HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 03/16/2015 (3) I
Public Works Committee Agenda
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Councilmembers: Brenda Fincher•Dana Ralph•Dennis Higgins, Chair
KENT WASHINGTON March 16, 2015
4:00 p.m.
Item Description Action Speaker Time Facie
1. Approval of Meeting Minutes Dated, YES None 03 03
March 2, 2015
2. Interlocal Agreement with the King YES Alex Murillo 10 07
County Flood Control District for the
Upper Russell Road Levee
3. Consultant Services Agreement with YES Chris Wadsworth 05 25
Berger Partnership for Green River
Brochure
4. Consultant Services Agreement with YES Ken Langholz 20 41
Landau Associates for Geotechnical
Engineering Services for the 72nd Ave.
Extension Project
5. Consultant Services Agreement with YES Ken Langholz 61
Shearer Design LLC for Design and
Engineering Services for the 72nd Ave.
Extension Project
6. Information Only/Transportation Impact NO Chad Bieren 10 81
Fee — Rates
7. Information Only/SE 256th Street NO Mark Howlett 05 83
Ribbon Cutting
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the lst & 3rd Mondays
of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-
5895. For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk's Office
at (253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-
833-6388.
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Public Works Committee Minutes 3
March 2 2015
COMMITTEE MEMBERS PRESENT:
Committee Chair, Dennis Higgins, and Committee members Dana Ralph and Brenda Fincher were
present. The meeting was called to order at 4:02 p.m.
Item 1 - Approval of Meeting Minutes Dated February 23, 2015:
Committee member Fincher MOVED to approve the minutes of February 23, 2015. The
motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 2 -Information Only/ Recycling Event at Hogan Park March 21, 2015:
Gina Hungerford, Conservation Coordinator noted the following events:
2015 Spring Recycling Event
March 21, 2015 from 9:00 am - 3:00 pm, at Hogan Park, at Russell Road 24400 Russell Road.
Hungerford noted that residents are invited to bring items that are not easily recycled at the
curb including appliances, tires, bulky yard debris and Styrofoam at no charge. For a list of
what to bring, visit www.KentRecycles.com. Hungerford said that you now can also bring old
clothes even if they have holes in them and they will be recycled into usable items. Flyers
about the event will go out in the mail this week.
Composter, Worm Bin & Rain Barrel Sale
Composters &Worm Bins will be available for $25 and Rain barrels for $30, while supplies last.
Spring Curbside Cleanup Week
April 6 - 10 residents can place additional garbage and yard waste at the curb (by 7:00 am) on
their regular garbage day. A flyer with details will be sent in mid-March for more information
visit www.KentRecycles.com. Hungerford noted that "extras" are charged a fee all other
weeks.
Information Only/No Motion Required
Item 3 - Information Only/LED Street Light - Financing.
Transportation/Special Projects Manager, Kelly Peterson presented items 3 and 4 together.
Peterson stated that both Public Works and Parks departments had interest in applying for the
Washington State Department of Commerce grant which offered a 2013-2015 Energy Efficiency
and Solar Grant to agencies in Washington. Though each department has very unique projects,
Public Works and Parks combined the projects into a single grant application.
The Public Works department proposed an LED street light conversion project of city owned-street
lights. The total project cost is approximately $2,620,000 with $375,000 of the grant being
applied to the LED project. Peterson stated that an inter-fund loan in the amount of $2,245,000
would be required to fund the remaining portion of the project. Following completion of the
project, a Puget Sound Energy rebate of approximately $445,000 will be provided to the city
which would be applied to the loan balance. The remaining $1,800,000 will be paid back over an
estimated period of not more than ten (10) years through energy savings. The project is
estimated to take about 6 months to complete.
Councilmembers asked that this item be brought back to committee with a financing plan that is
as structured as possible.
No Motion Required/Discussion Topic Only
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March 2 2015
Item 4 - Washington Department of Commerce Enerav Efficiency and Solar Grant - Acceptance:
Same as noted in item 3.
The WA State Department of Commerce offered a 2013-2015 Energy Efficiency and Solar Grant to
agencies in Washington. The Public Works and Parks departments both had interest in applying
for the grant. The maximum award to any jurisdiction is $500,000. Though each department has
very unique projects, Public Works and Parks combined the projects into a single grant application
to prevent city projects from competing for the same funds.
Peterson noted that the existing Heating, Ventilation and Air Conditioning (HVAC) equipment at
Riverbend is reaching the end of its life cycle. The Riverbend HVAC replacement project will cost
approximately $750,000. The project will utilize $125,000 from the grant and reduce annual
operating and energy costs.
It was noted that the ordinance establishing the inter-fund loan will go on other business, when
the time comes.
Committee member Ralph MOVED to authorize the Mayor to accept the Washington
State Department of Commerce Energy Efficiency and Solar Grant in the amount of
$500,000, establish budgets for the LED street light conversion and HVAC replacement
at the Riverbend Golf Course, authorize expenditures of the grant funds accordingly,
and authorize the Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney, Public Works Director and Parks Director.
The motion was SECONDED by Committee member Fincher and PASSED 3-0.
Item 5 — Telecommunications Franchise with Astound Broadband, LLC:
Design Engineering Manager, Mark Howlett noted that Astound Broadband, LLC is a
telecommunications company and sister of WAVE Broadband. They would like to install and
operate telecommunications equipment in the city's streets. This equipment will be used to
provide telecommunications services, private lines, internet access services, dark fiber services
and lit fiber services. Astound Broadband has requested that the City grant them a franchise
laying out the terms and conditions under which this equipment is installed and the services
provided. Howlett noted that franchise is good for 10 years and covers Kent city limits.
Howlett stated that this franchise does not grant Astound Broadband authority to install any
facilities without first obtaining appropriate permits, leases, easements, or other approvals as
req u i red.
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign
an ordinance granting Astound Broadband LLC a franchise to install and maintain
facilities for a telecommunications network within the public rights-of-way of the City,
subject to final terms and conditions acceptable to the City Attorney and Public Works
Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 6 — Consultant Agreement with GEI Consultants for Briscoe/Desi mone Reach 1:
Construction Manager, Eric Connor noted that where the Briscoe-Desimone Levee is located within
the city limits of Tukwila and provides flood protection for the Cities of Kent, Tukwila and Renton.
Connor stated that at the January 20, 2015 Council meeting, the construction contract for Reach 1
was authorized. Under this consultant services agreement, GEI will provide construction
engineering support for Reach 1.
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March 2 2015
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a
Consultant Services Contract with GEI Consultants, Inc. in an amount not to exceed
$103,176 to provide engineering services for the Briscoe-Desi mone Levee Reach 1
project, subject to final terms and conditions acceptable to the City Attorney and Public
Works Director. The motion was SECONDED by Committee member Fincher and PASSED
3-0.
Item 7 - Upper Russell Road Levee - Joint Trench Agreement with Comcast:
Environmental Engineer, Toby Hallock presented items 7 and 8 together.
As part of the SR 516 to S 231st Way Levee project, the City will be undergrounding the existing
overhead utility lines. The owners of these utilities consist of Puget Sound Energy (PSE), Century
Link and Comcast. Agreements with each of these companies are necessary to establish
construction requirements and reimbursement costs for the underground conversion.
This agreement is between the City of Kent and Comcast, for Comcast to reimburse the City of
Kent for its share of the expenses for the joint utility trench.
Committee member Ralph MOVED to recommend Council authorize the Mayor to sign the
Joint Utility Trench Agreement between the City of Kent and Comcast for the
underground conversion of the overhead utilities for the SR-516 to S 231S` Way Levee
Project, subject to final terms and conditions acceptable to the City Attorney and Public
Works Director. The motion was SECONDED by Committee member Fincher and PASSED
3-0.
Item 8 - Upper Russell Road Levee - Joint Utility Trench Agreement with Century Link:
Same as item 7.
This agreement is between the City of Kent and Century Link, for Century Link to reimburse the
City of Kent for its share of the expenses for the joint utility trench.
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign
the Joint Utility Trench Agreement between the City of Kent and Century Link for the
underground conversion of the overhead utilities for the SR 516 to S 231" Way Levee
Project, subject to final terms and conditions acceptable to the City Attorney and Public
Works Director. The motion was SECONDED by Committee member Ralph and PASSED
3-0.
Added Item:
Business and Occupation Proiect List - Update:
Public Works Director, Tim LaPorte went through the Business and Occupation Tax Project list in
detail. He noted that in December of 2014, Council approved the 2015 Business and Occupation
(B&O) Project list totaling $4.7 million. In addition to the allocated $4.7 million B&O revenue to be
collected in 2015, there is additional B&O revenue collected in 2015 available for expenditure.
Staff recommends the additional revenue be used to fund Thermoplastic Markings, Crack Sealing,
additional Loop Replacement, Guardrail Replacements, and a First Avenue Improvement project in
2015. The funds could also be used for the South Central Pavement Rehabilitation and additional
island rehabilitation work on Highway 99.
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March 2 2015
Committee member Ralph MOVED to amend the 2015 street improvement project list,
pay for these additional project costs, except as may be supplemented by grant funds or
additional Council authorization, from available Business and Occupation Tax receipts.
The motion was SECONDED by committee member Fincher and PASSED 3-0.
The meeting was adjourned at 5:01 p.m.
Cheryl Viseth
Council Committee Recorder
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 12, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 16, 2014
From: Alex Murillo, P.E., Environmental Engineer
Through: Chad Bieren, P.E., City Engineer
Subject: Russell Road Upper Levee — Amended Interlocal Agreement
with the King County Flood Control District
Item - 2
Motion: Move to recommend Council authorize the Mayor to sign an
amended Interlocal Agreement with the King County Flood Control District
to receive reimbursement for improvements to the Russell Road Upper
Levee, subject to final terms and conditions acceptable to the City Attorney,
the Public Works Director and the Parks Director.
Summary: The Interlocal Agreement (ILA) will allow the City to move ahead with
construction of the remaining portion of the South Reach Levee between the Neely-
Soames Historic House and the James Street/Russell Road Intersection using
budgeted funds from the King County Flood Control District (District).
In July 2013, an ILA was executed with the District to construct the North Reach
Levee segment of the Russell Road Upper Levee, located next to the Lakes
Community. The District budgeted $1.5 million for the levee improvements. The
agreement was then amended in March 2014 to include funding for levee
construction at the James Street/Russell Road intersection and property acquisition
along the Lakes Community. The funding totaled about $3.8 million.
This proposed amendment will bring District funding for the project to a total of just
under $6 million. Per the ILA, project costs in excess of this amount will require
approval from the District. We expect to be within this amount.
The project will complete the remaining portion of the South Reach Levee and will
complete FEMA Accreditation work on the Upper Russell Road Levee near the Lakes
Community.
Exhibit: Amended Interlocal Agreement
Budget Impact: Under this agreement the City would be reimbursed up to
$5,987,228 from the King County Flood Control District
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REVISED AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND
MAINTENANCE
Russell Road Upper Levee—North Reach and South Reach
River Mile 19.25 to 20.4, Right Bank
THIS REVISED AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND
MAINTENANCE ("Agreement") of the Russell Road Upper Levee — North Reach and South
Reach, River Mile 19.25 to 20.4, Right Bank ("Levee") is entered into on the last date signed
below by and between the Parties, the CITY OF KENT, a Washington municipal corporation
("City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal
corporation of the State of Washington ("District") (collectively, the 'Parties").
RECITALS
A. King County, Washington, through the Water and Land Resources Division of the
King County Department of Natural Resources and Parks ("WLRD"), as service provider to the
District pursuant to an interlocal agreement with the District, operates and maintains a major
portion of the Green River Levee System.
B. The Russell Road Upper Levee — North Reach and South Reach ("Levee") is a
key part of the Green River levee system. The District Board of Supervisors desires to improve
the Levee by constructing a new secondary earthen levee described and shown in Exhibit A as
part of a longer term plan for a setback levee in this area. The secondary levee project will
hereafter be referred to as "Project" or "Levee Project". The Levee Project is planned for
construction from 2013 through 2016.
C. The District desires to authorize and the City desires to construct the Project as
soon as possible, in order to provide for the safety of the residents and businesses that are
protected by this levee.
D. By Resolution FCD 2012-09.3, adopted on November 5, 2012, FCD 2013-14.3,
adopted on November 12, 2013, and FCD 2014-14.3, adopted on November 3, 2014, the District
Board of Supervisors determined that the flood control improvements included in those
Resolutions generally contribute to the objectives of the District's comprehensive plan of
development. hi those Resolutions, the District Board of Supervisors also approved funding for
the Project.
E. Pursuant to Resolution FCD 2013-12.1, the Parties entered into the "Agreement
for Levee Construction, Operation and Maintenance, Russell Road Upper Levee-North Reach,
River Mile 19.5 to 19.8, Right Bank" relating to the North Reach portion of the Project ("North
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Reach Agreement'). Pursuant to the North Reach Agreement, the North Reach Levee was
constructed in 2013.
F. Pursuant to Resolution FCD 2014-02.1, the Parties entered into the "Agreement
for Levee Construction, Operation and Maintenance, Russell Road Upper Levee-North Reach
and South Reach, River Mile 19.25 to 20.4, Right Bank"relating to the North and South Reaches
of the Project ("2014 Agreement'). Pursuant to the 2014 Agreement, construction on a portion
of the South Reach Levee located at the James/Russell intersection was started in 2014, and
property necessary to construct the South Reach Levee located along the Lakes Community will
be acquired.
G. The Parties desire to revise the 2014 Agreement to amend and re-state the 2014
Agreement, and to include construction of the remaining portion of the South Reach Levee along
the Lakes Community, which has an anticipated start date in 2015.
AGREEMENT
Based upon the foregoing,the Parties agree as follows:
1. Incorporation of Recitals Scope of Agreement.
a. All recitals above are hereby incorporated and ratified as part of this Agreement.
b. This Agreement establishes the terms and conditions for design, construction,
installation, operation, maintenance and repair of improvements to the Levee, as that term is
defined in the recitals above. This Agreement amends and replaces the "Agreement for Levee
Construction, Operation and Maintenance, Russell Road Upper Levee-North Reach and South
Reach, River Mile 19.25 to 20.4, Right Bank" executed by the Parties in April, 2014, upon the
effective date of this Agreement, as defined in paragraph 16 below.
2. Definition of District. Unless provided otherwise in this Agreement, the term
"District"hereinafter also shall include WLRD in its capacity as service provider to the District.
3. Levee Design, Construction and Reimbursement.
a. The City shall design, construct and install the improvements to the Levee Project
described and depicted on Exhibit A, attached hereto and incorporated herein by reference in
accordance with this Agreement, subject to the authorizations and restrictions in Exhibit A. In
this Agreement, the term "Levee Project' or "Project' shall apply to both the North Reach and
the South Reach, unless the term can and should apply only to a part of the Project or Levee
Proj ect
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b. The City shall obtain and be responsible for all necessary local, state, and federal
permits and approvals for the Levee Project, and shall fully comply with all applicable
requirements and conditions thereof.
C. The Parties acknowledge and understand that at the effective date of this
Agreement, all of the estimated cost of the Levee Project is included in the District's 2015-2020
Six-Year CIP. The District reserves the right to terminate this Agreement, and the City shall
immediately terminate work upon receipt of notice to terminate; provided, that until substantial
completion of the Project, the District shall continue to accept and review City requests for
reimbursement up to the amount of funds appropriated in an approved District budget or this
Agreement.
d. The City's cost and expense for the Levee Project improvements shall be
reimbursed pursuant to the procedures, requirements and restrictions of the Reimbursement of
City Expenditures paragraph below.
e. Except as provided in Section 3(f) below, the City shall obtain and convey to the
District or King County, as determined by the District, all necessary easements or property
interests for design, construction of or access to the Levee Project. If the property interest is an
easement, the City shall use either (1)the form of the standard River Protection Easement in
Reference 8P to the King County Surface Water Design Manual, or (2) a different form of River
Protection Easement approved by the District. If the property interest is other than an easement,
the form of the property interest document shall be approved by the District.
f. For portion of the Levee Project shown on Exhibit C, attached hereto and
incorporated herein by reference (also known as the Lakes Community portion of the South
Reach Levee), (1) the City shall grant to the District or King County, as determined by the
District, a fifteen-foot wide River Protection Easement for the area shown on Exhibit C, in the
form of River Protection Easement or alternative Easement form described in Section 3(e) above,
(2)the City shall grant to the District or King County a maintenance and inspection easement for
the portion of the Levee located in the City's right-of-way shown on Exhibit C and outside of the
existing Green River Trail, in a form of easement approved by the District, (3) the District or
King County, as determined by the District, shall grant to the City a vegetation management
easement between the River Protection Easement and the maintenance and inspection easement,
in a form of easement approved by the City, and (4) after receipt of the River Protection
Easement, the District or King County, as determined by the District, shall grant to the City a
ten-foot wide easement for utilities in the portion of the River Protection Easement that abuts the
vegetation management easement. A typical cross section of the existing ground, the City right-
of-way, the vegetation management easement area, and River Protection Easement area is shown
on Exhibit D, attached hereto and incorporated herein by reference.
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4. Levee Inspection, Maintenance, Operation and Repair Standards. The District
shall inspect, operate, maintain and repair the Levee in accordance with this Agreement, which
includes Exhibit B, attached hereto and incorporated herein by reference, and with District
general standards, requirements and policies for operation, maintenance and repair of Green
River levees, as these are determined and applied by the District, provided that the District shall
not be obligated to operate, maintain and repair the Levee if FEMA does not approve a risk-
based approach to operation, maintenance and repair of the Levee.
5. District Review of Levee Plans and CLOMR Applications. The City shall
provide to the District a schedule of the material and significant events and actions for design
and bidding of the Project, which events and actions shall include, but not be limited to, the thirty
percent (30%), sixty percent (60%) and ninety percent (90%) design phases and the invitation to
bid. At least thirty (30) days before City completion of plans and specifications for any design
phase, the City shall submit draft plans and specifications to the District for review and
comment. At least thirty (30) days before advertising an invitation to bid, the City shall submit
to the District for review and comment the plans, specifications and requirements of the
invitation to bid and the application (with attachments and exhibits) for a FEMA Conditional
Letter of Map Revision ("CLOMR"). The District shall submit any comments within thirty (30)
days of receipt of the documents.
6. Additional Activities. The District will provide enhanced monitoring of the
Levee through slope stability instrumentation.
7. District Inspections. The District shall have the right to inspect the City's
construction of the Levee Project.
8. Contracts for Levee Work. Upon execution of a contract for construction of the
Levee Project,the City shall send a copy of the contract to the District.
9. Record Drawings: Retention and Review of Documents. The City shall submit to
the District record drawings for the Project, in a form and with detail required by the District.
The City agrees to maintain documentation of all planning, design, construction and inspection
of the Project sufficient to meet state audit standards for a capital project, recognizing that the
costs of the Project are paid for in whole or in part by the City and the District. The City agrees
to maintain any additional documentation that is requested by the District. City contracts and
internal documents shall be made available to the District for review and/or independent audit
upon request.
10. Access: Special Use Permit. To the extent that the District's or King County's
property interests require and allow, the City shall follow the District and/or King County
processes for obtaining, as applicable, special use permits, consistent with King County special
use permit procedures and standards, and shall obtain such permits for any City access to and
construction and inspection work on the Levee. The District shall waive any applicable bond
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requirements. If Levee Project work involves access to and use of real property for which
neither the District nor King County has real property interests or rights, the City shall be
responsible for obtaining real property rights sufficient for City access to and construction and
inspection of such Levee Project work, and District and WLRD access to and maintenance,
operation and repair of the Levee.
11. District Costs and Expenses. The District's budgets for 2013, 2014 and 2015
include $5,987,228 for the Levee Project as described and depicted in Exhibit A. The Project
costs shall not exceed this amount without amendment of the District's 2015 budget or approval
of such amount in a future annual District budget.
12. Reimbursement of City Expenditures.
a. No more than once a month, the City shall submit requests for reimbursement of
City costs and expenses incurred on or after July 8, 2013 for property interest or easement
acquisition, for restrictive covenant implementation, and for Project design, construction and
inspection; provided that the City may not submit, and the District shall not consider, such
reimbursement requests for property interest or easement acquisition or restrictive covenant
implementation until the City has obtained and conveyed to the District the property interest
documents required by paragraph 3.e or the applicable restrictive covenants. The requests shall
be in a form and shall contain information and data as is required by the District. In connection
with submittal of requests for reimbursement, the District may require the City to provide a
status and/or progress report concerning submittal, preparation or completion of any document or
work required by this Agreement.
b. The District shall review the requests to confirm that they are reimbursable and
payable under this Agreement. The District shall endeavor to complete such review within thirty
(30) days of receipt of a request in order to determine whether they are reimbursable and payable
under this Agreement. The District shall forward the approved reimbursement to the City within
forty-five (45) days of the City request.
C. The District may postpone review of a City request for reimbursement where all
or any part of the request is inaccurate or incomplete. The District shall notify the City of any
inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall
provide the requested information or data within thirty (30) days of the request for such
information or data. If the request is still inaccurate or incomplete in the opinion of the District,
the dispute shall be resolved in accordance with paragraph 21 below. After resolution of the
dispute, the District shall provide reimbursement as provided in this paragraph 12.
d. The District may postpone payment of any request for reimbursement, up to a
maximum of five percent (5%) of the request, where the City is delinquent in submittal,
preparation or completion of any document or work required by this Agreement
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13. Levee Warranty. The City shall warrant the materials, work and function of the
Project for five (5) years after the City's acceptance of construction of the Project, or any
discrete and separate portion thereof.
14. Compliance with Laws and Regulations. The City shall be responsible for
compliance with all applicable laws and regulations, and obtaining all required permits,
approvals and licenses in connection with the Project.
15. Impact on Other Reaches or Segments. The District and the City agree that the
improvements to the Levee under this Agreement shall not have a detrimental effect on other
segments or reaches of the Green River levee system. The improvements to the Levee shall be
deemed not to have such a detrimental effect where the improvements fully protect the
conveyance capacity and storage volume of the floodplain during base flood (100-year flood)
conditions, as demonstrated by compliance with King County flood hazard regulations, which
are Sections 21A.24.230 through 21A.24.260 of the King County Code.
16. Duration Effective Date. This Agreement shall take effect on the date on which
the second party signs this Agreement, and shall remain in effect until the Levee Warranty
expires.
17 Third Parties. This Agreement and any activities authorized hereunder shall not
be construed as granting any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability to the City, the
District and/or King County, granted under state statute, including Chapters 86.12 and 86.15
RCW, or as otherwise granted or provided for by law.
18. Liens and Encumbrances. The City acknowledges and agrees that it will not
cause or allow any lien or encumbrance arising from or related to the Levee work authorized by
this Agreement to be placed upon the real property interests of King County and the District. If
such lien or encumbrance is so placed, King County and the District shall have the right to
remove such lien and charge back the costs of such removal to the City.
19. Indemnification. To the maximum extent permitted by law, the City shall defend,
indemnify and hold harmless the District and King County, and all of their officials, employees,
principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable
attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons
or damages to property, arising out of, or as a consequence of, the design and construction of the
improvements to the Levee under this Agreement. As to all other obligations under this
Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and
hold harmless the other Party, and all of its officials, employees, principals and agents, from any
and all claims, demands, suits, actions, fines, penalties and liability of any kind, including
injuries to persons or damages to property, arising out of or relating to any negligent acts, errors
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or omissions of the indemnifying Party and its contractors, agents, employees and representatives
in performing these obligations under this Agreement. However, if any such damages and
injuries to persons or property are caused by or result from the concurrent negligence of the
District or its contractors, employees, agents, or representatives, and the City or its contractor or
employees, agents, or representatives, each Party's obligation hereunder applies only to the
extent of the negligence of such Party or its contractor or employees, agents, or representatives.
This indemnification provision shall not be construed as waiving any immunity granted to the
City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW,
as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party
only, and only to the extent necessary to provide the indemnified Party with a full and complete
indemnity of claims made by the indemnitor's employees. This waiver has been mutually
negotiated.
20. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
21. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for in
paragraph 12 above, submittal of all relevant information and data to an independent Certified
Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Parties, for a
non-binding opinion as to the responsibility.
b. If the foregoing does not result in resolution and for all other disputes, the Parties
may mutually select any informal means of resolution and resort will otherwise be had to the
Superior Court for King County, Washington.
C. Each Party will be responsible for its own costs and attorney's fees in connection
with the dispute resolution provisions of this paragraph 21.
22. Trail Design. If the City removes the existing embankment and trail, the City shall obtain
permits for and shall design and construct a trail on top of the new levee in accordance with King
County Park regional trail standards. The City shall submit plans for the trail to King County
Parks for review coincident with District plan review at each design phase. This City trail
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Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
16
construction requirement does not necessarily preclude the District from designing and
constructing a trail on top of the new levee in accordance with King County Park regional trail
standards, once the existing levee crest and embankment have been fully improved (including
trail removal, grading and vegetation). If the District designs and constructs the trail, the City
agrees to process all applicable permits and approvals and shall not unreasonably deny, delay,
nor place unreasonable conditions on such permits and approvals.
23. Entire Agreement Amendment. This Agreement, together with its Exhibits A
through D, represents a full recitation of the rights and responsibilities of the Parties and may be
modified only in writing and upon the consent of both Parties. Should any conflict exist between
the terms of this Agreement and the terms of the Exhibits,this Agreement shall control.
24. Binding Nature. The rights and duties contained in this Agreement shall inure to
the benefit of and are binding upon the Parties and their respective successors in interest and
assigns.
25. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be in
writing and shall be validly given or made to the other Party if delivered either personally or by
Federal Express or other overnight delivery service of recognized standing, or if deposited in the
United States Mail, certified, registered, or express mail with postage prepaid, or if sent by
facsimile transmission with electronic confirmation. If such notice is personally delivered, it
shall be conclusively deemed given at the time of such delivery. If such notice is delivered by
Federal Express or other overnight delivery service of recognized standing, it shall be deemed
given one (1) business day after the deposit thereof with such delivery service. If such notice is
mailed as provided herein, such shall be deemed given three (3) business days after the deposit
thereof in the United States Mail. If such notice is sent by facsimile transmission, it shall be
deemed given at the time of the sender's receipt of electronic confirmation. Each such notice
shall be deemed given only if properly addressed to the Party to whom such notice is to be given
as follows:
To City: Tim LaPorte, Public Works Director
220 Fourth Avenue South
Kent, WA98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
8
Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
17
To District: Mark Hoppen, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: Mark.Hoppen@kingcounty.gov
Any Party may change its address for the purpose of receiving notices as herein provided by a
written notice given in the manner aforesaid to the other Party.
26. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Suzette Cooke
Its: Mayor Its: Board Chair
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney Legal Counsel
9
Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
18
EXHIBIT A
Description of the Russell Road Upper Levee- North Reach and South Reach Project
The Russell Road Upper Levee is located along the right bank(easterly side) of the Green River
between River Mile 19.25 and 20.4, which is approximately from S 231st Way to the Riverbend
Golf Complex (see Figure 1). The Russell Road Upper Levee, which includes the North Reach
and South Reach, protects properties within the cities of Kent, Tukwila and Renton. Multi-
family residences and single family residences,the City's Maintenance Operations Facility,
Russell Woods Park, Neely-Soames Historic Homestead and Riverbend Golf Complex are
located adjacent to the Levee.
Before the completion of improvements to the North Reach section of the Levee in 2013, the
North Reach, approximately 1,190 linear feet, did not meet slope and stability requirements and
needed improvements to meet FEMA accreditation standards. This section of Levee is located
between RM 19.5 and 19.8. This section of Levee is on the outside of a sharp bend in the river
and the slope of the riverbank has indications of minor slumping of soils. This recently
constructed section of the Levee provides greater than 3 feet of freeboard above the predicted
100-year flood event, which exceeds FEMA standards for accredited levees
The South Reach, approximately 1,800 lineal feet, does not meet slope and stability requirements
and needs improvements to meet FEMA accreditation standards. This section of Levee is
located between RM 20.1 to 20.4, which is located on a sharp outside bend in the Green River
and has indications of minor slumping in the soils. Once constructed, this section of the Levee
will provide greater than 3feet of freeboard above the predicted 100-year flood event, which
exceeds FEMA standards for accredited levees.
District funds for the South Reach section of the Levee will allow construction of this section of
the Levee along the Lakes Community, the City's Public Works Maintenance Operations
Facility, Parks Maintenance Facility and Riverbend Golf Complex. District funds previously
appropriated have allowed construction of the North Reach portion of the Levee,the setback
levee at West James Street and Russell Road, and the acquisition of necessary properties and
easements to complete the work.
For both the North and South Reach, the Project will allow for future re-vegetation and habitat
restoration work along the river between the ordinary high water line and the trail in areas where
the Levee will be constructed. In the areas where the Levees are installed, mid-slope terraced
areas or benches may be constructed where feasible and native vegetation will be planted above
10
Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
19
the ordinary high water line as part of a future phase. This Agreement does not provide for the
property acquisition or project planning or design for that future phase.
11
Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
20
FIGURE 1:
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12
Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
21
EXHIBIT B
Levee Inspection, Maintenance, Operation and Repair
1. The District shall maintain and operate the Levee consistent with the District's Flood
Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and
Maintenance Objectives (or its successor), which states as follows:
"[The District] should construct new flood protection facilities and maintain,
repair or replace existing flood protection facilities in such a way as to:
• Require minimal maintenance over the long term,
• Ensure that flood or channel migration risks are not transferred to other
sites,
• Protect or enhance aquatic, riparian and other critical habitats, and
• Protect or enhance multiple beneficial uses of flood hazard area."
2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a
risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a
CLOMR or LOMR for the Levee, the District shall not be obligated to operate and
maintain the Levee.
3. The upper 1/3 of the riverward slope above the OHWM may be mowed and maintained
in grass cover.
4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all
times, including access by heavy construction equipment and earth-hauling machinery.
5. The landward Levee slope may be mowed and maintained in grass cover.
6. The 15-foot maintenance access and inspection area along the landward Levee toe may
be mowed and maintained in grass cover.
7. Upon acceptance of completed Levee construction by the District, the Levee, as
constructed to these standards, shall be inspected by the District prior to leaf emergence
each spring, at low-flow conditions in the late Summer or early Fall, prior to the onset of
fall rains and seasonal high flows, and during and immediately following flood events at
Phase III(9,000 cfs) or greater.
13
Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
zz
8. All structural features of the Levee shall be inspected by the District for deterioration or
damage, including the presence of any slope erosion, washouts, slumping, slides, or
sloughing, and any conditions noted shall be included in prioritization of District and/or
King County maintenance and repair needs, and in performance of maintenance and
repair actions at the earliest appropriate opportunity.
9. All vegetation on the levee slopes, benches, or along the lower embankment shall be
inspected by the District for erosion of the riverward embankment in the root zone, and
appropriate corrective action shall be taken where such conditions may be present.
10. The District and/or King County shall perform continuing levee patrols during all Phase
III or greater flood events.
11. Damaged or impaired Levee conditions observed by the District during flood patrols shall
be evaluated for emergency repair actions.
12. Any emergency repairs performed will be inspected by the District at the neat low-water
period for evaluation of permanent repair needs or additional measures required to restore
the function and integrity of all affected locations.
13. The District and/or King County shall prioritize repairs consistent with the adopted
policies of the District's Flood Hazard Management Plan, or its successor.
14. The City shall be responsible for all local drainage inspections and maintenance. The
District and King County shall not assume any responsibility for stormwater management
activities.
15. The Levee shall meet the following minimum Factors of Safety for potential slope failure
mechanisms when determined by the methodologies described in USACE Publications
EM 1110-2-1902 and EM 1110-2-1913, as follows:
• End of Construction FS-1.3
• Steady State at full stage: FS-1.2
• Steady State at intermediate stage: FS-1.2
• Seepage and Heaving: FS-1.2
• Rapid Drawdown from full stage: FS-1.4
• Seismic: FS-1.0
14
Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
23
EXHIBIT C
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1
LEGEND
THE LAKES HOA OWNERSHIP --
% 4%% �l 15' RIVER PROTECTION
EASEMENT TO KING COUNTY FCD
KING COUNTY FCD OWNERSHIP —
VEG. MAINT. EASEMENT TO CITY SR 516—S. 231ST ST
OF KENT LEVEE IMPROVEMENTS
° THE LAKES - SOUTH REACH
LLLLL—LLLLLL CITY OF KENT OWNERSHIP — ��+�T
LLLLLLI LLLLLLL wr..vinn.aw
LLLLLL�LLLL LL LEVEE MAINTENANCE EASEMENT - ------------
LLLLLLLLLLLLLL TO KING COUNTY FCD CITY OF KENT_s°^!:.E..
ENGINEERING DEPARTMENT CAR 01-301Y
15
Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
24
EXHIBIT D
i
I
I
EXISTING CITY OF
KENT 40' R/W PROPERTY TO BE PURCHASED 15' RIVER
FOR KING COUNTY PROTECTION
LEVEE MAINT. (WIDTH VARIES) EASEMENT TO
EASEMENT TO KING COUNTY
KING COUNTY
70 __ __ (VEGETATION MAINT _ 4
EASEMENT
60 - -- -- -TO CITY OF KENT)
50....+� _... _._ _..
> _NEW_LEVE
40 - EXISTING '-
w GROUND /
30---rr -" 10' UTILITY EASEMENT
TO CITY OF KENT
100
0 40 60 80 _100 12C
TYPICAL SECTION
SR 516-S. 231ST ST
LEVEE IMPROVEMENTS
KENT THE LAKES - SOUTH REACH
CITY OF KENT
ENGINEERINQ DEPARTMENT MTC _ U>-20
16
Russell Road Upper— North Reach and South Reach (Kent/KCFCD) Revised 031315
25
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: March 12, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 16, 2015
From: Chris Wadsworth, Engineer Tech III
Alex Murillo P.E., Environmental Engineering Supervisor
Through: Chad Bieren, P.E. City Engineer
Subject: Consultant Services Agreement with Berger Partnership
for Green River Brochure
Item — 3
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Berger Partnership, in an amount not to
exceed $23,300 for the Green River Projects Brochure, subject to final terms
and conditions acceptable to the Public Works Director and City Attorney.
Summary: As our work along the Green River continues, residents, businesses, outside
agencies and stakeholders have taken a keen interest in our progress, the important work
that we have done, and the future work that remains.
Our work on the Green River is more than repairing levees for flood protection. We need a
document that highlights the three major components of our Green River projects, which
are ecological restoration, public recreation, and flood risk reduction. This information is
intended to be posted on our website, as well.
Preparation of the document will be an interdepartmental effort to capture all of the project
elements and work along the Green River. Utilizing the services of Berger Partnership, the
goal is to develop a document which captures our efforts to reduce flood risk through our
levee repair projects, our commitment to improve salmon habitat in the Green River
through our environmental restoration projects, and our focus to enhance our community
through public parks, trails and other recreational assets.
Berger Partnership will prepare the artist illustrations for our projects to message the
important work that we do along the Green River. Final compilation of Berger's products
will be done in-house by our Multimedia staff.
Exhibit: None
Budget Impact: This contract will be paid through the stormwater utility fund.
26
This page intentionally left blank.
27
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Berger Partnership
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Berger Partnership organized under the laws of the State of
Washington, located and doing business at 1721 8th Ave N, Seattle, WA 98109, Phone: (206)
325-6877, Contact: Greg Bower (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall assist with the preparation of the next edition of the Kent
Green River Projects Brochure. For a description, see the Consultant's Scope of
Work which is attached as Exhibit A and incorporated by this reference.
I
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by December 31', 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty-three Thousand, Three Hundred Dollars ($23,300), for the services
described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
2s
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
I
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
29
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and j
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
30
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
I
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
31
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
i
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: BY:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Greg Bower Timothy J. LaPorte
Berger Partnership City of Kent
1721 8" Ave N 220 Fourth Avenue South
Seattle, WA 98109 Kent, WA 98032
I
(206) 325-6877 (telephone) (253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[[n tints field,you may enter the electronic filepath where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 5
ll
(Over$10,000)
i
32
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth !.
above.
By signing below, I agree to fulfill the five requirements referenced above.
By.
For:
Title:
Date:
it
EEO COMPLIANCE DOCUMENTS - 1
i
33
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
II
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 2
34
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
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For:
Title:
Date:
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I
EEO COMPLIANCE DOCUMENTS - 3
35
EXH1Bl T A
PARTNERSHIP
02,04.15 Berger
Mr.Alex Murillo
Kent Public Works
City of Kent
220 Fourth Avenue South
Kent,WA98032
Proposal for Landscape Architectural Services-Kent Green River Projects Brochure
Dear Alex:
We are pleased to submit this proposal for assisting with the preparation of the next edition of
the Kent Green River Projects Brochure.We are excited about the opportunity to help develop
and share the past,present, and future story about the Green River corridor in Kent.The purpose
of the brochure is to provide information about the Green River projects to an audience that
Includes city staff,elected officials and the greater community.
There are 12-15 projects along the Green River that are In various stages of planning,design,
and construction.The brochure will present each project in its current phase of progress and
allow for updating as future editions of the brochure are produced.The summary of each project
will also represent the perspective of various departments within the city including,but not limited
to, Public Works, Parks,Transportation, Natural Resources,Administration,and Public Safety.
We will work through a series of drafts to develop the general layout and content of the brochure.
We will prepare narratives,maps, sketches,and photographs to convey the Green River projects
as accurately as possible.We understand the City of Kent staff will assemble the contents and
have responsibility for publication of the brochure.The services we will provide are presented in
a series of four steps including brochure concept,draft,final draft,and review,
Brochure Concept(313%complete) (3 weeks)
We will prepare a concept for the brochure Including the graphic layout and contents. Specific
services include the following;
• Obtain information about each Green River project Including history and proposed
actions through meetings and existing documentation.
• Visit project sites,take photographs for reference and use in the brochure,
• Develop layout and contents for the brochure.
• Prepare an outline for the written narrative including an introduction and 12-15 projects.
• Prepare a draft map of the project locations.
• Generate 12-15 concept sketches,one for each the proposed projects.
• Attend (2)meetings to discuss the contents and exhibits.
Landscape Architecture RergerPaRnershlpPi 2063256877
17218ih Ave bergemarcnershipcom
Urban Design S.W.,WA 98109
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36
e2,e4.1$ PARTNERSHIP
Mr,Alex Murillo berge�'
Kent Public Works
Proposal for Landscape Architectural Services-Kent Green River Projects Brochure
Page 2 of 3
• Provide brochure concept for review and input.We will provide the brochure contents in
digital form to Public Works and Parks for distribution to the appropriate departments
and individuals.
Brochure Draft Contents(60%complete) (3 weeks)
In this phase we will develop the contents of the brochure and refine the message,Specific
services Include the following:
• Incorporate input from the various city departments.
• Develop the narrative text including the summary, purpose,and goals of the projects.
• Develop the narratives for each of the 12-15 projects.
• Refine the map of project locations.
• Refine the sketches for each of the 12-15 projects.
• Attend (2) meetings to discuss the contents and exhibits.
• Provide brochure draft for review and input.We will provide the brochure in digital form
to Public Works and Parks for distribution to the appropriate departments and
individuals.
Brochure Final Draft Contents(90%complete) (3 weeks)
In this phase we will refine the written and graphic content and provide it in digital format to the
city for compilation.Specific services include the following:
• Incorporate Input from the various city departments.
• Finalize the written narratives.
Finalize the project location map,
• Finalize the sketches and add color.
• Provide all text,graphics,and sketches in digital format for use by the city to prepare the
final brochure,
Brochure Review(100%complete) (1 week)
To complete the work we will review the final brochure as prepared by the city and provide edits
as appropriate,
Fees
Based on the scope of services Identified at this time,we have established a fee for landscape
architectural services as follows:
Brochure Concept(30 h) $10,300.00
Brochure Draft Contents (60%) $6,800.00
Brochure Final Draft Contents(90°/) $5,400.00
Brochure Review(100%) $800.00
Total $23,300.00
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37
02,04,15 PARTNERSHIP
KentPxMurioa - ber er
Kent Public Works
Proposal for Landscape Architectural Services-Kent Green River Projects Brochure .;
Page 3 of 3
Fees will be billed monthly based upon the percentage of work completed.Services beyond
those noted in this proposal will be billed as additional services on an hourly basis as follows, or
lump sum fees can be negotiated:
Principal $180.00 per hour
Associate $135,00 per hour
Project Manager $110,00 per hour
Landscape Architectural Staff $95,00 per hour
Administrative Staff $70,00 per hour
Printing, reprographic expenses, CAD plots,travel costs, and other reimbursable expenses will
be billed in addition to the above fees at cast plus a 10%administrative mark-up.All accounts
are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late
charges of 1%per month, If payment for services is not received within 90 days of the invoice
date,all subsequent services and/or issuance of documents may be postponed until receipt of
payment,unless special arrangements are made prior to providing the services,
Fees may be subject to renegotiation if the proposal Is not accepted within 60 days.If the
duration of the contract exceeds one year, hourly rates may be subject to annual adjustments at
the anniversary date of the contract.
Revisions&Additions To Proposal
Once the brochure concept is approved, any substantive revision to the document resulting from
owner/client directed changes (including program changes,scope of work changes,
modifications to existing documents, construction and/or site and conditions change and
adjustments to time frames)will be billed as an extra service, Billing will be hourly, unless a
guaranteed maximum fee is requested for the revision.Written confirmation of the
change/revision will be sent as an amendment to this contract.Revision work started at the
direction of the owner/client,then subsequently terminated,will be billed as extra services
through date of stop-work notification.
If you have questions,would like more information, or wish to make any modifications,please do
not hesitate to contact us.We look forward to working with you on the Green River Projects
Brochure,
Sincerely,
Berger Partnership PS
Grower
Principal
c: Brian Levenhagen, Kent Parks, Recreation,&Community Services
II
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38
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
I
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
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39
EXHIBIT B (Continued)
i
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
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E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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41
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
Wnsu INGTON
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: March 13, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 16, 2015
From: Ken Langholz, Engineering Supervisor
Through: Chad Bieren P.E., City Engineer
Subject: Design and Engineering for the 72"d Avenue South Improvements
Project - Consultant Services Agreement with Landau Associates
Item - 4
Motion:
Move to recommend Council authorize the Mayor to sign a consultant
services agreement with Landau Associates in an amount not to exceed
$100,650 for geotechnical and environmental support services for the 72"d
Avenue S. Improvement Project, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
Summary: The Public Works Department was successful in obtaining a $1,182,420 grant
from the Washington State Transportation Improvement Board (TIB) for the 72nd Avenue
Improvement Project in 2011. If action is not taken soon this grant will be in jeopardy.
Currently 72nd Avenue South exists between South 180th and South 196th Streets and
between South 200th and South 228th Streets in the industrialized area of Kent. There is a
missing link between South 196th and South 200th Street that will be completed by this
project, including a new bridge across Mill Creek. A portion of this new roadway will be
across the western portion of the Western Processing Superfund site and the Bayside
Automotive site.
This contract with Landau Associates is for geotechnical and environmental support
services for addressing the permitting requirements needed to construct the new
roadway. The goal would be to continue the work required for permit applications for the
project. Permits will take the better part of a year to process, during which time the
Regional Fire Authority's (RFA) financial participation can be addressed and completed.
Exhibits: Consultant Services Agreement with Landau Associates
Budget Impact: Costs for this work will be paid out of project funds. The total project
cost is $2,800,000. RFA staff has indicated they will recommend the RFA contributes a
portion of the remainder as this bridge significantly improves their response time to the
northeast part of the Kent valley. We expect further discussions on the overall funding
proposal with the RFA Board and the City Council.
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43
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Landau Associates. Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Landau Associates, Inc. organized under the laws of the State of
Washington, located and doing business at 130 2nd Ave. S., Edmonds, WA 98020, Phone: (425)
787-0907/Fax: (425) 778-6409, Contact: Christine Kimmel (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide supplemental geotechnical and environmental support
services for the 72nd Ave. S. Extension project. For a description, see the
Consultant's Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by December 31, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed One Hundred Thousand, Six Hundred Fifty Dollars ($100,650.00), for the
services described in this Agreement. This is the maximum amount to be paid
under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
44
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
45
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
46
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
47
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Christine Kimmel Timothy J. LaPorte, P.E.
Landau Associates, Inc. City of Kent
130 2nd Ave. S. 220 Fourth Avenue South
Edmonds, WA 98020 Kent, WA 98032
(425) 787-0907 (telephone) (253) 856-5500 (telephone)
(425) 778-6409 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Landau Associates-72n°2/Lengholz
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
48
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
49
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
50
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
51
LANDAU
ASSOCIATES
January 29, 2015
City of Kent
Public Works Department
'2M Fourth Avenue South
Kent, Washington 98032
Attn: Mr. Ken Langholz,Engineering Supervisor
RE: PROPOSAL FOR SUPPLEMENTAL ENGINEERING/CONSULTATION SERVICES
72VD AVENUE SOUTH Ex,rENSiON PROJECT
KENT,WASHINGTON
Dear Ken:
This letter presents Landau Associates' proposed scope of services and cost estimate for
supplemental geotechnical and environmental support services for the City of Kent's (City) proposed
extension of 72"d Avenue South across the western portion of the Western Processing Superfund site
and the adjacent Bayside Automotive property located in Kent, Washington. The project scope and
budget summarized below are based on our current understanding of the roadway extension project, and
our estimated level of effort associated with each project task.
PROJECT BACKGROUND '..
The City plans to expand and extend 72"d Avenue South from the southern boundary of the
Western Processing site (South 200'S Street), cross over Mill Creek, and extend the roadway across the
Bayside Automotive property to connect with the existing intersection of 72"d Avenue South and South
196's Street. Based on permitting and other considerations, the City has requested that both single-span
arch culvert and bridge alternatives be evaluated.
An initial portion of the 72"d Avenue South roadway waS constructed over the southwestern
corner of the Western Processing site cap in 2000_ This existing portion of the roadway extension will
be widened and extended north to the Mill Creek crossing location.
PROPOSED SUPPLEMENTAL SERVICES
Our scope of services and estimated budget includes supplemental geotechnical engineering
services needed to support design of the roadway extension and a bridge across Mill Creek along with
remedial/environmental engineering associated with protection and modification of existing remedial
features at the Western Processing site, and our ongoing project coordination services. 'These scope
tasks are discussed further in the following sections.
ENVIRONMENTAL I GEOTECHNICAt I NATURALRESDURCES
13C 2nd Avenuc South • Edmonds,WA 98020• (4251 778-0907 • fax(425J 778-6409 • ve Ndondaurc.com
SEAULE • SPOKANE • TAGOMA • PORTLAND
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1.0 Supplemental Geotechnical Services
In 2013, Landau Associates prepared a draft geotechnical report for this project. Based on the
subsurface soil types and the vicinity of the project site to known active faults, a site specific seismic
evaluation was recommended in the draft geotechnical report. It was later recommended by Shearer
Design to the City that a site-specific seismic evaluation is not required for this project,and the City has
specifically requested that we exclude this task from our proposed supplemental scope of services.
Once the details of the design for the proposed bridge are established by the City and Shearer
Design, we will refine our geotechnical engineering analyses, conclusions, and recommendations as
needed. Analyses that may require refinement include, but are not necessarily limited to, global slope
stability, foundation settlement calculations, and lateral and axial pile capacities.
The results of our initial and supplemental geotechnical engineering analyses and our refined
geotechnical conclusions and recommendations will be summarized in a revised draft written report.
Upon receipt of review comments, we will address the comments and submit a signed and sealed final
geotechnical report.
Task 2.0 Remedial Engineering Support Services
Landau Associates will continue to assist the City in coordinating with the Trust and the
Governments regarding design of the roadway extension across the Western Processing site, and
evaluating appropriate methods to protect/modify/relocate existing remediation features that could be
affected by the proposed roadway project. Specifically, our proposed remedial engineering support
services are summarized in the following sections.
2.1 Existing Site Features Evaluation
The scope of this task includes additional evaluation of existing Western Processing site
features within or near the proposed roadway alignment, including providing support during
planning/implemewation of certain well system modifications and evaluating likely
construction/mitigation activities to address potential project impacts.
2.2 Existing Environmental Data Review
The scope of this task includes additional evaluation of existing environmental conditions at the
Western Processing and Bayside Automotive sides of the Mill Creek crossing and the level of chemical
constituents that may be present in soil that is likely to be disturbed by project construction. This task
includes additional efforts required to obtain and review, available reports regarding existing
environmental conditions at the Bayside Automotive property.
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2.3 Roadway Extension Work Plan
The scope of this task includes additional seeping and consultation associated with the project
work plan to be prepared and submitted to the Environmental Protection Agency and the Washington
State Department of Ecology to facilitate government approval of the roadway extension project.
2.4 Design Engineering,Drawings, and Specifications
The scope of this task includes additional consultation and support to the City during
preparation of selected drawings and specifications and associated plans related to protecting,
modifying, or relocating certain site remediation features, as well as for maintaining adequate health and
safety,quality assurance/quality control, and environmental protection measures during construction.
Task 3.0 Project Meetings,Coordination,and Project Management
Our scope and budget for the project meetings, coordination, and project management task are
summarized in the following sections.
3.1 Design Meetings
The scope of this task includes participation in three 2-hour project team coordination meetings
at the City's offices in Dent to discuss the status of our authorized tasks, project design
alternatives/options,and issues and constraints that may affect project planning and design activities.
3.2 Trust and Governments Meetings
The scope of this task includes participation in two 3-hour project meetings at the Trust's office
at the Western Processing site to discuss the status of the project with the Governments and the Trust
and review issues and constraints that may affect project planning and design activities.
3.3 Coordination
The scope of this task provides 40 hours of ongoing coordination and communications with the
City and Trust representatives, and participation in project conference calls. A level of effort in excess
of 40 hours would require a budget modification.
3.4 Project Management
The scope of this task provides 16 hours of internal project management, staff
scheduling/coordination, and invoice review activities.
1/19/U S\Slll doIMOII.P— C R11102014_72nd A—S Exi...ion f......1 to ck- LAN DAu Assoc lAl ES
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ESTIMATED BUDGET
We estimate that the cost to complete the gcotechnical report and provide environmental
engineering support, design engineering, and project coordination services will be approximately
$100,650. The estimated budget and scope of work are summarized in the attached budget table
(Table 1). We propose to provide our services on a time-and-expenses basis in accordance with our
attached 2015 Compensation Schedule.
Given the history and nature of the project, it should be understood that it is somewhat difficult
to anticipate the level of effort that might be required to complete certain scope tasks, and the scope of
certain tasks may need to be modified as project planning and design activities are further defined. In
the event that project requirements change or unexpected conditions are disclosed that appear to require
further field effort, study, or analysis, we will bring these to your attention and seek your written
approval for an addendum to the scope of services and costs prior to performing additional services.
AUTHOR1ZATIOA'
We anticipate that the City will develop a Consultant Services Agreement consistent with other
agreements between the City and Landau Associates to formalize our working relationship on this
project. Please let us know how we can assist you in that process.
A * * * * *
We appreciate the opportunity to continue to work with the City of Kent on this project, and
trust that this letter provides adequate information to support our requested scope and budget. Please
contact me at 425-775-0907 or email me at ckhnmel@landauine.com if you have any questions or need
any additional information from us at this time.
LANDAU ASSOCIATES, INC.
.-7
Christine B. Kimmel, L.G.
Associate
5;,.-W
Steven R. Wright, P.E.
Principal
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CBK/SZW/rgm
2014-0447
Attachments: Table 1 —Summary of Estimated Costs
2015 Compensation Schedule
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1 ANVAU
COMPENSATION SCHEDULE — 2015 A,,sc n IAII_S
Personnel Labor Hourly Kate
Senior Principal 245
Principal 221 !,
Senior Associate 201
Associate 191
Senior 162
Senior Project 147
Project 134 '.....
GIS Analyst 134
Setuor Staff/CAI)Designer 119
Staff/Senior'Iechnician II 105
CAD/GIS Technician 105
Project Coordinator 97
Assistant/Senior Technician I 92
Technician 77
Support Staff 66
Expert professional testimony in court, deposition, declaration, arbitration, or public testimony is charged at 1.5
times the hom ly rate.
Rates apply to all labor,including overtime. !,
Technical disciplines include: Biologist, Chemist, Engineer, Environmental Planner, Geochemist, Geologist,
Hydrogeologist Hydrologist,Risk Analyst, Scientist.
Equipment !,
Field, laboratory and office equipment used in the direct performance of authorized work is charged at unit
rates. A rate schedule will be provided on request.
Subcontractor Services and Other Expenses '..
Subcontractor billing and other project expenses incurred in the direct performance of authorized routine
services will normally be charged at a rate of cost plus a twelve percent(12%) handling charge. A higher
handling charge for technical sabconsultants and for high-risk field operations may be negotiated on an
individual project basis; similarly, a lower handling charge may be negotiated on projects requiring
disproportionalty high subconsultant involvement,
Invoices
Invoices for Landau Associates' services will be issued monthly. Interest of 1% percent per month(but not
exceeding the maximum rate allowable by law)will be payable on arty amounts not paid within 30 days.
Term
Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our
compensation rates over time(e.g.,long-term continuing projects).
11/15114 r Cnmpersatlon5cnedL1P.W5A LANDAU ASSOCIATES
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $3,000,000 each occurrence, $3,000,000 general
aggregate.
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than 35,000,000 per claim and $3,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
Wnsu INGTON
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: March 5, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 16, 2015
From: Ken Langholz, Engineering Supervisor
Through: Chad Bieren P.E., City Engineer
Subject: Design and Engineering for the 72"d Avenue South Improvements
Project - Consultant Services Agreement with Shearer Design LLC
Item - 5
Motion:
Move to recommend Council authorize the Mayor to sign a consultant
services agreement with Shearer Design LLC in an amount not to exceed
$82,161.00 for Design and Engineering Services for the 72"d Avenue S.
Improvement Project, subject to final terms and conditions acceptable to
the Public Works Director and City Attorney.
Summary: The Public Works Department was successful in obtaining a $1,182,420
grant from the Washington State Transportation Improvement Board (TIB) for the 72nd
Avenue Improvement Project in 2011. If action is not taken soon this grant will be in
jeopardy.
Currently 72nd Avenue South exists between South 180th and South 196th Streets and
between South 200th and South 228th Streets in the industrialized area of Kent. There is
a missing link between South 196th and South 200th Street that will be completed by
this project, including a new bridge across Mill Creek.
The proposal before the committee concerns structural engineering services required to
prepare plans and specifications for the bridge over Mill Creek. The goal would be to
continue the work required for permit applications for the projects. Permits will take the
better part of a year to process during which time the Regional Fire Authority's (RFA)
financial participation can be addressed and completed.
Exhibits: Consultant Services Agreement with Shearer Design LLC
Budget Impact: Costs for the bridge design will be paid out of project funds. The total
project cost is $2,800,000. RFA staff has indicated, they will recommend that the RFA
contributes a portion of the remainder as this bridge significantly improves their
response time to the northeast part of the Kent valley. We expect further discussions
on the overall funding proposal with the RFA Board and the City Council.
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KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Shearer Design LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of
Washington, located and doing business at 3613 Phinney Ave. N. #B, Seattle, WA 98103,
Phone: (206) 781-7830/Fax: (206) 281-1751, Contact: David Shearer (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide design and engineering services for the 72nd Ave.
Extension project. For a description, see the Consultant's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by December 31, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Eighty Two Thousand, One Hundred Sixty One Dollars ($82,161.00), for the
services described in this Agreement. This is the maximum amount to be paid
under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
64
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
65
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
66
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
67
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
David Shearer Timothy J. LaPorte, P.E.
Shearer Design LLC City of Kent
3613 Phinney Ave. N. #B 220 Fourth Avenue South
Seattle, WA 98103 Kent, WA 98032
(206) 781-7830 (telephone) (253) 856-5500 (telephone)
(206) 281-1751 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Shearer-72n°Extension 2/Lengholz
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
68
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
69
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
70
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
71
SHEARER DESIGN LLD.
SHEARER DESIGN Lie an noBridge Design, Construction Engineering and Infrastructure Aesthetics
3613 Phinney Ave N#B
Seattle,WA 98103
(206)781-7830
November 5, 2014
City of Kent Public Works
400 West Gowe
Kent WA, 98032
Subject: 72ntl Ave Extension
Attn: Ken Langholz.
Dear Ken:
We are happy to provide continued engineering services to the City of Kent for the 72ntl Ave extension
project. The following scope of services details the engineering for this project.
General. This contract shall encompass design and engineering as needed for the new vehicular
bridge and limited approach roadway on 72ntl Ave over Mill Creek. We have split the work into task as
described below,
Task 1 —Type Size& Location Study
Preliminary Layout & TS&L Study. After final review of the project topographic survey, geotechnical
and hydraulic information provided by the City, Shearer Design will complete the bridge selection
report started in 2013.
Under this task, we will prepare a TS&L (Type, Size, Location) study per the guidelines in Chapter 2 of
the "Washington State Bridge Design Manual." The report will describe the project, proposed
structures, cost estimates, other design alternatives considered and recommendations. The final report
will provide justification for the selection of the preferred alternative. We will examine both culvert and
short span bridge structures.
We will work with you and your staff to complete the report with any in-house information available and
provide our technical support in the following areas:
• Feasible alignments
• Feasible structure types
• Shallow foundations compatible with the contaminated soil &aquitard
• Identification of environmental and permit issues
• Review of geotechnical information
The body of the TS&L report will expand and address the following areas:
• Pros & Cons of each alternative
• Contaminated soil removal
• Ground water
• Maintenance issues, Preliminary project cost estimates
• Environmental issues ,Geometric constraints
• Plan and elevation drawings for the recommended structure
The final deliverables will be:
• Letter summary report
• Drawings suitable for permit applications
\\SHEAR ERSERVER\D-DriveWDM I N\Job Contracts\C-0223 72 Ave Extension\Contract Phase 2\0233 72nd Extension Scope
PS&E R1.docx
72
SHEARER DESIGN LLD.
SHEARER DESIGN Lie an noBridge Design, Construction Engineering and Infrastructure Aesthetics
3613 Phinney Ave N#B
Seattle,WA 98103
(206)781-7830
Task 2—Structural Design PS&E
30%& 60% Design. After the preferred alignment and type is accepted by the City, the following items
of work will be performed to bring the design to the 30% &60% design level:
• Prepare 30% & 60% level drawings showing bridge plan, elevation and typical section
views
• Prepare a 30% & 60% level engineer's construction cost estimate. This includes
calculating and compiling quantities and unit costs for the bridge bid items that correspond
to the bridge plans.
• Permit Assistance — Provide drawings and quantities related to the bridge as required for
environmental and building permits prepared by the City of Kent.
Deliverables:
• 30% & 60% Plans (11 'x17" PDF format)
• 30% & 60% Engineer's Construction Cost Estimate
Drawings and quantities for permits
90% Bridge Plans, Specifications and Estimate (PS&E). After the City has reviewed the 60% bridge
plans and estimate, the following items of work will be performed to bring the design to the 90% design
level:
• Incorporate the City's review comments
• Superstructure design calculations
• Substructure design calculations
• Update bridge plan, elevation and typical section views to the 90% level and develop plan
details for all necessary bridge components to the 90% level
• Update the engineer's construction cost estimate to the 90% level. This includes updating
quantities and unit prices, and adding or removing items as needed that correspond to the
bridge plans and specifications.
• Prepare draft special provisions for bridge items for use in developing the overall project
specifications
• Permit Assistance — Revise drawings and quantities as needed for environmental and
building permits prepared by the City of Kent
Deliverables:
• 90% Plans (11"x17" PDF format)
• 90% Engineer's Construction Cost Estimate
• 90% Bridge Special Provisions (MS Word format)
• Revised drawings and quantities for permits, as required
Final Bridge Plans, Specifications and Estimate (PS&E). After the City has reviewed the 90%
PS&E, the following items of work will be performed to finalize the PS&E documents for bid
advertisement:
• Incorporate 90% review comments
• Finalize design calculations
• Finalize the bridge plans
• Finalize the traffic control plans
• Finalize the engineer's construction cost estimate
• Finalize the special provisions for bridge items for use in developing the overall final
project specifications
\\SHEAR ERSERVER\D-DriveWDM I N\Job Contracts\C-0223 72 Ave Extension\Contract Phase 2\0233 72nd Extension Scope
PS&E R1.docx
73
SHEARER DESIGN LLD.
SHEARER DESIGN Lie an noBridge Design, Construction Engineering and Infrastructure Aesthetics
3613 Phinney Ave N#B
Seattle,WA 98103
(206)781-7830
Deliverables:
• Final Plans (11 'x17" PDF format)
• Final Engineer's Construction Cost Estimate (8.5"x11" PDF and MS Excel formats)
• Final Bridge Special Provisions (MS Word format)
All bridges and structures will be designed in conformance with the following:
• AASHTO LRFD Bridge Design Specifications, 61h Edition, with latest interim revisions
• WSDOT Bridge design manual current edition(BDM)
Task 4—Project Management
4.0 Project Management. Shearer Design will provide project management and administration
necessary to perform this scope of services, including the following:
• Provide monthly invoices
• Attend project meetings with the City
• Visit the project site
• Coordinate project activities with other project members, including the City staff and other
THE CITY consultants (e.g. geotechnical)
Deliverables Schedule
The following schedule assumes geotechnical information is finalized by December 15, 2014.
• TS&L Draft 1/15/15
• TS&L Final 2/1/15
• 30% design 4/1/15
• 60% design 6/15/15
• 90% design 8/1/15
• Final bid package 9/15/15
Items not included in this proposal
This proposal assumes the City of Kent will be responsible for preparation of the construction bid
documents "Division 1", assembly of the final bid documents and services required for award of the
project construction. Load rating of the bridge will occur with the construction support phase.
Areas to be provided by the City of Kent and their other consultants:
• Site topographic survey
• Wetland Delineations
• Geotechnical foundation report
• Utility design
• Hydraulic Analysis
• Permit Application
• Construction Services
Please see the enclosed spreadsheet for a summary of our estimated cost and hours for this project.
We look forward to working with you again on this exciting project. If you have any questions please
feel free to call.
Sincerely,
David R. Shearer S.E.
Principal
Bridge Engineer
SHEARER DESIGN
\\SHEAR ERSERVER\D-DriveWDM I N\Job Contracts\C-0223 72 Ave Extension\Contract Phase 2\0233 72nd Extension Scope
PS&E R1.docx
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78
EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $3,000,000 each occurrence, $3,000,000 general
aggregate.
79
EXHIBIT C (Continued)
3. Professional Liability insurance shall be written with limits no less
than 35,000,000 per claim and $3,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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81
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: February 17, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 16, 2015
From: Chad Bieren, P.E., City Engineer
Subject: Information Only/Transportation Impact Fee Rates
Item — 6
No Motion Required/Information Only
Summary:
Transportation Impact Fees ("TIF") were adopted by the City in August 2010. The
Public Works Director is required by KCC 12.14.060C. to annually adjust TIF rates by
the amount in the WSDOT Construction Cost Index. The WSDOT Construction Cost
Index ("Index") was chosen because it most closely approximates the work done
with TIF funds. The Index measures the unit bid prices of roadway excavation,
crushed surfacing, hot mix asphalt, Portland cement concrete pavement, structural
concrete, steel reinforcing bar, and structural steel for WSDOT's projects. The Index
is used by many jurisdictions to adjust TIF rates, but there are a few other indices
that other jurisdictions use. Because the Index has been volatile in recent years,
staff intends to research other indices and bring recommendations back to the PW
Committee.
Exhibit: None
Budget Impact: N/A
82
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83
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: March 12, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 16, 2015
From: Mark Howlett, P.E., Design Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/SE 256th Street Ribbon Cutting
Item - 7
No Motion Required/Information Only
Summary: Staff will provide information on the upcoming ribbon cutting for
the SE 256th Street project.
Exhibit: None
Budget Impact: N/A