HomeMy WebLinkAboutCity Council Committees - Operations Committee - 02/19/2008
Operations Committee Agenda
Councilmembers: Debbie Raplee*Les Thomas*Tim Clark, Chair
Unless otherwise noted, the Operations Committee meets at 4:00 p.m. on the 1st and 3rd
Tuesdays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South,
Kent, 98032-5895. Dates and times are subject to change. For information please contact
Renee Cameron at (253) 856-5770.
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.
February 19, 2008
4:00 p.m.
ItemDescription Action Speaker Time Page
1. Approval of minutes YES 1
dated February 5, 2008
2. Approval of vouchers dated YES Bob Nachlinger 05 Min.
February 15, 2008
3. New Police Headquarters YES Jeff Watling 05 Min. 5
4. Non-Union Employee - NO Ray Luevanos 15 Min.
Compensation Study Phase 2 Process
For Informational Purposes Only
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Parks, Recreation and Community Services
Jeff Watling, Director
Phone: 253-856-5007
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
February 14, 2008
TO: City Council Operation Committee
FROM: Jeff Watling, Director of Parks, Recreation and Community Services
THROUGH: John Hodgson, Chief Administrative Officer
SUBJECT: New Police Headquarters
MOTION: I move to request Council approve adding $50,000 to the
appropriate budget to fund existing facilities research and development,
and authorize the Mayor to enter into a contract with Ambia Architecture
to do an analysis of construction alternatives.
In 2007, we renewed the programming and space study for the Police Department.
Through that study it was determined that the Police Department needed about
70,000 square feet of space to accommodate their needs for the next 25 years.
With numerous other facility requirements needed to accommodate current growth
and the looming annexation, a team of City staff have been exploring other
construction alternatives to expand city facilities within the nearby adjacency of City
Hall, including purchase, lease, or option agreements for existing buildings.
Accordingly, I am requesting that Council add $50,000 to the appropriate budget to
fund existing facilities research and development, and that the Mayor be authorized
to enter into a contract with Ambia Architecture to do an analysis of construction
alternatives.
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CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Ambia Enduring Architecture
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Ambia Enduring Architecture organized under the laws of the State of Washington,
located and doing business at 108 First Avenue South, Suite 200, Seattle, Wa. 98104, David Thomas, 206-340-
1552 davidt@ambia-inc.com (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:
For the City of Kent Police Department provide an Existing Conditions Analysis, in accordance
with the proposal dated February 7, 2008, which is attached and incorporated as Exhibit A.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices 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. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I within 60 days.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty-
six thousand five hundred thirty-one dollars and twenty cents ($46,531.20) 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
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CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
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 and that 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.
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.
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.
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.
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CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
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.
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, 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.
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CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
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 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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT:
By:
(signature)
Print Name:
Its
(Title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
(Title)
DATE:
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CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
NOTICES TO BE SENT TO:
CONSULTANT:
David Thomas
Ambia -inc.
108 First Ave South, Suite 200
Seattle, Washington 98104
206-340-1552 (telephone)
206-340-0412 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Charles (Charlie) Lindsey, Superintendent of Facilities
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5081 (telephone)
(253) 856-6080 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ambiaanalysisoldkent elementary
11
EEO COMPLIANCE DOCUMENTS - 1
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.
Dated this day of , 200__.
By:___________________________________________________
For: __________________________________________________
Title: _________________________________________________
Date: _________________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
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.
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EEO COMPLIANCE DOCUMENTS - 3
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.
Dated this day of , 200___.
By:___________________________________________________
For: __________________________________________________
Title: _________________________________________________
Date: _________________________________________________
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EXHIBIT 'A'
City of Kent Police Department
Various Buildings Existing Conditions Analysis
Ambia Project Number: 27003
BASIC SERVICES
AMBIA AMBIA Roen MLA KPFF INVENTRIX INVENTRIX INVENTRIX INVENTRIX MCCONNELL
Arch Code Analysis Cost Structural Civil Mechanical-Prin Mechanical-Sen Electrical-Prin Electrical-Sen Haz Mat
Hourly Rate 150.00$ 120.00$ 135.00$ 125.00$ 150.00$ 150.00$ 120.00$ 150.00$ 120.00$ 110.00$
Scope of Work
N.I.C.
Review of Program & building docs 63 3
Site Visit / Document Review 6 10 9.5 6 6
Equipment / Systems Investigation 54
Assessment of feasibility 10 6 2 4 2 3
Review with Public Works 2
Non structural Code Analysis 24 3
Hazardous Materials Review
Tier 1 evaluation / Seismic (2 floors)60
Cost Estimating 24 4
Report generation 24 28 3 2 4 1 4
Meeting allowance 8 4 2 2
Total Hours 48 24 24 112 23.5 9 19 8 17
7,200.00$ 2,880.00$ 3,240.00$ 14,000.00$ 3,525.00$ 1,350.00$ 2,280.00$ 1,200.00$ 2,040.00$ -$
SUB-TOTAL FEES 37,715.00$
12% Markups and
handling on subs 3,316.20$
Ambia coordination /
management 2,000.00$
Additional Services:
Seismic Analysis NIC
Geotechnical NIC
Hazardous materials NIC
Survey NIC
Life Cycle Cost NIC
Testing 2,500.00$
Reimbursables 1,000.00$
TOTAL FEES 46,531.20$
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