HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 01/28/2019 (2)
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Public Works Administration at 253 -856-5500, or
email Cheryl Viseth at CViseth@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Wash ington Telecommunications Relay
Service at 7-1-1.
Public Works Committee
Agenda
Chair - Dennis Higgins
Brenda Fincher– Toni Troutner
Monday, January 28, 2019
4:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of January 7, 2019
Minutes
YES Chair 05 MIN.
5. Ordinance Repealing Ord. No.
4302 and Dedicating Public ROW
at Morrill Meadows Park
YES Tammy White 05 MIN.
6. Construction Agreement with
Polygon Northwest for 88th Ave -
Recommend
YES Chad Bieren 30 MIN.
7. Info Only/Goods & Services
Agreement with A Plus
Demolition & Excavation for
Recycling Events
NO Tony Donati 05 MIN.
8. Info Only/Mill Creek at 76th Ave
S Culvert Replacements and
Road Raising
NO Susanne Smith 10 MIN.
9. Info Only/S. 224th/228th Street
Corridor Financing
NO Aaron BeMiller & Tim
LaPorte
15 MIN.
10. Info Only/Quiet Zone Update NO Rob Brown 10 MIN.
11. Adjournment Chair 01 MIN.
Page 1 of 5
Pending Approval
Public Works Committee
CC PW Regular Meeting
Minutes
January 7, 2019
Date: January 7, 2019
Time: 4:00 p.m.
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
3. Changes to the Agenda
4. Approval of Minutes dated December 10, 2018
MOTION: Move to approve the Minutes dated December 10, 2018
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
5. Info Only/Transportation Master Plan (TMP) Non-Motorized - Update
Senior Transportation Planner, April Delchamps updated committee members
on the Transportation Master Plan (TMP) - Non-Motorized.
Council Chair Higgins asked that staff set a goal for the end of 2019 for
adoption of the Transportation Master Plan.
6. S.E. 248th Street Improvements Joint Utility Trench Agreements with
Century Link, and Comcast and MCI Communications, and Schedule
74 Underground Conversion Agreement with PSE - Authorize
Fincher moved to recommend Council authorize the Mayor to sign the Joint
Utility Trench Agreements with Puget Sound Energy, CenturyLink, Comcast
and Verizon Business for the SE 248th Street Improvements Project - 107th
Ave. SE to 110th Court SE, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
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Public Works Committee CC PW Regular Meeting
Minutes
January 7, 2019
Kent, Washington
Page 2 of 5
After the motion was read Ken Langholz stated the original motion would
need to be reconsidered to reflect the correct name for MCI Communications
which was listed as Verizon Business in the original motion.
Troutner moved to reconsider item 6 on the agenda to change the name
from Verizon Business to MCI Communications.
Seconder: Brenda Fincher
Ayes: Higgins, Fincher, Troutner
Troutner moved to rescind prior motion on item 6.
Seconder: Brenda Fincher
Ayes: Higgins, Fincher, Troutner
MOTION: Authorize the Mayor to sign the Schedule 74 Underground
Conversion Agreement with Puget Sound Energy, and the Joint Utility
Trench Agreements with, Century Link, Comcast, and MCI
Communications for the S.E. 248th Street Improvements Project -
107th Avenue S.E. to 110th Court S.E., subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/15/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
7. Motion
Move to recommend Council authorize the Mayor to sign the Joint
Utility Trench Agreements with Puget Sound Energy, CenturyLink,
Comcast and MCI Communications for the SE 248th Street
Improvements Project - 107th Ave. SE to 110th Court SE, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
RESULT: APPROVED [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
8. Goods and Services Agreement with Environmental Coalition of South
Seattle - Authorize
Conservation Coordinator, Tony Donati noted that the Environmental
Coalition of South Seattle Goods and Services Agreement aids in overseeing
the three popular city-wide recycling events, outreach to multi-family
complexes to help reduce waste and increase recycling in Kent.
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Public Works Committee CC PW Regular Meeting
Minutes
January 7, 2019
Kent, Washington
Page 3 of 5
MOTION: Authorize the Mayor to sign a Goods and Services
Agreement with Environmental Coalition of South Seattle, in an
amount not to exceed $125,000, for the 2019 - 2020 Recycling
Program, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/15/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
9. South 228th Street Corridor Washington State Transportation
Improvement Board Grant - Authorize
Design Engineering Supervisor, Mark Madfai noted the City applied for a
grant through the Transportation Improvement Board in August of 2018
for the South 228th Street Union Pacific Grade Separation project. The City
was notified of the grant award in November 2018. Due to recent policy
changes the TIB notified the City that we have been awarded a grant in the
amount of $3.5 million.
MOTION: Authorize the Mayor to sign the Washington State
Transportation Improvement Board Fuel Tax Grant Agreement and
any other necessary documents, amend the budget, and authorize
the expenditure of the funds in accordance with the grant terms and
conditions for the South 228th Street Union Pacific Grade Separation
Project in the amount of $3.5 million dollars, subject to final terms
and conditions acceptable to the City Attorney and Public Works
Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/15/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
10. Parking Ordinance Revisions - Recommend
Transportation Manager, Rob Brown noted that staff will hold off taking this
item to council until the new Police Parking Enforcement personell have been
hired. It is anticipated that this item got to Council sometime in February.
MOTION: Move to recommend Council approve amendments to the
Kent Parking Ordinance Chapter 9.38, establishing a Residential
Parking Zone in the Mill Creek Neighborhood.
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Public Works Committee CC PW Regular Meeting
Minutes
January 7, 2019
Kent, Washington
Page 4 of 5
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
11. Amendment to City of Covington Transmission Main Interlocal
Agreement - Authorize
Water System Manager, Sean Bauer noted that the purpose of this
Agreement Amendment is to extend the termination date of the current
agreement to December 31, 2020.
MOTION: Authorize the Mayor to sign an Amendment to the
Interlocal Agreement between the cities of Covington and Kent for
joint public works operations for Capital Improvement Project 1127
SE 272nd St (516) Improvements between Jenkins Creek and 185th
Place S.E., subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/15/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
12. Info Only/Kentridge Area Parking - Update
Committee members discussed whether staff should take down or leave the
signs that King County put up, when Kentridge was part of Unincorporated
King County. The old signs are not consistent; three different parking times
listed in three different neighborhoods each with their own King County
ordinance.
After some discussion committee members requested that Rob Brown bring
this item back to committee with a motion to remove and replace signs that
are consistent. Having consistency will make parking enforcement easier. All
of the existing are mounted on wooden posts and will also need to be
replaced in the next few years. Future replacement costs would be similar to
the cost of new signs.
13. Info Only Quiet Zone - Update
Deputy Director / City Engineer, Chad Bieren noted the following in regards
to the Quiet Zone:
* Staff are working on securing property rights to install pedestrian fences
along sections of the BNSF and UPRR railroad as identified in the Quiet Zone
Diagnostic.
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Public Works Committee CC PW Regular Meeting
Minutes
January 7, 2019
Kent, Washington
Page 5 of 5
* Staff are working with Washington State Department of Transportation on
comments for the UPRR Willis Street crossing.
14. Info Only/Dvorak Barn Relocation
Public Works Director, Tim LaPorte noted that pursuant to our existing
agreement with the King County Flood District. The city will be relocating the
Dvorak barn easterly onto existing property already owned by the Drainage
utility.
Funds for the barn relocation will come from the Drainage Utility. The overall
levee project will be over $50 million, the majority of which will come from
the King County Flood District and the State of Washington.
15. Adjournment 5:35 p.m.
Cheryl Viseth
Committee Secretary
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 28, 2019
TO: Public Works Committee
SUBJECT: Ordinance Repealing Ordinance No. 4302 and Dedicating
Public ROW at Morrill Meadows Park and SE 248th Street -
Recommend
MOTION: Move to recommend Council adopt an ordinance that repeals
Ordinance No. 4302 and the right of way dedications made therein;
dedicates through this new ordinance the south 12 feet of a portion of
Morrill Meadows Park that abuts SE 248th Street as right or way;
authorizes the Mayor to sign all documents necessary to finalize and define
the right of way dedication; and directs the City Clerk to record a copy of
the adopted ordinance.
SUMMARY: The Council previously adopted Ordinance No. 4302, which dedicated
the south 15 feet of Morrill Meadows Park as a right of way and utility access area.
This dedication ran the entire length of Morrill Meadows Park and included future
right of way and utility access needs. However, the scope of land involved in that
dedication would have triggered additional conversion and replacement property
requirements on prior grants the City acquired from the state Recreation and
Conservation Office (“RCO”).
To reduce current conversion obligations to RCO, staff worked with interested utility
providers to limit the right of way to the smallest area of land needed for current
development purposes. In order to revise the right of way dedication to this smaller
area, the proposed ordinance repeals Ordinance No. 4302 and redefines the right of
way dedication to include the south 12 feet of only that portion of Morrill Meadows
Park currently being developed, and leaving future right of way needs to be
addressed at a later time.
Although Ordinance No. 4302 directed the City Clerk to record a certified copy of
that ordinance, there was an error in the electronic process that resulted in the
ordinance not being recorded. Therefore, once the right of way area is dedicated
through Council’s adoption of this proposed ordinance, the City Clerk will then
record a certified copy with the King County Recorder’s Office.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
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Thriving City
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 5 - Exhibit A - Repeal Ord 4302 and Dedicate Right of Way-248th Street-
YMCA-Morrill Meadows (PDF)
2. 5 - Exhibit B - Map-Right of Way Dedication (PDF)
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 28, 2019
TO: Public Works Committee
SUBJECT: Construction Agreement with Polygon Northwest for 88th
Ave - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign the
Construction and Reimbursement Agreement with Polygon Northwest to
complete water and sanitary sewer improvements along 88th Avenue S for
The Ridge townhome development as part of the S. 224th Street
Improvements - Phase II project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: Polygon Northwest is constructing a residential development called
The Ridge along the 22300 block of 88th Avenue S. The city is simultaneously
completing the Local Improvement District #363 S. 224th Street Improvements –
Phase II project adjacent to and north of The Ridge. In order to complete its
development, Polygon requires water and sanitary sewer service to The Ridge.
Construction of these utilities was to have been completed in 2018; however,
Polygon’s contractor was not able to complete the work and meet the city’s
construction standards.
Due to the timing of the city’s project, Polygon and city staff members agreed that
it would be better to include the water and sanitary sewer improvements in the
city’s construction project rather than managing two contractors in the same work
zone. The attached agreement includes provisions for the city to construct the
water and sewer improvements on behalf of Polygon, with reimbursement for the
work by Polygon.
BUDGET IMPACT: None, work to be paid for by Polygon Northwest.
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 6 - Exhibit the Ridge including Exhbt A (PDF)
6
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CONSTRUCTION AND REIMBURSEMENT AGREEMENT
88th Avenue South Water and Sewer Construction
This construction and reimbursement agreement (“Agreement”) is between the
CITY OF KENT, a Washington municipal corporation (“City”), and WILLIAM LYON
HOMES, D/B/A/ POLYGON NORTHWEST (“Polygon”), [insert corporate info].
RECITALS
A. Polygon is constructing a residential development called The Ridge along the
22300 block of 88th Avenue S in Kent, Washington. The City is simultaneously
completing its Local Improvement District #363 – S. 224th Street Improvements
Phase II Project (“S. 224th St. Project) along 88th Avenue S., adjacent to and north
of The Ridge.
B. As part of The Ridge construction, Polygon is required to extend
improvements off-site for potable water (“water”) and sanitary sewer (“sewer”) to
meet the demands of its development. Polygon was granted a permit (#2173134)
by Kent on December 28, 2017 for construction of on-site and off-site civil
construction related to The Ridge. These improvements were to be completed by
autumn 2018 to accommodate The Ridge and Kent’s S. 224th St. Project.
C. Polygon’s contractor attempted to construct the sewer improvements in the
summer of 2018, but was not able to complete the work and meet the City’s
construction standards for an acceptable sewer system. Polygon’s contractor did
not attempt to construct the water line along 88th Avenue S. in 2018 due to its
failure to satisfactorily complete the sewer line.
D. Due to construction timelines for The Ridge and the S. 224th Street Project,
Polygon and its contractor do not have adequate time to reconstruct and complete
the water and sewer improvements in 88th Avenue S. without detrimental impact to
the schedules of both projects. The City has advertised for contractor bids the S.
224th St. Project and will construct the improvements in 2019. In order to meet
scheduled openings for both the S. 224th Street Project and The Ridge in 2019,
Polygon has requested that the City construct the off-site water and sewer
improvements on behalf of Polygon and Polygon agrees to reimburse the City for
the expense of doing so.
The parties therefore agree as follows.
6.a
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AGREEMENT
1. PROJECT DESIGN AND CONSTRUCTION
1.1 The City will design and construct the water and sewer improvements
along 88th Avenue S (“Project”) as shown in Exhibit A and will provide the necessary
engineering, administrative, inspection, clerical and other services necessary to
complete this work.
1.2 The City will be responsible for the removal of the previously installed
defective sewer line from ____ to ____. This removal will be included as part of the
S. 224th Street Project construction contract.
1.3 The City will be responsible for acceptance of the water and sewer
improvements and will be the sole owner of the improvements once they are
accepted as complete by the Kent City Council.
2. REIMBURSEMENT
2.1 The City will include separate pay schedules for the water and sewer
improvements in the S. 224th Street Project bid documents.
2.2 Project costs are estimated at $600,000.00 for sewer and
$300,000.00 for water; however Polygon shall reimburse the City for all final and
actual costs reasonably incurred by the City to complete the Project. The final and
actual costs will be based on final quantities of materials placed, as calculated by
the City via its on-site Construction Project Manager and may also include, but not
be limited to staff time for engineering and construction management and
consultant costs for quality control.
2.3 The City will provide Polygon with accurate and complete invoices
showing the final and actual Project costs. Polygon agrees to pay the City within 30
days of receiving an invoice from the City.
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3. WATER AND SEWER SERVICE. Water and sewer service is expected to be
available to Polygon by July 1, 2019.
4. TERM AND TERMINATION.
4.1 This Agreement shall remain in effect until the Project is completed
and Polygon has paid the City the actual and final Project costs.
4.2 Either party may terminate this Agreement by written notice to the
other party if the other party materially breaches any provision of this Agreement
and fails to cure such breach within thirty (30) days after its receipt of written
notice of breach. Any extra costs, expenses or damages incurred by the non-
defaulting party as a result of such termination shall be borne exclusively by the
defaulting party. The rights and remedies under this provision are in addition to
any other rights or remedies available to the non-defaulting party under contract or
applicable law. Termination will not relieve the defaulting party of any obligations
which arise out of work performed prior to the effective date of termination.
5. INDEMNIFICATION.
Polygon shall indemnify, defend, and hold the City, its officers, officials, boards,
commissions, agents, and employees, harmless from any action or claim for injury,
damage, loss, liability, cost or expense, including court and appeal costs and
reasonable attorneys' fees or reasonable expenses, arising from any casualty or
accident to person or property, including, without limitation, damages in any way
arising out of, or by reason of, any construction, excavation, operation,
maintenance, reconstruction, or any other act done under this Agreement, by or for
Polygon, its agents, or its employees, or by reason of any neglect or omission of
Polygon. Polygon shall consult and cooperate with the City while conducting its
defense of the City under this Agreement. Polygon shall not be obligated to
indemnify the City to the extent of the City’s negligence or willful misconduct.
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 Polygon and the City, its officers, officials, employees,
and volunteers, the Polygon’s liability hereunder shall be only to the extent of the
Polygon’s negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Polygon's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
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6. NOTICE.
All communications regarding this Agreement shall be sent to the parties at the
addresses specified in this Section 5. Any written notice shall become effective
upon delivery, but in any event three (3) calendar 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 Section.
To City: INSERT CONTACT
220 Fourth Avenue South
Kent, WA 98032
Phone: (253) 856-5500
Polygon: INSERT CONTACT
7. MISCELLANEOUS.
7.1 Compliance with Laws. The parties shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of
this Agreement.
7.2 Nonwaiver of Breach. The failure of a party to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any
option herein conferred in one or more instances, shall not be constructed to be a
waiver or relinquishment of those terms and rights and they shall remain in full
force and effect
7.3 Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between
the parties or between any party and the contractor under any of the provisions of
this Agreement, resolution of that dispute shall be available only through the
jurisdiction, venue and rules of the King County Superior Court, King County,
Washington.
7.4 Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240,
in any claim or lawsuit for damages arising from the parties’ performance of this
Agreement, each party shall be responsible for payment of its own legal costs and
attorney’s fees incurred in defending or bringing such claim or lawsuit; however,
nothing in this subsection shall limit a party’s right to indemnification under Section
5 of this Agreement.
7.5 Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be valid or binding unless in writing and executed
by both parties.
7.6 Severability. If any one or more sections, sub-sections, or sentences
of this Agreement are held to be unconstitutional or invalid, that decision shall not
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affect the validity of the remaining portion of this Agreement and the remainder
shall remain in full force and effect.
7.7 Relationship. It is understood and agreed that no agency,
employment, joint venture, co-employer or partnership is created by this
Agreement. No party shall (i) have the power or authority to act for another in any
manner to create obligations or debts which would be binding upon another, and;
(ii) be responsible for any obligation or expense whatsoever of another.
7.8 Force Majeure. A party will not be in breach of this Agreement if
unable to perform its respective obligations as a result of the occurrence of an
event of “force majeure,” which shall include, but not be limited to, acts of God,
acts of the government of the United States or of any state or political subdivision
thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes,
wind, storms, hurricanes, lightning or other similar catastrophes or other causes
beyond the parties’ reasonable control. The scope of events of force majeure shall
not extend to payment of money owed hereunder.
7.9 Entire Agreement. The written provisions and terms of this
Agreement, together with any attached Exhibits, supersede all prior verbal
statements by any representative of the City, and those statements shall not be
construed as forming a part of or altering in any manner this agreement. This
Agreement and any attached Exhibits contain the entire Agreement between the
parties. Should any language in any Exhibit to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
7.10 Binding Nature. The rights and responsibilities contained in this
Agreement shall inure to the benefit of and are binding upon the Parties and their
respective successors in interest and assigns.
7.12 Counterparts. The parties may sign this Agreement in several
counterparts, each of which will be deemed an original but all of which together will
constitute one instrument.
7.13 Effective date. This Agreement will become effective when all the
parties have signed it. The date this agreement is signed by the last party to sign it
will be deemed the date of this Agreement.
6.a
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Each party is signing this Agreement on the date stated opposite that party’s
signature.
CITY OF KENT POLYGON
By: By:
Dana Ralph [INSERT NAME]
Its: Mayor Its: {TITLE}
DATE: _________________________ DATE: _________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Kent Law Department Legal Counsel
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EXHIBIT A - page 1 of 6
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EXHIBIT A - page 2 of 6
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EXHIBIT A - page 3 of 6
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 28, 2019
TO: Public Works Committee
SUBJECT: Info Only/Goods & Services Agreement with A Plus
Demolition & Excavation for Recycling Events
SUMMARY: The City of Kent plans to enter into an agreement with A Plus
Demolition & Excavation to be the primary contractor for our three Recycling
Events in 2019. A Plus accepts and recycles all of the collected scrap metal,
appliances, electronics, mattresses, refrigerators, freezers, air conditioner units,
sinks, toilets, propane tanks, concrete, bulky yard debris, and cardboard.
A Plus was selected after comparing bids from three companies. A Plus has been
an excellent partner to work with over the last 10+ years. They have been
reliable, have all the equipment needed, and are very familiar with our set up
and procedures. The contract to work with A Plus for all three events in 2019
will not exceed $56,000.00.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 28, 2019
TO: Public Works Committee
SUBJECT: Info Only/Mill Creek at 76th Ave S Culvert Replacements and
Road Raising
SUMMARY: The Mill Creek at 76th Ave S culvert replacement project is A-7 in the
City of Kent Drainage Master Plan. This work consists of improving the Mill creek
channel, replacing insufficient culverts, habitat improvements, installing vegetation
and raising 76th Ave S above the flood plain. In 2018 the City received a State of
Washington Department of Commerce grant for $2 million dollars.
Consultant services are needed to facilitate culvert alternative analysis and
preliminary stream design necessary to prepare a type, size and location (TS&L)
report required for the Army Corps of Engineers Joint Aquatic Resource Permit
Application (JARPA). This TS&L will be included in the JARPA application for the Mill
Creek Reestablishment project.
The Consultant for this phase was selected by the design team assigned to the
project, a scope of work and fee of $61,400 was negotiated. The next phase of the
project involves detailed culvert design and the preparation of construction plans,
this will be presented to the Public Works Committee for action.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. 8 - Exhibit Otak - Mill Creek at 76th (PDF)
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Otak, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and
doing business at 11241 Willows Road NE, Suite 200, Redmond, WA 98052, Phone: (425) 822-4446,
Contact: Lori McFarland (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 preliminary design services of three culverts to replace
undersized culverts for the Mill Creek at 76th Ave. S. Flood Protection Improvements 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, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Sixty One Thousand, Four Hundred Dollars ($61,400.00), 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 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:
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
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.
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
negligent 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 duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
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 Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
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
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. 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.
/ /
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Lori McFarland
Otak, Inc.
11241 Willows Rd. NE, Suite 200
Redmond, WA 98052
(425) 822-4446 (telephone)
(425) 827-9577 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
Otak - Mill Creek at 76th/Smith
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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.
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.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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Otak
^ál
Attachment
City of Kenl
Mill Creek ol 7ófh Avenue S Flood Proleclion lmprovements
Phose I - Preliminory Design
Otak Project No. 33048
Scope of Services
The City of Kent requested a scope of work and fee proposal for the design of three culverts to replace
undersized culverts through a stretch of Mill Creek approximately 900 feet in length. Two culverts are under
driveways shared by businesses at 2201 1 76th Avenue S and 22203 76th Avenue S. The third culvert crosses 76th
Avenue S near the south property line of 22203 76th Avenue S.
The project is part of Project A-7 in the City of Kent Master Drainage Plan (September 2008). The project has
been broken into two segments with the work downstream of the culverts described as the Mill Creek Re-
establishment Project, and this project as the Mill Creek at 76th Avenue S Flood Protection lmprovements Project.
The creek re-establishment project is further along in development and ready to submit for permitting, but
regulatory agencies (specifically the US Army Corps of Engineers) will require sufficient information on both
projects to initiate their review.
The flood protection project will consist of replacing the three culverts, revisions to the creek alignment, cross
section and grade, and revisions to 76th Avenue S to raise the grade and increase the cross section to meet
complete streets requirements to the extent feasible. Otak's scope is limited to the culvert design and creek
revisions. Early planning work by the City has identified an approximate alignment for Mill Creek and sized the
culverts with a 1S-foot interior width, 6-foot height, and lengths of 60 to 80 feet for the first two, and 90 to 100 feet
for the third. Sizing will be confirmed as part of this scope of work.
Construction of the project is anticipated in 2020.
This scope of services is based on email and telephone correspondence with the City and a site visit on October
10, 2018. The project will be accomplished in three phases - Alternative Selection, Preliminary/Final Design and
Permitting, and Construction Support. This scope of work describes those activities within the Alternative
Selection phase to determine the type, size and location of the culvert replacement which will be used to apply
for permits in conjunction with the City's Mill Creek Re-establishment project.
Phose I -Alternolive Selection
Phase I will begin by gathering data, identifying project goals, and looking at alternatives to meet the goals. A
type, size and location report will be prepared and reviewed by the City. The City, with input from project
stakeholders, will determine which alternative to take through design development. Work up to this point is
described as Phase 1 throughout this Scope of Work. lt is anticipated that the following items of work will be
needed to accomplish Phase 1:
k:lproject\33000\33048\contractlmill creek culveñ replacement scope 2018_1219.docx
1124'l Willows Road NE, Suite 200 Redmond, WA 98052 ' Phone (425)822-4446 Fax (425)927-9522 otak.com
EXHIBIT A 8.a
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Mitt Creek at 76th Avenue S Flood Protection lmprovements Project - Preliminary Design
Page2
December21,2018
Data Collection
o Topographic surveying, boundary resolutions and basemap preparation - completed by the City
o Gather pertinent environmental data including delineation of ordinary high water and wetland boundaries
delineation and stream assessment and prepare Critical Areas Report - completed by the City
o Geotechnical investigations - by others through a separate contract with the City
o Cultural and historic resource assessment, if required - by others through a separate contract with the
CitY
o Gather information on existing utilities if available - to be performed by the City
ldentify, develop and analyze culvert alternatives
o ldentify alternatives for study
o Develop culvert alternatives to an approximate 2O-percent design level
o Analyze the impact utilities will have on each alternative - to be performed by City with support from Otak
o Preliminary hydraulic analysis to confirm culvert sizing
o Develop stream typical section
o Culvert type, size and location analysis, including constructability and cost estimates
o Submit alternatives analysis memorandum to City for review and selection of a preferred alternative,
including a draft and final report
o Provide information to the City as needed to submit a JARPA with sufficient detail for the US Army Corps
of Engineers review
Prepare scope and fee estimate for Phase 2 Preliminary/Final Design and Permitting for City review and
approval
Project Crileriq
The City will establish the project parameters and design criteria. Reports and plans shall be developed in
accordance with the latest edition and amendments as of the date of the Notice to Proceed, of the following
documents. Changes in any design standards or requirements after work has begun may result in Extra Work.
City of KenI (CiIy)
r Kent Design and Construction Standards Manual2009 and Standard Plans, including updated standards
. Kent 2017 Surface Water Design Manual
r Kent Drafting/CADD Standards
Woshingfon Sfqfe Deporfmenl of Tronspoiloit¡on flrySDOt)r Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal
Construction (M41-1 0) 201 I
. Standard Plans for Road, Bridge, and Municipal Construction (M21-01)
. Design Manual(DM) (M22-01)
. Highway Runoff Manual (HRM) (M 31-16)
r Hydraulics Manual(M 23-03)
I LocalAgency Guidelines (LAG) Manual
. Bridge Design Manual(BDM) (M23-50), June2017
r Geotechnical Design Manual, May 2015
r Construction Manual
. General Special Provisions
Americqn Assocíqfíon of Sfofe Hìghwoy qnd lronsporlolíon Offíciols (AASHTO)
. Load and Resistance Factor Design (LRFD) Bridge Design Specifications 7th Edition,2014 with the current
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Mill Creek at 76th Avenue S F/ood Protection lmprovements Project - Preliminary Design
Page 3
December2l,2018
lnterims
A Policy on Geometric Design of Highways and Streets, Sth Edition, 2004
UnÍIed Sfqfes Deporlmenl of Tronspor¡diion, Federol Híghwoy Admìnìstrorlíon (FHWA)¡ Manual of Uniform Trafflc Control Devices (MUTCD) as amended and approved by WSDOT
' Rockery Design and Construction Guidelines, November 2006 FHWA Publication No. FHWA-CFL/TD-06-006
Físh Pqssqge Design Requr'remenfs:
' Washington Department of Fish and Wildlife (WDFW), Water Crossing Design Guidelines 2013
Oiher Publícqlions or Req uíremenfs:. King County Surface Water Design Manual 2016r Wash¡ngton Department of Fish and Wildlife (WDFW), Water Crossing Design Guidelines 2013
' American Public Works Association (APWA) General Special Provisions. U.S. Army Corps of Engineers and Ecology Mitigation Plan Guidance
Projecl Schedule
The preliminary project schedule will be developed upon notice to proceed for the project and updated as
changes occur. The anticipated major milestones are:
Notice to Proceed - January 7,2019
Site Boundary and Topographic Surveys and Base Map Preparation (by City) - at NTP
CriticalAreas Review (by City) - at NTP
Preliminary Geotechnical Report (by others) - end of January 2019
Task 2 - Stream Simulation Technical Memorandum - end of January 2019
Task 3 -Design Alternatives - February 8, 2019
Task 3 - Type, Size and Location memo -draft March 8, 20,19, final March 22,2019
Task 3 - JARPA input - March 22,2019
The anticipated duration of the reviews by the City, WDFW, Ecology, and the Corps of Engineers will be provided
in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the City or Otak,
may be the basis for adjustments in the project budget.
lfems ond Servíces fo Be Furnl'shed by lhe CiIy
The City will provide the following items and services to Otak that will facilitate the engineering design and
preparation of the construction documents for work within the limits of the project. Otak is entitled to rely on the
accuracy and completeness of this and other data furnished and represented by the City and others, including but
not limited to, survey and traffic data.
' Available as-built drawings and information on other projects in the immediate vicinity.¡ CADD standards and City Standard Design Details.
' Site boundary and topographic survey including utilities critical area boundaries and existing ground surface.
' Utility coordination including temporary service during construction and permanent utility plans.
' Right-of-way plan prepared by licensed City surveyor, based on proposed project needs determined by City
with input from Otak.
' Rights-of-entry upon all lands necessary for the performance of the work, including official notices to property
owners and agencies.
' Timely reviews of Otak submittals at the mutually agreed upon times set forth in the project schedule and the
consolidation of all review comments by others onto one review set prior to return to Otak.
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Mitt Creek at 76th Avenue S F/ood Protection lmprovements Project - Preliminary Design
Page 4
December 21, 201 I
Payment of all application reviews and/or permit fees.
Compilation, reproduction, and distribution of Bid Documents to potential bidders and interested parties.
Preliminary roadway design (alignment, profile and finish ground surface)
Geotechnical scope of work
Preliminary geotechnical information, including responses to review comments
TASK I; PROJECT MANAGEMENÏ
The objective of this task is to ensure effective and efficient communication between Otak and City project team
members, submittal and payment of invoices in a timely manner, proactively anticipating and resolving problems
and ensuring quality products that meet the project's goals and objectives.
Assumptions:
r Otak will develop Project Kickoff meeting agenda and materials, provide hardcopies of all materials and a
meeting summary including a record of all decisions. Kickoff meeting will be held at the City of Kent.
¡ Otak Project Manager will participate in a bi-weekly project meeting in person or via telephone conference.
. Project Management hours cover the first phase of work assuming four months duration.
Deliverables:
. Monthly invoices, project status report, schedule and updates as needed in Microsoft Project
. Kickoff Meeting Agenda and materials for all attendees
I Notes summarizing the Kickoff Meeting
. Email summary of bi-weekly meetings with City Project Manager
IASK 2: DATA COIIECIION
2.1 Review Doto, Site Visits
Otak will be given the opportunity to comment on the geotechnical scope of work related to culvert design, prior to
completion of that scope to verify consistency in design standards and locations of subsurface explorations; to
request additional survey if needed; and to request potholing locations.
Otak will review information prepared by others, including topographic survey and boundary mapping, critical
areas assessments, geotechnical information, cultural and historic resources assessment, and utility mapping.
Otak will conduct site visits as needed to familiarize the design team with existing conditions, including
preparation of a photo log. Otak will also conduct a site visit to identify baseline bankfull stream width for use in
the Stream Simulation culvert sizing method in accordance with Washington Department of Fish and Wildlife
WDFW) Water Crossing Design Guidelines.
Assumptions:
' Topographic survey and boundary mapping will be provided in AutoCAD.
r The City of Kent (City) will obtain all rights-of-entry from private property owners to conduct fieldwork for the
project.
Deliverables:. Photo log
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Page 5
Mill Creek at 76th Avenue S Flood Protection lmprovements Project - Preliminary Design December 21, 2018
Stream simulation method computations technical memorandum, draft and final
Review comments for information provided by others
IASK 3: IDENIIFY, DEVELOP, AND ANALYZE ALIERNAI.VES
3.1 ldentity ond Develop Hydroulic Allernotives lo 2O-percent Design level
The primary driver of the project is to reduce or eliminate flooding. lt is our understanding that the culverts at the
three locations are undersized to pass stream flows during high intensity storm events, and therefore culvert
replacements are proposed. The design will also need to be fish passable during low through high flows so that it
will be able to qualify for permit approval from other agencies. ln this task, alternatives for the culvert replacement
will be developed in accordance with Washington Department of Fish and Wildlife (WDFW)Water Crossing Design
Guidelines. Alternatives for the culverts and channel through the culverts will be identified to consider the streamflow
depths and velocities to provide fish passage plus streambed materials that resist scour. Alternatives will be
considered based on previous studies, field survey, site reconnaissance, Otak's engineering and environmental
judgement, and the City's involvement. All alternatives will assume that the structures will be built to long-term
roadway and driveway width as recommended by the City.
Up to three alternatives will be identified for subsequent analysis (Task 3.3) and presented to the City for
consideration. Until the City has approved the three alternatives, no further work will be advanced.
The hydraulic alternatives will be developed to an approximately 20-percent design level. This will include
horizontal alignment, cross-section, footprint layout, and vertical alignment of culvert replacements and roadway
and driveway improvements/restoration.
3.2 Preliminory Hydroulic Anolyses
The purpose of this subtask is to approximate the water surface elevations through the culverts and channels for
the purposes of illustrating those on the permit drawings.
To perform this subtask, Otak shall:
' Compile available data and previous hydrologic and hydraulic studies on the creek, including the effective
(and preliminary) Flood lnsurance Rate Maps, and the 2008 City of Kent Drainage Master Plan.I Review the hydrologic analysis performed in the 2008 City of Kent Drainage Master Plan, compare that to the
peak discharges used in the effective Flood lnsurance Study, and provide recommendations for flow rates to
use in the hydraulic analysis.I Use the recommended flow rates to estimate the depth of water in the culverts based on standard charts for
the size and shape of the culvert.- Use the Manning's equation to estimate the velocities for the recommended flow rates and use those
velocities to recommend materials for the streambed and streambanks in the ditches and in the culverts
Assumptions:
r The restored channel will have a top width comparable to the bankfull width and a low flow channel to provide
a minimum of 0.5 feet of depth at low summer flows.¡ Hydraulic analysis will be performed on the minimum culvert width to evaluate maximum velocities and depths
at the 2-, 25-, and 1OO-year peak discharges assuming steady state conditions.
Deliverables:
' The hydraulic analysis will be presented as a section in the Type, Size, and Location (TS&L) report (Section
34)
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Mill Creek at 76th Avenue S F/ood Protection lmprovements Project - Preliminary Design
Page 6
December2l,2018
Water surface elevations and recommended materials for streambed and streambanks will be shown on the
permit drawings (Section 3.5)
3.3 Slruclurol Anolysis
Work for these structures will include:
1. Coordination - in order to determine the culverUbridge and wall geometry, appropriate structure replacement
type and/or repair scenario, and structure foundation requirements, structural staff will coordinate with other
engineering disciplines.
a. Stream geometry - review stream simulation technical memorandum and discuss with hydraulics
engineers. Topics may include stream alignment and profile, stream width and bank grading, culvert
embedment depth and scour analysis.
b. Geotechnical coordination - review preliminary geotechnical information and recommendations and
discuss with geotechnical subconsultant. Topics may include initial site investigation findings, external
structure stability, existing wall internal stability, bearing capacity, potential long{erm settlement
issues, overexcavation of unsuitable foundation materials, shoring and temporary slope options, soil
parameters for wall and culverVbridge design, wall and structure loading, wall repair and replacement
options, culvert/bridge type options and foundation type options.
c. Roadway and traffic coordination - review preliminary roadway and traffic information and
recommendations with the City's civiland traffic engineers. Topics may include traffic and pedestrian
phasing and/or detours, roadway width, sidewalk width, roadway side slopes and grading, ADT and
percent truck traffic.
2. Preliminary structural analysis and design
a. Develop culvert/bridge structure type options
b. Develop foundation type options
c. Develop preliminary sketches and costs of each option
3. Type, Size, Location (TS&L) Memorandum - Prepare and submit a draft report summarizing hydraulic,
geotechnical, utility, roadway and traffic requirements; structural wall if any, and culverUbridge options; and
recommended options for moving forward with design. Review and respond to City comments on the draft
report and incorporate the City's selection into the final report.
Assumptions:
¡ Two culvert options will be considered at each of the three locations.
r A bridge option will be considered at the roadway crossing only.
. Preliminary hydraulic, geotechnical, roadway and traffic recommendations, including revisions, if any, based
on review in Task 2.'1, will be available a minimum of 3 weeks prior to development of the draft TS&L report.
Deliverables:r TS&L Memorandum, draft and final
3.4 JARPA Input
Otak will develop JARPA exhibits for the culverts and stream for the selected culvert and stream alternative. The
plans will be completed for the three culverts/bridge and channel restoration elements to a level of completeness
appropriate for inclusion in a JARPA. Detail for the structural sheets will include culvert/bridge and wall plan,
elevation and typical section geometry. Conceptual staging will be illustrated. The plans will include plan, profile
and section of proposed channel restoration; and plan view of wetland and stream impacts. The plans will be
prepared in compliance with the City's drafting standards using an 8-112x11 inch title block for the JARPA
submittal.
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Mill Creek at 76th Avenue S F/ood Protection Improvements Project - Pretiminary Design
PageT
December2l,2018
The estimated sheet list is as follows:
Assumptions:
I Major revisions to the design may be required based on input by other stakeholders, e.g. permitting agencies
or landowners. Revisions will be made as part of the next phase of work.
Deliverables.
' JARPA-level plan, profile and details for the culverVbridge and channel will be formatted to a standard City
title block and to JARPA standards
Temporary Stream Diversion Plan 4
Stream Diversion TESC Details 2
Culvert Plan and Profile 6
Culvert Sections and Details 3
Culvert Conceptual Staging 3
Channel Plan and Profile 4
Channel Sections and Details 2
Channel Restoration Plan (Double Window)2
Channel Restoration Planting Legend and Details 2
Totals 28
8-1l2x1l Sheet
QuantitySheet Name
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City of Kent Míll Creek at 76th Ave S Flood Protection lmprovements - Phase I - Preliminary Design
Fee Estimate
Otak, Inc., Project 33048
52
$107.05 9179.22
's6,66?
$8{.42 $:82.1X $78.87 .$84,91
Attachment A
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Minimum Maximum
PIC/Sr. PM Architecture $228.75 $249.80
Sr. PM - Architecture $183.00 $224.18
Project Manager- Design $115.90 $128.10
Architect VI $164.70 $177.07
Architect V $140.30 $163.33
Architect IV $129.05 $139.29
Architect III $103.70 $118.49
Architect II $97.60 $102.48
Architect I $91.50 $96.08
Architectural Technician V $103.70 $121.12
Architectural Technician IV $88.45 $103.15
Architectural Technician III $80.83 $87.75
Architectural Technician II $72.44 $80.06
Architectural Technician I $61.00 $72.38
Sr. Interior Designer $115.90 $122.00
Interior Designer $94.55 $103.70
3D/Visualization Specialist II $100.65 $106.75
3D/Visualization Specialist I $85.40 $97.60
Sr. PIC/Sr. PM Civil $213.50 $244.00
PIC/Sr. Project Manager Civil $198.25 $210.45
Civil Engineer X $183.76 $195.20
Civil Engineer IX $170.80 $183.00
Civil Engineer VIII $154.03 $167.75
Civil Engineer VII $141.83 $153.97
Civil Engineer VI $134.96 $141.06
Civil Engineer V $124.64 $134.20
Civil Engineer IV $115.84 $123.17
Civil Engineer III $97.60 $109.80
Civil Engineer II $85.40 $96.68
Civil Engineer I $78.54 $82.46
Engineering Designer VI $128.10 $137.25
Engineering Designer V $108.28 $127.95
Engineering Designer IV $93.03 $107.76
Engineering Designer III $85.03 $92.87
Engineering Designer II $74.73 $82.35
Engineering Designer I $69.66 $73.91
2018 Billing Rates
Otak, Inc.
Classification Billing Rate
1/2/2019
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Minimum Maximum
2018 Billing Rates
Otak, Inc.
Classification Billing Rate
Engineering Technician VI $109.50 $118.95
Engineering Technician V $89.82 $109.21
Engineering Technician IV $80.64 $89.67
Engineering Technician III $76.25 $80.06
Engineering Technician II $65.58 $72.90
Engineering Technician I $56.43 $64.05
PIC/Sr. CM $210.45 $237.90
Construction Manager IV $148.11 $167.75
Construction Manager IIII $137.86 $147.93
Construction Manager II $127.49 $137.25
Construction Manager I $106.75 $122.00
CM Documentation Specialist III $106.75 $122.00
CM Documentation Specialist II $97.60 $105.99
CM Documentation Specialist I $83.57 $94.55
Field Representative VII $146.40 $158.60
Field Representative VI $134.20 $145.79
Field Representative V $117.43 $131.15
Field Representative IV $105.23 $115.90
Field Representative III $92.42 $103.70
Field Representative II $82.05 $88.45
Field Representative I $67.10 $76.25
Sr. PIC/Sr. PM LA/Master Planner $179.95 $219.60
PIC/Sr. PM LA/Master Planner $173.85 $204.35
Landscape Architect VI $134.66 $144.57
Landscape Architect V $114.38 $126.58
Landscape Architect IV $104.10 $118.95
Landscape Architect III $95.31 $109.80
Landscape Architect II $88.45 $96.99
Landscape Architect I $82.35 $88.15
Landscape Technician III $91.50 $103.70
Landscape Technician II $76.25 $91.50
Landscape Technician I $61.00 $73.20
Urban Designer V $149.45 $173.09
Urban Designer IV $132.68 $149.04
Urban Designer III $117.43 $131.15
1/2/2019
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Minimum Maximum
2018 Billing Rates
Otak, Inc.
Classification Billing Rate
Urban Designer II $104.46 $115.90
Urban Designer I $91.50 $103.70
Graphics Specialist $83.78 $92.39
PIC/Sr. PM Planner $219.60 $231.80
Sr. PM - Planner II $167.75 $189.40
Sr. PM - Planner I $142.98 $166.53
Planner III $124.65 $136.11
Planner II $87.99 $117.43
Planner I $80.64 $94.55
Planner Associate IV $104.16 $109.80
Planner Associate III $88.45 $94.55
Planner Associate II $75.64 $85.40
Planner Associate I $61.58 $68.17
Sr. GIS Specialist Planner $90.62 $95.15
GIS Specialist Planner $82.35 $88.45
Planning/GIS Intern $69.54 $73.20
PIC/Scientist $201.30 $213.50
Scientist VI $161.65 $189.10
Scientist V $146.40 $158.60
Scientist IV $128.10 $143.42
Scientist III $115.90 $127.79
Scientist II $70.15 $88.45
Scientist I $63.44 $66.61
Environmental Specialist $115.14 $118.95
Water Resource Analyst $184.53 $193.75
PIC/PLS - Sr. Manager $198.25 $215.56
Professional Land Surveyor IV $145.94 $157.05
Professional Land Surveyor III $128.10 $143.35
Professional Land Surveyor II $102.63 $125.05
Professional Land Surveyor I $86.56 $118.95
Survey Crew Chief III $97.60 $116.89
Survey Crew Chief II $80.52 $97.04
Survey Crew Chief I $67.10 $78.46
Survey Office Technician III $89.21 $103.70
1/2/2019
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2018 Billing Rates
Otak, Inc.
Classification Billing Rate
Survey Office Technician II $77.78 $88.45
Survey Office Technician I $64.05 $77.26
Survey Field Technician III $68.63 $76.25
Survey Field Technician II $61.00 $68.11
Survey Field Technician I $54.90 $61.00
Contract Administrator $82.35 $109.80
Project Coordinator $91.50 $109.80
Project Administrative Assistant $67.10 $82.35
Graphics Specialist $100.65 $109.80
Note:
All travel will be billed per W SDOT Travel Regulations;
All sub-consultant costs and direct reimbursables will be at cost with no mark-ups; and
Maximum rates include 5% escalation
1/2/2019
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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 $2,000,000 each occurrence, $2,000,000 general
aggregate.
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than 1,000,000 per claim.
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.
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 COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 28, 2019
TO: Public Works Committee
SUBJECT: Info Only/S. 224th/228th Street Corridor Financing
SUMMARY: The Finance Director and Public Works Director shall provide the
Committee with a report on financing recommendations for the S. 224th/228th
St. Corridor Project.
The South 224th/228th Street Corridor project consists of a grade separation at
the Union Pacific crossing, improvements along S 228th between 68th Ave S and
76th Ave S, and 88th Ave S and S 218th St from S 222nd St to 94th Pl S. These
corridor improvements are critical to meeting commitments made in the mid
80’s to provide an east/west corridor. The project builds on the success of
completed projects (Veteran’s Drive, Burlington Northern Santa Fe Grade
Separation, and South 224th Street Phase 1) and connects our businesses and
residents to the growth areas on Kent West Hill and transportation corridors.
BUDGET IMPACT: There is a significant budget impact to the affected fund the
Council chooses to use to complete the funding necessary. It is presumed that
this will be the B & O fund.
1/18/2019
S. 228TH/224TH ST. CORRIDOR FUNDING
$ are in Millions
PROJECT
FUNDING UPRR GRADE S. 224TH ST.
SOURCE SEPARATION PHASE 2 TOTAL
FEDERAL $6.4 $6.4
STATE (TIB) $3.5 $5.0 $8.5
STATE (Connect WA) $15.0 $15.0
UPRR/BNSF RR $1.2 $1.2
PORT OF SEATTLE $0.6 $0.6
TIF/PROJ TRANSFER $3.5 $3.5
UTILITIES (OUTSIDE) $0.6 $0.2 $0.8
CITY/CITY UTILITY $7.7 $5.0 $12.7
TOTAL FUNDING $35.0 $13.7 $48.7
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PROJECT COST $40.4 $14.9 $55.3
Balance to Complete $5.4 $1.2 $6.6
UPRR Grade Separation does not include costs for 228th St Bike Lane funded by a separate
grant and project number.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 28, 2019
TO: Public Works Committee
SUBJECT: Info Only/Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zones to include
future activities and schedule ranges.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
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