HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/04/2019 (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 Washington Telecommunications Relay
Service at 7-1-1.
Public Works Committee
Agenda
Chair - Dennis Higgins
Brenda Fincher– Toni Troutner
Monday, March 4, 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 February 25, 2019
Minutes
YES Chair 05 MIN.
5. Information Only/Rapid Ride I -
Update
NO April Delchamps 15 MIN.
6. Consultant Agreement with
AECOM for Upper Mill Creek Dam
Construction Support
YES Stephen Lincoln 05 MIN.
7. Consultant Services Agreement
with JECB for Upper Mill Creek
Dam - Recommend
YES Phil McConnell 10 MIN.
8. Kentridge Parking Restrictions -
Recommend
YES Rob Brown 20 MIN.
9. Info Only/4th Ave. and Willis St
Roundabout - PSE Design
Agreement for Schedule 74 Ut
Relocation
NO Thomas Leyrer 05 MIN.
10. Information Only/Quiet Zone -
Update
NO Rob Brown 05 MIN.
11. Adjournment Chair 01 MIN.
Page 1 of 8
Pending Approval
Public Works Committee
CC PW Special Meeting Minutes
February 25, 2019
Date: February 25, 2019
Time: 4:00 p.m.
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:29 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Excused
3. Changes to the Agenda
No changes to the agenda.
4. Approval of Minutes dated February 4, 2019
MOTION: Move to approve the Minutes dated February 4, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
5. Ordinance Amending Kent City Code Chapter 6.01, Establishing
Apprenticeship Utilization Requirements - Adopt
Assistant City Attorney, Christina Schuck, noted that the City of Kent
recognizes a well-trained construction work force is vitally important to the
economic and social vitality of the region. As journey level construction
workers retire, a new generation of skilled construction workers must replace
them. A shortage of these skilled workers limits the region’s ability to expand
the economy and could also decrease competition for City construction
projects, thereby increasing bid prices.
Schuck went on to state that this ordinance requires that 15% of the total
labor hours on public works projects with an estimated construction cost
greater than $1,000,000.00 (one million dollars) be performed by
apprentices enrolled in a state-approved apprenticeship program. Because
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Public Works Committee CC PW Special Meeting
Minutes
February 25, 2019
Kent, Washington
Page 2 of 8
this program will affect multiple departments in the City, it will be
administered by the Chief Administrative Officer. The apprenticeship
requirements may be waived under certain circumstances, for example, if
there are an insufficient number of apprentices available or if the project
involves a high proportion of equipment or materials costs compared to labor
hours. The ordinance also includes penalties for noncompliance - $10.00 for
each apprenticeship hour that is not met.
MOTION: Adopt Ordinance No. , adding a new section to
chapter 6.01 of the Kent City Code, establishing apprenticeship
utilization requirements for public works contracts of $1 million
dollars or more.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
6. Info Only - Establishing Design Standards for Small Cells on City-
Owned Infrastructure
Assistant City Attorney, Christina Schuck noted that the Federal
Communications Commission (FCC) recently issued an order regarding the
deployment of small cell facilities. The FCC Order went into effect on January
14, 2019 and significantly limits local control over these types of
deployments and requires the City to act on applications to deploy small cells
or small wireless facilities within compressed time lines. The City Council
acted on January 15, 2019 to establish a specific franchise application
process for small cell facilities installed in the right-of-way.
City staff is seeking input from the Committee to help draft design standards
for small cells on city-owned infrastructure that comply with the FCC Order
and address the associated safety and aesthetic concerns these facilities
raise.
It was noted that both Higgins and Fincher would like to have cell equipment
inside the poles similar to the City of Denver Colorado, or if not feasible at
the top of the poles. They would also like to see the poles fit into the
surrounding area as much as possible.
This item will come back to the Public Works Committee on March 18, and to
Council on April 16, 2019 for a public hearing and approval by Council.
7. Info Only - LID 363: S. 224th St. Improvements, 84th Ave. S. to 88th
Ave. S. – Project Update
Capital Projects Manager, Jason Bryant noted that Phase 1 of the S 224th St
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Public Works Committee CC PW Special Meeting
Minutes
February 25, 2019
Kent, Washington
Page 3 of 8
Improvements project is progressing, it’s on schedule and the concrete
bridge deck has been poured. Bryant went on to share progress that has
been made since the last update in July 2, 2018
8. Consultant Services Agreement with JECB LLC, for Materials Testing
for the South 224th Street Improvements Project 88th Avenue South
to 94th Place - Authorize
Capital Projects Manager, Jason Bryant noted that this contract will provide
material/compaction testing, special inspections, rebar inspections, concrete
testing and quality control for the duration of the South 224th Street
Improvements (88th Ave S to 94th PL) project.
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with JECB LLC, to provide material testing services for the
South 224th Street Improvements (88th Avenue South to 94th Place)
Project in an amount not to exceed $130,515, subject to final terms
and conditions acceptable to the City Attorney and Public Works
Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
9. Release of Water Main Easement for Clark Springs Transmission Main
- Authorize
Engineering Supervisor, Joseph Araucto noted that City of Maple Valley
permits for a housing development known as Elk Run Phases 2 and 3,
required relocation of Kent’s Clark Springs water transmission main, water
main relocation will move the utility out of a wetland buffer and away from
new housing lots.
New easements encompassing the new alignment are recorded under King
County instrument numbers 20180802000060 and 20180802000061. The
current proposal is to terminate old easements that have been rendered
unnecessary following construction of the new water main.
MOTION: Move to terminate the watermain easement under King
County Auditor’s file number 4831724 and partially terminate water
main easements under King County Auditor’s file numbers 4831715,
4831731 and 5810436 through Elk Run Division 8 tracts, and
authorize the Mayor to sign all necessary documents, subject to final
terms and conditions acceptable to the City Attorney and Public
Works Director.
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Public Works Committee CC PW Special Meeting
Minutes
February 25, 2019
Kent, Washington
Page 4 of 8
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
10. Washington Utilities and Transportation Commission Grant for
Pedestrian Safety Fencing at Burlington Northern Santa Fe Railroad -
Authorize
Engineer III, Dan Hansen noted that the Washington Utilities and
Transportation Commission has offered Kent a grant in the amount of
$10,000.00 to construct approximately 250 feet of chain link fencing, east of
the Burlington Northern Santa Fe Railway (BNSF) just north of East James
Street. The fencing is being constructed to deter pedestrian trespass across
BNSF right-of-way. This fencing is a component of the City’s larger project to
establish a railroad Quiet Zone through Downtown Kent.
MOTION: Authorize the Mayor to accept grant funds from the
Washington Utilities and Transportation Commission for pedestrian
safety fencing at the Burlington Northern Santa Fe rail crossing in
the amount of $10,000, authorize the expenditure of the grant funds
accordingly and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
RESULT: APPROVED [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
11. Washington Utilities and Transportation Commission Grant for
Pedestrian Safety Fencing at Union Pacific Railroad - Authorize
Engineer III, Dan Hansen noted that the Washington Utilities and
Transportation Commission has offered Kent a grant in the amount of
$10,000.00 to construct approximately 300 feet of chain link fencing on both
sides of the Union Pacific Railroad (UPRR) immediately south of West Willis
Street (SR 516). Fencing will be constructed to deter pedestrian trespassing
across Union Pacific right-of-way. This fencing is a component of the City’s
larger project to establish a railroad Quiet Zone through Downtown Kent.
MOTION: Authorize the Mayor to accept grant funds from the
Washington Utilities and Transportation Commission for pedestrian
safety fencing at the Union Pacific Rail Crossing in the amount of
$10,000, authorize the expenditure of the grant funds accordingly
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Public Works Committee CC PW Special Meeting
Minutes
February 25, 2019
Kent, Washington
Page 5 of 8
and authorize the Mayor to sign all necessary documents, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
RESULT: APPROVED [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
12. Condemnation Ordinance for Railroad Quiet Zone Trespass
Prevention Fencing - Adopt
Engineer III, Dan Hansen noted that the condemnation ordinance before the
committee authorizes the condemnation of property rights necessary to
construct trespass prevention fencing for the Quiet Zone project.
Hansen noted that staff is working to acquire all property rights necessary
through direct negotiations with owners, and that litigated condemnation
proceedings would be a last resort.
MOTION: Adopt Ordinance No. , that authorizes the
condemnation of property rights necessary to construct trespass
prevention fencing for the Quiet Zone project.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
13. Purchase of Clark Springs Parcel - Authorize
Property Acquisition Analyst, Cheryl Rolcik-Wilcox noted that the City has
been working with King County to purchase a parcel located within the Clark
Springs water shed. The parcel is a 30-foot-wide abandoned right of way,
currently owned by King County. This purchase will complete city ownership
of the northern portion of the Clark Springs watershed.
MOTION: Authorize the Mayor to sign all documents necessary to
purchase a parcel of land (APN 2622069017) located at the Clark
Springs water supply site from King County, in an amount not to
exceed $2,012, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
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Public Works Committee CC PW Special Meeting
Minutes
February 25, 2019
Kent, Washington
Page 6 of 8
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
14. Little Property Parcel Purchase - Authorize
Property Acquisition Analyst, Cheryl Rolcik-Wilcox noted that the City has
been working with King County to purchase a parcel adjacent to City-owned
property known as the ‘Little Property’.
The Mill Creek Reestablishment Project seeks to reduce flood risks, improve
fish passage and stream/riparian habitats and sustain ongoing growth. This
property is an important component of this project.
MOTION: Authorize the Mayor to sign all documents necessary to
purchase a parcel of land (APN 1822059115), located adjacent to the
City-owned Little Property from King County, in an amount not to
exceed $2,128, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
15. Purchase of McSorley Creek Wetland Complex Parcel - Authorize
Property Acquisition Analyst, Cheryl Rolcik-Wilcox noted that this parcel is
vacant commercial property, currently owned by King County. The purchase
of this property will be part of the assemblage of and access for the McSorley
Creek Wetland Complex.
MOTION: Authorize the Mayor to sign all documents necessary for
the purchase of a parcel of land (APN 768280-0045), located at the
26400 block of Pacific Hwy S., from King County, in an amount not to
exceed $16,570, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
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Public Works Committee CC PW Special Meeting
Minutes
February 25, 2019
Kent, Washington
Page 7 of 8
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
16. Consultant Services Agreement with Tetra Tech, Inc, for Design and
Upgrade of Aeration System at Lake Fenwick - Authorize
Environmental Supervisor, Matt Knox noted that the City installed an aerator
system in 1995 to improve oxygen levels in Lake Fenwick and to reduce
harmful algae blooms.
In 2010 the City hired Tetra Tech, Inc. to determine how best to improve
water quality conditions in the lake. Tetra Tech recommended the existing
aeration system be upgraded to provide more oxygen to the bottom of the
lake.
Knox noted the City recently was awarded a grant to finance this retrofit.
This proposed contract would complete the design of the aerator retrofit.
Once the design is complete, staff will seek Council approval to proceed with
a construction contract in 2020 to implement the aerator retrofit.
MOTION: Authorize the Mayor to sign a consultant services
agreement with Tetra Tech Inc, in an amount not to exceed $68,490,
for the design and upgraded aeration system at Lake Fenwick,
subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
17. Engineering and Cost Consultation for Proposed Sound Transit Light
Rail Facilities - Authorize
Tim LaPorte, Public Works Director noted that Sound Transit has opened the
comment period for their proposed Operations and Maintenance Facility
(OMF) for the Federal Way Link Extension Project. Comments are now due on
the first of April.
Two of the proposed sites are located on the West Hill of Kent. Therefore, it
will be necessary to provide engineering and cost data to help demonstrate
advantages and difficulties with the proposed locations. Staff will need to
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Public Works Committee CC PW Special Meeting
Minutes
February 25, 2019
Kent, Washington
Page 8 of 8
utilize the services of one or more consultants to provide engineering and
cost estimation for this purpose.
The purpose of this action is to allow the Mayor to authorize this work on a
timely basis.
MOTION: Authorize the Mayor to sign a contract with selected
engineering firms to provide engineering and cost consultation to
City staff for proposed Sound Transit Light Rail Facilities up to
$100,000, subject to terms and conditions acceptable to the City
Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/5/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Fincher
EXCUSED: Troutner
18. Info Only - Quiet Zone Update
Rob Brown, Transportation Manager noted that staff had planned to get
updated traffic counts for each railroad crossing the week of February 3,
2019. This was delayed two weeks due to snow events. The effort was
delayed a third week due to Kent School District’s mid-winter break, which
would affect traffic volumes. Traffic counts are being taken this week.
UPRR
· Federal Railroad Grade Crossing Inventory forms for each crossing have been
updated with the exception of traffic counts.
· UTC grade crossing modifications for each crossing have been completed except
for traffic counts.
BNSF
· Federal Railroad Grade Crossing Inventory forms for each crossing have been
updated except for traffic counts.
· UTC grade crossing modifications for each crossing have been completed except
for traffic counts.
· The application to the Federal Railroad Administration to establish the quiet zone
is being prepared.
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: March 4, 2019
TO: Public Works Committee
SUBJECT: Information Only/Rapid Ride I - Update
SUMMARY: RapidRide is a proposal for new arterial Bus Rapid Transit service that
would provide high quality service and facilities, state-of-the-art innovations, and
the highest level of speed and reliability. RapidRide I would combine Metro routes
169 and 180, connecting Auburn to Renton via the Kent Transit Center.
The RapidRide I alignment will be determined as part of the ongoing Renton-Kent-
Auburn Area Mobility Plan. The Area Mobility Plan is an opportunity to review the
full network of transit services, including fixed route, DART and Community
Connections projects, to ensure transit supports the communities it serves (See
Exhibit).
Outreach for the mobility plan consists of 2 phases. Phase 1, Project Needs
Assessment, will gather information on the transit needs of Kent residents,
employees and businesses. In May, King County Metro will develop alternatives for
the transit network including the RapidRide I alignment to move into Phase 2,
Alternative Service Networks. Phase 2 will begin in June. Transit route changes will
be implemented in Fall of 2020, with RapidRide I service commencing in Fall of
2023.
King County Metro is interested in learning Kent specific concerns or desires for the
area mobility plan and RapidRide I. Kent staff will continue to coordinate with King
County Metro staff to ensure the best possible service upgrades.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Sustainable Services
ATTACHMENTS:
1. 5 - Exhibit - Rapid Ride I ProjectBaseRoutes_studyarea (PDF)
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TukwilaStation
AngleLakeStation
Airport/SeaTacStation
SE 240th St
108th Ave SE
124th Ave SE
15th St SW
S 288th St
164
166
168
180
180
181
181
906
910
916
952
952
157
157
157
158
158
159
159
190
192
913
150
169
169
913
KENT STATION
166
914
158 913
180
169
180166
BURIEN TC
164
183
153
952
159
168
150916
153
153
186
186
AUBURNSTATION
180 181
917
910
186
915
915
915
105RENTON TC
148
908 169
153105
A LG O N A
AUBU RN
BL AC KDIAMOND
BUR I EN
COV I NGT ON
DE SMOINES
EN U MC L A W
FEDER ALWAY
KE N T
M ILTO N
MAP L EVALLEY
NO R MAN DYPARK
PAC I FI C
RE NTO N
SE ATAC
TU K WI L A
TukwilaInternationalBlvd Station
S 272nd St
S 188th St
68th Ave SW
21st Ave SW
SE 272nd StS 277th St
68th Ave S
140th Ave SE
SW 356th St
Kent Black Diamond Rd SE
S 212th St SE 208th St
NE 4th St1st Ave S
SW 320th St
SW 43rd St
SE 128th St
16th Ave SW
132nd Ave SESR 99
S
R 1
6
4
SR 169
908
914
917
148
164
164
183
906
150
168
166
952
180
0 1 2
Miles
A U B U R N , R E N T O N , K E N T S T U D Y A R E A : C u r r e n t S e r v i c e
Study Area Routes
*Frequent routes run a t leastevery 15 minutes all day
November 14, 2018The use of the information in this map is subject to the terms and conditions found at:www.kingcounty.gov/services/gis/Maps/terms-of-use.aspx.Your access and use is conditioned on your acceptance of these terms and conditions.
Frequent routes*Rt#
Study Area Rou tes:105, 148, 150, 153, 157, 158, 159, 164, 166,168, 169, 180, 181, 183, 186, 190, 192, 906,908, 910, 913, 914, 915, 916, 917, 952
Other current routes (RT numbers not shown)
CF: G:\Major Projects\Renton_to_Auburn_Mobility_Plan\Maps\MXD\ProjectBaseRoutes_studyarea.
All day routesRt#Transit Center (TC)PermanentPark&RideLink light rail and station
Sounder rail and station
DRAF T:fo r interna l use only
Route deviation areasRt#Peak only routes
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: March 4, 2019
TO: Public Works Committee
SUBJECT: Consultant Agreement with AECOM for Upper Mill Creek Dam
Construction Support - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with AECOM in an amount not to exceed
$96,177.05 to provide engineering support services for construction of the
Upper Mill Creek Dam, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
SUMMARY: The Upper Mill Creek Dam project (“Project”) will begin construction
this spring. This critical flood protection Project will reduce flood risk in the Kent
Valley along Mill Creek. The Project will raise the height of the dam by 5.5-feet and
will provide an additional 50-acre feet of flood storage.
The engineer-of-record for the Project is AECOM. This agreement allows AECOM to
provide engineer-of-record support, construction services and field observations as
required by the city’s Dam Safety Permit with the Department of Ecology. This work
includes construction support services for the placement of structural concrete,
earth fill for the dam (including earth retaining walls), excavation work for vaults
and culverts, and electrical/communications work. This agreement allows AECOM to
review, comment, and make recommendations to city staff to approve changes or
revisions that may arise during construction.
BUDGET IMPACT: The cost is included in the project budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. 6 - Exhibit AECOM Upper Mill Crk Dam 4 (PDF)
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
AECOM Technical Services, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and AECOM Technical Services, Inc. organized under the laws of the State of
California, located and doing business at 1111 3rd Ave., Suite 1600, Seattle, WA 98101, Phone: (206)
438-2605, Contact: Rod Denherder (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 Project Management and Construction Support services for the
Upper Mill Creek Dam 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, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Ninety Six Thousand, One Hundred Seventy Seven Dollars and Five Cents ($96,177.05), 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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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
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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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
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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:
Rod Denherder
AECOM Technical Services, Inc.
1111 3rd Ave., Suite 1600
Seattle, WA 98101
(206) 438-2605 (telephone)
N/A (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
AECOM - Upper Mill Crk Dam 4/Lincoln
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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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Exhibit A
PROFESSIONAL ENGINEERING SERVICES
UPPER MILL CREEK DAM IMPROVEMENTS
SCOPE OF WORK
February 25,2019
The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood
capacity of Upper Mill Creek Dam storage facilities was reviewed. "High" priority was assigned to
these facilities because flooding of these structures may cause risks to public safety.
AECOM provided engineering design services to the City of Kent to design and develop bid
documents for raising the UMCD. This service resulted in Bid advertisement in June 2018. A
contract is needed to provide services during construction.
This document describes the scope of work for a new 2019 agreement between the City of Kent
and AECOM prepared at the City's request.
PROJECT WORK ELEMENTS
The following tasks are included in the scope of work:
o Task I - Project Management¡ Task 2 - Construction Support
Task 1 - Project Management
Project activities will be managed and coordinated and with the City meeting the goals, budget,
schedule objectives and expectations for the project. Coordination with the City will be on a bi-
weekly basis to ensure that these objectives are met. AECOM will notify the City when it is within
one month of exhausting the budget to provide adequate time to execute an amendment.
Progress, schedule, and budget will be monitored weekly during periods of work. lnvoices will be
generated every four weeks. Monthly progress reports will be completed as cover letters for
invoices. They will summarize work completed during the period of work and show used and
available budgets. Potential out-of-scope items will be addressed after being reviewed for their
viability and impact to the project.
AECOM will be responsible for the quality of our work and will conduct in-house quality
control/assurance including technical reviews for all AECOM deliverables prior to submittalto the
City for comment and review. ln-house review will be documented for all submittals.
AECOM will prepare a project specific Safety Plan, applicable for site visits provided by AECOM
staff.
Assumption: Construction willtake place during one construction seasons, with all applicable
work requiring inspection and/or observation to occur in those time periods. Revised schedule is
where construction is split, such as dam construction one year and the diversion
structure/channel the next construction season. More than one construction season is not
anticipated and may require an added level of effort beyond this scope of work. Construction
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Exhibit A
services for each task and construction season will be authorized by separate notices to proceed
from the City.
Task 2 - Services During Construction
AECOM will provide Engineer-of Record (EOR) support for the project during construction and
provide observations for construction of structural concrete, earthfill for the dam (including MSE
wall), excavation work for vaults and culverts, and electrical/ communications. The budgeted
costs for these services are based on an estimated construction duration of 3 months (13
consecutive weeks) of full time work each construction season (assuming I fish window
seasons) and periodic assistance from the time of Contractor Notice to Proceed (NTP), to
completion of construction and closeout. This estimated duration could vary greatly depending
on the contractor's proposed methods and schedule. Detailed scope of work and assumptions
follow.
Task 2.1 - Engineer-of-Record Support
AECOM will provide Engineer of Record (EOR) support during construction. This effort will
include the following elements:
a) RFI(s) - Respond to contractor's Request for lnformation (RFl) that are design related
requiring EOR reviedapproval. This may include revising drawings, answering questions,
and/or providing other information.
b) Review and approve proposed design changes from either changed site conditions or
other construction changes, including material test result issues/failures.
c) Review and approve design changes requested by contractor's value engineering
proposals or request for alternative or deviations to material specified.
d) Coordinate with and provide other engineering support to City construction inspection
staff (assume telephone support and/or site visits as listed below to confirm design
assumptions and answer questions). This does not assume re-design.
e) Coordinate with Washington Dam Safety Office (DSO) during construction inspection
(assume up to one (1) site visits by either design/geotech EOR during DSO inspection).
Ð Review and approve any outstanding submittals and shop drawings.
Assumptions:
. Respond to up to a maximum of 12 RFI's. Revise a maximum of 3 drawings (total) as
part of the RFls, with minor revisions only. No new drawings will be developed. City
will print, copy and distribute revised drawings and RFI forms.. AECOM will only review technical submittals that relate to AECOM's portion of the
design.. Up to one (1) site visits conducted by electrical EOR.. Up to two (2) separate site visits conducted by design and/or geotechnical EOR (RFl
review).. A brief Field Report will be provided for each site visit
Deliverables:. RFI forms as required. Revised drawings.
Task2.2 - Gonstruction Field Services
AECOM will provide construction field services associated with this construction support service
agreement between AECOM and the City. This effort will include the following elements.
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Exhibit A
a) Make periodic field visits and conduct project reviews for the quality of services provided
by AECOM and consistency with AECOM's project safety and quality plans.
b) Provide regular communication with team members including key stakeholders identified
by the City.
Assumptions:
' AECOM will combine field services with observations listed below where possible.. Physical attendance by AECOM at weekly or other periodic construction meetings
with the City and contractor is not required. Teleconference attendance is assumed
for every other week at a maximum.
Deliverables:
' No deliverables are assumed
Task 2.3 - Observations
Provide the services of an Engineer or construction observer for the Project who will provide
specific observations based on the Dam Safety inspection plan or as listed on Sheet S01. For
each day present on site, the Engineer or construction observer shall observe construction
activities and specific areas as listed below. By providing construction observations, AECOM
shall assume no responsibility for proper construction techniques or job site safety but will report
to the Contractor and City any known safety concerns immediately.
a) Observe material, workmanship, and construction for compliance with the Contract
Documents and applicable codes, and notify City of noncompliance.
b) Prepare a field report, recording the construction contractors' operations observed while
AECOM is on site.
c) lnterpret plans, drawings, specifications and other contract documents, in coordination
with Designer.
d) Provide photographs taken during the observation of the construction. Photographs will
be in digitalformat and cataloged by date and included with the Field Report.
Construction observations will be conducted on an as requested basis in the following areas,
including, but not limited to:
a) Foundation for vault, stilling basin, fish ladder, diversion structure and box culverts
b) Condition of dam footing
c) Geomembrane/geotextile installation around 4x4 box culvert and start of MSE wall
d) Rebar in forms and forming prior to first concrete pour for foundations for the vault, stilling
basin, fish ladder, diversion structure, or diversion channel
e) Anchor bars drilled and epoxied into ecology block dam facef) Anchors drilled and epoxied into dam face and fish ladder/diversion structure for
attachment of debris cage, trash rack, fish screens, weirs, walking platforms, and
handrails
g) Rebar in forms and forming for dam face (1 visit prior to first pour)
h) Rebar and forms for parapet wallsi) Rebar and forms for Auxiliary Spillwayj) lnstallation of articulated concrete mats for the spillway outlet
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Exhibit A
Assumptions:
. Provide site visits as listed above not to exceed a maximum of 6 site visits and will be
on an as requested basis.. A brief Field Report will be written for each site visit
Deliverables:
. Field Reports with photographs for each visit.
Task 2.4 - Project Closeout
AECOM will provide the following closeout assistance to the City as listed below:
a) Punch list. Participate in the Project's final inspection and assist in developing a list of any
remaining deficiencies.
Deliverables
' Daily Reports for each day on site providing construction observation services - 1 set
in pdf format.. Construction Photographs - 1 set in electronic format.
PROJECT ASSUMPTIONS
Responsibilities of the Gity
a) Responsible for contract administration and oversight. Provide CM oversight and
approval authority for all construction activities.
b) Responsible for construction inspection, testing, and verifying that all work meets the
drawings and specifications.
c) Responsible for coordinating Construction Observations as noted in the Project Work
elements listed above and notifying DSO when construction is ready for observations.d) Process all contract documents through the City's approval process (e.g. CM services
invoices, construction contract, monthly pay estimates, change order execution, cost
reduction proposals, time extensions, etc.).
e) Conduct schedule evaluation, monitoring, and evaluate Time lmpact Analysis for
changes.f) Provide utility coordination with third-party utilities under project specific or franchise
agreements.
g) Lead the Pre-Construction Meeting including preparing agenda and all hand-out
materials. City will prepare meeting notes and include a list of the questions asked and
response/answers.
h) Coordinate and schedule any public meetings required before, during and after
construction.i) Provide operations & maintenance interface with other City Staff for ongoing project
issues.j) Provide preliminary review of submittals, shop drawings and RFls and reject all that do
not provide adequate information or obviously fail to comply with the specifications and
drawings. Provide only those submittals that require EOR reviedapproval to AECOM.k) Provide CM tools for Team use including: Project ROM; Project File lndex; lnspector
Daily Report, Change Order, Submittal tracking, Force Account Tracking and Payment
Forms.
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Exhibit A
l) Develop "As-Built" (Record) Drawings at end of project and submit to Washington Office
of Dam Safety.
Responsibilities of AECOM
a) AECOM Staffing levels are anticipated in accordance with the attached budget estimate
and include:i. One part-time Construction/Project Manager for contract period as identified in
contract.ii. Engineering staff available part time for EOR and RFI assistance/support from NTP
until construction completion but not later than December 2019.
b) AECOM will provide construction observations as required to correlate design
assumptions, meet DSO requirements, and check RFls as indicated above. The
observer(s) will not be able to observe or report on construction activities, or collect
documentation, during the time he/she is not on-site.
c) AECOM scope of work for this task assumes that construction work is anticipated to
begin in April 2019 and extend through October 2019. ft additional construction seasons
are required, a contract amendment will be required. The labor hours proposed by
AECOM are an estimate only and are subject to change based on the actual construction
schedule and working hours of the Contractor. Should further field services be required,
or should construction for identified work tasks run longer than this time period, and if
costs to date exceed the approved budget, the City and AECOM will negotiate a
supplement to this Agreement. AECOM will provide the City with one month's notice that
the available budget will be exhausted at the current level of work.
d) AECOM is not responsible for performing any scope items listed under the corresponding
subtask should AECOM at the direction of the City not be on the project site.
e) AECOM will not monitor the construction contractor's activities, and ãscertain whether or
not they are performing the work in accordance with the Contract Documents in areas not
identified for observations or areas outside of scope of AECOM developed drawings.
Ð AECOM shall not be responsible for construction means, methods, measurement
techniques, sequences of procedures, or for safety precautions and programs in
connection with the work performed by the Construction Contractor, any subcontractors,
or for any other entity other than its own.
g) ln case of the presence of toxic or hazardous materials is encountered. AECOM shall
have no responsibility for the discovery, presence, handling, removal or disposal of toxic
or hazardous materials, or for exposure of persons to toxic or hazardous materials, in any
form at the Project site, including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances. lf AECOM suspects the
presence of hazardous materials, they will notify the City immediately for resolution.
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Exhibit A
PROJECT BUDGET
The budget estimate for this task is an allowance based on an assumed level of effort. The
actual budget needed to provide support services under this task will be dependent on the
construction progress and schedule. An amendment to this contract scope will be required if
additional services are required that are not listed or are greater than assumed in the above
scope. New employee hourly rates will apply for 2020.
ESTIMATED SCHEDULE
The contractor is expected to start construction April 2019. The work under this scope is
assumed to be completed by the end of December 2019.
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UPPER MItL CREEK DAM CONSTRUCTION SERVICES
FEE PROPOSAL
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By: AECOM
Project Management
Setup, Mqnthly lnvoices, Safety plan, progress Reports, Controls
Seru¡ces Dur¡ng Construction
2.L Eng¡neer of Record Support
2.2 Construct¡on Field Seruices
2.3 Spec¡al Obseruat¡on
2.4 Closeout
Requested Contnct Amount
10100
2010
2/26/2OL9 Page 1 of 1
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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 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 and a $1,000,000 products-completed operations
aggregate limit.
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than 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 Contractor 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: March 4, 2019
TO: Public Works Committee
SUBJECT: Consultant Services Agreement with JECB for Upper Mill
Creek Dam - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with JECB to provide inspection and testing
services for the Upper Mill Creek Dam Project in an amount not to exceed
$129,125.00 subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: This contract is for the Upper Mill Creek Dam Project. The project
consists of raising the height of the existing Upper Mill Creek Dam by 5.5 feet,
replacing the existing diversion structure and fish ladder, and constructing new
principal and emergency spillways. This work is part of the effort to increase the
storage capacity of the Upper Mill Creek reservoir to help alleviate downstream
flooding.
JECB will provide construction inspection, geotechnical and structural material
inspection and testing, construction documentation, and construction management
assistance for all scopes of work included in the construction contract.
BUDGET IMPACT: This work is included in the project budget.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. 7 - Exhibit JECB UMCD (PDF)
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
JECB, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and JECB, LLC organized under the laws of the State of Washington, located and
doing business at PO Box 832, Auburn, WA 98071, Phone: (253) 405-4654, Contact: Jaime Hicks
(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 materials testing and construction inspection services for the
Upper Mill Creek Dam 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, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Twenty Nine Thousand, One Hundred Twenty Five Dollars ($129,125.00), 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
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:
Jaime Hicks
JECB, LLC
PO Box 832
Auburn, WA 98071
(253) 405-4654 (telephone)
N/A (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
JECB - UMCD/McConnell
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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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IECB
Geotechnical Engineering
Special Inspections
Materials Testing
Construction Inspections
Date: 1-15-L9
Projecl City of Kent -Upper
Mill Creek Dam
Crrv oF KENT
220 - 4h Avenue S.
Kent, WA 98032-5895
Re:
Atbr:
Proposed Scope of Services for "2019- Upper Mill Creek Dam Project"
Mr. Paul Kuehne, Construction Management Supervisor
After reviewing the project plans and specifications we have compiled a list of items that we feel will be
required for our successful completion of this conkact. Below please find a list of services and their brief
scope that we will provide for this contract. Our personnel will perform Quality Assurance Testing and
Inspection.
Anticipated Materials Testing Services:
Field
¡ In-place density testing of compacted Hot Mix Asphalt (HMA) (ASTM D 2950)
o In-place density testing of soils (ASTM D 6938)
¡ Concrete Testing- includes slump (ASTM C 1,43), air content (pressure method) (ASTM C 231),
temperature (ASTM C1.064), making compressive strength cylinders (ASTM C 31)
¡ Inspection of reinforcing steel
r Inspection of epoxy dowel and anchors
Anticipated Construction Inspection Services:
¡ Assist in onsite project oversite during construction.
o Review of project progress and provide daily briefing to City Construction Project Manager.
¡ Assist in coordination between City Construction Project Manager and the Contractor.
¡ Assist with review and coordination of project schedule.
¡ Verification that City of Kent Project Plans and Specifications are adhered to.
¡ Verification that Contractors work is consistent with City of Kent Standards.
¡ Assist in preparing traffic impact notifications to City staff.
o Verification that Contractor has set up adequate and safe traffic control for the task at hand.
¡ Provide clarification to Contractor should any misunderstanding of the Project Plans and Specs arise.
. Provide field measurements and assist in tracking of bid items.
o Review and verify any force account work.
Our estimate includes both concrete testing and inspection of pre-cast and cast in place members, soil
density testing is assumed for backfilled materials only. We assume all other soils related testing and
inspection will be performed by the geotechnical engineer of record.
Phone: (253) 405-4654 Email: jecboffice@gmail.com
PO Box 832 Auburn WA98071,
EXHIBIT A 7.a
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JECB
Geotechnical Engineering
Special Inspections
Materials Testing
Construction Inspections
Date: 1-L5-19
Project City of Kent -Upper
Mill Creek Dam
]ECB has been performing testing and inspection services in the south Puget Sound region for 15 plus years.
We have successfully completed numerous large federal, cities, and county projects with similar scope to
the current project. We are amply staffed to provide excellent services in a timely manner for this project
and understand the importance of flexibility when scheduling. Therefore we can respond to last minute or
unanticipated scheduling needs promptly.
It is our approach that for our larger projects such as this one, we will assign one inspector to provide the
majority of the duties and he will directly manage any additional staff that is required for successful
completion of the project. This in our opinion allows maximum flexibility for a successful projec! provides
better communication between responsible parties, and significantly reduces any possible lost time or costs
due to communication errors or scheduling issues.
If you have any questions or if JECB can be of any further assistance please call on us at (253) 405-4654.
Respectfully Submitted,
IECB
fr^.,*;t H:"1*
lamie Hicks
Phone; (253) 4054654 Email: jecboffice@gmail.com
PO Box 832 Auburn W498071,
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X IECB
Geotechnical Engineering
Special Inspections
Materials Testing
Construction Inspections
Date: 1-15-19
Project: City of Kent -Upper
Mill Creek Dam
File #:
PROFESSIONAL SERVICES
Asphalt/Soils WDensometert.rq *$9s.00 per hour 80 $7,600.00
G. Hicks
Reinforced Concrete/Rebar Inspection * * *$95.00 per hour 280 $26,600.00
G. Hicks
Epoxy Dowel/Anchor Inspection* **$9s.00 per hour 40 $3,800.00
G. Hicks
Administrative Services $50.00 per hour 80 $4,000.00
Construction Inspection $l1s.00 per hour 640 $73,600.00
G. Hícks
S taff En gineer/Geolo gi st $ 140.00 per hour 20 $2,800.00
J. Bell
LAB TESTING SERVICES
Asphalt.Ienition & Gradation (ASTM D2172\$ r 75.00 each 2 $3s0.00
Asphalt, Rice Specific Graviry (ASTM D2041)s 105.00 each 2 $2 r 0.00
Concrete, Cylinders Compression (ASTM C39)$25.00 each 228 $s,700.00
Soil, Moisture-Density Relation (ASTM
D1557)$ 180.00 each 6 $ 1,080,00
Soil, Sand Equivalent Test (ASTM D2419)$75.00 each J $22s.00
Soil, Sieve Analysis includes 200 Wash
(c136)$ 125.00 each 12 $ l,s00.00
Soil, Fracture Count (ASTM D5821)$75.00 each 2 $ 1s0.00
Soil, Moisture-Density Relation (ASTM
D698)$360.00 each 2 $720.00
Soil, Sieve Analysis -Hydrometer (D422)$ 185,00 each 2 $370.00
Soil, Liquid Limit-Plastic Limit (ASTM
D4318)$210.00 each 2 $420.00
Milease
NO
CHARGE $0.00
Sample Pick Up
NO
CHARGE $0.00
ESTIMATED PROJECT TOTAL TOTAL $ 129,125.00
***Overtime rates (1.5) apply for all work-over 8 hrs per shift, before 7am, after 5 pm, holidays, or
weekend
Schedule of Fees & Services, SCHEDULE A
Contract only executed after specific Notice to Proceed (NTP) received from City of Kent.
Phone: (253) 4054654 Email: jecboffice@gmail.com
PO Box 832 Auburn WA98071,
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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 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 and a $1,000,000 products-completed operations
aggregate limit.
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than 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 Contractor 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: March 4, 2019
TO: Public Works Committee
SUBJECT: Kentridge Parking Restrictions Ordinance Amendment -
Recommend
MOTION: Move to recommend Council adopt an ordinance amending
various sections of chapter 9.38 of the Kent City Code to add locations to
the two and four-hour parking zones, add a new four-hour parking zone to
be in effect at all times, to establish residential parking zones in the Mill
Creek Neighborhood and in the north sections of the Glencarin Division 1,
Shadow Run, and Jason Lane neighborhoods.
SUMMARY: The Kent School District permits high school students to drive to
school, although on-site parking availability is limited. As a result, Kentridge
students park in Glencarin Division 1, Shadow Run, and Jason Lane neighborhoods
to the south of SE 208th St. The residents of these neighborhoods have requested
the City implement parking restrictions through an ordinance to facilitate
enforcement.
These residential areas were included in the Panther Lake Annexation area, and
currently include signed parking restrictions that were established by King County
prior to annexation into Kent but are not currently enforceable. The proposed
change to city code would create a residential parking zone in the northern sections
of these three neighborhoods between SE 211th St and SE 208th St. The residential
parking zone would be in effect from September through June, weekdays excluding
holidays, between the hours of 10 a.m. and 2 p.m. The proposed amendments to
the parking restrictions in these neighborhoods incorporate feedback recently
received from the residents of the neighborhoods that would be impacted by this
RPZ.
The proposed changes set forth in this ordinance also include a four-hour parking
time limit on W. Smith St between 64th Ave S and Washington Ave and the
establishment of a Mill Creek Residential Parking Zone which have previously been
approved by the committee but have not yet been approved by the full Council.
BUDGET IMPACT: The estimated cost to implement a residential parking zone in
the north sections of Glencarin Division 1, Shadow Run, and Jason Lane
neighborhoods is estimated at $47,000 to remove the existing signs and procure
and install approximately 75 new signs and issue parking permits.
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The estimated cost to procure and install signs as proposed to implement the
previously discussed Mill Creek RPZ is estimated at $25,000 to install approximately
38 signs and issue parking permits.
The estimated cost to procure and install signs for the previously discussed parking
restrictions on W. Smith St is estimated at $10,000 for approximately 20 parking
signs.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City
ATTACHMENTS:
1. 8 - Exhibit 9 38 Parking Mill Creek RPZ from Legal (PDF)
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1 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
ORDINANCE NO.
AN ORDINANCE of the city council of the
City of Kent, Washington, amending the Kent City
Code to address residential and commercial on-
street parking issues by: (1) amending section
9.38.060 to add streets to the locations with two-
hour parking limits, (2) amending section 9.38.065
to add streets to the locations with four-hour
parking limits during business hours and
establishing a new four-hour parking zone to be in
effect at all times, and (3) amending section
9.38.175 to establish a new residential parking
zone for the Mill Creek Neighborhood and near the
Kentridge High School.
RECITALS
A. Kentridge High School has limited parking available on-site for
its students. This has led parking to spill over into residential areas south
of the school impacting the surrounding neighborhoods. Specifically,
students have been observed parking in the Glencarin Division 1, Shadow
Run, and Jason Lane residential neighborhoods. Council desires to address
these neighborhood impacts.
B. Sound Transit’s “Sounder” train station, Kent Station, is
located between James Street and Smith Street between Railroad Avenue
and First Avenue North. Sounder operations began in late 2000. A parking
garage was constructed for the Sounder commuters as well as surface lots
and some on-street parking.
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2 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
C. In recent years, ridership on the Sounder has increased
significantly. With the success of the Sounder, Sound Transit has increased
train operations between Lakewood and Seattle by adding an additional
round trip in 2016 and two additional round trips in 2017. Cities on the
Sounder South route, including Puyallup, Sumner, Auburn and Kent have
experienced parking challenges associated with the Sounder’s increase in
ridership as the parking designated for Sounder commuters becomes fully
occupied very early in the morning on most weekdays. This has led
Sounder commuters to spill over and park in unintended areas of the
cities, including residential areas. Specifically in Kent, Sounder commuters
have been observed parking in the Mill Creek residential neighborhood.
D. Sound Transit is currently designing a project that will
construct a second parking garage downtown, however, that parking
garage is not scheduled to open until approximately 2023. While Sound
Transit continues to address the parking needs of its riders, the City has an
immediate need to address the impact to the Mill Creek Neighborhood by
adding parking time limits to some locations and creating a residential
parking zone.
F. Finally, West Smith Street has recently experienced an
increase in the number of vehicles parking on the street for extended
periods of time and at all hours of the day, which limits the availability of
and turnover of parking.
G. To address these issues and ensure that there is adequate
parking for both residential and commercial needs, this ordinance amends
various sections of Chapter 9.38 of the Kent City Code to add additional
time limited parking in a number of new locations and to establish two new
residential parking zones, “Kent RPZ No. 2,” within the Mill Creek
Neighborhood and “Kent RPZ No. 3” near the Kentridge High School. The
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3 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
administration of the residential parking zone will be at no cost to
neighborhood residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 9.38.060 of the Kent City
Code, entitled “Two-hour parking zones,” is amended as follows:
Sec. 9.38.060. Two-hour parking zones.
A. Two-hour parking limit. Except as provided for under KCC 9.38.070
and 9.38.170, at such times as the director of public works or designee
shall place the appropriate sign, or the facilities superintendent for
municipal parking facilities, it shall be illegal to park any motor or other
vehicle for an uninterrupted period in excess of two hours between the
hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise
indicated, the following streets, parking lots, parking garages, or portions
thereof:
1.Centennial Parking Garage: that portion of the first floor as
posted or otherwise marked. A vehicle that displays a valid disabled
parking placard or disabled license plate is exempt from the two-hour
limitation.
2.City Hall parking lot between City Hall and the Centennial
Building: all parking stalls unless otherwise posted or marked. A vehicle
that displays a valid disabled parking placard or disabled license plate is
exempt from the two-hour limitation.
3.Clark Avenue North: from East Smith Street to East
Temperance Street, west side only.
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4 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
34.East Pioneer Street: from Central Avenue North easterly
approximately 150 feet to the alley east of Central Avenue North, south
side only.
45.First Avenue North and First Avenue South: from a point 200
feet north of West Meeker Street to West Titus Street.
56.Railroad Avenue North and Railroad Avenue South: from East
James Street to East Smith Street, east side only; and from East Smith
Street to East Gowe Street.
67.Ramsay Way: from 230 feet east of 4th Avenue North to 350
feet east of 4th Avenue North.
78.Ramsay Way: from 440 feet east of 4th Avenue North to 520
feet east of 4th Avenue North, south side only.
89.Ramsay Way: from 480 feet east of 4th Avenue North to 520
feet east of 4th Avenue North, north side only.
910. Ramsay Way: from 30 feet north of West Temperance Street
to 150 feet north of West Temperance Street.
1011. Second Avenue North and Second Avenue South: from West
Harrison Street to West Titus Street.
1112. State Avenue North and State Avenue South: from East Smith
Street to East Gowe Street.
1213. West Gowe Street and East Gowe Street: from Fourth Avenue
South to Central Avenue South.
1314. West Meeker Street and East Meeker Street: from Fourth
Avenue to State Avenue.
1154. West Harrison Street: from Fourth Avenue North to Second
Avenue North.
1516. West Titus Street: from Second Avenue South to First Avenue
South, north side only.
Provided, that this section shall not apply on Sundays or holidays.
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5 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
B. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of $30. Vehicles parked in
violation of this section may be towed and impounded as provided by law.
SECTION 2. - Amendment. Section 9.38.065 of the Kent City
Code, entitled “Four-hour parking zones,” is amended as follows:
Sec. 9.38.065. Four-hour parking zones.
A. Four-hour parking limit during business hours. Except as provided
for under KCC 9.38.070 and 9.38.170, at such times as the director of
public works or designee shall place the appropriate sign, it shall be illegal
to park any motor or other vehicle for an uninterrupted period in excess of
four hours between the hours of 9:00 a.m. and 6:00 p.m. on either side
of, unless otherwise indicated, the following streets, public parking lots,
public parking garages, or portions thereof:
1.East George Street: from Central Avenue North to State
Avenue North.
2.State Avenue North: from 175 feet south of East George
Street to north end of road, west side only.
13.Railroad Avenue North and Railroad Avenue South: from East
Smith Street to East Gowe Street.
Provided, that this section shall not apply on Sundays or holidays.
B. Four-hour parking limit—At all times. Except as provided for under
KCC 9.38.070 and 9.38.170, at such times as the director of public works
or designee shall place the appropriate sign, it shall be illegal to park any
motor or other vehicle for an uninterrupted period in excess of four hours
at any time on either side of, unless otherwise indicated, the following
streets, public parking lots, public parking garages, or portions thereof:
1.West Smith Street: from 64th Avenue South to Washington
Avenue.
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6 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
BC. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of $30. Vehicles parked in
violation of this section may be towed or impounded as provided by law.
SECTION 3. - Amendment. Section 9.38.175 of the Kent City
Code, entitled “Residential parking zone” is amended as follows:
Sec. 9.38.175. Residential parking zone.
A. Purpose of residential parking zone. The city establishes this
residential parking zone (RPZ) program in response to parking concerns
expressed by residents of the neighborhood surrounding destinations that
are expected to generate significant demand for offsite parking in those
neighborhoods, the Kent Events Center and as required to mitigate parking
impacts of those destinationsthe events center. This RPZ program will
reserve parking on the surface streets in the RPZs established hereinNorth
Park Neighborhood for neighborhood owners, residents, and their visitors,
who might otherwise be displaced by visitors to these destinations. by
visitors to or employees of the events center.
B. Residential parking zone established.
1.The following described area, also known as the North Park
Neighborhood, is established as Kent RPZ No. 1: That area bounded on the
west by Fifth Avenue North, to the south by West James Street, to the
north by State Route 167, and to the east by the Burlington Northern main
line (First Avenue North). Residential parking zone permits are required at
all times to park in Kent RPZ No. 1.
2.The following roadways or portions thereof, within the area
known as the Mill Creek Neighborhood, are established as Kent RPZ No. 2:
a.Cedar Street: from Clark Avenue North to Jason Avenue
North.
b.Clark Avenue North: from 150 feet north of East Smith Street
to East Temperance Street, east side only.
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7 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
c.Clark Avenue North: from East Temperance Street to East
James Street.
d.East George Street: from State Avenue North to Woodford
Avenue North.
e.East Temperance Street: from Kennebeck Avenue North to
Jason Avenue North.
f.Jason Avenue North: from East Smith Street to East James
Street.
g.Kennebeck Avenue North: from East Temperance Street to
north end of road.
h.State Avenue North: from East James Street to 175 feet
south of East George Street.
i.State Avenue North: 175 feet south of East George Street to
north end of road, east side only.
j.Woodford Avenue North: from East James Street to north end
of road.
Residential parking zone permits are required between 6 a.m. and 6
p.m. on weekdays to park in Kent RPZ No. 2.
3.The following roadways or portions thereof, within portions of
Glencarin Division 1, Shadow Run, and Jason Lane are established as Kent
RPZ No. 3:
a.124th Avenue Southeast: from Southeast 208th Street to
Southeast 211th Street.
b.125th Avenue Southeast: from Southeast 209th Street to
north end of road.
c.125th Avenue Southeast: from Southeast 209th Street to
Southeast 211th Street.
d.126th Avenue Southeast: from Southeast 208th Street to
Southeast 211th Street.
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8 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
e.127th Place Southeast: from Southeast 208th Street to
Southeast 211th Street.
f.Southeast 208th Place: from 126th Avenue Southeast to end
of road.
g.Southeast 209th Street: from 170 feet west of 124th Avenue
Southeast to 125th Avenue Southeast.
h.Southeast 209th Court: from 126th Avenue Southeast to end
of road.
i.Southeast 210th Court: from 126th Avenue Southeast to end
of road.
j.Southeast 210th Court: from 127th Place Southeast to end of
road.
k.Southeast 210th Place: from 124th Avenue Southeast to end
of road.
l.Southeast 210th Street: from 124th Avenue Southeast to end
of road.
m.Southeast 211th Street: from 125 feet west of 124th Avenue
Southeast to 124th Avenue Southeast.
n.Southeast 211th Street: from 125th Avenue Southeast to 160
feet east of 127th Place Southeast.
Residential parking zone permits are required between 10 a.m. and 2 p.m.
on weekdays during the months of September through June, excluding
holidays, to park in Kent RPZ No. 3.
C. RPZ manager. The mayor will appoint from city staff the RPZ
manager who shall administer the RPZ program as set forth in this section.
The duties of the RPZ manager may be carried out by more than one (1)
person and may be delegated to the customer services division of the city’s
finance department as appropriate.
D. Residential parking zone permit. When properly issued and
displayed, a RPZ permit or a visitor parking permit will authorize a vehicle
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9 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
to park within the RPZ for which the permit was issued. A property is
included within the RPZ only if its address includes, and/or sole access to
the property is via, a street that is within the RPZ. The permit shall not
guarantee a parking space, nor shall it exempt the vehicle or operator
from observing zones where parking is otherwise prohibited, including but
not limited to permanent or temporary no parking zones, loading zones,
fire zones, and all zones where parking is regulated or prohibited by other
applicable laws or regulations of the Kent City Code.
E. Permit eligibility.
1. Zone owners and residents. Permits may be issued only to
persons who own property or reside in the RPZ established by subsection
(B) of this section. At this time, all permits will be issued to RPZ owners
and residents free of charge.
2. Resident visitors. The RPZ manager may issue additional
permits to each residence within the RPZ for temporary use by residents’
visitors. Visitor permits may not be sold or redistributed for any purpose.
3. Government vehicles. Government vehicles will not be
required to obtain permits for the purpose of conducting official business in
the North Park Neighborhood. Government vehicles associated with the
conduct of business at the Kent Events Center may not park in the an RPZ.
F. Use and validity of permits.
1. The RPZ permit is valid only if displayed on the rear left
window of the vehicle and only for so long as the permit holder owns or
controls the vehicle and resides at the address for which the permit was
issued.
2. A visitor parking permit shall be valid only if the hang tag is
hung from the vehicle’s rearview mirror.
3. All permits shall expire on December 31, 2010, irrespective of
the date of issuance. Reissuance shall be in accord with the process set
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10 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
forth in subsection (G) of this section for a term to be determined by the
RPZ manager.
G. Issuance of permits. The RPZ manager will send four (4) RPZ
window decals to the owner of record and to the occupant of each dwelling
unit or residence within the RPZ. In addition, the RPZ manager will send
fifteen (15) hang tag visitor permits to each owner of record and the
occupant of each dwelling unit or residence for temporary use. Each permit
issued shall contain the number of the RPZ for which it was issued and a
serial number for the permit, together with such other information as
determined by the RPZ manager. The RPZ manager is authorized to issue
additional RPZ and/or visitor permits, if a demonstrated need exists. Any
RPZ resident may make application for additional necessary permits by
returning to the RPZ manager a completed application supplied by the city
identifying the additional permits required and the reason for the request.
Additional permits will be issued at the discretion of the RPZ manager and
at no cost at this time.
H. Proof of ownership or residence. The following will be sufficient
proof of ownership or residence within the RPZ:
1. Appearance as owner of record on the King County recorder’s
office website; or
2. A valid driver’s license showing residence at a current address
located within the RPZ; or
3. A deed, lease, rental agreement, or other document which, at
the discretion of the RPZ manager, establishes residency, and which shows
residency within the RPZ.
I. Revocation or denial of permits – Cause. Any of the following shall
be cause for the revocation or suspension of RPZ permits and/or visitor
permits by the RPZ manager:
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11 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
1. The making of any false or misleading statement in
application for a permit.
2. The transfer to an unauthorized person or address.
3. The alteration of a permit in any respect in order to gain
privileges not authorized by the permit.
4. The display on a vehicle of a permit that has been suspended
or revoked.
5. The sale of a permit and the receipt of anything of value in
exchange for a permit.
J. Revocation or denial of permits – Process. If the RPZ manager finds
that a RPZ permit or a visitor permit should be revoked or denied for any
of the reasons set forth in subsection (I) of this section, the RPZ manager
will send a written notice of revocation or denial to the permit holder,
which notice shall contain the following information:
1. That the permit is denied or will be revoked not sooner than
ten (10) calendar days from the date of the letter.
2. The reasons for permit revocation or denial.
3. That unless a written notice of appeal is filed with the
community development director not later than ten (10) calendar days
from the date of the notice of revocation or denial, the permit will be
deemed finally revoked or denied.
4. That the basis for the appeal must be contained in the written
notice of appeal.
K. Revocation or denial – Appeal. An applicant aggrieved by the RPZ
manager’s revocation or denial of a RPZ or visitor permit may file a notice
of appeal with the community development director who upon
consideration of the written documentation submitted in the notice of
revocation or denial and the notice of appeal will affirm, reverse, or modify
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12 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
the revocation or denial decision, or order suspension for a specified
period.
L. Violation – Penalty. Effective January 1, 2009, iIt shall be a parking
infraction to park within the an RPZ unless the parked vehicle properly
displays a valid RPZ permit or a visitor parking permit. Any violation of this
section shall be an infraction punishable by a monetary penalty of fifty
dollars ($50). Vehicles parked in violation of this section are subject to
impoundment as provided by lawmay be towed or impounded as provided
by law.
SECTION 4. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
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13 Amend Chapter 9.38 KCC -
Time-Limited Parking and Residential
Parking Zone for Mill Creek Neighborhood
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Ordinance\9 38 - Parking - Mill Creek RPZ - Council 2.19.19.docx
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: March 4, 2019
TO: Public Works Committee
SUBJECT: Information Only/4th Ave and Willis St Roundabout - PSE
Design Agreement for Schedule 74 Utility Relocation
SUMMARY: Two existing utility poles conflict with the proposed roundabout layout
at the intersection of 4th Avenue and Willis Street. Public Works Design Engineering
staff met with the affected utilities (PSE, CenturyLink, and Comcast) in the field. At
the meeting with the utilities it was concluded that a Joint Utility Trench is the best
option for undergrounding the existing utilities within the roundabout project area.
PSE’s existing power line will be relocated as part of a Schedule 74 overhead to
underground conversion. The City has received PSE’s Design Agreement.
ATTACHMENTS:
1. 9 - Exhibit A - Joint Utility Trench Plan (PDF)
2. 9 - Exhibit B - Schedule 74 Agreement (PDF)
3. 9 - Exhibit C - PSE Billing Detail (PDF)
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Design Agreement, Attachment “A” to Schedule 74, Page 1
Willis Street (SR 516) & 4th Ave S - Sch74 Conversion
SCHEDULE 74 UNDERGROUND CONVERSION
Project Design Agreement
Project Name: Intersection of Willis St (SR 516) & 4th Ave S – Sch74 conversion
Project Number: 101118283
THIS Agreement, dated as of this _______ day of__________, 20___, is made by and between
_City of Kent_, a _Municipal Corporation_ (the “Government Entity"), and PUGET SOUND ENERGY,
Inc., a Washington Corporation (the “Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy and, pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity is considering conversion of the Company's existing overhead
electric distribution system to a comparable underground electric distribution, as more specifically
described in the Scope of Work (as defined in paragraph 2, below) furnished to the Company by the
Government Entity (the "Conversion Project").
C. The Government Entity has requested that the Company perform certain engineering design
services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable
Project Plan (as defined in paragraph 6, below) for the Conversion Project, in accordance with and
subject to the terms and conditions of this Agreement (the "Design Work").
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the Design Work for the
Conversion Project.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement.
2. The Government Entity shall, within ten (10) business days after the date of this Agreement, provide
the Company with a written scope of work for the Conversion Project which includes, among other
things, (a) a reasonably detailed description of the scope of the work required for the Conversion
Project, (b) a list of the key milestone dates for the Conversion Project, (c) reasonably detailed
drawings showing any associated planned improvements to the Public Thoroughfare, and (d) a
statement as to whether the Government Entity desires to install the ducts and vaults for the
Conversion Project (the "Scope of Work"). The Government Entity shall provide the Company two (2)
hard copies of the Scope of Work and a copy of the relevant electronic file(s) in a mutually agreed
electronic format.
3. Within ten (10) business days of its receipt of the Scope of Work, the Company shall prepare and
submit to the Government Entity (a) a reasonably detailed, good faith estimate of the cost to perform
the Design Work (the "Design Cost Estimate"), and (b) a proposed schedule for completion of the
9.b
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Design Agreement, Attachment “A” to Schedule 74, Page 2
Willis Street (SR 516) & 4th Ave S - Sch74 Conversion
Design Work which, to the extent reasonably practicable, reflects the applicable key milestone dates
specified in the Scope of Work and provides for completion of the Design Work within ninety (90)
business days from the date the Company receives the Government Entity's notice to proceed under
paragraph 5, below (the "Design Schedule"). The proposed Design Cost Estimate and the proposed
Design Schedule shall be based upon the then-current Scope of Work. Unless otherwise specified in
the Scope of Work, the Design Work shall not include negotiation or acquisition of third party property
rights but shall include preliminary planning between the Company and the Government Entity
regarding their respective obligations for negotiating and acquiring third party property rights.
4. Within ten (10) business days after the Government Entity's receipt of the proposed Design Cost
Estimate and the proposed Design Schedule from the Company, the Government Entity and the
Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the
proposed Design Schedule; (c) review the Scope of Work, and (d) make any changes necessary to
create a final Scope of Work, final Design Cost Estimate, and final Design Schedule that are
reasonably acceptable to both parties. If the parties are unable to agree upon a final version of the
Scope of Work, Design Cost Estimate, and/or Design Schedule, then either party may, by written
notice to the other party, submit the matter for resolution pursuant to the dispute resolution
procedures in paragraph 16, below. The final Scope of Work, Design Cost Estimate and Design
Schedule, once determined in accordance with this paragraph 4, may thereafter be changed or
amended only in accordance with the change procedures set forth in paragraph 13, below.
5. The Government Entity shall, within ten (10) business days after determination of the final of the
Scope of Work, Design Cost Estimate, and Design Schedule, issue (a) a written notice to proceed
which shall delineate the final Scope of Work, Design Cost Estimate, and Design Schedule, or (b) a
written notice to terminate this Agreement without cost to the Government Entity. If the Government
Entity terminates this Agreement, the costs incurred by the Company in preparing and submitting the
Design Cost Estimate and the Design Schedule shall not be reimbursable to the Company, and the
rights and obligations of the parties under this Agreement shall be terminated in their entirety and
without liability to either party.
6. Following the Company’s receipt of the notice to proceed, and within the applicable time period
specified in the Design Schedule, the Company shall, with the cooperation and assistance of the
Government Entity as outlined in this Agreement, prepare a project plan for the Conversion Project
(the "Project Plan") which shall include, among other things, the following: (a) a detailed description
of the work that is required to be performed by each party and any third party in connection with the
Conversion Project (the "Construction Work"), (b) the applicable requirements, drawings, and
specifications for the Construction Work, (c) a description of any operating and other property rights
that are required to be obtained by each party for the Conversion Project (and the requirements and
specifications with respect thereto), (d) a detailed estimate of the costs to be incurred by each party in
its performance of the Construction Work, and (e) a detailed schedule for completing the
Construction Work (including, without limitation, the dates for delivery of the ducts and vaults and
other materials for use at the site of the Construction Work).
7. The Government Entity shall be responsible for coordinating the Design Work with all other design
work to be performed in connection with the Conversion Project and any associated planned
improvements to the Public Thoroughfare. The parties shall work together in an effort to mitigate the
costs of the Conversion Project to each party, including, without limitation, identifying ways to
accommodate the facilities of the Company to be installed as part of the Conversion Project within the
Public Thoroughfare.
8. Within the applicable time period specified in the Design Schedule, the Company shall prepare and
submit to the Government Entity a proposed initial draft of the Project Plan. The parties understand
and acknowledge that the proposed Project Plan submitted by the Company shall be preliminary in
nature and shall not include, without limitation, information required to be supplied by the Government
9.b
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Design Agreement, Attachment “A” to Schedule 74, Page 3
Willis Street (SR 516) & 4th Ave S - Sch74 Conversion
Entity (e.g., scope and estimate of the cost of the Construction Work to be performed by the
Government Entity).
9. Within the applicable time period specified in the Design Schedule, the Government Entity shall
(a) review the proposed Project Plan submitted by the Company, (b) complete any information
required to be supplied by the Government Entity, (c) make any changes required to conform the
proposed Project Plan to the Scope of Work and this Agreement, and (d) return the amended Project
Plan to the Company.
10. Within the applicable time period specified in the Design Schedule, the Company shall review the
amended Project Plan submitted by the Government Entity and notify the Government Entity in
writing of either the Company's acceptance of, or the Company's specific objections to, the amended
Project Plan. If the Company makes any objection to the amended Project Plan, and the parties are
unable to resolve the objections and mutually agree upon the Project Plan prior to the final design
date specified in the Design Schedule, then either party may, by written notice to the other party,
submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below.
The Project Plan, as mutually agreed upon by the parties or established through the dispute
resolution process, shall be attached to and incorporated in a Project Construction Agreement
substantially in the form attached hereto as Exhibit A (the "Construction Agreement") which is to be
signed by the parties prior to commencement of the Construction Work.
11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform
to the following requirements:
(a) The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify
that the Government Entity shall install the ducts and vaults for the Conversion Project; provided
that (i) the parties mutually agree upon and set forth in the Project Plan (A) the costs of such
installation work to be included in the Cost of Conversion, and (B) the specifications and
standards applicable to such installation work, and (ii) such installation work is accomplished by
the Government Entity in accordance with the applicable design and construction specifications
provided by the Company and set forth in the Project Plan.
(b) Each estimate of the costs to be incurred by a party shall, at a minimum, be broken down by
(i) the design and engineering costs, (ii) property and related costs, including any costs of
obtaining operating rights, and (iii) construction costs, including and listing separately inspection,
labor, materials, and equipment.
(c) All facilities of the Company installed as part of the Conversion Project shall be located, and all
related property and operating rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74. The Project Plan shall describe in detail the location of such facilities,
any related property and operating rights required to be obtained, and the relative responsibilities
of the parties with respect thereto.
(d) The schedule set forth in the Project Plan for completing the Construction Work shall include, at a
minimum, milestone time periods for completion of the Trenching, installation of ducts and vaults,
the construction and removal of any Temporary Service, and the removal of overhead facilities.
(e) The Project Plan may include the specification of work and requirements for Government-
Requested Upgrades and Company-Initiated Upgrades; provided, however, that the costs
incurred by the Company with respect to the design and engineering of Company-Initiated
Upgrades shall not be included in the costs reimbursable to the Company under this Agreement
or the Construction Agreement. For purposes of the foregoing, (i) the term "Government-
Requested Upgrade" shall mean any feature of the Underground Distribution System which is
requested by the Government Entity and is not reasonably required to make the Underground
9.b
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Willis Street (SR 516) & 4th Ave S - Sch74 Conversion
Distribution System comparable to the overhead distribution system being replaced, and (ii) the
term "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution
System which is required by the Company and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being
replaced. For purposes of subparagraph (ii), above, a "comparable" system shall include, unless
the parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a
diameter of 6" or less) of such diameter and number as may be specified and agreed upon in the
final Scope of Work necessary to replicate the load-carrying capacity (system amperage class) of
the overhead system being replaced. For purposes of subparagraph (i), above, any empty ducts
installed at the request of the Government Entity shall be a Government-Requested Upgrade.
(f) The Project Plan shall set forth all specifications, design standards and other requirements for the
Construction Work and the Conversion Project, including, but not limited to, the following:
(i) applicable federal and state safety and electric codes and standards, (ii) applicable
construction and other standards of the Company, and (iii) applicable street design and other
standards of the Government Entity which are in effect as of the commencement of the
Conversion Project.
12. Upon request of the Government Entity, and in any event at the times specified in the Design
Schedule, the Company shall provide periodic reports which compare the actual costs of the Design
Work incurred to that point in time to the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that
the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below, the Company shall notify the Government Entity immediately.
Upon receipt of the Company’s notice, the Government Entity may, at its option,
(a) notify the Company in writing that this Agreement is terminated; or
(b) request a reasonably detailed explanation supported by documentation (reasonably satisfactory
to the Government Entity) to establish that the actual costs in excess of the Design Cost Estimate
are:
(i) reasonable,
(ii) consistent with the Scope of Work, and
(iii) consistent with sound engineering practices.
If the Government Entity requests an explanation, the Government Entity shall, within ten (10)
business days after receipt of the explanation,
(a) change the Scope of Work in accordance with paragraph 13, below, or
(b) direct the Company to continue with the Design Work without a change in the Scope of Work, but
reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid
the Company under paragraph 14, below, in accordance with the dispute resolution procedures
in paragraph 16, below, or
(c) direct the Company to discontinue performing the Design Work pending resolution, pursuant to
paragraph 16, below, of any dispute regarding the reasonableness of the costs, in which event
the Design Schedule will be adjusted to reflect the delay, or
(d) notify the Company in writing that this Agreement is terminated.
In the event the Government Entity terminates this Agreement or discontinues the performance of the
Design Work under subparagraph (c), above, for more than ninety (90) days, the Government Entity
shall pay the Company for all costs incurred by the Company in its performance of the Design Work
9.b
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Design Agreement, Attachment “A” to Schedule 74, Page 5
Willis Street (SR 516) & 4th Ave S - Sch74 Conversion
prior to the date the Company receives the Government Entity's notice of termination, plus any costs
incurred by the Company for materials and other items ordered or procured by the Company with the
prior authorization of the Government Entity in order to meet the schedule for the Conversion Project.
The foregoing payment obligation shall survive any termination of this Agreement.
13. (a) Either party may, at any time, by written notice thereof to the other party, request changes to the
Scope of Work (a "Request for Change"). No Request for Change shall be effective and binding
upon the parties unless signed by an authorized representative of each party. If any approved
Request for Change would cause an increase in the cost of, or the time required for, the
performance of any part of the Design Work, an equitable adjustment in the Design Cost
Estimate and the Design Schedule shall be made to reflect such increase. The parties shall
negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable
adjustment. If the parties are unable to agree upon the terms of the equitable adjustment, either
party may submit the matter for resolution pursuant to the dispute resolution procedures in
paragraph 16, below. Notwithstanding any dispute or delay in reaching agreement or arriving at
a mutually acceptable equitable adjustment, each party shall, if requested by the other party,
proceed with the Design Work in accordance with the Request for Change. Any such request to
proceed must be accompanied by a written statement setting forth the requesting party's reasons
for rejecting the proposed equitable adjustment of the other party.
(b) The Design Cost Estimate and/or the Design Schedule shall be equitably adjusted from time to
time to reflect any change in the costs or time required to perform the Design Work to the extent
such change is caused by: (i) any Force Majeure Event under paragraph 17, below, (ii) the
discovery of any condition within the Conversion Area which affects the scope, cost, schedule or
other aspect of the Design Work and was not known by or disclosed to the affected party prior to
the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the
scope, cost, schedule or other aspect of the Design Work which are expressly identified by the
parties in the final Scope of Work. Upon the request of either party, the parties will negotiate in
good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment.
If, at any time thereafter, the parties are unable to agree upon the terms of the equitable
adjustment, either party may submit the matter for resolution pursuant to the dispute resolution
provisions in paragraph 16, below.
14. Upon completion of the Design Work (i.e., the date on which the Project Plan is final under
paragraph 10, above, either by mutual agreement of the parties or as established through the dispute
resolution procedures), the Government Entity shall pay the Company all actual, reasonable costs to
the Company for the Design Work (which, if disputed in good faith by the Government Entity, may be
submitted by either party for resolution pursuant to the dispute resolution provisions in paragraph 16,
below), plus any costs incurred by the Company for materials and other items ordered by the
Company with the prior authorization of the Government Entity in order to meet the schedule for the
Conversion Project. If, thereafter, the Construction Agreement is executed by the parties and the
Conversion Project is completed within five (5) years from the date of this Agreement, the full amount
of the costs incurred by the Company in its performance of the Design Work shall be included in the
"Shared Company Costs" under the Construction Agreement and any payment of such amounts
under this Agreement shall be credited to the Government Entity in calculating the "Net Amount"
payable under the Construction Agreement.
15. Within sixty (60) business days after completion of the Design Work, the Company shall issue to the
Government Entity an itemized invoice for the amounts payable under this Agreement. Such invoice
shall be in a form mutually agreed upon by the Company and the Government Entity and shall, at a
minimum, itemize the design and engineering costs, including and listing separately inspection, labor,
materials and equipment. In the event the Government Entity does not verify such invoice within ten
(10) business days of receipt, the Government Entity shall provide a written request to the Company
specifying the additional information needed to verify the invoice. The Company will provide, within a
9.b
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Design Agreement, Attachment “A” to Schedule 74, Page 6
Willis Street (SR 516) & 4th Ave S - Sch74 Conversion
reasonable period after receipt of any request, such documentation and information as the
Government Entity may reasonably request to verify such invoice. The Government Entity shall pay
the Company all amounts payable under this Agreement within thirty (30) days after receipt of the
Company’s invoice. Payment as provided in this Agreement shall be full compensation for the
Company's performance of the Design Work, including without limitation all services rendered and all
materials, supplies, equipment, and incidentals necessary to complete the Design Work.
9.b
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Design Agreement, Attachment “A” to Schedule 74, Page 7
Willis Street (SR 516) & 4th Ave S - Sch74 Conversion
16. Dispute Resolution Procedures:
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the parties. A party who wishes dispute resolution shall notify
the other party in writing as to the nature of the dispute. Each party shall appoint a
representative who shall be responsible for representing the party's interests. The
representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not
resolved within ten (10) business days of the date the disagreement was first raised by written
notice shall be referred by the parties' representatives in writing to the senior management of the
parties for resolution. In the event the senior management are unable to resolve the dispute
within twenty (20) business days (or such other period as the parties may agree upon), each
party may pursue resolution of the dispute through other legal means consistent with the terms
of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes
shall be confidential and shall be treated as compromise and settlement negotiations for
purposes of the state and federal rules of evidence.
(b) Any claim or dispute arising hereunder which relates to the Scope of Work, Design Cost
Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 10,
above; or any Request for Change (including, without limitation, any associated equitable
adjustment) under paragraph 13, above; and is not resolved by senior management within the
time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle,
Washington, under the Construction Industry Arbitration Rules of the American Arbitration
Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and
binding upon the Parties. All other disputes shall be resolved by litigation in any court or
governmental agency, as applicable, having jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this paragraph 16, costs of the arbitrator(s), hearing
rooms and other common costs shall be divided equally among the parties. Each party shall
bear the cost and expense of preparing and presenting its own case (including, but not limited to,
its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of
his or her decision, reimbursement of all or a portion of the prevailing party's costs and expenses
by the other party.
(d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
17. In the event that either party is prevented or delayed in the performance of any of its obligations
under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that
party’s performance shall be excused during the Force Majeure Event. Force Majeure Events shall
include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm,
earthquake or other condition which necessitates the mobilization of the personnel of a party or its
contractors to restore utility service to customers; laws, regulations, rules or orders of any
governmental agency; sabotage; strikes or similar labor disputes involving personnel of a party, its
contractors or a third party; or any failure or delay in the performance by the other party, or a third
party who is not an employee, agent or contractor of the party claiming a Force Majeure Event, in
connection with the Work or this Agreement. Upon removal or termination of the Force Majeure
Event, the party claiming a Force Majeure Event shall promptly perform the affected obligations in an
orderly and expedited manner under this Agreement or procure a substitute for such obligation. The
parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a
Force Majeure Event.
18. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the
Company's electric Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities
and Transportation Commission and in effect as of the date of this Agreement.
9.b
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Design Agreement, Attachment “A” to Schedule 74, Page 8
Willis Street (SR 516) & 4th Ave S - Sch74 Conversion
19. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail
or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required
postage, to the intended recipient as follows:
If to the Government Entity: City of Kent
400 West Gowe
Kent, WA 98032
Attn: Thomas Leyrer
Phone number: 253-856-5562
If to the Company: Puget Sound Energy, Inc.
6905 South 228th Street
Kent, WA 98032
Attn: Hong Nguyen
Phone number: 425-449-6609
Either party may change its address specified in this paragraph by giving the other party notice of
such change in accordance with this paragraph.
20. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the
laws of the State of Washington (without reference to rules governing conflict of laws), except to the
extent such laws may be preempted by the laws of the United States of America.
21. This Agreement constitutes the entire agreement of the parties with respect to the subject matter
hereof and all other agreements and understandings of the Parties, whether written or oral, with
respect to the subject matter of this Agreement are hereby superseded in their entireties.
22. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns,
purchasers, and transferees of the parties, including but not limited to, any entity to which the rights
or obligations of a party are assigned, delegated, or transferred in any corporate reorganization,
change of organization, or purchase or transfer of assets by or to another corporation, partnership,
association, or other business organization or division thereof.
Government Entity: Company:
PUGET SOUND ENERGY, INC.
BY BY
ITS ITS
Date Signed Date Signed
Approved as to form:
9.b
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Scope of Work
To: City of Kent
400 West Gowe
Kent, WA 98032
Attn: Thomas Leyer
Project Description:Sch 74 OH/UG conversion
Location:Willis Street and 4th Ave S
PSE Project Manager:Hong Nguyen
Activity:
PSE Order #:
40%40%60%
PSE Materials
PSE Construction Labor City Obligation $0.00
PSE Project Management $13,458.41 PSE Obligation $0.00
PSE Inspection
PSE Overheads
Federal Income Tax $1,176.18 $0.00
Total Actual Costs:$14,634.59
TOTAL PROJECT VALUE:1
Date:12/31/2018 City of Kent Obligation Incl/CO's:
$14,634.59
City of Kent Invoice/Credit Amount:
FACILITY CONVERSION/MODIFICATION BILLING DETAIL
The City of Kent requests PSE to convert OH/UG Sch74 at the intersection of Willis Street (SR 516) and 4th Ave S. The associated with
the portions of this projec are 40% reimbursable to PSE.
Customer Installed Duct and VaultPSE Construction Cost Estimate
101118283 101118283
PSE Design Cost Change Orders
City of Kent Credit for D+V:
101118283101118283
City Cost Share City Cost Share PSE Cost Share
Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868
Billing Detail Form 5/01
9.c
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: March 4, 2019
TO: Public Works Committee
SUBJECT: Information Only/Quiet Zone - Update
SUMMARY: Staff will give an update on the status of the Quiet Zones to include
future activities and schedule ranges.
Union Pacific Railroad: Staff will report on the progress of preparing the grade
crossing modification petitions to the Washington State Utilities and Transportation
Commission.
BNSF Railway: Staff will report on the progress of preparing the application to the
Federal Railroad Administration for the establishment a Quiet Zone.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
10
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