HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 04/01/2019 (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, April 1, 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 March 18, 2019
Minutes
YES Chair 05 MIN.
5. Transportation Improvement
Board Complete Streets Grant -
Recommend
YES Ken Langholz 05 MIN.
6. GRNRA South Stormwater Pump
Station Project - Condemnation
Ordinance - Recommend
YES Tim LaPorte 05 MIN.
7. Magnan Consutling Services, Inc.
Consultant Agreement for
GRNRA Storm Water Force Main
- Recommend
YES Paul Kuehne 05 MIN.
8. MurraySmith, Inc. Consultant
Agreement for 2019 Sanitary
Sewer CIPP Lining - Recommend
YES Paul Kuehne 05 MIN.
9. Information Only/Sound Transit
System Access Funding
NO April Delchamps 10 MIN.
10. Information Only/Howard
Hanson Dam Downstream Fish
Passage
NO Mike Mactutis 15 MIN.
11. Information Only/Quiet Zone
Update
NO Rob Brown 05 MIN.
Public Works Committee CC PW Regular Meeting April 1, 2019
12. Adjournment Chair 01 MIN.
Page 1 of 6
Pending Approval
Public Works Committee
CC PW Regular Meeting
Minutes
March 18, 2019
Date: March 18, 2019
Time: 4:00 p.m.
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:01 p.m.
Committee Chair Dennis Higgins called the meeting to order.
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
3. Changes to the Agenda
Added Items:
Business Owner, Gary Stewart asked why the No Parking signs have never
been installed at 404 Railroad Ave N. He stated that when Jim White was
Mayor it was approved, but nothing has ever been done. Transportation
Manager, Rob Brown will look in to this and get back to the committee.
Stewart also noted that the Lincoln Ave Park and Ride lot isn’t being fully
utilized. He asked if a shuttle bus could be used to shuttle commuters during
peak hours from the Lincoln Ave Park and Ride to Kent Station. He suggested
that another idea would be to have the Shopper Shuttle extend their route to
include commuters, during peak hours. Brown will forward Mr. Stewarts
comments to Sound Transit.
Item 11.5:
Public Works Director, Tim LaPorte noted that a Consulting Firm was hired to
look at the cost of using the Midway Landfill site for the Sound Transit (OMF)
Operations and Maintenance Facility. He reported that the firm was hired at a
cost of $15,000.
4. Approval of Minutes dated March 4, 2019
MOTION: Move to approve the Minutes dated March 4, 2019
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Public Works Committee CC PW Regular Meeting
Minutes
March 18, 2019
Kent, Washington
Page 2 of 6
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
5. Ordinance Creating Chapter 2.62 of the Kent City Code - Kent Bicycle
Advisory Board - Adopt
Transportation Engineering Manager, Rob Brown, noted that Council created
the Kent Bicycle Advisory Board (KBAB) by Resolution No. 1298 in 1991 to
review city policies with respect to bicycling and to make recommendations.
At its August 27, 2018 meeting, the Kent Bicycle Advisory Board proposed
drafting revisions to Resolution No. 1298 related to member terms. Revisions
were then drafted to clarify the 2 year length of all member terms, how the
terms of the 11 members will be staggered, and how new members will be
appointed to fill a vacancy that occurs prior to the end of a term. The
purpose, duties and responsibilities of the board members have not changed.
Terms begin on April 1, 2019.
It is now standard for Council created boards and commissions to be
organized under Title 2 of the Kent City Code. Accordingly, this ordinance
creates a new Chapter 2.62 within Title 2 which codifies the creation,
purpose, membership, duties and responsibilities of the Kent Bicycle Advisory
Board.
MOTION: Adopt Ordinance No. ____, creating Chapter 2.62, codifying
the provisions of Resolution 1298 establishing the Kent Bicycle
Advisory Board and adding new language related to member terms.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 4/2/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
6. Public Hearing for the Adoption of a New Chapter Under Title 6 of the
Kent City Code, Establishing Utility Design Standards in the Right-of-
Way
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 facilities within
compressed timelines. The City Council acted on January 15, 2019 to
establish a specific franchise application process for small cell facilities
installed on the right-of-way.
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Public Works Committee CC PW Regular Meeting
Minutes
March 18, 2019
Kent, Washington
Page 3 of 6
The FCC Order also restricts the City’s authority to control the aesthetics and
designs of small cell facilities. Specifically, the City may only impose design
standards that are (1) reasonable; (2) no more burdensome than those
applied to other types of infrastructure deployments; and (3) objective and
published in advance and no later than April 14, 2019.
On February 25, 2019, City staff sought input from the Public Works
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. Using this input, staff
drafted the proposed ordinance.
MOTION: Adopt Ordinance No. ____, creating a new Chapter 6.16 of
the Kent City Code, establishing utility design standards and
aesthetic requirements for infrastructure located within in the right-
of-way.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 4/2/2019 7:00
PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
7. Lease Agreement with Sprint Spectrum L.P, for a Wireless
Communication Facility at the Blue Boy Tank Site - Authorize
Sean Bauer, Water System Manager, noted that Sprint has requested to
enter into a new lease with the City at the Blue Boy Tank site located at
11228 SE 236th Pl. This lease will retroactively commence on July 1, 2018,
and end on June 30, 2023. Sprint will have the option to renew this lease for
two additional five-year periods, provided they are compliant with all lease
terms.
Sprint will pay rent in the amount of $2,730.00 per month, plus leasehold tax
if required by law, at a rate established by the State of Washington. Rent
during the first year of each renewal term will be adjusted to market rent.
Rent during years two through five of the initial term, then for years two
through five of each optional renewal term, shall be increased each
anniversary of the commencement date of the lease by 4%.
Bauer went on to note that this lease also obligates Sprint to pay a one-time
fee of $10,000.00 for previously occupying City-installed conduit without
authorization. The City will also collect $2,000.00 for the costs incurred by
the City to administer, negotiate and modify terms of the lease.
MOTION: Authorize the Mayor to enter into a Lease Agreement with
Sprint Spectrum L.P, to operate and maintain a wireless
communication facility at the Blue Boy Tank site, subject to final
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Public Works Committee CC PW Regular Meeting
Minutes
March 18, 2019
Kent, Washington
Page 4 of 6
terms and conditions acceptable to the City Attorney and Public
Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 4/2/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
8. Amendment to Interlocal Agreement with the King County Flood
Control District Regarding Property Acquisitions for the Lower
Russell Levee Project - Authorize
Environmental Engineer, Toby Hallock noted that the Lower Russell Levee
Project is being managed by the King County Flood Control District (District)
and includes, habitat and trail improvements, relocation of Van Doren’s Park,
and levee reconstruction to the 500-yr flood protection level. Construction
will begin in 2019.
On May 17, 2018, the City and the District entered into an Interlocal
Agreement (ILA) for the City to purchase property and provide the District
with easements for river bank protection in addition to similar easements on
several other properties previously purchased by the City along Russell Road.
Per the ILA, the District will reimburse the City for expenses related to these
property purchases.
On March 6, 2019, the District Board of Supervisors approved an amendment
to the ILA due to increased land values and construction costs. The
amendment increases the amount of funding provided by the District to
reimburse the City for work related to the property exchange with the KOA
Campground. The amendment also includes a provision to pay for waterline
replacement through the existing KOA Campground, which will become City-
owned property. Construction is planned to begin later this year.
MOTION: Authorize the Mayor to sign an amendment to the
Interlocal Agreement between the City of Kent and the King County
Flood Control District regarding property acquisitions for the Lower
Russell Levee project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 4/2/2019 7:00
PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
9. Info Only - 2020-2025 Transportation Improvement Program (TIP) -
Update
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Public Works Committee CC PW Regular Meeting
Minutes
March 18, 2019
Kent, Washington
Page 5 of 6
Senior Transportation Planner, April Delchamps noted that the Draft 2020-
2025 Six-Year TIP represents the City’s proposed transportation
improvement work program for the next six years. Per RCW 35.77.010, the
six-year plan for each city shall specifically set forth those projects and
programs of regional significance for inclusion in the transportation
improvement program within that region. The program is also required to be
consistent with the Kent Comprehensive Plan.
Delchamps went on to note that including projects in the Six-Year TIP allows
the City to search for funding partners and apply for grants. Most State and
Federal agencies require that projects being submitted for grants be included
in the City’s adopted Six-Year TIP.
Grants that are available in 2019 are for urban arterials and sidewalks. There
are 14 grants available for 2020. The 2020 - 2025 draft will go to a public
hearing and then to council for approval by June 20, 2019.
Delchamps will draft a memo for all Council members, providing a detailed
description of potential projects to apply for the 2020 grants.
10. Info Only - Sound Transit Access Fund Grant Applications Update
Senior Transportation Planner, April Delchamps noted that the applications
for the Sound Transit Access Program grant are due on April 12, 2019. The
grant is part of the ST3 System Access Program. The competitive grant is an
opportunity for capital, operation, technology and transportation demand
management (TDM) projects with a clear nexus to Sound Transit Centers.
Eligible project types are as follows:
· Safe Sidewalks
· Protected Bike Lanes
· Shared Use Paths
· Improved Bus-Rail Integration
· New Pick-up and Drop-off Areas.
It was noted the grant provides up to $10 million for projects in the South
King subarea between 2019-2020. Sponsors may submit up to 2 projects
with preliminary engineering and construction phases eligible and no local
match required, Kent is an eligible sponsor.
Public Works staff in coordination with staff from Economic and Community
Development and the Kent Bicycle Advisory Board (KBAB) developed 6
potential projects for the grant opportunity. The City of Kent is limited to 2
applications. The projects are as follows:
· Lighting & Pedestrian Wayfinding on W James Street and W Smith Street
between the Lincoln Park & Ride and Kent Sounder Station
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Public Works Committee CC PW Regular Meeting
Minutes
March 18, 2019
Kent, Washington
Page 6 of 6
· James Street Bicycle and Pedestrian Improvements - 3rd Ave to BNSF
· S 240th Street from SR 99 to 30th Avenue S Pedestrian Improvements
· Pedestrian Crossing on W James Street at 2nd Avenue N
· Smart Bike Parking
· S 272nd Street Pedestrian Improvements - Southbound I-5 off-ramp to
Military Road S
Staff submitted screening forms for the 6 potential projects on Monday,
March 11, 2018. An eligibility determination is expected from Sound Transit
on Monday, March 18, 2018. In addition to these 6 projects, Kent could
potentially partner with other cities, the county or King County Metro on
additional projects.
Chair Higgins requested that staff forward this list of projects to Council, and
the Committee will be prepared to discuss a recommendation at its April 1,
2019 meeting.
11. Info Only - Pothole and Clean Up Report
Street Field Supervisor, Brent Collins gave a brief update on pot holes and
the effects our weather has on our roads.
Collins noted that between October 2017 and March 2018 staff filled 1,300
pot holes and that 1,164 pot holes have been filled this year, during the
same time frame. Staff tries to respond within two hours of notification,
other cities and King County will respond in 24 or more hours.
12. Info Only - Quiet Zone Update
Transportation Manager, Rob Brown gave a brief update on the Quiet Zone
that included:
Staff is still waiting for an update from the Federal Railroad Administration on
the status of the Federal Railroad Grade Crossing Inventory update. These
forms are required to be up to date for each crossing in a Quiet Zone.
Union Pacific Railroad: Staff is waiting to hear from the Washington State
Department of Transportation for the maintenance agreement regarding the
Willis Street crossing.
BNSF Railway: Staff reported on the progress of preparing the application
to the Federal Railroad Administration for the establishment of a Quiet Zone.
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: April 1, 2019
TO: Public Works Committee
FROM: Ken Langholz
SUBJECT: Transportation Improvement Board Complete Streets Grant -
Recommend
MOTION: Move to recommend Council authorize the Mayor to accept grant
funds from the Washington State Transportation Improvement Board
Complete Streets program in the amount of $250,000 to construct Meet Me
on Meeker improvements near the Riverbend Golf Complex, 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.
SUMMARY: Public Works staff collaborated with Economic and Community
Development staff to submit a Washington State Transportation Improvement
Board (TIB) Complete Streets grant application for sidewalk improvements near the
Riverbend Golf Complex. The proposed improvements would be consistent with the
Meet Me on Meeker Design Standards, and would further the goal of developing
more robust non-motorized facilities along Meeker Street.
We are pleased to have been approved for $250,000 to construct sidewalk from the
Marquee on Meeker residential development eastward to the existing signalized
crosswalk at the Riverbend Golf Complex. Also included are raised median islands
to provide added pedestrian refuge at the crossing. These improvements will be
designed and constructed at the same time as sidewalk upgrades to the east, and
will be coordinated with Riverbend Driving Range improvements that are managed
by the Parks Department.
BUDGET IMPACT: The $250,000 will be used to construct planned, but previously
unfunded improvements.
ATTACHMENTS:
1. 8 Grant Award TIB Complete Streets (PDF)
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Washington Sfafe
Transportation lmprovement Board
RËCËIVËD
t'TAft g'/ 20n$
Lnatr
Mayor Glenn Johnson
C¡ty of Pullman
Vice Chair
Commiss¡oner R¡chard Stevens
Grant County
Amy Asher
Riverclt¡es Trans¡t
Alyssa Ball
Office of Financial Management
Aaron Butters, P.E.
HW Lochner lnc.
TIB Members March 22,2019
Mr. Tim LaPorte
Public Works Director
City of Kent
220 4th Avenue South
Kent, WA 98032-5838
Dear Mr Pofte:
Congratulations! The Transportation lmprovement Board (TlB) has selected your city for a
Complete Streets Award. This recognition award includes a grant not to exceed the amount
of $250,000.
How is grant funding received? What is the next step?. Before funds can be transferred, both of the enclosed Grant Agreements must be
signed and returned. One executed agreement will be returned for your files.. The total grant may be transferred to your city as soon as April 15th, 2019.. FunQs must be tracked in a separate account or with an identifiable accounting code.o Check with your finance officer to ensure your city is ready to receive funds.
How can funds be used? What is the grant requirement?. The grant requires all items on the enclosed and approved TIB Complete Streets
work plan to be completed. (Additional funding from other sources to finish all
approved items may be required.)o Revisions to the work plan may be considered for special circumstances, or for
requesting additional work plan items for approval. Contact your TIB project engineer
to request a work plan revision.
Mayor Ron Lucas
Town of Ste¡lacoom
How do I show the funds were used?
Once the approved work plan items are completed, you must send in backup documentation
showing expenditure amounts, dates, and activities related to the funds, and photos or other
documentation showing the completed work.
When must funds be used?
Funds must be used by March 31,2022. Any unused funds must be returned to TlB.
Future eligibility.
AI items listed on your approved work plan must be completed before your city will become
eligible for future Complete Streets awards.
lf you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) bS6-
1142 or e-mail GregA@tib.wa.gov. Questions regarding fund transferè should be directed to
Vaughn Nelson at (360) 586-1149 or emaitVaughnN@tib.wa.gov.
Sincerely,
Mick Matheson, P.E.
City of Muk¡lteo
Dav¡d Ramsay
Feet F¡rst
Steve Roark, P.E.
WSDOT
Barbara Chamberlain
WSDOT
El¡zabeth Chamberlain
City of Walla Walla
Mike Dahlem P.E.
City of Sumner
John Klekotka, P.E.
Port of Everett
Commissioner Robert Koch
Frank¡in County
John Koster
County Road Administrat¡on Board
5ue Dre¡er
Pierce Transìt
Colleen Kuhn
Human Servìces Council
Mark Kulaas
Douglas County
Councilmember Mike Todd
Cìty of Mill Creek
Jennifer Walker
Thurston County
Ashley Probart
Execut¡ve Director
P.O. Box 40901
Olympia, WA 98504-0901
Phone: 360-586-1140
Fax: 360-586-1165
www.tib.wa.gov A Ì-!,rfA*{
Ashley Probal
Executive Director
Enclosures
lnvesting in your local community
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Was h i n gto n State T ra n s p o rtati o n I m p rove m e n t Bo a rd
Complete Streets Award Grant Agreement
c-P-106(002)-1
City of Kent
c-P-106(002)-1
Complete Streets Award
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
CITY OF KENT
GRANT AGREEMENT
THIS GRANT AGREEMENT ("Agreement") is made and entered into between the
WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD ('TlB') and the CtTy OF
KENT, a Washington state municipal corporation (,REClplENT").
WHEREAS, the TIB has developed a grant program, Complete Streets, to provide for the retrofit
of streets and roads ("Project") for eligible cities, towns, and counties to provide access to all
users, including bicyclists, pedestrians, motorists, and public transportation riders, and
WHEREAS, the above-identified RECIPIENT is eligible to receive a Project grant pursuant to
ordinance 4207 and that it has the legal authority to receive such grant ånO to periorm the
Project pursuant to the terms of this grant
NOW, THEREFORE, pursuant to chapter 47.26 RCW, RCW 47.04,220, and WAC 479-10-500et seq, the above recitals that are incorporated herein as if fully set forth below, and in
consideration of the terms, conditions, and performances contained herein, and the attached
Exhibits, if any, which are made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. GRANT
TIB agrees to grant funds in the amount of TWo HUNDRED FIFTY THousAND AND NO/100
dollars ($250,000) for the Project pursuant to the terms contained herein, and the RECIpIENT
agrees to accept such grant funds and agrees to perform and be subject to the terms and
conditions of this Agreement.
2 PROJECT AND B GET
The Project shall provide for the retrofit of identified streets or roads on the REC|plENT,s
approved work plan. ln accordance with applicable laws and ordinances, the RECIpIENT
agrees to enter into an agreement with an independent contractor and/or material providers, or
otherwise provide for the Project work plan to be completed by the RECIPIENT's own forces.
The RECIPIENT further agrees that it shall be solely responsi-ble for and shall pay its
independent iontractor and/or material providers. lf RECIPIENT uses its own forces, it shall be
solely responsible for paying the costs thereof. Under no circumstances shallthe TIB be
responsible to any third party for the payment of labor or materials used in completing the
Project work plan. The Project work plan may be amended by the Parties, pursuant to Section
7.
3. PROJECT WORK PLAN AND DOCUMENTATION
Complete Streets Grant Agreement Page 'l of 5 December 2016
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Wa s h i n gto n State T ra n s p o rtati o n I m p rove m e nt Bo a rd
Complete Streets Award Grant Agreement
c-P-106(002)-1
The RECIPIENT agrees to and shall make reasonable progress and submit timely Project
documentation, as applicable, throughout the term of this Agreement and Project.
Required documents include, but are not limited to the following
a) Project work plan describing eligible items with estimated costs;
b) Documentation to support all costs expended on the Project work plan; and
b) Project work plan Closeout Form.
4. PAYMENT AND RETURN OF GRANT FUNDS
TIB will pay the full grant award to the RECIPIENT after TIB approves the Project work plan and
the Parties fully execute this Agreement; provided that there are legislatively appropriated funds
available. The RECIPIENT agrees that it shall hold the grant funds in a separate and identifiable
account and only use said funds to pay the actual direct and related indirect costs of the
approved Project work plan. Grant funds not expended on approved Project work plan items
within three years of the date of TIB's Grant approval shall be returned to TIB within ninety (90)
days after receipt of TIB's written notification.
ETE STREETS GRANT FUN
RECIPIENT agrees that the grant funds shall only be used to complete the approved Project
work plan. Otherwise, RECIPIENT is subject to the Default and Termination provisions of
Section 9.
6. RECORDS MAINTENANCE
6.1 The RECIPIENT shall maintain books, records, documents, data and other evidence
relating to this Agreement and performance of the Project work plan, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all actual direct and
related indirect costs of any nature expended in the performance of this Agreement.
RECIPIENT shall retain such reccrds for a period of six years after the completion of the Project
work plan and TIB's acceptance of the Project work plan Closeout Form. At no cost to TlB,
these records shall be provided when requested; including materials generated under the
Agreement, and shall be subject at all reasonable times to inspection, review or audit by TIB
personnel, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
6.2 lf any litigation, claim or audit is started before the expiration of the six (6) year period,
the records shall be retained until all litigation, claims, or audit findings involving the records
have been resolved.
7. REVISIONS TO THE PROJECT WORK PLAN
RECIPIENT may request revisions to the Project work plan, including the addition or removal of
items. Requests must be made in writing, and TlB, in its sole discretion, will determine whether
to accept the proposed revisions. Should the TIB approve a Project work plan revision, the
Parties shall amend this Agreement pursuant to Section 14. The RECIPIENT shall be solely
responsible for all costs incurred in excess of the Agreement grant award.
Complete Streets Grant Agreement Page 2 of 5 December 201 6
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Washington State Transportation I mprovement Board
Complete Streets Award Grant Agreement
8. TERM OF AGREEMENT
9.2 D T
This Agreement shall be etfective upon execution by the Parties and shall continue throughcloseout of the grant amount, or amendment thereof, or unless terminated as provided herein.ln no event shall the Agreement term exceed three years, unless extended by Agreement
amendment pursuant to Section 14.
9. NON.COMPLIANCE. DEFAULT AND TERMINATION
9.1 NON-COMPLIANCEa) ln the event TIB determines, in its sole discretion, the RECIpIENT has failed tocomply with the terms and conditions of this Agreement and applicable rules under WAC
479-10-500 ef seg, TIB shall notify the RECIPIENT, in writing, of RECIpIENT's non-
compliance
b) RECIPIENT shall provide a written response within ten (10) business days of
receipt of TIB's notice of non-compliance, which shall include eifner a detailed plän tocorrect the non-compliance, a request to amend the Project work plan, or a denial
accompanied by supporting documentation. An agreement to amend the project workplan must be pursuant to Sectionl4.
c) RECIPIENT shall have thirty (30) days in which to make reasonable progress
toward compliance pursuant to its Project work plan to correct or implement an
amendment to the Project work plan.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and,
in its sole discretion, TIB may require the RECIPIENT to stop incurri-ng additionät ero¡eci
work plan costs during the investigation. Should TIB require the RECIpIENT to stop
incurring additional costs to be paid with the grant funds, the RECIPIENT shall be åolely
obligated for paying any additional costs incurred by such suspension of work, contract-or
claims, or litigation costs; such costs cannot be paid for with grant funds.
c-P-106(002)-1
RECIPIENT is in default if rlB determines, in its sole discretion, that.
a) RECIPIENT is not making reasonable progress toward correction and
compliance with this Agreement and the project work plan;b) TIB denies the RECIPIENT's request to amend the projeciwork plan; andc) After investigation, TIB confirms RECTpTENT's non-compliance. '
9.3 TERMINATION
a) ln the event of default as determined pursuant to Section g, TIB shall serve
RECIPIENT with a written notice of termination of this Agreement, which may be served
in person, by email or by certified letter. Upon service oi notice of termination, the
RECIPIENT shall immediately stop incurring costs chargeable against the grant funds
and/or take such actions necessary as may be directedby TIB tð protect TiB,s grant
funds.
b) ln the event of termination, the RECIPIENT may be liable for damages as
authorized by law including, but not limited to, repayment of all grant funds]
Complete Streets Grant Agreement Page 3 of 5 December 2016
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Complete Streets Award Grant Agreement
c-P-106(002)-1
c) The rights and remedies of TIB provided in this Agreement are not exclusive and
are in addition to any other rights and remedies provided by law.
10. DISPUTE RESOLUTION
a) The Parties shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this Agreement. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this Agreement.
b) lnformal Resolution. The Parties shall use their best efforts to resolve disputes promptly
and at the lowest organizational level.
c) ln the event that the Parties are unable to resolve the dispute, the Parties shall submit
the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The
Parties shall share equally in the costs of the mediator.
d) Each Party agrees to participate to the fullest extent possible and in good faith in
resolving the dispute in order to avoid delays or additional incurred cost to the Project
work plan.
e) The Parties agree that they shall have no right to seek relief in a court of law in
accordance with Section 11, until and unless the Dispute Resolution process has been
exhausted.
1 1. GOVERNANCE. VENU AND ATTORNEYS FEES
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County. The Parties agree that each Party shall be responsible for its own attorneys'
fees and costs.
12. INDEMNIFICATION. H HARMLESS AND WAIVER
12.1 RECIPIENT, shall protect, defend, indemnify, and save harmless the TlB, its officers,
officials, employees, and authorized agents, while acting within the scope of their employment
as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons
and/or property), arising out of, or in any way resulting from, RECIPIENT'S negligent acts or
omissions which may arise in connection with its performance under this Agreement.
RECIPIENT shall not be required to indemnify, defend, or save harmless the TIB if the claim,
suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the
sole negligence of TIB; provided that, where such claims, suits, or actions result from the
concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, the
indemnity provisions provided herein shall be valid and enforceable only to the extent of
RECIPIENT's own negligence
12.2 RECIPIENT agrees that its obligations under this section extends to any claim, demand
and/or cause of action brought by, or on behalf of, any of its officers, officials, employees or
authorized agents. For this purpose, RECIPIENT, by mutual negotiation, hereby waives, with
respect to TIB only, any immunity that would othenryise be available to it against such claims
under the lndustrial lnsurance provisions of Title 51 RCW.
Complete Streets Grant Agreement Page 4 of 5 December 201 6
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Complete Streets Award Grant Agreement
c-P-106(002)-1
12'3 The obligations of this indemnification and waiver Section shall survive termination of
this Agreement.
13 ASSI GNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TlB. The RECIPIENT is deemed to consent toassignment of this Agreement by TIB to a successor entity. Such consent shall not constitute awaiver of the RECIPIENT's other rights or obligations undêr this Agreement.
14 AME DMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shallnot be binding unless they are in writing and signed by persons authorized to bind each of theParties.
15. INDEPE NDENT CAPACITY
Ïhe RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors,'and employees thereofshall not in any manner be deemed employees of TlB.
16. ENTIRE AGREEMENT
T.!1s Agreement, together with the Exhibits, if any, the provisions of chapter 47.26 RCW, chapter
479 WAC, and TIB Policies, constitute the entire Agreement between the parties and
supersedes all previous written or oral agreements between the Parties. RECIpIENT agrees toabide by all applicable federal, state and local laws, ordinances, and rules when perforrñing
under the terms of this Agreement.
RECIPIENT Transportation lmprovement Board
ch ief Executive Officer Date Date
Print Name Print Name
Approved as to Form
By,
ANN E. SALAY
Senior Assistant Attorney General
NOTE: Any changes to the terms of this Agreement
shall require fuither approval of the Office of the
Attorney General
Complete Streets Grant Agreement Page 5 of 5 December 2016
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Transportation Improvement BoaröEeEruED
Complete Streets Work FláAzo'rs ft#iíb
RECEIVED
FEB 2 I ?0t9
TIB
Agency
Agency Contact
Phone
Kent
Hayley Bonsteel
253-856-544t Email hbonsteel@kent.wa.
Once approved, all work shown must be completed before
agency is eliglble for future nominations.
Total Work Plan
Complete Streets Fundins $250r000gov
Com Award
Estimated
Completion Year
2020
2020
Complete Streets
Funding
$ 200,000
$ 50,000
Description
a promenade, designed to Meet Me On Meeker
standards, along the south side of Meeker Street between
the Marquee on Meeker development and the vicinity of
the mid-block crosswalk at the Riverview Golf
Install
Course.
ïnstall raised islands in Meeker Street on each side of the
existing mid-block crosswalk to improve safety,
,
Proposed Work ltem
Raised islands
Promenade
Agency Certification
Certification is hearby given that the proposed work plan represents
projects that support and our commitment to the Complete
Streets
Agenry Offtcial
Ftk mothy J. LaPorte, PE,blic Works Director
Kent TIB Complete Streets Work plan.xls\S25O,000
Revised Jan 14,20tg
TIB Approval
Project Engineer Review
Engineering Manager
Date Z/z-? /"pi1
Date
Date
41"k+-
Executive D¡rector
zlaç Ir1
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: April 1, 2019
TO: Public Works Committee
FROM: Tim LaPorte
SUBJECT: GRNRA South Stormwater Pump Station Project -
Condemnation Ordinance - Recommend
MOTION: Move to recommend Council adopt an ordinance that authorizes
the condemnation of property rights necessary to construct the GRNRA
South Stormwater Pump Station project.
SUMMARY: The City requires acquisition of property from one property owner to
construct a new Green River Natural Resources Area South Stormwater Pump
Station. The Project will reduce flood risk impacts to roadways and properties in
the Kent Valley.
Staff is working to acquire necessary property rights through direct negotiations
with the owner. Litigated condemnation proceedings would be a last resort, and the
City is making every reasonable effort to avoid formal condemnation. However, to
maintain the schedule necessary for completion of the project, condemnation
proceedings may become necessary if negotiation efforts fail. Having the
condemnation ordinance in place at this time will reduce the time required to file
condemnation proceedings later should it become necessary.
As required by state law, notice of Council’s anticipated consideration of the
ordinance was mailed to the affected property owners on March 12, 2019. Notice
was also published in the Kent Reporter and the Seattle Times in their March 15
and March 22, 2019 editions.
BUDGET IMPACT: Property acquisition will be paid for with GRNRA South
Stormwater Pump Station Project funds, which are from the Storm Drainage Utility
Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 7 - Exhibit Ordinance (PDF)
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2. 7 - Exhibits A & B (PDF)
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1 Condemnation Ordinance -
GRNRA South Stormwater Pump Station
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, providing for the
acquisition of real property and/or property rights
located west of 64th Avenue South and North of
South 240th Street. This action is being taken in
order to construct the Green River Natural Resource
Area (GRNRA) South Stormwater Pump Station.
This ordinance provides for the condemnation,
appropriation, taking, and damaging of real property
and/or property rights as are necessary for this
purpose and provides for the payment thereof out of
the GRNRA South Stormwater Pump Station Project
Fund (Fund No. D20047). This ordinance also
directs the City Attorney or designee to prosecute
the appropriate legal proceedings, together with the
authority to enter into settlements, stipulations, or
other agreements, and acknowledges that all of the
real property affected is located within King County,
Washington.
RECITALS
A. The GRNRA South Stormwater Pump Station Project (the
“Project”) will increase the stormwater storage capacity of the GRNRA
Regional Stormwater Facility. Stormwater runoff near property owned by
the Church of Jesus Christ of Latter Day Saints (“LDS Church”), which is
located west of 64th Avenue South and north of South 240th Street in the
City of Kent (the “Property”), and its surrounding areas collects into large
stormwater pipes and drainage channels which convey flows north to the
GRNRA Regional Stormwater Facility.
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2 Condemnation Ordinance -
GRNRA South Stormwater Pump Station
B. The Project will include installation of a new stormwater pump
station on the undeveloped portion of the Property. The stormwater pump
station will divert peak stormwater flows to the west, thereby allowing the
GRNRA to have more flood storage and take on additional peak flows.
C. The Project will reduce major flood risk impacts to the
roadways and properties in the Kent Valley.
D. To complete the Project, the City must acquire certain property
and/or property rights from the LDS Church. Efforts by City staff are
currently ongoing to acquire the necessary property and/or property rights
for this public use through negotiation and settlement agreements.
E. In the past, staff has not typically sought formal Council action
authorizing eminent domain proceedings until negotiation efforts fail or stall.
However, timing on the Project is critical due to flooding issues. For this
reason, staff has requested that Council authorize eminent domain
proceedings for this public use now to place the City in a position to initiate
condemnation proceedings without delay should negotiation efforts
deteriorate. It is essential the City be prepared to initiate condemnation
proceedings so that the Project may be timely constructed.
F. Prior to Council’s action on this ordinance, the City provided the
requisite notice to property owners in the manner provided for in RCW
8.12.005 and RCW 8.25.290.
G. The public use and necessity require that the Property and
property rights identified herein be condemned, appropriated and taken for
public use by the City for such purposes as it may now or hereafter declare
in the public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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3 Condemnation Ordinance -
GRNRA South Stormwater Pump Station
ORDINANCE
SECTION 1. – Public Use and Necessity Declared. After receiving
the report of City staff, and after reviewing the planned improvements for
the GRNRA South Stormwater Pump Station Project (“Project”), the City
Council finds and declares that the public convenience, use, health, safety,
and necessity demand that the City of Kent condemn, appropriate, take,
and damage a portion of certain real property located in King County,
Washington, in order to acquire the necessary real property and/or property
rights for the construction of the Project, including all necessary
appurtenances. The property affected by this ordinance is legally described
in the attached and incorporated Exhibit A (the “Property”). The acquisition
area proposed for the Project is broadly depicted in the attached and
incorporated Exhibit B (“Acquisition Area”). However, the scope and
boundary of the Acquisition Area may change concerning the Property if
engineering requires modification of the plans, and such changes are
hereby authorized. The purposes for which this condemnation is authorized
shall include, without limitation, all acts necessary to complete the
construction, improvement, alteration, maintenance, reconstruction, and
restoration of the Project, and any other municipal purpose that may be
necessary from time to time on the Property.
SECTION 2. – Condemnation Authorized. The City Council
authorizes the acquisition by condemnation of all or a portion of the
Property for the construction, improvement, alteration, maintenance, and
reconstruction of the Project, together with all necessary appurtenances
and related work to make a complete improvement according to City
standards.
SECTION 3. – Condemnation Procedures and Proceedings. The City
shall condemn the Property only upon completion of all steps and procedures
required by applicable federal or state law or regulations, and only after just
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4 Condemnation Ordinance -
GRNRA South Stormwater Pump Station
compensation has first been made or paid into court for the owner or owners
in the manner prescribed by law.
SECTION 4. – Project Fund. The City shall pay for the entire cost of
the acquisition by condemnation provided for in this ordinance through the
City’s “GRNRA South Stormwater Pump Station Project” fund (Fund No.
D20047) or from any of the City’s general funds, if necessary, as may be
provided by law.
SECTION 5. – City Attorney Authorized. In the event reasonable
negotiation efforts are not successful with affected property owners, or if the
timing of the Project otherwise requires, the City Attorney or his or her
designee is authorized and directed to commence those proceedings
provided by law that are necessary to condemn the Property. In
commencing these condemnation proceedings, the City Council authorizes
the City Attorney to enter into settlements, stipulations, or agreements in
order to minimize damages. These settlements, stipulations, or agreements
may include, but are not limited to, the amount of just compensation to be
paid, the size and dimensions of the property condemned, and the
acquisition of temporary construction easements and other property
interests.
SECTION 6. – Ratification. Any acts consistent with the authority of
this ordinance and prior to its effective date are ratified and affirmed.
SECTION 7. - 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.
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5 Condemnation Ordinance -
GRNRA South Stormwater Pump Station
SECTION 8. – 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
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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EXHIBIT
-
TAX LOT 5436200140
PARTIAL ACQUISITION
THAT PORTION OF LOT 8, MEEKERS SUPPLEMENTAL PLAT OF THE FIRST ADDITION TO
THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 5
OF PLATS, PAGE 96, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY, WASHINGTON, LYING NORTHERLY OF WEST JAMES STREET AND
WESTERLY OF 64TH AVE SOUTH AS CONVEYED TO THE CITY OF KENT UNDER KING
COUNTY RECORDING NUMBER 9OO1 121 339.
CONTAINING 94,047 SQUARE FEET, MORE OR LESS
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\PARCEL # 5436200140
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DEED 9001121339
W. JAMES ST IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO
LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON.Project #17-301 1
PARCEL # 5436200140
LOT B
MEEKERS SUPPL
PLAT
94,047 SQ. FT
LOCATED IN THE SE 1/4 OF SEC 14,
TOWNSHIP 22 N, MNGE 4 E, W.M.G
CITY OF KENT
LAND SURVEY SECTION
64TH AVE PUMP STATION
PARTIAL ACQUISITION
DRAWN BY: TLM
EXHIBITSCALE:1"=100'
DATE: 1111712017
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: April 1, 2019
TO: Public Works Committee
FROM: Paul Kuehne
SUBJECT: Magnan Consulting Services, Inc. Consultant Services
Agreement for Green River Natural Resource Area Storm
Water Force Main - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Magnan Consulting Services, Inc. to
provide inspection and testing services for the Green River Natural
Resource Area (GRNRA) Storm Water Force Main Project in an amount not
to exceed $152,480.00 subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
SUMMARY: The Green River Natural Resource Area (GRNRA) Storm Water Force
Main project consists of installing 2,500 Feet of 30-inch HDPE pipe, with PVC
conduits, air release valves, junction boxes, re-paving the roadway, channelization,
traffic loops, and other related works. Bids for the project were opened on March
26, 2019. Scarsella Bros. is the apparent low bidder. The construction contract will
be presented to Council on April 2, 2019.
Magnan Consulting Services, Inc. will provide construction management,
construction inspection, materials inspection, materials laboratory testing, and
quality control for the duration of the project. Construction Management staff will
oversee the consultant’s work.
BUDGET IMPACT: The project will be paid for using Storm Drainage Utility Funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. 5 - Magnan Consulting Services Agreement (PDF)
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Magnan Consulting Services Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Magnan Consulting Services Inc. organized under the laws of the State of
Washington, located and doing business at 12423 151st Ave. E., Puyallup, WA 98374, Phone: (253) 840-
4020, Contact: Heather Gilmore (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 construction management, and inspection and testing services
for the Green River Natural Resource Area Storm Water Force Main 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 Fifty Two Thousand, Four Hundred Eighty Dollars ($152,480.00), 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:
Heather Gilmore
Magnan Consulting Services Inc.
12423 151st Ave. E.
Puyallup, WA 98374
(253) 840-4020 (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
Magnan Consulting - GRNRA Storm Water Force Main/Kuehne
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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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GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC
Proposal GRNRA Storm Force Main 17-3012.2
City of Kent
“Bridging the gap between design and Construction”
MCSI
EXECUTIVE SUMMARY
Magnan Consulting Services Inc (MCSI) has been providing professional Construction
Management, Inspection, and Document Control services in the Puget Sound area for
over 15 years. Some of the team’s key members and the CEO has over 40 years of
Construction experience. We strive to ensure all members of the team focus on
communication. MCSI is known for accurate step-by-step oversight of the entire project
scope with all stakeholders’ considerations in mind.
MCSI team members have provided Construction Management service throughout each
phase of project development from conception, project planning and design,
constructability review, bid result review, to contractual specification drafting, and
confirmation that the scope of work is included in through the bidding process and in the
contractor’s contact agreement. Construction sequencing and staging, valued
engineering, risk management, cost estimating, claims management, contract
administration, and project closeout are all well known assets of the MCSI team. And are
currently providing Construction Management, Inspection, & document Control for
Washington State Patrol Scale house that has multi agency L.A.G. compliance, in this
case requirements for federal funding. Our outstanding Document Control office is very
familiar with Municipalities document needs.
EXHIBIT A 7.a
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GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC
MCSI Scope for GRNRA Provide complete project oversight from the pre-con to closeout.
CM, Inspection, & Document Control per standard L.A.G. which includes :
Field Measurement Reports, Inspector’s Daily, Field reports, Record Drawing update,
Compilation of Monthly Progress Payments, Tracking, and the review and approval
process for contractors’ billings.
Bid Item Ledger, Weekly Statement of Working Days, coordinate Survey Requests,
process Traffic Impact Alerts, enforcement Contract Plans/Specs, provide QA/QC,
provide onsite testing and off site lab work, process Submittals, working with design
Engineers they comply with their specifications with tracking logs updated weekly, RFI’s
respond and, compile weekly. Keeping and maintaining the complete project construction
file, participate in negotiating Changes, prepare contract Change Order documentation
with explanation for the change and independent Engineer’s Estimates, track and process
Force Account, anticipate problems and work to resolve them early, etc.
Provide site weekly meetings with minutes distributed to team weekly. MCSI has
extensive dewatering experience and has worked with most of the local Dewatering firms
on other projects.
MCSI Project Approach
This project is a valley floor project with certain challenges for the contractor. A good
dewatering system is imperative to successful project. MCSI has been on a few valley
floor projects to the depth of 14 foot sewer main in the City of Sumner including storm and
street restoration. Or the 125 house development at Village Green in the Orting valley
floor, on each a lot of lessons were realized by the contractor how important the
dewatering was when having a ditch three times wider than deep of 18 foot. While
restoring the other utilities that were impacted.
Attempting to dig in the box without sufficient dewatering still ended up with a 2 to 1 top
width to depth condition.
The goal is to reduce the excavation in turn reducing backfill and compaction and reduce
the impact to existing roads and utilities at the same time.
MCSI has extensive experience working in these conditions and around existing roads
and in public. I believe we could be an asset for the City to work with the contractor as a
team effort and solve the issues of digging in the valley floor.
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GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC
Another challenge is the efficient welding of the HDPE pipe while feeding it into the ditch
through the shoring boxes effectively, the 4 mile Tumwater forced main contractor had
come up with some methods that speeded up the process to install and backfill. MCSI
has extensive experience with the HDPE pipe installations. Team with the contractor to
bring the project in on time and in budget.
MCSI approach is to Team with owners, Engineers, contractors, and the public through
good communication. The weekly site meeting is the base where this communication is
given.
MCSI’s mission is to be responsive to specific project requirements adding strong
leadership and sound management practices to our technical capabilities provides a mix
that ensures project success. In our over 40 years of experience we have carefully
nurtured an innovative and quality-oriented process for anticipating needs, exceeding
expectations, and achieving client goals. Magnan Consulting Services Inc is standing by
and ready to fulfill your project needs.
MCSI’s cost management and funding distribution to contractors through our accounting
department controls the check distribution to the contractors and is tied our lien release
verification system to ensure a smooth project closeout with no title liens after the project
closeout.
MCSI’s Proposed Team
Construction Manager/Resident Engineer/Chief Inspector
~Thomas R Magnan
Tom has over 40 years of Construction Management experience
including all phases of construction from ground up to vertical
structures. He has also served as a Construction Manager,
Project Manager, Owner’s Representative and CM/RE/Inspector
on numerous City, County, State, and privately-owned projects.
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GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC
These projects include new and renovation construction of civil road restorations, Fish
and Dam Facilities, Transfer Stations, Pump Stations, Storm Water Systems, Park n’
Rides, State Highway and City Roadways, Schools, Shopping Centers, Industrial Parks,
Multi-story Civil, Commercial and Residential Buildings. Duties include critical problem
analysis and resolution, contract compliance, project scheduling, permit and sub -
contractor coordination, quality control and project communication through weekly
meetings and communication plan including but not limited to Daily inspection report
(IDRs) as well as ensuring all required documentation is received and accurate prior to
installation.
Education/Training/Certifications
Southwestern College Construction Mgmt.
WSDOT Heavy Highway Const. Supervisor Cert
WADOT Certified Erosion Control CSES CAGC
Southwestern College Construction Law
NUCA Confined space card
DOE Certified Turbidity testing on site
40+ years of In Field Experience
WSDOT Refresher Course Certificates - 2017
Certified Erosion and Sediment Control Lead training CESCL 2018
On-Site Inspector and Project Manager
~ Corey Wight, Sr. Class 5 Civil Inspector
Corey Wight has over 35 years’ experience working on highway
construction projects. He was promoted to Chief Inspector for
WSDOT in 1990. His familiarity with WSDOT Standard
Specifications and Design allows him to anticipate, communicate,
and offer resolutions to important project issues. Corey’s expertise in concrete and
asphalt paving; embankments, excavations, underground utilities (drainage, waterlines,
sanitary sewers, electrical, fiber optics), traffic control barriers, pavement markings,
erosion control and landscape only enhance his ability to interact with Primes,
Subcontractors and Public Entities, along with his knowledge of supervisory experience
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GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC
and organizational skills to make him an asset to any project. He is also extensively
experienced in Building and Plan Reviews and is well versed in building laws and code.
Education/Training/Certifications
1980 – 1983 Washington State University, BSCE Pullman, WA
1974 – 1978 U.S. Marine Corps. Marine One Security Detachment Quantico, VA
2017 - WSDOT Certificates for Construction, Inspection Documentation, Material
Approval/Acceptance
Erosion Control Lead – ECL
Traffic Control Supervisor – TCS
Project Document Control Specialist and Project Manager
~ Heather Gilmore
Heather has over 20 years of experience as a Business Administrator
and Project Manager joining Magnan Consulting in 2018. Her
impressive attention to detail and organization skills is a perfect
match to manage and record documentation in accordance with LAG,
WSDOT, City, County, State, and Private entities’ requirements. Heather has extensive
experience tracking and documenting Inspector Daily Reports, Weekly Site Photos,
Request for Information (RFIs), Request for Changes (COs), Extra Work Orders (EWOs),
and Unit Reports. In addition, she keeps account of weekly meeting minutes, logging of
Concrete Inspection, Weld Testing, Coating Test, and Geotechnical Reports. Heather
maintains both hard and softcopy records of all project documentation for each project
ensuring easy reference for all stakeholders. She prides herself in being organized,
efficient, and detail orientated and would be an asset to any project.
Education/Training/Certifications
Southern New Hampshire University 2016
WSDOT Construction Documentation training 2018
Six years as Project and Program Manager at Microsoft
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GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC
GRNRA STORM FORCE MAIN PROJECT OVERSIGHT COST BUDGET
Project scheduled time frame is 70 working days adding 7 days for closeout and the
following costing is based on these hours
Using 10 hours a day x 70 working days = 700 hours
CM / RE 5 hours a day x 70 days = 350 hours x $120.00 per hour = $42,000.00
On Site Inspector 10 hours a day x 70 days = 700 hours. x $100.00 per hour = $70,000.00
Project Document Control specialist 4 hours a day x 77 days x $60.00 per hour = 18,480.00
Billing is based on hours worked = $130,480.00 BUDGET
TESTING
Project testing frequencies will depend on how successful the contractor is in containing
the ditch line and way they are backfilling, and closing each day. Being conservative
figuring they will install 50 foot a day would merit a continuous afternoon compaction
testing until the confidence that the back fill system is always meeting compaction we can
spread out the amount of test taken.
There will be a need to do compaction testing, soils testing for proctor, concrete testing,
asphalt testing, backfill soils testing.
Testing and Lab tests:
Staff Geotechnical Engineer/Geologist 125.00/hr
Project Geotechnical Engineer/Geologist 155.00/hr
Principal Consultant
Administrative Staff/Report Preprocessing
175.00/hr
50.00/visit
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GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC
CONCRETE LABORATORY TESTING
Compression Strength Test, Each, (ASTM C 39)
18.00/ea
Compression Strength Test, Cast/Delivered by Others, Each,
(ASTM C 39)
55.00/ea
Compression Strength Test for Core Specimen, Each, (ASTM C 42,
C 513)
50.00/ea
Flexural Strength Test, Each, (ASTM C 78, C 293) 80.00/ea
Density Test, Normal & Light Weight Concrete, Each Specimen
(ASTM C 642)
40.00/ea
Splitting Tensile Test, Each, (ASTM C 496) 75.00/ea
Concrete Cylinder Molds, Each 5.00/ea
Concrete Coring 90.00/hr
Penetration Resistance of Hardened Concrete (ASTM C 803) 90.00/hr
Penetration Resistance of Hardened Concrete charges per set of 3 35.00/set
Concrete Mix design Quoted Per Project
Concrete Batchplant Certification Quoted Per Project
SOILS LABORATORY TESTING
Sieve Analysis (ASTM C 136, C 117, D 1140)
100.00/ea
Hydrometer Analysis (ASTM D 422) 235.00/ea
Moisture/Density Relationship (ASTM D 698, D 1557) 200.00/ea
Sand Cone Density Test, Each, (ASTM D 1556) 40.00/ea
Natural Moisture Content (ASTM D 2216). 40.00/ea
Organic Content Test (ASTM D 2974) 160.00/ea
Permeability (ASTM D 5084) 500.00/ea
Permeability Test, Constant Head (ASTM D 2434) 290.00/ea
Specific Gravity (ASTM D 854) 105.00/ea
Atterberg Limits (ASTM D 4318) 220.00/ea
Visual Soil Classification (ASTM C 2488) 40.00/ea
California Bearing Ratio (ASTM D 1883) 550.00/ea
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Depending on the amount of tests and what the engineer requires will depend on the cost
for doing the project testing. I would budget $15,000.00 to $22,000.00
SUMMARY
Construction Management, Full time Inspection, Document Control Budget $130,480.00
Testing budget unknown $22,000.00
Total budget $152,480.00
Experience is everything and our team has it! Selecting Magnan Consulting Services, Inc.
(MCSI) will guarantee professional, experienced, and reliable services in the field and in the
office throughout the project duration.
AGGREGATE LABORATORY TESTING
Clay Lumps and Friable Particles (ASTM C 142)
125.00/ea
Organic Impurities (ASTM C 40) 145.00/ea
Fracture Face Count (WSDOT 103, ASTM D 5821) 158.00/ea
Sand Equivalent (ASTM D 2419) 100.00/ea
Soundness-Sodium Sulfate (ATSM C 88) 500.00/ea
Soundness-Magnesium Sulfate 600.00/ea
Abrasion (ASTM C 131, C 535) 185.00/ea
Unconfined Compressive Test, Intact Rock Cores, Each, (ASTM D
2938)
130.00/ea
Coarse Aggregate Specific Gravity (ASTM C 127) 85.00/ea
Fine Aggregate Specific Gravity (ASTM C 128) 85.00/ea
Aggregate Unit Weight (ASTM C 29) 100.00/ea
Resistivity (ASTM D 2844) 230.00/ea
Ethylene Glycol Expansive Breakdown CRD (C-145) 550.00/ea
Degradation (WSDOT T-113) 245.00/ea
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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. The City shall be named as an
Additional Insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate.
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EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: April 1, 2019
TO: Public Works Committee
FROM: Paul Kuehne
SUBJECT: MurraySmith, Inc., Consultant Services Agreement for 2019
Sanitary Sewer CIPP Lining - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with MurraySmith, Inc. to provide
inspection and testing services for the 2019 Sanitary Sewer CIPP Lining
Project in an amount not to exceed $166,359.00 subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The 2019 Sanitary Sewer CIPP Lining Project includes 12,400 LF of
cured-in-place pipe (CIPP) lining through existing 8-Inch diameter sanitary sewers.
Council awarded the project to Insituform Technologies, LLC on March 12, 2019 in
the amount of $1,078,110.
MurraySmith, Inc. will provide construction management, specialty materials
inspection, materials laboratory testing, and quality control for the duration of the
project. Construction Engineering staff will oversee the consultant’s work.
BUDGET IMPACT: The project will be paid for using Sanitary Sewer Funds.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
ATTACHMENTS:
1. 6 - MurraySmith Agreement (PDF)
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
MurraySmith, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and MurraySmith, Inc. organized under the laws of the State of Oregon, located
and doing business at 6520 Pike St., Suite 1350, Seattle, WA 98101, Phone: (206) 462-7030, Contact:
Jeff Kreshel (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 Construction Support Services for the 2019 Sanitary Sewer
CIPP Lining 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 Sixty Six Thousand, Three Hundred Fifty Nine Dollars ($166,359.00), 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:
Jeff Kreshel
MurraySmith, Inc.
6520 Pike St., Suite 1350
Seattle, WA 98101
(206) 462-7030 (telephone)
(206) 730-4968 (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
MurraySmith - CIPP Lining/Kuehne
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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
SCOPE OF WORK
City of Kent
2019 Sanitary Sewer CIPP Lining
Project Number: 18-3012
Construction Support Services
STATEMENT OF UNDERSTANDING
Murraysmith is being retained by the City of Kent (City) to provide construction management, construction
observation, and materials testing services for their 2019 Sanitary Sewer CIPP Lining project (Project No.
18-3012). The trenchless sewer rehabilitation project is located along multiple residential streets within
the City and includes the installation of approximalely 12,400linear feet cured-in-place pipe (CIPP) lining
of existing 8-inch diameter sanitary sewers and reinstatement of lateral connections.
Murraysmith has developed the following scope of services and accompanying fee estimate based on our
understanding of the project and discussions with City staff. This scope includes construction support
services to assist the City during construction of the project. The City will be responsible for all necessary
permitting, bidding and construction management (not otherwise provided for herein).
SCOPE OF WORK
Task 100 - Project Management
The Consultant will organize, manage, and coordinate the services required to provide the identified
construction support services. The Consultant will be expected to coordinate its work with efforts
performed by City staff. The Consultant will provide project management and contract administration
services. The following subtasks are anticipated:
1. Correspondence and coordination with City project manager and staff associated with these
services.
2. Monthly reports, invoices and schedule updates - Prepare invoicing and monthly reports to
include work completed, costs incurred, budget status, amendments, project schedule, and all
issues that may result in an increase in Total Price.
3. Regular project meetings - Prepare agendas and draft and final meeting notes for regular project
team management meetings with the City staff.
4. Public Outreach - Assist the City with regular project web page updates. Update web page
content, approximately once per month during construction, for City to post on their web site
Assist with providing graphics and information to support developing a project fact sheet or
mailing for public distribution.
5. Coordination with teaming partne(s) (materials testing laboratory) in the implementation of
construction support services.
Assumptions:
a Consultant and City will participate in up to three (3) additional regular project meetings
Page A-1City of Kent
2019 Sanitary Sewer CIPP Lining
Murraysmith, lnc.
March 2019
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a Overall duration of construction contract (with seventy (70) Working Days contract time) is
anticipated to be an approximately seventeen (17) calendar week period.
Deliverables
a
a
Meeting agenda and minutes, draft and final
Monthly progress reports and invoices
Project updates and information to support City staff, public meetings, web page updates and
project fact sheet.
a
Task 200 - Construction Support Services
Consultant to provide services necessary to assist the City during the construction for the 2019 Sanitary
Sewer CIPP project. The following subtasks are anticipated:
1. General Administration of the Construction Contract ' Consult with City and act as City's
representative, "Engineer", as provided in the General Conditions of the Construction Documents
for the Project (Contract Documents). The extent and limitations of the duties, responsibilities,
and authority of "Engineer" as assigned in the General Conditions shall not be modified, except
as Consultant may otherwise agree in writing. All of City's instructions to the construction
contractor awarded the contract to construct the Project (Contractor) will be issued through
Consultant, which shall have authority to act on behalf of City in dealings with Contractor to the
extent provided in this scope of services and the General Conditions of the Construction Contract
except as otherwise provided in writing.
2. Program Set-Up/Management - Work under this subtask includes the set-up of systems and
processes to communicate, share files, review documents and coordinate overall construction
management services between the City, Consultant, and Contractor throughout the duration of
the Contract for construction. Project documentation and information will follow that prescribed
by the WSDOT LAG Manual. A project file will be compiled into an electronic MS Office/Adobe
compatible format deliverable to the City.
3. Preconstruction Conference - Consultant to prepare an agenda and invitation list for a
preconstruction conference and coordinate with the City, permitting agencies, and other
stakeholders regarding the conference details. The Consultant will lead the preconstruction
conference, prepare a written conference summary and distribute the summary to all conference
attendees.
4. Application for Paymenfs - Consultant will review the contractor's monthly requests for progress
payments and recommend the appropriate amount to the City for payment to the contractor.
Payment recommendations will be based upon the percentage complete of unit price items
and/or the approved breakdown of the contractor's lump sum items, as appropriate.
5. Schedules - Receive, review, and determine the acceptability of any and all schedules that
Contractor is required to submit to Consultant, including the Overall Progress Schedule, Schedule
of Submittals, and Schedule of Values. Consultant shall provide up to two (2) schedule reviews
under this task. Review of weekly schedules is included in the Construction Meetings duties in
paragraph 6.
6. Construction Meetings/Sife Visifs - The Consultant will conduct construction meetings at a
location to be determined on a regular basis, approximately once per month. The purpose of
these meetings is to identify any potentialfield problems and other issues regarding the project as
well as to review the project progress versus the project schedule. A brief site visit will be made
City of Kent
2019 Sanitary Sewer CIPP Lining
Murraysmith, lnc.
March 2019
Page A-2
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concurrent with the construction meet¡ng. For the purpose of developing this scope of work,
approximately four (4) meetings are anticipated. Attendance at construction meetings/site visits
will be combined with other tasks to maximize the efficiency of Consultant's work program.
7. Additional Síte Visífs - Conduct periodic, additional visits to the site as warranted by the
progression of work or as requested by the City. For the purpose of developing this scope of
work, one (1) additional site visits are anticipated per every other month, on average, through the
duration of construction, approximately two (2) visits total. As noted in the previous subtask, site
visits will be combined with other tasks to maximize the efficiency of Consultant's work program
8. Submittal Reviews - Review construction submittals and substitution requests for conformance
with project documents. For the purpose of developing this scope of work, it is anticipated that
there will be approximately twenty-four (24) technical and administrative submittals reviewed by
Consultant and approximately 33% of the submittals will require a follow up submittal and
additional review. Consultant will coordinate closely with the City on maintaining an up to date
submittal log.
9. Reguesf for Information (RFI) - Assist with issuing clarifications to the construction contractor
and producing design changes if necessary. lt is assumed that Consultant will draft up to eight
(8) requests for information/clarification for the City to review prior to distribution to the Contractor
10. Reguest Change Order Review, Response and Prepare - Provide services related to any
request for change order (RCO) as directed by the City. These include review and responding to
RCO's,, assistance with negotiation, recommendations to the City regarding any RCO, and
processing the formal change order documents and coordinating the execution of the change
orders. For the purpose of developing this scope of work, it is anticipated that there will be
approximately two (2) change order requests.
Lt. Defective Work - Recommend to City that Contractor's work be rejected while it is in progress if,
on the basis of Consultant's observations, Consultant believes that the work will not produce a
completed Project that conforms generally to the Contract Documents or that it will threaten the
integrity of the design concept of the completed Project as a functioning whole as indicated in the
Contract Documents. For the purpose of developing this scope of work, it is anticipated that there
will be up to two (2) instances of defective work.
t2. Materials Testing - Consultant shall provide for a materials testing laboratory for performing
quality assurance testing of contractor-provided field samples of the CIPP lining installation.
a. Perform materials testing of work as specified in the Contract Documents, and receive and
review all certificates of inspections, tests, and approvals required by laws and regulations
or the Contract Documents. Consultant's review of the certificates shall be for the purpose
of determining that the results certified indicate compliance with the Contract Documents
and will not constitute an independent evaluation that the content or procedures of the
inspections, tests, or approvals comply with the requirements of the Contract Documents.
Consultant shall be entitled to rely on the results of the tests.
b. Recommend and provide construction materials testing for the CIPP lining installation,
when concerns arise about the quality of work, accuracy of Contractor provided tests or
representation of prior tests.
An allowance has been established to provide the services of a materials testing
laboratory.
13. Subsfantial Completion/Punch LisØNotice to Proceed - Project will require maintaining
service to City customers. This may require elements of the project to be substantially complete
and functional prior to issuing notice to proceed on other project elements. Consultant will work
City of Kent
2019 San¡tary Sewer CIPP Lin¡ng
Murraysmith, lnc.
March 2019
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with the City and recommend procedures and timing of acceptance of the project elements and
continuation of work elements. Consultant will assist the City with inspection of specific project
elements and assist in preparation of a "punch list" of work items remaining to achieve substantial
completion. Assist the City in issuing notice of substantial completion as well as notice to
proceed on work remaining as a result of the substantially complete work.
14. Final Completion/Close-Out - ln company with City and Contractor representatives, Consultant
shall participate in a final inspection to determine if the completed work of Contractor is
acceptable so that City may recommend, in writing, finalpayment to Contractor. Consultant shall
inventory all required submittals, certificates, warranties and other documentation for support and
recommend final payment. Consultant shall coordinate with the Contractor in order to provide all
necessary project certifications, drawings, and any other required information to Department of
Ecology and/or any other permitting authority regarding completion of the work in accordance
with approved permits for the project.
15. Resident Project Representative (RPR) - Consultant shall provide the services of a Resident
Project Representative (RPR). The responsibilities, authority and limitations of the RPR are
limited to those of Engineer in accordance with the Construction Documents. These services
may include:
a. Review of work in progress to assist in determining if the work is in general proceeding in
accordance with the Contract Documents. lnform Engineer and Contractor whenever
RPR believes that any Work is defective. Advise Engineer when RPR believes that any
Work will not produce a complete Project that conforms generally to the Contract
Documents, or will prejudice the integrity of the design concept of the complete Project as
a functioning whole as indicated in the Contract Documents, or whenever RPR believes
Work should be uncovered for observation, or requires special testing, inspection, or
approval. Monitor to ensure that tests, equipment and systems startups and operating
and maintenance training are conducted in the presence of appropriate personnel, and
that Contractor maintains adequate records thereof.
b. Serve as the Engineer's liaison with Contractor, working principally through the
Contractor superintendent and assist in understanding the intent of the Contract
Documents. Assist Engineer in serving as City's liaison with Contractor when
Contractor's operations affect City's onsite operations. Assist Engineer in serving as a
liaison between Contractor, City and private residents to inform and facilitate and
coordinate work of the Contractor.
Assist Engineer with the execution of tasks herein, including but not limited to, schedule,
submittaland RFI's reviews, processing applications for payment, meetings, coordination
of special inspections and testing, start-up, testing and training, substantial and final
completion, and project close-out.
d. Furnish Engineer periodic reports of progress of the Work and of Contractor's compliance
with the Progress Schedule and Schedule of Submittal submissions.
e. lnform Engineer when clarifications and interpretations of the Contract Documents are
needed and transmit to Contractor clarifications and interpretations as issued by
Engineer. Consider and evaluate Contractor's suggestions for modifications in Drawings
or Specifications and provide recommendations to Engineer; transmit to Contractor the
decision issued by Engineer.
f. Maintain informal record drawings and review Contractor's record drawings as required in
the Contract Documents.
c
Page A-4City of Kent
2019 Sanitary Sewer CIPP Lining
Murraysmith, lnc.
March 2019
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g. Assist Engineer in the determining if the work is in general proceeding in accordance with
applicable permits and permit conditions. lnform Engineer and Contractor whenever
RPR believes that any Work is not in conformance with permit conditions.
16. Record Drawings - Prepare record drawings based on information provided by Contractor and
City's Project Representative, and provide to City one (l) set of permanent record drawings.
Consultant shall also provide record drawings to City in digital format on CD-ROM in AutoCAD
format.
Assumptions:
Overall duration of construction contract (with seventy (70) Working Days contract time) is
anticipated to be equivalent to an approximately seventeen (17) calendar week and normal 8-
hour work day period. No night or weekend work anticipated.
Deliverables
Meeting agenda and minutes, draft and final
a
a
Reviews and recommendations, when appropriate, for applications for payment, schedules,
submittals, request for information and request for change orders.
On-site observation reports.
Material testing reports
Record drawings, one hard copy and one digital copy in AutoCAD format
Punch List and other documentation to support substantial completion and final
com pletion/project close-out.
Task 300 - Unanticipated Services
This task will include additional labor or expenses that are not anticipated or specifically identified in the
scope of work tasks defined previously. Such work items will be undertaken only after written
authorization from the City.
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2019 Sanitary Sewer CIPP Lining
Murraysmith, lnc.
March 2019
Page A-5
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20L9 Sånitary S€wer CIPP Lin¡ng, Prcject No. 18-3012
City of Kent
PROPOSED FEE ESTIMATE
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent
coverage.
3. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant’s profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
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EXHIBIT B (Continued )
2. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate.
3. Professional Liability insurance shall be written with limits no
less than 2,000,000 per claim.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
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EXHIBIT B (Continued )
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: April 1, 2019
TO: Public Works Committee
FROM: April Delchamps
SUBJECT: Information Only/Sound Transit System Access Funding
SUMMARY: Applications for the Sound Transit Access Program grant are due on
April 12, 2019. The grant is a part of the ST3 System Access Program. The
competitive grant is an opportunity for capital, operation, technology and
transportation demand management (TDM) projects with a clear nexus to Sound
Transit Centers. Eligible project types are as follows:
o Safe Sidewalks
o Protected Bike Lanes
o Shared Use Paths
o Improved Bus-Rail Integration
o New Pick-up and Drop-off Areas.
The grant provides up to $10 million for projects in the South King subarea
between 2019-2020. Sponsors may submit up to 2 projects with preliminary
engineering and construction phases eligible and no local match required. Eligible
sponsors include cities, King County, and King County Metro.
Public Works staff in coordination with staff from Economic and Community
Development and the Kent Bicycle Advisory Board (KBAB) developed 6 potential
projects for the grant opportunity. Kent is limited to 2 applications. The projects are
as follows:
1. Lighting & Pedestrian Wayfinding on W James Street and W Smith Street
between the Lincoln Park & Ride and Kent Sounder Station.
2. James Street Bicycle and Pedestrian Improvements.
3. Pedestrian Crossing of W James Street at 2nd Avenue N.
4. Smart Bike Storage
5. S 240th Street from SR 99 to 30th Avenue S Pedestrian Improvements:
6. S 272nd Street Pedestrian Improvements – Southbound I-5 off-ramp to
Military Road S
Staff submitted screening forms for the 6 potential projects on Monday, March 11,
2018. All projects were determined to be eligible by Sound Transit on Monday,
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March 18, 2018. In addition to these 6 projects, Kent could potentially partner with
other cities, the county or King County Metro on additional projects.
Staff recommendation, vetted through Mayor Ralph, is to submit projects 1 and 3
to Sound Transit for consideration.
BUDGET IMPACT: Projects 1, 2, 3, 4, and 6 would not have a budget impact.
Project 5 would require an estimated $250,000 for right-of-way, which is not
eligible for grant funding.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. 9 - Exh 1 - Sound Transit System Access Fund Grant Summary 3-11-2019
(PDF)
2. 9 - Exh 2 -Summary of Potential Projects (PDF)
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ST3 – System Access Program
Sound Transit System Access Fund
The ST System Access Fund is a competitive grant opportunity for capital, operation,
technology and transportation demand management (TDM) projects with a clear nexus to
Sound Transit Centers.
Funding is from the ST3 System Access Program.
Eligible project types:
o Safe Sidewalks
o Protected Bike Lanes
o Shared Use Paths
o Improved Bus-Rail Integration
o New Pick-up and Drop-off Areas.
Up to $10 million for the South King subarea
Program Years: 2019-2025
Sponsors may submit up to 2 projects
Preliminary engineering & construction eligible
No local match required
Eligible sponsors: Cities, King County, & King
County Metro
7 Evaluation Factors:
o Policy factors: customer experience, equity, safety, connectivity, and human health.
o Technical factors: funding plan & delivery plan.
Application and evaluation timeline: are short.
o February 9th: Call for Projects
o March 11th: Screening Forms Due
o March 18th: Sound Transit Eligibility Determination
o April 12th: Applications Due
o April 12-Mid-May: Sound Transit Evaluation Period
o Late May to Late June: Public Comment Period
o June 6: Sound Transit Executive Committee Project Briefing
o July 18: Sound Transit Executive Committee Project Funding Recommendation
o July 25: Sound Transit Board Action
ST employees will be evaluating the applications with qualitative scoring.
Each project will be scored either highly recommended, recommended or not
recommended.
All evaluations will be shared with public and project sponsors.
I met with Hayley and Danielle on February 12th and with Public Works staff on February 20th to
discuss potential projects. The top 6 projects are as follows:
Lighting & Pedestrian Wayfinding along W James Street and W Smith Street between the
Kent/James Street Park & Ride and Kent Sounder Station
James Street Bike Lane and Sidewalk Improvements
S 240th Street from SR 99 to 30th Avenue S Pedestrian Improvements
Pedestrian Crossing on W James Street at 2nd Avenue N
Smart Bike Parking (KBAB Recommendation)
S 272nd Street from the southbound I-5 off-ramp to Military Rd S Pedestrian
Improvements
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SOUND TRANSIT SYSTEM ACCESS FUND: SUMMARY OF POTENTIAL PROJECTS
1 | Page
Project #1
Project Title: Lighting & Pedestrian Wayfinding
along W James Street and W Smith Street
between the Kent/James Street Park & Ride and
Kent Sounder Station
Project Description: The proposed project will
improve the pedestrian & bicycling experience
between the underutilized Kent/James Street Park
& Ride and Kent Sounder Station. Improvements
include pedestrian wayfinding, pedestrian lighting,
and related safety improvements.
What specific access problem(s) or need(s) will the proposed project
address? The pedestrian environment between the Kent/James Street Park & Ride
and Kent Sounder Station lacks pedestrian wayfinding and lighting. Parking at Kent
Station has a high utilization, while the Park & Ride is underutilized. The project will
increase utilization of the Park & Ride, decrease congestion near Kent Station, and
improve the safety and pedestrian experience along the pedestrian route.
Total Project Cost: $800,000
Grant Request: $800,000
Local Match: $0
Phase of Request: Preliminary Engineering & Construction
Year of Request: 2020 & 2021
Year complete: 2021
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SOUND TRANSIT SYSTEM ACCESS FUND: SUMMARY OF POTENTIAL PROJECTS
2 | Page
Project #2
Project Title: James Street Bicycle and Pedestrian Improvements
Project Description: This project will construct continuous pedestrian and bike
facilities on W James Street near Kent Station.
What specific access problem(s) or
need(s) will the proposed project
address? This project closes a gap in the
pedestrian and bicycle network on W James
Street.
Total Project Cost: $3,500,000
Grant Request: $3,500,000
Local Match: $0
Phase of Request: Preliminary Engineering
& Construction
Year of Request: 2020 & 2022
Year complete: 2023
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SOUND TRANSIT SYSTEM ACCESS FUND: SUMMARY OF POTENTIAL PROJECTS
3 | Page
Project #3
Project Title: Pedestrian Crossing on W James Street at 2nd Avenue N
Project Description: Install a Rectangular Rapid Flash Beacon (RRFB), high
visibility crosswalk and ADA ramps crossing W James Street at 2nd Avenue N..
What specific access problem(s) or need(s) will the proposed project
address? W James Street between 4th Ave N and Central Avenue N is 0.3 miles
long. The distance between pedestrian crossings is a barrier to multiple
neighborhoods north of W James Street. Additionally, there are 2 reported
pedestrian-involved crashes and 2 reported bicyclist-
involved crashes in the past 5 years (2014-2018) as well
as numerous unreported near misses.
Total Project Cost: $250,000
Grant Request: $250,000
Local Match: $0
Phase of Request: Preliminary Engineering &
Construction
Year of Request: 2020 & 2021
Year complete: 2021
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SOUND TRANSIT SYSTEM ACCESS FUND: SUMMARY OF POTENTIAL PROJECTS
4 | Page
Project #4
Project Title: Smart Bike Storage
Project Description: Construct smart, secure bike parking at Kent Station.
What specific access problem(s) or need(s) will the proposed project
address? Increase smart bike storage at the Kent Sounder Station
Total Project Cost: $500,000
Grant Request: $500,000
Local Match: $0
Phase of Request: Preliminary Engineering & Construction
Year of Request: 2020 & 2021
Year complete: 2021
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SOUND TRANSIT SYSTEM ACCESS FUND: SUMMARY OF POTENTIAL PROJECTS
5 | Page
Project #5
Project Title: S 240th Street from SR 99 to 30th Avenue S Pedestrian
Improvements
Project Description: The proposed project will construct a 14-foot shared use
path on the north side of S 240th Street from SR 99 to S 30th Avenue, pedestrian
lighting, pedestrian wayfinding and crossing improvements at SR 99 and S 240th
Street. The improvements will match the shared use path being constructed on
30th Avenue S being constructed as a part of the Kent-Des Moines Light Rail
Station.
What specific access problem(s) or need(s) will the proposed project
address? S 240th Street from SR 99 to 30th Ave S is a gap in the bicycle and
pedestrian network directly south of the Kent-Des Moines Station. In the last 5
years (2014-2018), there have been 1 fatal, 1 suspected serious injury, and 1
suspected minor injury crash involving pedestrians within 0.1 mile of the
intersection of SR 99 and S 240th Street. With the addition of a light rail station,
the pedestrian volumes will likely increase.
Total Project Cost: $800,000
Grant Request: $550,000
Local Match: $250,000 (Right-of-way)
Phase of Request: Preliminary
Engineering & Construction
Year of Request: 2021 & 2023
Year complete: 2023
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SOUND TRANSIT SYSTEM ACCESS FUND: SUMMARY OF POTENTIAL PROJECTS
6 | Page
Project #6
Project Title: S 272nd Street Pedestrian
Improvements – Southbound I-5 off-ramp to Military
Road S
Project Description: The proposed project will
improve pedestrian facilities on S 272nd Street from the
Southbound I-5 off-ramp to Military Road S.
What specific access problem(s) or need(s) will
the proposed project address? The project will fill
the bicycle and pedestrian network gap on S 272nd
Street from the Southbound I-5 off-ramp to Military Road
S. The proposed improvements will serve the exiting
transit stop on the I-5 northbound on-ramp and residents
east of I-5. The Federal Way Link extension will be
building a bicycle lane and sidewalk improvements from
26th Avenue S to the I-5 Southbound off ramp.
Total Project Cost: $6,000,000
Grant Request: $6,000,000
Local Match: $0
Phase of Request: Preliminary Engineering & Construction
Year of Request: 2021 & 2023
Year complete: 2024
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: April 1, 2019
TO: Public Works Committee
FROM: Mike Mactutis
SUBJECT: Information Only/Howard Hanson Dam Downstream Fish
Passage
SUMMARY: The City partners with Tacoma Public Utilities on municipal water
supply from the Green River. This partnership includes access to some of the water
that is stored in the Howard Hanson Dam Reservoir during the summer.
One of the conditions of the partnership between the US Army Corps of Engineers
and Tacoma Public Utilities and its partners is that fish passage be reestablished to
the watershed upstream from the dam. Tacoma Public Utilities has completed its
work to construct a facility that moves salmon upstream past the dam, and the
Corps of Engineers is responsible for constructing a facility that will move juvenile
salmon downstream past the dam.
Following escalation of the Corps’ cost estimates for implementation of the
downstream fish passage, the Corps paused their efforts and restarted discussions
with the National Marine Fisheries and US Fish and Wildlife Services (Services)
related to the operation and maintenance of the Howard Hanson Dam.
On February 15, 2019, the National Marine Fisheries Service issued a Biological
Opinion (BiOp) about the Howard Hanson Dam operation and maintenance related
to its impacts on endangered species.
Staff will be providing an update on the BiOp, and its relevance to the city’s
municipal water supply, flood protection and environmental efforts for salmon.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure, Sustainable Services
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: April 1, 2019
TO: Public Works Committee
FROM: Rob Brown
SUBJECT: Information Only/Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zones to include:
Status of the Federal Railroad Grade Crossing Inventory update. These forms are
required to be up to date for each crossing in a Quiet Zone.
Union Pacific Railroad: Staff will report on the progress of the discussions with the
Washington State Department of Transportation for a maintenance agreement for
the Willis Street crossing.
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
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