HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 11/19/2018
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, November 19, 2018
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 November 5, 2018
Minutes
YES Chair 05 MIN.
5. Consultant Services Agreement
with Fehr & Peers, Inc. for the
TMP - Rec
YES April Delchamps 05 MIN.
6. Consultant Agreement with
Skillings Connolly, Inc. for
Operations and Maintenance Fuel
Island
YES Bryan Bond 10 MIN.
7. Downey Farmstead
Contaminated Soil Removal
Grant - Recommend
YES Matt Knox 05 MIN.
8. Downey Farmstead/Frager Road
Right of Way Establishment
YES Matt Knox 05 MIN.
9. Information Only/China National
Sword Update
NO Tony Donati 15 MIN.
10. Information Only/Quiet Zone
Update
NO Chad Bieren 05 MIN.
11. Adjournment Chair 01 MIN.
Page 1 of 5
Approved
Public Works Committee
CC PW Regular Meeting
Minutes
November 5, 2018
Date: November 5, 2018
Time: 4:00 PM
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Cheryl Viseth, Committee Secretary
Agenda:
1. Call to Order 4:00 PM
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
Cheryl Viseth Committee Secretary Present
3. Changes to the Agenda
4. Approval of Minutes dated October 15, 2018
MOTION: Move to approve the Minutes dated October 15, 2018
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
5. USGS Joint Funding Agreement
Alex Murillo, Environmental Engineering Supervisor noted that this is an
annual agreement for stream data collection as well as operations and
maintenance at six gages, in Kent. These gages provide valuable information
on stream and weather conditions, including water surface elevations, flow
levels and amounts of precipitation. The information is used for calibrating
stream flow models and increases the accuracy of city design of stormwater
flood projection models.
The gage information is available to the public real-time at
<http://waterdata.usgs.gov/wa/nwis/current?type=flow>.
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Public Works Committee CC PW Regular Meeting
Minutes
November 5, 2018
Kent, Washington
Page 2 of 5
Committee Chair Higgins voiced his displeasure with how over the past
several years the bulk of the cost for these gages have been falling to local
jurisdictions such as Kent. Higgins strongly feels that the major cost for the
gages should fall on the US Geological Survey.
MOTION:
Move to recommend Council authorize the Mayor to sign the Joint
Funding Agreement for Water Resources Investigations between the
City of Kent and the U.S. Geological Survey upon concurrence of the
language therein by the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
6. Goods & Services Agreement with Univar USA, Inc. for Water
Treatment Chemical Supply
Sean Bauer, Water System Manager noted that the City annually advertises
for water treatment supply chemicals, to ensure a consistent cost for budget
planning. Sodium Hydroxide is used in the water system as a pH adjustment
for corrosion control and required to ensure drinking water quality meets
state and federal regulations.
MOTION:
Move to recommend council authorize the Mayor to sign the 2019
Water Treatment Chemical Supply Agreement with Univar USA Inc.
for 25% Sodium Hydroxide, in an amount not to exceed $115,768.00,
subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
7. Kent Drinking Water Quality - Info Only
Sean Bauer, Water System Manager gave a brief presentation on recent
testing for lead in the city’s drinking water supply. Bauer updated the
committee on recent events in Newark New Jersey regarding the national
news stories that have come out about the level of lead in their drinking
water.
Kent’s drinking water is sampled every 3 years for lead and copper and falls
well below the action limits. If you have questions regarding lead in your
water you can call (253)856-5600 and ask for Sean Bauer.
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Public Works Committee CC PW Regular Meeting
Minutes
November 5, 2018
Kent, Washington
Page 3 of 5
8. GIS Enterprise Licensing Agreement with ESRI
Catherine Crook, GIS Supervisor noted that an Enterprise Agreement will the
GIS department to organize and give access to ArcGIS software to our users,
along with timely and expert assistance from Environmental Systems
Research Institute (ESRI).
MOTION: Move to recommend Council authorize the Mayor to sign
the Enterprise Agreement for ESRI GIS Software licensing between
the City of Kent and ESRI (Environmental Systems Research
Institute) upon concurrence of the language therein of the ESRI
Master Agreement No. 335623 and ESRI Small Enterprise Agreement,
County & Municipality Government No. 335621.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
9. Cross Connection Code Update
Evan Swanson, Water Quality Coordinator noted that the Cross-Connection
Control Plan requires purveyors to protect against contamination caused by
potential backflow, which is the undesirable reversal of flow of water from
the consumers system into the public water supply.
Summary of Code Changes:
· Chapter 7.02 has been reorganized into two parts, Part One “Water Utility
and Water Service Generally” and Part Two “Cross-Connection Restrictions.”
No substantive changes were made to the sections within Part One. They
have simply been re-structured.
· The definition section has been expanded to incorporate definitions within the
Washington Administrative Code and to specifically define other terms used
within Chapter 7.02.
· New code provisions require approved backflow preventers to be installed
based upon the assessed degree of hazard and set forth when premises
isolation is or may be required.
· New code provisions specify when approved backflow preventers must be
inspected and tested.
· The enforcement provision has been updated to expand the options available
for enforcement to include monetary penalties, water shut off, recovery of
costs, issuance of civil infractions, civil code enforcement and criminal
charges.
The amended Cross Connection Control Code was approved by the
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Public Works Committee CC PW Regular Meeting
Minutes
November 5, 2018
Kent, Washington
Page 4 of 5
Washington State Department of Commerce in September. The requirements
of the Growth Management Act in RCW 36.70A.106 have been met.
MOTION: Recommend Council adopt an ordinance that repeals and replaces
Chapter 7.02 of the Kent City Code, entitled “Water”, to re-order the chapter
and amend provisions to protect the public drinking water supply, subject to
final ordinance provisions approved by the City Attorney and Public Works
Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
10. Snow and Ice Update - Info Only
Bill Thomas, Street Manager noted that staff begins preparing for winter
snow and ice response starting in late summer and early fall, by coordinating
with adjoining jurisdictions including King County to make sure our life line
routes and Transit snow routes are identified.
· Materials are purchased in late summer or early fall; in the event we have a
prolonged snow event we are able to restock as needed
· We have three stockpile sites, two of the sites are where sanders are
loaded;
· Anti-ice material tanks located at Operations have an 8,000 capacity which
translates to about 8 loads of material. Material is ordered when we are at
less than 50% capacity. Turn-around time is about 72 hours.
· Bridges and roadways are typically pre-treated with anti-ice treatment to
prevent black ice
· Anti-icing begins when frost is in the forecast for morning commuters
· Trucks begin spraying road surfaces the night before when temperatures are
at 40 degrees or less.
Snow and Ice Routes
· First Priority Response - major connections on both east and west hills
· Secondary Roads - are attended to only after the primary roads are under
control which can take as much as 4 - 6 hours
· James Street is often closed due to its steep grade and the resources it would
require to keep it open
· Residential Collectors - are our third priority response and can take up to 24
hours for crews to respond
· Due to safety and resources we do not clear residential roads, the only
exception being for fire or police assistance
· Both the Anti-ice and Priority Route Maps are available to view on the City of
Kent website at <https://www.kentwa.gov/residents/transportation-and-
streets/snow-and-ice-response-plan>.
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Public Works Committee CC PW Regular Meeting
Minutes
November 5, 2018
Kent, Washington
Page 5 of 5
11. Quiet Zone Update - Info Only
Chad Bieren, Deputy Director / City Engineer gave a brief update on the
status of the Quiet Zone.
12. Adjournment 5:17 PM
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: November 19, 2018
TO: Public Works Committee
SUBJECT: Consultant Services Agreement with Fehr & Peers, Inc. for
the Transportation Master Plan (TMP) - Recommend
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Fehr & Peers, Inc. in an amount not to exceed $48,920, to provide
consultant services for the Transportation Master Plan Update, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: Staff began updating the Transportation Master Plan (TMP) in early
2018. Consultant services are needed to assist city staff with transportation
priorities, levels of service metrics, and model development for the TMP. In mid-
2018, staff released a request for proposals (RFP) for portions of the TMP. Two
consultants submitted proposals. After interviews with Public Works Engineering
and Economic and Community Development staff, Fehr & Peers was selected.
Additional work is anticipated in a future contract to complete the TMP process.
BUDGET IMPACT: No new impact. Budget for the TMP Update has been
established.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 5 - Exhibit (PDF)
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Fehr & Peers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Fehr & Peers, Inc. organized under the laws of the State of California, located
and doing business at 1001 4th Avenue, Suite 4120, Seattle, WA 98154, Phone: (206) 576-4220, Contact:
Kendra Breiland (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall assist with the City's Transportation Master Plan. For a description, see
the Consultant's Scope of Work which is attached as Exhibit A and B 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 March 28, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Forty Eight Thousand, Nine Hundredd Twenty Dollars ($48,920.00), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed amendment to
this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
negligent performance of this Agreement, except for that portion of the injuries and damages caused by
the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement (“Work Product”) shall
belong to and become the property of the City. Notwithstanding any provision to the contrary in this
Agreement, all rights, titles, and interests, in all materials and intellectual properties that are proprietary
to or developed prior to or independently by the Consultant outside of its performance of this Agreement,
including any part of such materials that Consultant employs in the performance of this contract, or
incorporates into any part of the Work Product, shall remain with Consultant. Consultant shall grant the
City a royalty-free, irrevocable, non-exclusive, license in perpetuity to use, disclose, derive from, and
transfer such materials, but only as an inseparable part of the Work Product. 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
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of 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:
Kendra Breiland
Fehr & Peers, Inc.
1001 4th Avenue, Suite 4120
Seattle, WA 98154
(206) 576-4220 (telephone)
(206) 576-4225 (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
Fehr & Peers - TMP 2/Delchamps
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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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Scope of Work for the City of Kent Transportation Master Plan - Phase 1
October 31, 2018
City of Kent Transportation Master Plan
Fehr & Peers Phase I Scope of Work - October 31 ,20lg
The City's Transportation Master Plan (TMP) will provide a framework to guide transportation investments
over the next 20 years in accordance with the community's transportation priorities. It will be developed
through close collaboration between City staff stakeholders and the community to help improve mobility
and quality of life.
The purpose of this scope is to outline Fehr &. Peers' involvement in Phase 1 of the TMP process. This scope
includes the development of the City's transportation priorities, level of service (LOS) policies and figures to
support the discussion of LOS options, and preparation for developing the City's new travel demand model.
The remaining components necessary to complete a TMP (including the development of the City's travel
demand model, multimodal project list, and concurrency program) will be executed in a following phase,
working towards planned adoption of the TMP by the City Council.
We understand that the next phase of the TMP process is reliant on many moving pieces. In particular, land
use assumptions and land use estimates related to the Kent Industrial Valley may have significant impact
on traffic. As such, we plan to develop and have frequent communication with City staff, and have a flexible
schedule to maximize efficiencies.
Task 0 - Proiect Management
The objective of this task is to ensure effective and efficient communication between the Consultant and
the City project team to anticipate and resolve problems and assure the project deliverables meet the
project's goals and objectives. We will be responsible for proactively managing the tasks and providing all
services and work needed to complete the project. We will communicate with the client if there is a potential
impact to the schedule due to outstanding data needs or decisions made by City Staff.
0.1 Project Kick-0ff Meeting
Attend a Project Kick-Off meeting with the project team to review and approve the allocation of project
responsibilities, discuss project goals, objectives, schedule and risks; and strategize effective ways to engage
and involve the community and stakeholders. The Consultant will develop Project Kick-Off meeting agenda
and materials, provide hard copies of all materials and a brief meeting summary including a record of all
decisions. Up to three (3) Consultant team members will attend the Project Kick-Off meeting.
0.2 Biweekly Project Team Meetings and Commun¡cat¡on
Fehr & Peers will attend biweekly project team meetings. Project team meetings are anticipated to be half-
hour check-in calls with in-person meetings scheduled as needed. The bi-weekly check in calls in this
contract are expected to occur between December 2018 and March 20L9.
Deliverables: Kickoff Meeting Agenda and moterials for all attendees. Notes summarizing the Kickoff Meeting
including list of action items. Biweekly check-in meeting notes. Monthly invoices showing the previous month's
billing by hours and tasks, and a project status report by task.
1001 4th Avenue I Suite 4120 | Seattle, WA 98154 | (2CI6) 576-4220 | Fax (206) 576-4225
www.fehrandpeers.com
Page | 1
EXHIBIT A 5.a
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Scope of Work for the City of Kent Transportation Master plan - phase 1
October 31,2018
0.3 TMP Advising
We have budgeted hours (up to $7,090) for Fehr & Peers staff to assist the City of Kent in an advisory role
as questions arise central to the process of developing a TMP. If requested to prepare materials, attend
meetings, or if additional Phase 2 scope refinements are necessary after this budget is expended, Fehr &,
Peers staff can prepare a separate scope on a t¡me and materials basis.
Deliverable: TBD.
Task I -Transportation Prioritles
Over the years, the City has undertaken a number of efforts related to transportation planning. primary
amoñg these have been the 2008 TMP and the 20L5 Comprehensive Plan. These efforts have resulted in
the identification of a variety of values, goals, and policies for transportation. The purpose of this task is to
identify a single, unified set of transportation priorities that advance the City's overall vision for
transportation. It is assumed that these priorities will set the framework for any future updates to the City's
transportation policies, including level of service and administrative policies.
While the set of priorities do not have to be final, the end goal of this task is to be able to succinctly state
four to six priorities for the City to remain laser-focused on in developing its TMP. A critical consideration
will be ensuring that the forecasting tool we develop supports tracking the City's progress on these
ídentified priorities.
Once we have defined Kent's overall priorities for mobility, we will work with the City to define what
transportation success looks like and how to measure it. In this task, we will work with the City to develop
a set of relevant performance measures.
1. I Tra nsportation Priorities Workshop
Fehr & Peers staff will lead a two-hour workshop with Kent staff (including Public Works, Economic and
Community Development, Parks, Finance, and key elected officials) to identify 4-6 priorities. During this
workshop, we will brainstorm and identify the members of the community we should engage and the best
venues to do so. Fehr & Peers will strategize with city staff on best framing for the conversation to ensure
a productive workshop.
Fehr &, Peers will produce a summary of the workshop for the project record, identifying apparent
transportation concerns, issues, and priorities to help guide the balance of the project. The City will review
the summary and provide one round of comments and recommendations.
City of Kent Staff Tasks: Reserve meeting space, invite City Staff, and porticipate in workshop.
1001 4tlr Avenue I SLrite 4120 | seattle, wA 98154 | {206) 576-4220 | Fax (206) s76-4225
wwwfehrandpeers.com
Pagc. | 2
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Scope of Work for the City of Kent Transportation Master Plan - Phase 1
October 31, 2018
Deliverables: Workshop materiols including the meeting agenda, PowerPoint slides, and meeting notes.
Comments on draft summary. Develop o brief memorendum, which summorizes the tronsportation priorities
for mobility.
1.2 0utreach Strateg[ Plan
Fehr & Peers will support City staff in developing a high-level public outreach strategy plan based on
findings from the Task 1.1workshop.
The plan will include an outline of the recommended outreach process to provide a roadmap for the public
outreach throughout the TMP. This will include when to engage the public in the TMP process, key questions
to ask at each stage, and outreach activities and channels (and may include innovative strategies for web
promotion).
Outreach will be performed as part of the second phase of the TMP, to confirm the draft
transportation priorities and potential metrics to measure progress. Results may also inform the project list.
The City will review the outreach plan and provide one round of comments and recommendations.
Deliverables: Public outreoch strategy plan.
Task 2 - Level of Servlce Metrlcs
Once the City's transportation priorities have been established, the next step is to identify the types of level
of service (LOS) measures that will reinforce these priorities. Similar to Task L, we will hold a second
workshop with staff to discuss LOS options for each mode. Then, we will summarize metrics for approval by
City Council.
2.!. LOS Workshop
Fehr 8¿ Peers staff will lead a three-hour workshop with Kent staff (including Public Works, Economic and
Community Development, Parks, and key elected officials) to identify transportation LOS metrics. This
workshop will build from the transportation priorities identified in the Task L workshop (and being vetted
with the community). Prior to the workshop, Fehr & Peers will develop maps and data that will facilitate the
discussion of LOS options, including mapping of the City's key networks for each transportation mode, the
presence of facilities (such as sidewalks), and key land uses. We will rely on data available in the City's GIS
database. This upfront work is expected to facilitate a productive discussion at the workshop. During the
workshop, Fehr & Peers will present multimodal level of seruice (MMLOS) models currently applied in other
communities, facilitate discussion of the relevance of these models in Kent given the community's priorities
and transportation system, and discuss if any of these resonate with Kent staff.
Also, during this workshop, we will present the City's priorities and performance metrics to use in tracking
the City's progress in advancing these priorities.
We will produce a summary of the workshop for the project record. The City will review the summary and
provide one round of comments and recommendations.
1001 4th Avenue I Suite 4120 | Seattle, WA 98154 | QAq 576-4220 | Fax (206) 576-42?-s
www.fehrandpeers.com
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Scope of Work for the City of Kent Transportation Master Plan - phase 1
October 31, 2018
Deliverables: Memorandum summarizing the Los workshop and related efforts.
2.2 MML0S Metrics
Based on the outcomes from the workshop in Task 2.I,Fehr & Peers will develop recommended MMLOS
standards for inclusion in the TMP. These MMLOS standards will identify the types of facilities that would
be needed to accommodate each mode of travel (pedestrian, bicycle, transit, and automobiles) and the data
needed to monitor this LOS standard.
We will develop a brief memorandum, which summarizes the LOS metrics and how they relate to state-of-
the-practice metrics. The City will review the memorandum and provide one round of comments and
recommendations.
Deliverables: Memorandum summorizing MMLOS policy recommendations, including maps of focilities.
Task 3 - Model Development Preparation
This task describes the first step necessary to develop a travel demand model customized for the City of
Kent that is also consistent with the Puget Sound Regional Council (PSRC) model. This meeting will discuss
the model's scope (for example, City roadways to include), desired scenarios (calibrated and validated base
year scenario, near-term scenario for concurrency checks, and a long-term scenario for TMP horizon year
planning), as well as the types of output data to be produced (for example, daily, AM peak hour, and pM
peak hour vehicle traffic volume forecasts).
3.1 Model Development Meeting
Fehr & Peers staff will lead a model kick-off discussion with Kent staff to determine the appropriate software
platform and model capabilities that best suit the City's needs. This meeting should be attended by at least
one person from each City department that would have any involvement in using the City's model for
ongoing planning or project work. Depending on the types of analysis and level of the complexity that the
Citywould like included in the model, different model structures (3-step or4-step) and software applications
(Emme, TransCAD, Visum, or Excel) would be appropriate.
We will facilitate the meeting to answer the following key questions:
¡ What transportation analysis metrics will be needed from this model?o How often will this model be used to answer questions related to land use planning, network
improvement projects, and private development projects?
. Who will be primarily responsible for running and maintaining this model and how would
consultants be involved in this ongoing process?
The outcome of this meeting will be direction from the City staff to the Consultant to begin model
development in the identified platform of their choice.
Deliverables: Meeting agenda, materiols ond summory.
1001 4th Avenue I suite 4120 | Seattle, wA 98154 | (206) 576-4220 | Fax (206) 576-4225
www.fehrandpeers.com
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Scope of Work for the City of Kent Transportation Master Plan - Phase 1
October 31, 2018
Exhibit A includes our draft fee proposal. Exhibit B includes our proposed timeline and responsibilities
matrix.
1001 4th Avenue I suite 4120 | seattle, wA 98154 | (206) 576-4220 | Fax QA6) 576-4225
www.fehrandpeers.com
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Exhibit A -Fehr E¿ Peers Fee for Kent TMP Phase 1
Subtotals
Notes:
This fee proposal is valÌd for a perìod of 90 days from the proposal submittal date.
Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts. the overall fee will not be
exceeded.
Mileage is bÌlled at the IRS rate plus L0% handling fee
All other direct and subconsultant expenses are billed with L0% handling fee
Other direct costs include computet communication5 and reproduction charges are billed as a percentage of labor
10L1i 4th Avenue I Si;ite 412c i Seattie, vvA 98154 t (2c6'¡ si6,4"22at, Fax (206) 576-.422 :
www.fehrandpeers.com
page I 6
FP
$ 13,s00
2,L00$
4,3L0$
7,090$
L5,760$
9,3s0$
6,4L0$
l_4,510$
8,050$
6,460$
3,180$
3,1_80$
$ +o,gso
L,970$
$ ¿s.gzo
YB
$11s
4
4
PN
$140
8
4
8
4
24
CB
$130
2
4
20
16
16
L2
70
DS
$28s
2
2
4
JP
$16s
3
2
4
8
17
KB
$2ss
3
4
L0
10
6
8
6
4
51_
Fehr & Peers
EAG
$140
6
16
24
22
16
16
L6
6
L22
Tasks
Task 0:
0.L - Kick-Off
0.2 - Bi s and CommunicationMeetin
and Sco0.3 - TMP Advisi ntDevel
Task I;Priorities
rtation Priorities#1. - Tranl-.1 - Worksho
Plan1.2 - Outreach
Task 2: Develop Multimodal Level of Service
MetricsM
#2 - LOS Metrics2.1 - Worksho
2.2 - MMLOS Metrics
Task 3: Model
ment Worksho3.1- Model Develo
Labor Total
ntinleaOther Direct nses
Total +
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City of Kent Transportation Master plan - Scope of Work
October 31, 2û18
Exhibit B - Fehr 6¿ Peers Timeline and Responsibilities Matrix for Kent TMp phase I
2019
FebJan Mar
2018
Dec
Task
Task 0: Project management
0.1- - Kick-Off Meeting
0.2 - BiWeekly Meetings and Communication
0.3 - TMP Advising &. Scope Development
Task 1: Transportation Priorities
l-.1 - Workshop #1 - Transportation Priorities
L.2 - Outreach Strategy Plan
Task 2: Develop Level of Service (LOS) Metrics
2.1 - Workshop #2 - LOS Metrics
2.2 - Memorandum - LOS Metrics
Task 3: Model Development
3.1 - Meetin
Public Outreach (ln coordination with Fp Task 1_.2)
Goals, Vision, and Policies
Legislative Process (As needed)
Responsibility
Fehr 8¿ Pèers'
Phase 1
Under Contract
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EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. 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 $1,000,000 each occurrence, $2,000,000 general
aggregate.
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EXHIBIT C (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 COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: November 19, 2018
TO: Public Works Committee
SUBJECT: Consultant Services Agreement with Skillings Connolly, Inc.
for the Operations and Maintenance Facility Fuel Island
Replacement Project - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Skillings Connolly, Inc. in an amount
not to exceed $120,000.00, for the Russell Road Operations and
Maintenance Facility Fuel Island Replacement Project, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: The City of Kent utilizes a diverse array of vehicles/equipment to
provide essential services to the Kent community. 200,000 gallons of unleaded
gasoline and 50,000 gallons of diesel are purchased each year to fuel this
equipment. By having its own fueling facility, the City purchases fuel via the
Washington State Department of Enterprise Services advertised fuel contract.
Purchasing fuel in this manor, compared to purchasing at a retail establishment,
continues to be an efficient method of doing business.
The City’s current fueling island was installed in 1988. It includes two, sub-surface,
10,000-gallon unleaded tanks and one, sub-surface, 4,000-gallon diesel tank. The
fueling tanks, pumps, and associated equipment are in need of replacement. The
replacement fuel island will include above ground fuel tanks, modernized pumps,
and a canopy.
Staff have negotiated a scope of work and budget with Skillings Connolly, Inc. Their
scope will include contract document preparation for the new fuel island and
decommissioning the existing fuel island.
BUDGET IMPACT: The Fuel Island project is a budgeted project funded through
the Capital Resources Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
RECOMMENDED BY: Tim LaPorte
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ATTACHMENTS:
1. 6 - Exhibit (PDF)
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KENT
WasHrNGroN
CONSULTANT SERVICES AGREEM ENT
between the City of Kent and
Skillings Connolly, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Skillings Connolly, Inc. organized under the laws of the State of Washington, located and
doing business at 5016 Lacey Blvd SE Lacey, WA 98503, Phone: (360) 4gI-3399, Contact: patrick Skillings(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following describedplans and/ or specifications:
The Consultant shall provide design and construction management services for a new fueling
station and abandonment (decommissioning) of the existing fueling station at the City of
Kent's Maintenance Shops located at 5821 S 240th St. Kent, WA 98032. 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, 2Ot9.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Hundred and Nineteen Thousand, Nine Hundred and Ninety-Nine Dollars and Eighty-Five
Cents ($119,999.85), for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described in Section I above, and shall
not be exceeded without the prior written authorization of the City in the form of a negotiated
and executed amendment to this agreement. The Consultant agrees that the hourly or flat
rate charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's
billing rates shall be as delineated in Exhibit B-L,B-2, B-3, E-1, E-2 and E-3.
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 thatportion 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:
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
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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.
The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
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 independenfly
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
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.
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.
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, uponproviding the other party thirty (30) days written notice at its address set forth on the signature block ofthis Agreement' After termination, the City may take possession of all records and ãata 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 t'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 oidamages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its oificers, 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.
IT IS FURTHER SPECIFTCALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A.
B.
c.
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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 madepursuant to this indemnification clause, and if that refusal is subsequently determined by a court havingjurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, theñ
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 F 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 Agreèment shall belong to an¿
become the property of the City. All records submitted by the City to the Consultant will be safeguãrded bythe Consultant' Consultant shall make such data, documents, and files available to the City upoñ the City'irequest. 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 cooperatefully with the City in satisfying the City's duties and obligations under the Public Records Àct. The City's useor 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. CfTY'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 necessaryprecautions and shall be responsible for the safety of its employees, agents, and subcontractors in theperformance 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 dãmage 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 itscontractors 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 settie any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive meansof 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 frım theparties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
CONSULTANT SERVICES AGREEMENT - 3
(Over ç20,000)
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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. Comoliance 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.
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,
//
//
//
/t
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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IN WITNESS, the parties below execute this Agreement, which shall become effective onthe 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 deemedto have applied.
CONSULTANT:
By
(signature)
Print Name:
I
(t¡tte)
DATE
CITY OF KENT:
By
(signature)
Print Name: Dana Ralph
DATE
NOTICES TO BE SENT TO:
CONSULTANT:
Patrick Skillings
Skillings Connolly, Inc,
5016 Lacey Blvd SE
Lacey, WA 98503
(360) 497-3399 (telephone)
(360) 497-3857 (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) Bs6-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent Ci Clerk
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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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, orthe presence of all sensory, mental orphysical 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,
During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
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.
For
Title:
Date:
4
5
By
EEO COMPLIANCE DOCUMENTS - 1
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CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:MINORIry AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
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, musttake 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 PIanning, parks, and public
Works Departments to assume the following duties for their respective departments,
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
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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,theundersigned,adulyrepresentedagentof
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
Kent.
(date), between the firm I represent and the City of
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
EEO COMPLIANCE DOCUMENTS - 3
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EXHIBIT A
SCOPE OF WORK
Prepared for
CITY OF KENT
SHOPS FUEL TANK REPLACEMENT
October 25,20L8
Background:
The project site is the City of Kent's Maintenance Shops located at 5821 S. 240th St. Kent, WA, immediately
east of Russell Road and south of S. 240th St. The project entails the preparation of the design documents
for a new fueling station and the abandonment (decommissioning) of the existing fueling station after the
new fueling station is operational. The CITY has decided that there will be one construction contract with
two separate Schedules included in the contracts bid documents for this project:
L. Schedule A: lmprovements for New Fuel Station
2. Schedule B: Decommissioning and abandonment of the Existing Fuel Station
This Scope of Work will also be broken down into Scope elements as they apply to development of new
aboveground fuel tanks (Schedule A) and decommissioning of underground fueltanks (Schedule B). Work
elements, such a project management, have been combined when applicable to development of both
Schedule A and Schedule B.
Skillings Connolly, lnc. (CONSULTANT) will be the prime CONSULTANT for the project
Assumptions:
r The CONSULTANïs team will consist of the following employees:
o Patrick Connolly - Project Manager
o Don LaFord - Project Engineer
o Grant Gilmore - Environmental Services
o Randy Rossow- Design Engineer
¡ The CONSULTANT's anticipated SUBCONSULTANTs for the project will include:
o HWA Geosciences lnc. - Geotechnical engineering
o Hultz-BHU Engineers, lnc.-Electricalengineering
o ESN Northwest - Vendor - geoprobe and laboratory testing
¡ Vendors will be used to supply a drill rig and equipment needed to collect soil samples and a
certified lab will be used for soil and water testing for contaminants as part of the decommissioning
ofthe existing underground fuel tanks.
. City of Kent (CITY) shall pay all required CITY and State review and permit fees directly.
o CITY shall provide to CONSULTANT a usable AutoCAD base topographical map illustrating all
pertinent site features both above and below grade in the area of the proposed work.
¡ CITY shall provide to CONSULTANT a copy of the base plan showing the planned location for the
fueling station and new above-ground fueltanks.
r The CITY is proposing four (4) new above ground 8,000-gallon tanks: three (3) tanks for unleaded
gasoline and one (1-) tank for diesel fuel.
o All meetings and work required by CITY that is not listed herein will be considered extra work.
r There is an adequate source of power to accommodate the new facilities,
o For purposes of this Agreement, the overall duration of the Project will be six months from date of
Notice to Proceed.
Project No L8184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 1 of 16
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. Construction support is not included in this scope of work.
¡ The contract may be supplemented to extend time and add budget for construction support
services.
¡ CITY will provide the CONSULTANT's project manager a written request for any extra work not
specifically included herein.
¡ Deliverables will be30% (schematic phase), 90% design andtOO% Bid Package and bid support.o CONSULTANT's assumed total hours for attendance at project meetings are shown on the Fee
spreadsheet.
o CONSULTANT's assumed total hours for addressing design comments are shown on the Fee
spreadsheet
CITY W¡ll Provide the Following:
1-. Available as-built drawings of existing site conditions
2. Number and type of Fuel Dispensers and flow requirements.
3. Location of Dispensers
4. Desired location of Propane tank
5. Traffic flow to Dispenser lslands
6. Parking layout for the balance of the site
7. ldentify added services required at Dispense lslands (i.e. windshield washer fluid, air, water,
vacuum, DEF, etc.)
8. Decision on a standby generator for stand-alone fuel or alternate emergency power.
9. Provide Division L specifications for the General Conditions
L0. Overall Project Management, approvaland direction
11. Site Surveying services as needed including pick up and detailed measurements of existing canopy
for structural engineer's use.
12. Utility locates as needed prior to soil testing and drilling.
13. lnformation on Force Main lnstallation and potential impact on New Tank and Tank Closure work.
14. Source of electrical power.
15. City will make submittals for City building permits and pay fees as required.
Change Management:
This is a time and materials contract with a not to exceed maximum without a supplement to the contract.
The level of effort for various tasks listed in the budgeted hours spreadsheet is an estimate and actual
hours may vary for each line item. The contract will be managed to the contract maximum, not the task
level budgets.
Services to be provided by CONSULTANT:
The following tasks are anticipated as part of the CONSULTANT's work for the project.
Task 1 Project Management and Coordination (Schedule A and B)
Assumptions:
Consultant will manage development of both Schedule A and Schedule B work elements under this Project
Management task.
The CONSULTANT will:
1. Provide overall project coordination and project management for Schedule A and Schedule B
throughout the design process, through Bid, Ad and Award process.
Project No 18184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 2 of 16
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2. Attend up to three (3) meetings with the CITY to review design progress. Minutes will be taken by
CONSULTANT and distributed to participants.
a. Meeting 1 will be a kick offdesign meeting,
b. Meeting 2 will be held after the schematic (30%l design phase is complete
c. Meeting 3 will be held to review 90% drawings.
3. Set up and manage project files
4. Prepare a Project Management Plan and schedule
5. Conduct periodic bi-weekly phone conferences with CITY to discuss work progress and status.
6. Provide coordination with other team members (SUBSUBCONSULTANTs), including phone
coordination meetings, and e-mails.
7. Prepare up to six (6) monthly invoices along with progress summary reports.
8. Provide coordination with utility companies for the new electric service needed for the new fuel
island.
9. Project design close-out and document management for design and bid phases of project.
Deliverables:
o Project Management Plan,
¡ Project Work Plan and
o Project schedule.
¡ Meeting Minutes
¡ Monthly lnvoices accompanied by a progress report. lt is anticipated the monthly progress report
will address:
o Scope, Schedule and Budget status;
o Work that was completed during the last month;
o Discuss issues that have arisen that may impact the design budget and/or schedule;
o Discuss any unresolved issues, or outstanding questions awaiting response;
o Provide an anticipated 30-day look-ahead of anticipated work or issues to resolve.
Schedule A - Scope of Work
Task 2 New Fuel Station Design
CONSULTANT will provide the following:
1. Conceptual overall site plan showing tanks, dispensers, traffic flow and parking based on Kent
preliminary site plan input. This plan will be submitted to the City for approval,
2. Phasing plans (new tanks & tank closure) including Contactor access area, laydown areas and
special prohibitions.
3. Permit package for submittal to City of Kent new fuel tanks, dispensers, and canopy.
4. 30 Yo design, to include:
a, City Notes
b. Existing Conditions
c. Demolition plan
d. Site Plan final
e. Drainage/Stormwater Plan and SWPPP
f. Ut¡lity plan locations
g. Propane Relocation Plan
h. Dispenser lsland Plan and Services
Project No 18184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 3 of L6
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i. Tank Protection Conceptual Plan
j. Tank Specification
k. DispenserSpecification
l. StormwaterSpecification
m. Preliminary Schedule
n. Order of Magnitude of Probable Cost Estimate to Construct for New Tank
5. The CONSULTANT will prepare the necessary permit applications and the SEPA documentation for the
new tank installation. (CITY to submit the applications to City for development review)
30% Deliverables:
o 3O% design and specifications for Schedule A
r Preliminary schedule for Schedule A
o Order of Magnitude Cost estimate for Schedule A
6. 90% design-deliverable, to include:
a. Bid package drawings
i. Symbols
ii. Site and code data
¡¡i. City Notes Final
iv. Existing Conditions
v. Demolition and Erosion Control
vi. Stormwater PIan and SWPPP
vii. StormwaterDetails
viii, Paving Plan
ix. Striping and Signage Plan
x. Tank Foundation Plan and Details
xi. Underground Fuel Piping Plan and Details
xii. Fuel lsland Arrangement
xiii. Fuel lsland Details
xiv. Fuel lsland Canopy Plan
xv. Fuel lsland Canopy Structural Details
xvi. ElectricalOne Line Final
xvii. Electrical Conduit Layout
xviii. Electrical Equipment Arrangement and Details
xix. lnventory and Access Control Equipment Arrangement and Details
b. Prepare Project Schedules (Schedule A, New tanks lnstallation)
c. Prepare Engineer Estimates of Probable Cost to Construct for Schedule A: New Tanks
90% Deliverables:
t 9O% plans and specifications for review
o Project schedules, one for New Tank installation
¡ Engineers Est¡mate of Probable Cost to Construct for Schedule A
Task 3 Geotechnical Design Services
Assumptions:
¡ Site access will be provided to Skillings Connolly, HWA and their subcontractors.
Skillings Connolly, lnc.Page 4 of 1"6 Project No L8L84
City of Kent
Soil and Water Analysis/Permitting
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o ldentification of potentially contaminated soils is not anticipated. lf contaminated soils are
encountered the CITY will be contacted for direction.
¡ Work by HWA will not include identification or evaluation of contaminants that may be present in
the soil or groundwater.
o Traffic data for design of pavement restoration will be provided to HWA by the City.
o CITY will call for utility locates prior to soil exploration.
The CONSULTANT will:
L. Provide coordination with the CITY and SUBCONSULTANT.
2. Review Geotechnical Report and supply to project structural engineer for use.
HWA will provide geotechnical engineering services in support of the proposed new above-ground fuel
tanks, canopy structure, new pump island and security wall. These services will consist of the following
subtasks.
Plan and Coordinate Field Work: HWA will coordinate with CITY and CONSULTANT to determine the
appropriate field exploration locations for proposed developments. This will include reviewing existing
information to evaluate where additional data is needed.
Conduct Site Reconnaissance and Utility Locates: Prior to conducting field exploration program, HWA will
conduct a reconnaissance of the site. This reconnaissance will be focused on identifying critical surface
features of the site and identifying the best exploration locations. During our site reconnaissance, HWA will
mark proposed boring locations and utility locates for the boring locations will be provided by the ClW.
Conduct Field Exploration: HWA proposes to drill two (2) geotechnical borings in support of the proposed
developments. This will include two (20) 20-foot borings to be advanced in the area of the location of the
fuel tanks. All exploration activities will be monitored full time by an HWA geotechnical engineer or
geologist. We expect that drilling of the proposed borings willtake approximately one (1)working day.
Generate Boring Logs and Assign Laboratory Testing: Soil samples retrieved from the borings will be sealed
in plastic bags and taken to our Bothell, Washington laboratory for further examination and testing.
Selected soil samples will be tested to determine their engineering properties. These tests will include
natural moisture content and grain size analysis. Soil information will be presented on summary boring logs
that will be generated upon completion of our exploration program.
Pavement Restoration Recommendations: HWA will perform analyses to provide a design pavement
section recommended for pavement restoration within the maintenance yard. Our engineering analyses
will be based on traffic data provided by the CITY.
Generate Draft and Final Reports: Ourfindings and recommendations will be presented in a draft
geotechnical report. Upon receiving review comments, HWA will finalize and stamp the report.
Deliverables:
¡ CONSULTANT will provide CITY with a hard copy of Draft and Final Geotechnical Report
Task 4 Structural Engineering Design Services
Assumptions:
Skillings Connolly, lnc.Page 5 of L6 Project No 18L84
City of Kent
Soil and Water Analysis/Permitting
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Firm will identify a pre-designed canopy structure (e.g. Precision Canopy)
Task:
1-. Review structural design and plans and estimate prepared by structural engineer of pre-designed
structure and define equivalent.
Task 5 Electrical Engineering Design Services
The CONSULTANT will:
1, Provide coordination with the CITY and SUBCONSULTANT.
2. Review structural design and plans and estimate prepared by Skillings Connolly
HultzlBHU Engineers, lnc. will:
o Provide electrical engineering, design, construction drawings, technical specifications, and
construction cost estimates for the electrical systems. Mechanical and fuel tank design and the
water service design shall be responsibility of Skillings Connolly. Electrical design shall include
power, lighting, and fueling control systems within the footprint of the fueling station, back-up
power supply for fuel pumps and emergency lighting, and electrical service to the utility point of
connection. Security and communications pathway rough-in shall be designed to an onsite interface
location designated by the CITY. The fuel management and control system to be used shall be
designated by the CITY.
¡ Design Phase: One set of documents shall be provided for each submittal phase (30%, 9OTr, Final,
and Permit Phase) suitable for reproduction and distribution by CONSULTANT's office.
SUBCONSULTANT work include field investigation, attendance at appropriate coordination
meetings, and preparation of electrical energy code forms.
Schedule B - Scope of Work
Task 6 Underground Storage Tank (UST) Decommissioning
Introduct¡on
CITY, pursuant to the direction received from the scoping meeting, desires the tank decommissioning to be
included in the contract for the new tanks, but as a separate schedule, Schedule B. The decommissioning of
the existing UST will include soils testing and analysis for potential contaminated materials, which includes
analysis of both soils and groundwater samples taken at the existing UST location. A comparison of the
containment levels to MTCA Method A Cleanup Standards will be made and required permitting for
decommissioning through the Department of Ecology (ECY) will be provided. The work will also include the
preparation of the design, details, specifications and estimate for the tank extraction and site restoration,
Project Assumptions:
o Soil and groundwater samples will be collected using a geoprobe with use of an air-knife to avoid
utility impacts.
¡ Collected samples will be analyzed for NWTPH-Dx+x (diesel range- extended) and BTEXEPA 8021
(unleaded).
o Laboratory anal¡ical results will be compared to the Model Toxics Control Act (MTCA) "Method A
Cleanup".
Project No 1.8184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 6 of 16
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A SEPA document with the necessary attachments will be prepared in accordance with the City of
Kent guidelines. The CITY will submit the documents for review and approval.
Task 6.1- Sample Collection and Reporting
Assumptions:
o Geoprobe borings will be advanced at four (4) distinct locations.
¡ Discreet soil sample and groundwater samples will be collected from each boring.
¡ Groundwater samples will be collected at the groundwater interface.
¡ ESN Northwest will conduct each boring. ESN Northwest will utilize an air-knife in order to avoid
impacts to encountered utilities.
o Each boring will be decommissioned and sealed using clay bentonite as per ECY guidelines.
o Collected samples will be maintained on ice through delivery to the laboratory.
¡ CITY will conduct all coordination and correspondence with ECY regarding the results of laboratory
ana lysis.
¡ CONSULTANT will provide oversight and review of field sample collection and comparison of results
to cleanup standards.
o lf contaminants are present within the soils and exceed MOTA cleanup levels, an additional
supplement for a cleanup plan and associated work for cleanup for contaminated soils will be
provided in a new scope and budget.
Task Description:
L. CONSULTANT will develop a Sample Analysis Plan (SAP) which will include logistics for site
prepa ration, plan ning, scheduling and procedures.
2. CONSULTANT will collect soil and groundwater samples from two (4) distinct borings. Collected
samples will be delivered to ESN Northwest's laboratory for analysis, following method NWTPH-
Dx+x (Diesel range-extended) and BTEXEPA (unleaded). A Chain-of-Custody will be completed for
all collected samples, from point of collection to laboratory delivery.
3. CONSULTANT will prepare a Technical Letter describing sample collection methodology, analytical
results, and a description comparing sample results to MTCA Cleanup levels.
4. CONSULTANT will complete the required UST decommissioning documentation for ECY and CITY,
this includes:
a. 30-Day Notice for Underground Storage Tanks (ECY 020-95)
b. Permanent Closure Notice for Underground Storage Tanks (ECY 020-94)
c. Site Check/Site Assessment Checklist for Underground Storage Tanks (ECY 010-158)
Decommissioning (tank removal) procedural document with accompanying engineered drawings. (see task
below).
Deliverable:
r Four (4-6) discreet soilsamples.
¡ Four (4-6) discreet groundwater samples.
¡ Chain-of-CustodyRecord.
o Memo detailing sampling collection.
o Technical letter
o 30-Day Notice for Underground Storage Tanks (ECY 020-95)
o Permanent Closure Notice for Underground Storage Tanks (ECY O2O-94)
¡ Site Check/Site Assessment Checklist for Underground Storage Tanks (ECY 010-158)
Task 6.2 - Preparation of Plans and Specificat¡ons for Decommissioning
a
Skillings Connolly, lnc.Page 7 of 16 Project No 1-8184
City of Kent
Soil and Water Analysis/Permitt¡ng
6.a
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L. The CONSULTANT will prepare a conceptual (3O%l site plan and details for decommissioning the
existing Tank, including the demolition and site restoration.
2. Prepare draft specifications for the tank decommissioning.
3. Prepare draft Stormwater Pollution Prevention Plan (SWPPP)
4. Prepare ROM Engineers Estimate of Probable Cost to Construct the decommissioning
5. Submit to CITY for review
Deliverable:
o 30% plans
o Draft Specifications
o ROM Engineers Estimate of Probable Cost to Construct
Task 6.3 - 90% PS&E for Tank Decommissioning
t. Upon receipt of the CITY'S 30% review comments, the CONSULTANT will complete the PS&E for the
removal of the tanks, including special details for excavation and backfill, pavement restoration and
site work.
2. Finalize the SWPPP
3. Prepare 90% Engineer's Estimate of Probable Cost to Construct (Schedule B)
Task 7 SEPA Checklist
Assumptions:
¡ The CITY requires a SEPA Application for the proposed UST decommissioning and proposed
installation of above ground fuels storage tanks.
o The SEPA Application will be reviewed by the project management team for final comments before
submittal to the CITY.
¡ The CONSULTANT will submit the final SEPA document to CITY for review.
Task Description:
1. CONSULTANT will complete the SEPA Application in accordance with the CITY requirements
Deliverable:
2. SEPA Application
Task 8 Bid Package Specifications, Final Construction Estimates, & Anticipated Construction Schedules
(Schedule A and B)
Assumptions:
Preparation of the bid package specification and estimate will include both Schedule A and Schedule B
elements, clearly defined by Schedule A and B.
Task Description:
7. The following Bid package Specifications per WSDOT Format will be provided
a. Division 1 General Conditions Kent Standard edited to suit project
b. Division 2 Earthwork and Existing Conditions - demolition
c. Division 3 quarry materials (Foundations)
Skillings Connolly, lnc.Page 8 of L6 Project No 18184
C¡ty of Kent
Soil and Water Analysis/Permitting
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d. Division 4 Bases (paving replacement subbase)
e. Division 5 Paving (paving replacement)
f. Division 6 Structures (canopy)
g. Division 7 drainage (stormwater)
h. Division 8 Miscellaneous (pavement marking and signage)
i. Division 9 Materials (Aggregates, rebar, concrete, expansion joints, masonry, electrical, power,
conduit, Lighting, and communications)
j, Division 10 Special
i. Fire protection
¡i. Plumbing
iii. Fueltanks
iv. Fuel dispensing equipment and pumps
v. Fuel lnventory, leak monitoring and access control systems
vi. Systems Commissioning
2. Two Project Schedules, one for the new tanks and one for the tank decommissioning)-deliverable
3. Two Engineers Estimates of Project Cost (Schedule A: New tanks & Schedule B: Tank closures)
4. Submit the specifications, estimates and schedules to CITY for review.
5. Revise Specifications, Estimates and time Schedule per CITY's review comments.
Deliverables:
¡ Project specifications for two project Schedules
¡ Final Construction Cost Estimates for two project Schedules A and B
o Anticipated construction schedules for two project Schedules A and B
Task 9 IOO%Bid Package and Procurement Support (Schedule A and B)
The following applies to the lmprovements for New Fuel Station project, Schedule A:
t. 100% Bid package-deliverable
2. lnclude review comments in the above 90% documents and issue in electronic format for bidding
contract plans and specifications.
3. Procurement support
4. Respond to bidders' questions as requested by CITY. Participate in a Pre-bid conference at Public
works
The following applies to the Decommissioning of the UST contract, Schedule B:
L 100% Bid package-deliverable
2. lnclude review comments in the above 90% documents and issue in electronic format for bidding
pla ns a nd specifications.
3. Procurement support
4. Respond to bidders' questions as requested by CITY
5, Participate in a Pre-bid conference at CITY site.
Task 10 Additional Services to be Added by Contract Supplement (Schedule A and B)
1. Construction Phase Support:
¡ Not lncluded. To be authorized as needed
Skillings Connolly, lnc.Page 9 of 16 Project No L8184
City of Kent
Soil and Water Analysis/Permitting
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2. Construction Management and inspection
o Not included. To be authorized as needed.
3. Commissioning
¡ Not included. To be authorized as needed.
END SCOPE OFWORK
Prepared by: Patrick Skillings, PMP
Reviewed by: Thomas Skillings, PE
LO/1912078
10/ts/2018
Skillings Connolly, lnc.Page 10 of 15 Project No 18184
City of Kent
Soil and Water Analysis/Permitting
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18184
CITY OF KENT
SHOP FUEL TANK S REPI.ACEMENT
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TASX *TASK DESCRIPTION
I PROJECT MANAGEMENT AND COORDINANOAI
Schedule A and Schedule I
1
Provide overall project coordination and project
management through the design process, through Bid,
Ad, and Award process.
4 I 4
2
a Meet¡ng 1 - kick-off design meeting.4 4 4
b
Meeting 2 - to be held after the schematic (30%) design
phase is complete.4 4
(Meetins 3 - review 90% desisn olans.4 4
3 set-up and manage prolect files.2
4 Prepare a Project Management Plan and schedule.3
5
Conduct per¡od¡c, min¡mum of bi-weekly phone
conferences with Client to discuss work progress and 2 2
6
Provide coordination w¡th other team members
(subconsultants), including phone coord¡nation,
meetings, and emails.
2
7
Prepare up to s¡x (6) monthly invo¡ces along with
ptogress summary reports,4
I Provide coordinat¡on with utility companies for the new
electric service needed for the new fuel island.(hultz)2
9
Project design close-out and document management
for design and b¡d phases of project.2 2
SCHEDUTE A
2 NEW FUEL STATION DESICN
T
Conceptual overall site plan showing tanks, dispensers,
traffic flow, and parking based on Kent preliminary s¡te
plan input. Theplan will besubmittedto thecityfor
approval.
8 I
2
Phasing plans (new tank & tank closure) including
Contractor access area, laydown areas, and special
provisions.
2 L 8
3
Permit package for submittal to City of Kent new tanks,
dispensers, and canoÞv.2 8 8
4 30% Design:
ä C¡ty Notes 2 I
b Existing Conditions 2 4
c Demolition Plan L 4 I
d Site Plan Final 2 I
e Drainage/Stormwater Plan 2 4
I Utility Plan Locations 2 I
E Propane Relocat¡on Plan 1 4
h Dispenser ¡sland Plan and Services 2 t6
fank Protection Conceptual Plan 2 8
Iank Specificat¡ons 4 8
k Dispenser Spec¡fications 2 8
Stormwater Specifications 2 8
m Preliminary Schedule 4
n
Order of Magnitude Cost Estimate for New Tank and
Tank closures 2 8
5
Prepare the necessary permit applications and the SEPA
documentation for the new tank installation. (Client to
submit the applications to City for development rev¡ew.
2 16
EXHIBIT B-1
CONSUTTANT COST COMPUTATION - MAN-HOURS
Project No 18184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 11 of L6
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18184
CITY OF KENT
SHOP FUEt TANK S REPTACEMENT
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TASK I TASK DESCRIPTION
6 90% Design=deliverable to include:
a Bid Package Drawings 2 2
Symbols I 2
il Site and Code Data L 4
ilt City Notes Final L 4
IV Existing Cond¡t¡ons L 2
Demolition and Erosion Control L 2
vt Stormwater Plan 2 8
vil Stormwater Details 2 8
VIII Paving Plan 7 I
tx Striping and Signage Plan T 4
x Tank Foundation Plan and Details I 4
XI Underground Fuel Piping Plan and Details 4 16
xil Fuel lsland Arrangement 2 8
xilt Fuel lsland Details 2 T6
xtv Fuel lsland Canopy Plan 2 4
XV Fuel lsland Canopy Structural Details (pre-designed)0 0
xvt Electr¡cal One Line Final (see Hultz BHU)L 7
xvÍ Electrical Condu¡t Layout (see Hultz BHU)2 L
xvilt Electrical Equipment Arrangement and Details (BHU)2 2
xtx
lnventory and Access Control Equipment Arrangements
and Details 4 2
b
Prepare Project Schedule (Schedule A, New Tanks
lnstallation).4 4
c
Prepare Engineer's Est¡mate of Probable Cost to
Construct for Schedule A: New Tanks.4 L6
3
GEOTECHNICAL DESIGN SERVICES - to be performed
by HWA GeoSciences, lnc.
T
Provide coordination with City and HWA Geosciences,
lnc.2
2 Review Geotechnical Report 2
4 STRUCTURAT ENGINEERING DESIGN SERVICES - Pre-
designed
7
ldentify pre-design canopy manifacturer and or
equivilant 2
5
ELECTRICAT ENGINEERING DESIGN SERVICES - to be
performed by Hultz I BHU Êngineerins, lnc.
1 Provide coordination with City and H ultz I BH U.4
2
Rev¡ew electrical and plans and estimate prepared by
Hultz I BHU Engineering, lnc.2 4
Skillings Connolly, lnc.Page 1"2 of L6 Project No L8L84
City of Kent
Soil and Water Analysis/Permitting
6.a
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18184
CITY OF KENT
SHOP FUEt TANK S REPTACEMENT
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TASK ü TASK DËSCRIPTION
SCHEDUTE B
6 UNDERGROUND STORAGE TANK (UST) REMOVAT OT
EXIST]NG FUETING STORAGE TANK
6.1 SAMPTE COITECTION & REPORTING
1
Develop a Sample Analysis Plan (SAP) which will include
logistics for site preparation, planning, scheduling, and
procedures.
4 76
z
Collect soil and groundwater samples from two (2)
distinct borings. Collected samples will be delivered to
ESN Northwest's Laboratory for analysis, following
method NWTPH=Dx-x (Diesel range-extended) and
BTEXEP{A (unleaded). A Chain-of-Custody will be
completed for all collected samples, from point of
collection to laboratory delivery.
8
3
Prepare a Technical Letter describing sample collection
methodology, analytical results, and a description
comparing sample results to MTCA Cleanup levels.
4 72
4
Complete the required UST decomm¡ssioning
documentation for the Depãrtment of Ecology that
includes:
2 4
a
30-day Notice for Underground Storage Tanks (ECY 020-
es)1 L 4
b
Permanent Closure Notice for Underground Storage
Ianks (ECY 020-94).1 2 4
c
Site Check/Site Assessment Checklist for Underground
Storase Tanks (WCY 010-158)T 1 4
d
Decommissioning (tank removal) procedural document
with accompanving enÊineered drawings.2 2 4 8
6.2 Preparat¡on of Plans and Specifications for
Decommissioning
1
Prepare a conceptual (30%) site plan & details for
decomm¡ssioning the exist¡ng tank, including
demolition and site restoration.
2 8
2
Prepare draft specif¡cations for the tank
decom missioning.4 4
3 Prepare draft Stormwater Pollut¡on Plan SWPPP 8
4
Prepare ROM Eng¡neer's Estimate of Probable Cost to
Construct the decommissioning.2 8
5 Submit to Client for review.1 2
6.3 90% PS&E for Tânk Decomm¡ss¡oning
7
Upon Receipt of Client's 30% review comments, the
Consultant will complete the PS&E for the removal of
the tanks, including specìal details for excavation and
backfill, pavement restorat¡on and site work.
4 8
2 Finalize SWPPP 2
3
Prepare 90% Engineer's Estimate of Probable Cost to
Construct (Schedule B).
1 4
7 SÉPA ENVIRONMENTAT CHECKTIST APPTICATION
1
Complete the SEPA Application in accordance with the
Clty of Kent requ¡rements.2 16
Project No 18184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 1.3 of 16
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18184
CITY OF KENT
SHOP FUEL TANK S REPIACEMENT
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TASK #TASK DESCRIPTION
SCHEDUIE A and Schedule B
8
Bf D PACKAGE SpECtFtCATtONS, FTNAL CONSTRUCÍtON
ESTIMATES & ANTICIPATED CONSTRUCTION SCHEDUTE
L
The following Bid Package Specifications will be
provided in WSDOT Format.8
a
Division 1 - General Conditions Kent Standard edited to
suite project.2
b
Division 2 Earthwork and Existing Conditions
Demol¡t¡on.1
c Division 3 Quarry Materials (Foundations).7
d Division 4 Bases (Paving Replacement Subbase).1
e Division 5 Paving (Paving Replacement).L
f Division 6 Structures (Canopy)2
g Division 7 Drainage (Stormwater)1
h
Division 8 Miscellaneous (Pavement Marking, and
Signage).7
i
Division 9 Materials (Aggregates, Rebar, Concrete,
Expansion Joints, Masonry, Electr¡cal, Power, Conduit,
Lighting, and Communication).
2
Division 10 Special
i-Fire Projection.2
i-2 Plumbing 2
j-3 Fuel Tanks 4
i-4 Fuel Dispensing Equipment and Pumps.4
¡-5
Fuel lnventory, Leak Monitoring, and Access Control
Systems (Holtz)2
i-6 Systems Com missioning.4
2 Two Project Schedules (New Tanks & Tank Closures)2
3
Two Engineer's Estimate of Project Cost (New Tanks &
Tank Closures)4 4
4
Submit the Specifications, Estimates, and Schedule to
City for review.1 2
5
Revise Specificat¡ons, Estimates, and Schedule per C¡ty
review comments one t¡me.4
9 LOO% BID PACKAGE AND PROCUREMENT SUPPORT
1 1.00% Bid Package-deliverable.4 4
lnclude review comments in the above 90% documents
and will be issued in electronic format for bidding
contract plans and specifications.
2 Procurement Support L
3 Respond to Bidder's questions as requested by City 2 4
4 Partic¡pate in a pre-bid conference at City 2 0
10 CONSTRUCTION SERVICES WILT BE ADDED BY
CONTRACT SUPPLEMENT
HOURS PER DISCIPLINE 4 27 L92 47 88 330
Project No L81-84
City of Kent
Soil and Water Ana lysis/Permitt¡ng
Skillings Connolly, lnc.Page L4 of 16
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EXHIBIT B-2
CONSULTANT COST COMPUTATION - SUMMARY
Classification Man Hours x Rate Cost
PRI NCI PAL-I N.CHARGE
PROJECT N/ANAGER
PROIECT ENGINEER
5R ENVI RONMENTAL SCI ENTIST
STATF SCIENTIST
ENGINEER
4
27
792
47
88
330
688
x
x
x
x
x
x
521.9.78
s188.s9
s139.s9
s108.s2
$g¡.ss
51.02.46
s879.12
ss,092.0s
526,801.19
ss,100.60
s8,232.8 1
s33,813.34
Total Hours =Total NHR
Mileage
Miscel laneous Expenses
300
s 101.2s
x
x
s0.s4s s163.s0
s101.2s
Total Expenses=
$gBCo fllsutrArut co$i (qe e I Fih¡fr iti Elj : I i ! i ! i | : I i i i i i i : i i i ; . i i : ' :
HWA Geosciences, lnc.
Hultzl BHU Eng¡neers, lnc.
ESN Northwest
s1s,096.00
s19,600.00
ss,120.00
x
x
x
o%
0%
o%
s1s,096.00
s19,600.00
ss,120.00
Total Subconsultants
Sub Totel
Schedule A
Schedule B
s88,452.43
s31,,s46.42
GRANDTOTAT
PREPARED BY: PatricK SKiI PMP DATE: t0/25/2O18
REVIEWED BY: Thomas E. Skillines, PE DATE: 70/25/2078
Skillings Connolly, lnc.Page 15 of L6 Project No L8184
City of Kent
Soil and Water Analysis/Permitting
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EXHIBIT B-3
CONSULTANT COST COMPUTATION - EXPENSES
Item Description Basis Quantitv Rate Total
L Telephone Month So.oo
2 Auto Rental Each So.oo
3 Lodging Day So.oo
4 Per Diem-Meal Day So.oo
5 Photo Copies - Blk & White Each 100 s0.10 s10.00
6 Photo Copies - Color Each 25 So.¡s Ss.zs
7 Half Sized Prints Each 15 s0.s0 s7.s0
I Full Sized Prints Each So.oo so.oo
9 Postage Month So.oo
10 Shippine Month So.oo
11 FAXs Each So.oo
1.2 M iscellaneous Pro¡ect Costs Month 2 Sso.oo s7s.00
13 M iscellaneous Survey Costs Estimated So.oo
74 Traffic Control Estimated So.oo
Total Miscellaneous Expenses s101.2s
Mileage Per Mile 300 0.545 s 163.s0
Total Expenses 5264.7s
Skillings Connolly, lnc.Page 16 of L6 Project No 18L84
City of Kent
Soil and Water Analysis/Permitting
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Act¡v¡ty
NEW FUEL TANKS & ISLAND
lnit¡al meet¡ng & site layout by pW
CAD File set-up
S¡te bo.¡nE requ¡rements
Geotech borings
Foundat¡on Design (tanks & ¡sland)
Storm Water des¡gn
Fuel p¡p¡ng design
30% Des¡gn and Submìt to C¡ty
Draft Geotechnical Report
SEPA Checkl¡st
Public Works Rev¡ew
Draft and Submit permits to City
F¡nal Geotechical Report
Draft 5pec¡fications
Rev¡ew Mod¡fy General condit¡ons
Estimate preparation
Construction Schedule
Complete Tank storm water, ¡sland CAD
90% subm¡ttal/Public works Review (includes SWppp)
lncorporate Public works Comments
lssue B¡d Package to Public Works
Permit issued by C¡ty
Cont¡ngency
ÊXISTING TANK CLOSURE (assume no Contaminat¡on)
wk1
ln¡t¡al meeting w¡th PW for coordinat¡on X
F¡eld sampling/Geoprobe
Ewluate test ¡eports
Samplìng Report
CAD file of exist¡ñg rank (by PW)
CAD dÞwìngs for tênk removal & backf¡ll
Submit 30% Plans to City
Draft and Submit permits to C¡ty
Spec¡ficêtions for Tank Closure
Review Modify General Conditions
Complete tank closure drawings
Est¡mate Preparât¡on
Decommiss¡on Schedule
90% submittal/City Review (tncludes SWPPp)
lncorporate Public works Comments
lssue Bid Packag€ to Pqbl¡c Works
Permit ¡ssued by City
Contingency
Note: ¡f Contåmination found
Add 4 weeks for added bor¡ngs/testing
Add 2 more week5 for remed¡atÌon plan
wk1 wk2 wk3 wk4 wks wk6 wk7 wk8 wkg wklo wk11 Wk12 Wk13 Wk14 Wkls Wk16 Wk17 wk18
X
X
XX
x
x
XXX
X
x
x
x X
wk2 wk3 wk4 wk5 wk6 Wk7 Wk8 Wk9 Wklo Wk11 Wk12 Wk13 Wk14 Wkls Wk16
x
X
X x
X
x
X
x
X
x
X
X
X
x
x
x
X
X
x
x
x
x
X
x
x
X
X
X
X
X
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x
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x
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X
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X
X
X
x
X
x
x
City of Kent Fuel Tank Decom and lnstall 70/79/!8
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EXHIBIT E-1
SUBCONSULTANT COST COMPUTATION - SUMMARY
Ð\ml FIWAGEOSCIENCES INC.
Ceotechnical & Parcnent Ëngineering , Hydrogeologl' 'Ceoenyironntental , Inspection & Testing
October 2,2018
HWA Project No. 2018-P132-21
Skillings Connolly, Inc.
5016 Lacey Boulevard SE
Lacey, Washington 98503
Attention: Patrick Skillings
Subject Geotechnical Engineering Services
Kent Fuel Station
Kent, Washington
Dear Mr. Skillings;
In accordance with your request, HWA GeoSciences Inc. (HWA) is pleased to present this scope of work
to provide geotechnical engineering services for a new fueling station at the City of Kent's maintenance
yard located at 5821S 240'h Street in Kent, Washington.
PROJECT UNDERSTANDING
We understand that the City of Kent will be installing four (4) new 8,000-gallon above-ground fuel tanks
near the southeast corner of the maintenance yard. Installation of the new fuel tanks will require
foundation design for the tanks, integrated fuel dispensing system, and a new canopy structure. An
ecology block enclosure with liner will be used for spill containment. To complete the geotechnical
portions of this work, HVy'A proposes the following scope of work for this project.
GEOTECHNICAL ENGINEERING SERVICES
HWA will provide geotechnical engineering services in support of the proposed new above-ground fuel
tanks, canopy structure, new pump island and security wall. These services will consist of the following
subtasks.
a Plan and Coordínate Field úI/ork: HWA will coordinate with City of Kent and Skillings
Connolly, Inc. to determine the appropriate field exploration locations for proposed
developments. This will include reviewing existing information to evaluate where additional
data is needed.
21312 30'h Drive SE
Suite I l0
Bothell, WA 98021-7010
Tel. 425.774.0106
Fax: 425.774.2114
www.hwageo.com
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October 2,2018
HWA Project No. 2018-P132-21
a Conduct Site Reconnaissance and Util¡fy Locøtes: Prior to conducting our field exploration
program, HWA will conduct a reconnaissance of the site. This reconnaissance will be
focused on identifying critical surface features ofthe site and identifying the best exploration
locations. During our site reconnaissance, HWA will mark proposed boring locations and
utility locates for the boring locations will be provided by the City of Kent.
Conduct Field Explorøtion: HWA proposes to drill two (2) geotechnical borings in support of
the proposed developments. The borings will be advanced within the footprint of the fuel tanks
o
All exploration activities will be monitored full time by a HWA geotechnical engineer or
geologist. We expect that drilling of the two (2) proposed borings will take approximately one
(1) working day.
Generate Boring Logs and Assign Løboratory Testíng: Soil samples retrieved from the borings
will be sealed in plastic bags and taken to our Bothell, Washington laboratory for further
examination and testing. Selected soil samples will be tested to determine their engineering
properties. These tests will include natural moisture content and grain size analysis. Soil
information will be presented on summary boring logs that will be generated upon completion of
our exploration program.
Generate Draft ønd Final Reports: Our findings and recommendations will be presented in a
draft geotechnical report. Upon receiving review comments, HWA will finalize and stamp the
report.
Project and Contrøct ManagemenL' HWA will prepare monthly invoices, and progress
reports, if required, and correspond with the design team on a regular basis.
ASSUMPTIONS/CONDITIONS
The following assumptions were made as part of the development of the proposal for this work:
. Site access will be provided to HWA and their subcontractors.
. Any required permits will be provided at no cost to HWA.
. Our scope does not include identification nor evaluation of contaminants that may be present in
the soil or ground water.
BUDGET
We estimate that the scope of services described herein will require a budget of $15,096. A breakdown of
these costs is presented on the attached project cost estimate spreadsheet. We will not exceed the above
cost estimate without your prior authorization. However, if during the evaluation of the available data or
during our field explorations, unanticipated subsurface conditions are revealed which would require a
level of effort beyond the scope of our study, we will contact you immediately to discuss any necessary
modifications to our scope of services and/or budget.
a
a
a
2Kent Fuel Station.docx HWA GeoSciences Inc
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October 2,2018
HWA Project No. 2018-P132-21
HWA reserves the right to transfer hours and budget dollars between tasks, labor and direct costs within
the overall budget, as necessary to satisfy project requirements.
Thank you again for the opportunity to provide this proposal. Should you have any questions regarding
this proposal, or require additional services, please contact us at your convenience.
Sincerely,
HIVA GEoSCIENCES INC.
Zakeyo Ngoma, P.E.
Geotechnical Engineer
Encl.: Project Estimate
3Kent Fuel Station.docx HWA GeoSciences Inc
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PROJECT COST ESTIMATE
GEOTECHNICAL SERVICES
Kent Fuel Station
ll¡$l rmcoacnNcrsrNc
HrüA Ref.: 2018-P132-21
Date: 17-Sep-201E
Revised Date: 2-Oct-201t
Prepared By; ZIt{K€nt' lrvæhington
PROPOSED SCOPE: See ¡nached ScoIrc Document
LABOR:
LABORATORY TESTING ESTIMA
Total
Cost
$l 65
$750
$80
$400
$1,39s
Unit Test
Cost $/each
sl 65
s750
s20
sl00
Est. No.
Tests
I
4
4
TEST
Atterberg Limits
One-Dimmsion Consolidation Test
Natural Moisture Content
Grain Size Analysis (Sieve Analysis Wet)
LABORATORY TOTAL:
ESTIMATED
$9.91 i
$9,91s
Iot¿l Labo¡ Cost
TOTAL LABOR:
ESTIMATED DIR"ECT EXPENSES:
s36
$ 1,395
s3.750
s5.181
Vlileage
Laboratory Testing
Drilling Subco¡tracto. Cosr
f,STIMATf,D DIR,ECT EXPENSES TOTAL:
ESTIMATf,D PROJECT TOTALS FOR PIIASE 2:
s9,91 5
$5,18t
st5-096
iabo¡ Cosr
)ired Expenses
TOTAL ESTIMATED COST FOR PROJECT:
Assumptions:
1. Allhou¡sædiæmsaeestimated,ædmaybeincreasedordecresedwithinthelimitsofthetotalbudgetatthedisc¡etionoftIWA'sprcject
ma¿ger. ThelfwAprcjectmmagermayalrctrmsferfundsallæatedfordirectcoststoprofessional/tæh¡icalhours,mdvice-ven4asneeded
to mæt the demmds of the prcject.
2. Drill cuttings generated during our explontions will be drummed dd exponed.
3. Applicable pemitlapproval of exploraúon plm for drilling the proposed borings will be provided by City of Keft at ¡o cost to !lwA.
evaluation of contaminants that may be presmt in the soil or g¡ound water is included in this scope ofwork.
5. We assume that the eea to be explored will be cleaed ofequipmen æd othe¡ mate¡ial so that we cd acçess with our üack-mounted drill rig-
TOTAL
LABOR
s1.095
$s95
s3.250
s2.28s
s935m
$ 1.350
TOTAI-
HOURS
l0
5
24
l6.s
6.5m
9
PERSONNEL AND 2OI8 HOURLY RATES
Clerical
s7s.00
I
I
CAD
s120.00
-
05
0.5
Geolosist V
sl 30.00
1
1
Geotæhnicål
Engineer I
s105.00E
I
9
3
l0
4
E
Geotechnicål
Eneineer lV
sl 50.00
2
t2
8
4
9
Geotechnical
Eneineer VI
s200.00E
2
2
IE
WORKTASK
DESCzuPTION
ad
Conduct Field Exploration (æsme 2 borings)
Gensate Boring Logs od Assig Laboratory Testing
Engineering Analysis
Generate Draft Geotecbnical Repofi
Add¡ess Review ComÐts Ðd Finâliæ
HWA Budget Estimate.xlsx HWA Geosc¡ences lnc.
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HuLrzH BHU
engine ers inc
october 1,6,2018
Skillings Connolly lnc.
5016 Lacey Boulevard SE
Lacey, WA 98503
Attention:
Subject:
Patrick Skillings
City of Kent - Fuel Tank Replacement Project
Engineering Fee Proposal
Patrick,
Thank you for this opportunity to work with you on this project; this proposal is for electrical
engineering services.
Proiect Description
Provide demolition of an existing vehicle fueling station to include two underground fuel tanks. Provide
new vehicle fueling station and above ground fueltanks at an alternate location on same site.
New work shall include (4) 8,000 gallon fuel tanks, (4) duel fuel dispensers, fuel pumps and associated
fuel piping, water service, vacuum canister and compressed air for each fuel island, small building to
house the air compressor and electrical systems (power, control, fuel management and monitoring), fuel
island canopy with lights, dedicated electrical service with backup generator power, and service conduit
pathway in for security and communications systems. Existing City generator and air compressor shall
be used for backup power and compressed air services to the fuel island.
Scope of Services
Provide engineering, design, construction drawings, technical specifications, construction cost
estimates, and construction support services forthe project's electricalsystems. Electricaldesign shall
include power, lighting, and fueling control systems within the footprint of the fueling station, standby
generator, and electrical service to the utility point of connection. Security and communications
pathway rough-in shall be designed to an onsite interface location designated by the Owner, The fuel
management and control system to be used shall be designated by the Owner.
Design Phase: One set of documents shall be provided for each submittal phase (SD, DD, CD, Permit,
and Final) suitable for reproduction and distribution by your office. Our work includes field
investigation, attendance at one (1) coordination meeting with the City, and electrical energy code
forms.
Bid Phase: Review of electrical substitution requests, respond to contractor questions, and prepare
mechanical and electrical items to be incorporated into addenda issued by Skillings Connolly.
Construction Phase: Not included at this time.
1 11 '1 Fawcett Avenue, Suite 100 . Tacoma, Washington 98402
T253.383.3257 . F 253.383.3283 o general@hultzbhu.com
Proposed Fee
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' li"t, LÅ/I Irt.'
October t6,2018
Skillings Connolly
City of Kent - Fuel Tank Replacement Project
Engineering Fee Proposal
Page 2
We propose to provide the services described above on a time and materials basis (except where noted
otherwise), as follows:
Design Phase - Electrical $ 18,750
Bidding Phase - Electrical S 600
Reimbursable Allowance (Printing) S 250
We will bill monthly as a percentage complete; payment is due within 60 days of billing. Past due
amounts will accrue interest at the rate of L5% per month, plus any costs to obtain payment.
Anticipated tasks and estimate hours are attached. Hourly rates for any hourly services are as follows:
Principal 2OO S/hr; Associate Principal 775 S/hr; Senior Engineer 150 S/hr; Project Engineer 135 S/hr;
Project Manager L25 S/hr; Senior Designer I7O S/hr; Project Designer 95 S/hr; Drafter S 85/hr;
ClericalS 55/hr.
Assum ptions/Qualifiers
1-. Attendance at the pre-bid meeting is not included.
2. Attendance at the pre-construction meeting is not included.
3. Submitting for permits and permit fees is not included (coordination in completing permit forms is
included; responding to permit comments is also included).
4. We will be provided AutoCAD compatible backgrounds of the site.
5. "Hatd" copies of the final bid set plans and specifications will be furnished us (or if we have to
print, the cost will be treated as a reimbursable expense)
6. No unusual or detrimental conditions exist at the site or in the vicinity requiring any analysis or
design consideration by us (electrical power quality issues, special permit process or reviews, etc.)
Sincerely,
Hultz I BHU Engineers Inc.
' -^L
¡it'4(
Tom Urquhart, PE
Principal
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EXHIBIT E-3
SUBCONSULTANT COST COMPUTATION - SUMMARY
Envitoume ntal
Setvices Netlvotlc
September 17,2018
On-Site Sample Collection for Skilling Connolly
I(ent, Washington
City of Kent Maintenance Facility
5821 S 240tr' Street
ESN will mobilize a Direct Push Tluck to the project site to collect soil and water from 4-6 borings to 30 feet,
All borings will be Air.Knifed to 5 feet, placing soil back in the hole and patohing to matoh the existing surface,
The project is expected to take I day with two crews,
Direct Push Truck & Air-Ifuife
Truck Day Rate (2 Operatot'so 8 Hrs)
Air-Knife (8 Hrs)
Overtime (After 8 Hts On-Site)
Mobe/Demobe/Fuel - 2 Tlucks
Start Cards (water)
Liner ($llft)
Drums (16 Gallon) I soil, 1 water
Patching Air-Ituife Holes
PVC Screen ($Sln¡ IfNeeded
PVC Riser ($3/ft) If Needed
Estimated Total $4,160
Chemistry (Std 5 Day TAT)
NWTPH-GX/BTEX (4 soil, 4 water)
NWTPH-DxExI (4 soil,4 water)
Estimated Total $960
Additional days, if needed, will be at the same day rates, All utilities must be located and holes cleared by the
client.
$1,750
$1,650
$280
$60
$1s
$t
$6s
$40
$s
$:
$1,750
$ 1,650
$0
$120
$e0
$ 180
$1 30
$240
$0
$0
xl=
xl
x0-
x2-
x 6-
x180=
x2=
x6
x0=
x0:
$60
$60
$480
$480
x8=
x8=
[ì*{/r*ø
Anisa Harnden, Drilling Manager
1210 Eastside Street SE, Suite 200 n Olyrnpia, S7ashington 98501 s 36A.459,4670 $ Fr\.X 360.459.3432
\(ielr Siter awlt,e¡flnu.(,vfi1 li-N{ail,' itfo@esnnu.cottt
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EXHIBIT F
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
su bcontractors.
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 lia bility coverage.
2. Commercial General Liabilitv 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 fnsurance
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 F (Continued )
2. Commercial General Liability insurance shall be written with
limits no less than $3,000,000 each occurrence, $3,000,000general aggregate,
3. Professional Liability insurance shall be written with limits no
less than $3,000,000 per claim and 93,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and commercial General Liability
insurance:
The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, sêlf-insuranöe, or iñsurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
1
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days pridr
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
of the Consultant and a copy of the endorseme nt namin the City a
additional insured shall be attached to the
behalf
S
The
D, Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
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.
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 F (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: November 19, 2018
TO: Public Works Committee
FROM: Matt Knox
SUBJECT: Downey Farmstead Contaminated Soil Removal Grant -
Recommend
MOTION: Move to recommend Council authorize the Mayor to sign the
2017/2018 WaterWorks Grant Agreement with King County to fund
removal of contaminated soil at the Downey Farmstead project site,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: The Downey Farmstead Project is a salmon habitat and flood control
project proposed on the banks of the Green River. Arsenic contamination was
discovered on one of the project parcels during testing in 2014. Since that time
staff have searched for grant funding to pay for the cleanup required prior to
habitat restoration.
The proposed grant through the King County WaterWorks program will fund up to
$125,000 worth of contaminated soil clean-up and additional testing to ensure that
contaminated soil is remediated.
Staff were made aware of the grant opportunity from King County in the last two
month.
BUDGET IMPACT: Funds provided by other grants (Salmon Recovery Funding
Board, Puget Sound Acquisition and Restoration, King County Cooperative
Watershed Management) will be used as match for this KC WaterWorks grant.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 7 - EXHIBIT (PDF)
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2017 WaterWorks Grant Program
Grant Agreement Cover Page
Grant Year: Competitive 2017/2018
Project Name: Downey Farmstead Contaminated Soil Removal
Recipient: City of Kent
Funding Amount: $125,000.00
Project Summary Remove 300 tons of lead and 20 tons of arsenic
contaminated soil within the footprint of the Downey
Farmstead Restoration Project to ensure that hazardous
material does not contribute to future contamination of the
Green/Duwamish River. This site will provide side-channel
habitat that will provide rearing and refuge habitat for
threatened salmon species.Remove 300 tons of lead and 20
tons of arsenic contaminated soil within the footprint of the
Downey Farmstead Restoration Project to ensure that
hazardous material does not contribute to future
contamination of the Green/Duwamish River. This site will
provide side-channel habitat that will provide rearing and
refuge habitat for threatened salmon species.
Primary Contact: MattKnox
Phone: 253-856-5551
Email: mknox@kentwa.gov
Start Date:
End Date: July 31, 2020
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 1 of 13
WaterWorks Grant Program
Grant Agreement
AGREEMENT
between
City of Kent
and
KING COUNTY
This is an Agreement between City of Kent, hereinafter the “RECIPIENT” and King County, a
political subdivision of the state of Washington, hereinafter the “COUNTY.” This Agreement is
effective as of the date of the COUNTY signatory.
The purpose of this Agreement is to set forth the terms, conditions, and the legal and
administrative relations that apply to the RECIPIENT in exchange for financial assistance in
carrying out a proposed project entitled Downey Farmstead Contaminated Soil Removal,
hereinafter the “PROJECT.”
Section 1. Background and Recitals:
A.Proposed PROJECT benefit or improvement to water quality and/or the regional
wastewater treatment system and its ratepayers: Remove 300 tons of lead and 20 tons of
arsenic contaminated soil within the footprint of the Downey Farmstead Restoration
Project to ensure that hazardous material does not contribute to future
contamination of the Green/Duwamish River. This site will provide side-channel
habitat that will provide rearing and refuge habitat for threatened salmon
species.Remove 300 tons of lead and 20 tons of arsenic contaminated soil within the
footprint of the Downey Farmstead Restoration Project to ensure that hazardous
material does not contribute to future contamination of the Green/Duwamish River.
This site will provide side-channel habitat that will provide rearing and refuge
habitat for threatened salmon species.
B.The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose
described in Subsection A above in an amount up to, but not exceeding $125,000.00,
hereinafter the “AWARD.”
C.This AWARD is made with the understanding that the RECIPIENT will complete the
PROJECT as outlined in the Scope of Work (Exhibit A) and will fulfill reporting
requirements as described under the Terms and Conditions of this Agreement.
D.The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match
valued at $5,838,541.00, to be verified in submitted PROJECT reports.
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 2 of 13
Section 2. Terms and Conditions:
A.The PROJECT shall be in accordance with the tasks and activities specified in the Scope
of Work (Exhibit A). Any modifications must be requested in an Agreement Amendment
and be approved by the Director of the Wastewater Treatment Division (WTD) in the
COUNTY’s Department of Natural Resources and Parks.
B.The COUNTY will, upon execution of this Agreement, establish procedures to allow
payment to the RECIPIENT of all eligible expenses for approved activities up to the limit
of the AWARD. Payments are on a reimbursement basis; except in some cases at the
discretion of the COUNTY, where advances of the AWARD may be made on a quarterly
basis. The last payment will be withheld by the COUNTY until receipt of the final
Quarterly Progress and Expense Reports and the Closeout Reports are approved.
C.The RECIPIENT’s expenditures of AWARD funds shall be separately identified in the
RECIPIENT’s accounting records. If requested, the RECIPIENT shall comply with other
reasonable requests made by the COUNTY with respect to the manner in which
PROJECT expenditures are tracked and accounted for in the RECIPIENT’s accounting
books and records. The RECIPIENT shall maintain such records of expenditures as may
be necessary to conform to generally accepted accounting principles, and to meet the
requirements of all applicable state and federal laws.
D.The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following
receipt and approval of Quarterly Reports and a Closeout Report. The final payment will
be held back until a close-out verifies fiscal and programmatic compliance with the terms
and conditions of the agreement.
1. The RECIPIENT shall be responsible for submitting the following PROJECT
progress reports: Quarterly Reports (including narrative and expense sections),
Closeout Report (including narrative and expense sections); including backup
documentation such as photos, copies of articles, and financial backup such as
copies of receipts.
2.Quarterly Report narrative and expense sections shall be submitted together using
the online system using the provided format and following instructions from
WaterWorks grant administrators.
a. The Quarterly Reports are due thirty (30) days after the end of each
quarter.
b. If no expenses are made during a quarter, no expense section is needed.
However, the narrative section should still be submitted and indicate that
no expenses were made during that time period.
c. The expense section should detail expenses and include backup
documentation of expenses. The narrative section should include
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 3 of 13
documentation proving the project activities took place, such as photos,
workshop agenda, volunteer sign in sheets, etc.
3.RECIPIENTS that receive approval for advance payments shall submit a request
with an estimate of expenses for upcoming activities, using the form provided.
The first request can cover a time period of two quarters, subsequent requests
should cover one quarter. The RECIPIENT shall be responsible for submitting
Quarterly Reports as stated in paragraphs D1 and D2, along with the next advance
request.
4.The Closeout Report shall be submitted online using the provided format and
following instructions from the WaterWorks grant administrator and will include
closeout documentation.
a.The Closeout Report is due thirty (30) days after the end date of the
PROJECT or not later than August 31, 2020.
E.Failure to submit the aforementioned Quarterly Report on the PROJECT progress within
ninety (90) days of the due date may be cause for the COUNTY to terminate this
agreement for non-performance. Termination would require the return of any funds
advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD
funds for activities not completed by termination date.
F.Failure to provide all of aforementioned documentation may result in the need to
withhold part or all of the AWARD.
G.Costs eligible for payment shall be limited to those costs identified in the Budget (Exhibit
B)and incurred during the effective dates of this Agreement.
H.Any and all activities to be funded by this Agreement to the RECIPIENT shall be
completed by July 31, 2020. If needed, an Agreement Amendment may be granted to
extend the terms of the contract beyond the end date, adjust the scope of work, or change
the budget details (but not increase the total AWARD amount), conditioned upon
approval by KING COUNTY. The extension must be requested and approved at least
sixty (60) days in advance of the original end date.
I.The RECIPIENT agrees to acknowledge the COUNTY in all media, publications, and
signage that are produced as part of the PROJECT. This includes press releases, public
service announcements, posters, flyers, signage, Web pages, blogs, and videos. The
RECIPIENT will use the wording provided in Exhibit C of this Agreement (Credit and
Disclaimers).
Section 3. Legal and Administrative Relations:
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 4 of 13
A.The RECIPIENT shall maintain such records of expenditures as may be necessary to
conform to generally accepted accounting principles and to meet the requirements of all
applicable state and federal laws. The RECIPIENT shall maintain and submit to the
COUNTY any such records as the COUNTY may require to conduct any audit of the
PROJECT it may elect to conduct or to substantiate expenditures paid for by this
AWARD. The RECIPIENT shall maintain and retain books and records related to the
Agreement for at least three (3) years after the termination of said Agreement.
B.The COUNTY’s financial assistance to the RECIPIENT shall be construed by the parties
as a special disbursement to the RECIPIENT to fund activities, as described herein that
generally benefit the COUNTY’s efforts to leverage or complement the water quality
mission of the regional wastewater system. The COUNTY’s sole obligation under this
agreement shall be to provide funds to the RECIPIENT and this agreement shall not be
construed as a contract for services between the RECIPIENT and the COUNTY, or as
establishing a principal agent relationship between the COUNTY and the RECIPIENT.
No joint venture or partnership is formed as a result of this Agreement.
C.The RECIPIENT shall be solely responsible for the recruiting, training, and supervision
of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not,
in any event, be construed to be employees of, or contractors to, the COUNTY and the
RECIPIENT shall defend, indemnify and hold harmless the COUNTY from any and all
claims arising from any contention that said individuals are employees of, or contractors
to, the COUNTY. This condition shall survive the termination of this Agreement. All
actions undertaken under the funding provided by the terms of this agreement are, as
between the COUNTY and the RECIPIENT, the sole responsibility of the RECIPIENT.
No employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or
represent themselves, to be employees of the COUNTY.
D.RECIPIENT agrees for itself, its successors, assigns or by others including, without
limitation, all persons directly or indirectly employed by RECIPIENT, or any agents,
contractors, subcontractors, consultants, subconsultants, volunteers, licensees or invitees
of RECIPIENT, to defend, indemnify, and hold harmless the COUNTY, its appointed
and elected officials, and employees from and against liability for all claims, demands,
suits, and judgments, including costs of defense thereof for injury to persons, death, or
property damage which is caused by, arises out of, or is incidental to RECIPIENT’s
exercise of rights, privileges, and obligations under this Agreement, except for the
COUNTY’s sole negligence. RECIPIENT’s obligations under this section shall include,
but not be limited to all of the following: (i) The duty to promptly accept tender of
defense and provide defense to the COUNTY with legal counsel acceptable to the
COUNTY at RECIPIENT’s own expense; (ii) Indemnification of claims made by
RECIPIENT’s own employees or agents; and (iii) Waiver of RECIPIENT’s immunity
under the industrial insurance provisions of Title 51 R.C.W. but only to the extent
necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the
Parties.
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 5 of 13
In the event it is necessary for the COUNTY to incur attorney’s fees, legal expenses, or
other costs to enforce the provisions of this section, all such fees, expenses, and costs
shall be recoverable from RECIPIENT. The provisions of this Section 3.D shall survive
the expiration, abandonment, or termination of this Agreement.
E.Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from
undertaking or assisting projects developed outside the purview of this Agreement, or
entering into agreements with other parties to undertake said projects in accordance with
whatever terms and conditions may be agreed to between the RECIPIENT and other
parties.
F.The COUNTY shall be under no obligation to continue this agreement and may request
partial or full reimbursement of payments it made to the RECIPIENT should the
RECIPIENT fail to perform according to the terms and conditions of this Agreement,
whether or not failure to perform is within the RECIPIENT’s control.
G.This Agreement may be amended at any time by written concurrence of the parties
through a formalized Amendment Agreement Form and will terminate upon fulfillment
of all obligations contained herein.
H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is
terminated the RECIPIENT shall return any unused portion of the funds advanced up to
the date of termination.
I.Invalidity or unenforceability of one or more provisions of this Agreement shall not
affect any other provision of this Agreement.
J.In its performance under this Agreement the RECIPIENT shall not discriminate against
any person on the basis of sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression, age except by
minimum age, and retirement provisions, unless based upon a bona fide occupational
qualification, and the RECIPIENT shall not violate any of the terms of chapter
49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal,
state, or local law or regulation regarding nondiscrimination in employment.
K.Authority: Representations and Warranties. Each signatory to this Agreement represents
and warrants that he or she has full power and authority to execute and deliver this
Agreement on behalf of the entity for whom he or she is signing.
L.Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, and all counterparts together shall constitute but one and the same
instrument. The exchange of copies of this Agreement and of signature pages by
facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form,
or by any other electronic means intended to preserve the original graphic and pictorial
appearance of a document, or by combination of such means, shall constitute effective
execution and delivery of this Agreement as to the Parties and may be used in lieu of the
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 6 of 13
original Agreement for all purposes. Signatures of the Parties transmitted by facsimile
shall be deemed to be their original signatures for all purposes.
M.The effective date of this agreement is the date of COUNTY signatory.
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 7 of 13
AGREEMENT SIGNATURE PAGE
City of Kent by:
Signature:_____________________________________________________________________
Dana Ralph, Mayor
Date: ______________________________
KING COUNTY by:
Signature: _____________________________________________________________________
Chris Townsend, Section Manager, Wastewater Treatment Division
Date: ______________________________
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 8 of 13
EXHIBIT A: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT’s activities to be performed under this
agreement to complete the PROJECT. All activities in the following tasks, including
deliverables, must be completed by the expiration date of this agreement unless otherwise
modified through an Agreement Amendment Form and approved by the COUNTY in writing.
Any work performed or costs incurred prior to the effective date of this agreement will be at the
sole expense of the RECIPIENT.
* Hire a consultant expert to further clarify the extent of soil contamination and to prepare plans
and specifications for soil remediation. This consultant will also prepare a health and safety plan
and protocol to keep construction workers and on-site personnel safe during soil remediation,
and to verify that all contaminants exceeding clean-up thresholds are removed and disposed of
properly.
* Consultant will prepare and submit a draft and final soil remediation plan and specifications to
the city for inclusion in the construction bid documents.
* Consultant will also prepare and submit to the city a draft and final health and safety plan to
protect worker safety.
* The consultant will then submit a plan to the city detailing how contaminant verification
testing will occur.
* Once construction begins, consultant will collect and analyze additional soil samples to
confirm that all contaminants are removed. A final report documenting findings will be prepared
and submitted.
* City will advertise and bid a project to remove soil contamination from the Downey Farmstead
project site.
* City will prepare final plans and specifications for Downey Farmstead soil remediation and
advertise this work and distribute these documents to potential bidders.
* Bids will be collected and the lowest responsible bidder will be awarded a contract to remove
contaminated soil from the project boundaries.
* Verification testing will be performed by the city's consultant after contaminated soil
excavation.
* Further excavation and soil removal will continue until testing indicates that lead and arsenic
contamination is below Ecology-defined action levels.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 9 of 13
EXHIBIT B: BUDGET
Costs are limited to those approved by the COUNTY in the current Budget. Costs should be
reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be
completed according to this agreement unless otherwise modified through an Agreement
Amendment Form and approved by the COUNTY in writing.
Any work performed or costs incurred prior to the effective date of this agreement will be at the
sole expense of the RECIPIENT.
An Agreement Amendment must be completed and approved to change a scope of work, request
an extension, or if the budget expenditure category might deviate more than ten percent (10% of
Grand Total). For more information, contact your grant administrator.
A B C D E F G
BUDGET
CATEGORY
ITEMS: Description
(rate or unit x quantity)GRANT AWARD CASH MATCH IN-KIND MATCH
CATEGORY
SUBTOTAL
SOURCE OF
MATCH (indicate if
pending or secured)
Staff salaries &
benefits $0.00
Staff salary using
billing or fully
burdened rates
* Project Management
* Construction
Inspection * Survey &
As-built *
Monitoring & Maint
$875,781.00 $875,781.00
In-house & partial KC
CWM grants - $1.0
million secured
Project supplies,
materials, and
equipment
$0.00
Commercial services $0.00
Consultant/contractor
services
* Remediation
Consultant * Soil
Removal Contractor *
Construction contractor
$125,000.00 $ $ 962,760.00 $5,087,760.00
KC CWM Grants:
$1.0 mill secured;
$4.84 mill pending
(PSAR)
Transportation $0.00
Other costs $0.00
Project Subtotal $125,000.00 $4,962,760.00 $875,781.00 $5,963,541.00
Overhead $0.00
Grand TOTAL $125,000.00 $4,962,760.00 $875,781.00 $5,963,541.00
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EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS
Logo and logo standards: For electronic versions of the official logos and logo standards,
contact your grant administrator. The above logo must be included on all printed documents
and electronic media produced in carrying out the PROJECT. This includes signage, posters,
documents, brochures, flyers, newsletters, newspaper advertising, Web pages, blogs, and videos.
Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by
including the following sentence with the logo:
This project is funded by the King County Wastewater Treatment Division
If your PROJECT has multiple funders, it can say:
This project is funded in part by the King County Wastewater Treatment Division
Disclaimer language: For items where opinions or advice or a list of organizations or businesses
are included in the copy (e.g., an interpretive panel, a guidebook, or a directory), please add the
following disclaimer sentence:
The content herein does not constitute an endorsement by King County government, its
employees, or its elected and appointed officials.
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3 2017
Page 10 of 13
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EXHIBIT D: AGREEMENT TERMS AND PROCEDURES
ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic
media (publications, signage, press releases, public service announcements, posters, flyers, Web
pages, videos, PowerPoint presentations, etc.). Refer to Exhibit C for further information.
ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY;
documentation of payments made from advances shall be submitted to the COUNTY and
approved prior to any further payments of AWARD funds.
AGREEMENT AMENDMENT: This document must be completed and approved to change a
scope of work, request an extension, or if the budget (Exhibit B) might deviate in any PROJECT
cost categories by an amount equal to or greater than ten percent (10%) of the total AWARD
amount. This form is available from your grant administrator.
BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be
returned to KING COUNTY, if an advance was issued.
CLOSEOUT REPORT: This report documents the successful completion of the PROJECT
according to the scope of work. The Closeout Report is due thirty (30) days after the end of your
agreement period and must be submitted online, following instructions from the WaterWorks
grant administrator. This includes two sections:
1. Financial Closeout documenting the records of expenditures for the PROJECT
(reconcile your project expenses, award, cash, and in-kind match).
2.Narrative Closeout documenting the successful completion of the PROJECT
according to the scope of work. The final report will include a narrative, outreach
materials, copies of communication materials, and tools created for and about the
PROJECT.
ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant
agreement can be covered by this AWARD and only up to the indicated amount without prior
authorization.
FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally
accepted accounting principles. Retain records for at least three (3) years after the end date of
your agreement. It is highly recommended that if you use a computer to track your project
expenses you assign a code to this grant. If you keep track of your expenses manually, you will
need to make copies of your receipts or other “manual” documents. This way, you will be able to
document your expenses.
MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget
(Exhibit B) because it must be documented in your Financial Closeout Report (Exhibit H).
MILESTONE: Milestones are considered significant actions or events marking important
progress or change in the stage of development of the
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3 2017
Page 11 of 13
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 12 of 13
QUARTERLY REPORTS: This report includes two sections; a progress section that provides
a status report on the progress of activities and goals identified in the scope of work; and an
expense section for reimbursement of costs each quarter. The quarterly reports are due thirty (30)
days after the end of each quarter.
SCOPE OF WORK): Keep track of your activities as they relate to the scope of work you
provided. You will have to document the progress when submitting your Quarterly Reports and
Closeout Report.
START DATE: The start date of this agreement is the date of the COUNTY signatory.
Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as
Effective Date.)
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Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 13 of 13
EXHIBIT E: FUNDING AUTHORITY
The funding authority for this AWARD comes from the COUNTY, through its Department of
Natural Resources and Parks, which operates a regional system of sewage treatment and
conveyance facilities for which it collects charges from local governments. Said charges
constitute the source of revenue for operation of the COUNTY’s sewage treatment system. By
agreement with said local governments, this revenue can be used only to fund expenditures that
are related to the development, operation, maintenance, and replacement and improvement of
said system. By budget authority, the COUNTY funds activities related to the regional water
quality objectives advanced by the development of the sewage treatment system.
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: November 19, 2018
TO: Public Works Committee
FROM: Matt Knox
SUBJECT: Downey Farmstead/Frager Road Right of Way Establishment
MOTION: Move to recommend Council authorize the Mayor to sign the
enclosed quit claim deed to dedicate new right-of-way for the proposed
new Frager Road to King County, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The Downey Farmstead Project is a salmon habitat and flood control
project proposed on the banks of the Green River that will require the relocation of
Frager Road. This road relocation is proposed to begin in 2019 utilizing grant funds
from the State and King County.
The City owns Tax Parcels No. 232204-9029, 232204-9028 and 232204-9020. The
proposed new roadway will bisect these parcels just north of SR 516. The enclosed
quit claim deed will transfer ownership of a 60-foot swath from the City to King
County providing new right-of-way for a realigned Frager Road. The remaining
portions of the parcels mentioned above will be used as part of the Downey
Farmstead Project to create new flood plain habitat for salmon once additional grant
funding is secured.
BUDGET IMPACT: There will be no new budget impact with this specific action.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 8 - Exhibit (PDF)
2. 8 - Exhibit (PDF)
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FILED FOR RECORD AT REQUEST OF
AFTER RECORDING RETURN TO:
ADM-CF-0500
King County Property Seruices Division
King County Administration Building, Rm. 5OO
500 Fourth Avenue
Seattle, WA 98104
Document:
Grantor;
Grantee:
Legal Des:
Tax ID Nos:
Quit Claim Deed
City of Kent
King County
See Exhibit A attached hereto
232204-9020, 2322A4-9028, 232204-9029
QUIT CLAIM DEED
The Grantor, city of Kent, a washington municipal corporation, for and in
consideration of MUTUAL BENEFITS in the dedication of a roadway, conveys and quit claimsto KfNG COUNTY' a political subdivision of the State of Washington, the following
described real estate, situated in the County of King, State of Washington, together with ail
after acquired title of the Grantor(s) therein:
See Exhibits A and B attached hereto and made a part hereof.
together with the right to make all necessary slopes for cuts and fills upon the abuttingproperty on each side of any road which is now, or may be constructed hereafter on thisproperty, in conformity with standard plans and specifications for highway purposes, and tothe extent and purposes as if the rights herein granted had been acquired by
condemnation proceeding under eminent domain statutes of the State of Washington.
Dated this *__--._-_day of *_-*_* .__-_, 2018.
Grantor:
CITY OF KENT
By: Dana Ralph
Its: Mayor
QUIT CLAiM DEED - Page 1 of 2
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the personwho appeared before. me, and said person acknowledged that she signed this instrument,on oath stated that she was authorized to execute the instrument anZ acknowledged it asthe Mayor of the City of Kent to be the free and voluntary act of such party for ihe usesand purposes mentioned in the instrurnent.
Dated
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the dayand year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
--
My appointment expires
APPROVED AS TO FORM:
By
City of Kent Law Department
ss
QUIT CLAIM DEED - page 2 of 2
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EXHTBTLA
A STRIP OF LAND 60.00 FEET IN WIDTH, OVER THOSE PORTIONS OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTH HALF OF
THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 22 NORTH, RANGE 4
EAST, W M,, IN KING COUNTY, WASHTNGTON, SAID STRIP OF I-AND HAVING 30.OO
FFET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 23, FROM
WHICH POINT THE NORTHWEST CORNER OF SAID SECTION 23 BEARS
N89"05'25"w 2606'28 FEET; THENCE s00o5r'zg"w, ALONG THF NoRTH-SourH
CENTER OF SECTION LINE OF SAID SUBDIVISION, A DISTANCE OF 3481.96 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "A'AND THE POINT OFBEGINNING OF SAID CENTERLINE DESCRIPTION, SAID POINT BEING ON A
5OO.OO FOOT RADiUS, CIRCULAR CURVE TO THE RIGHT, FROM WHICH THE
CENTER BEARS N19055,37,,W; THENCE SOUTHWESTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 04053'59", AN ARC DTSTANCE OF 42.76 FEET;
THENCE S74O5B'22"W 1012 .97 FEET TO A POINT OF TANGENCY WITH A 5OO.OO
FOOT RADIUS, CIRCULAR CI.JRVE TO THE RIGHT, THENCE WESTERLY, ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 17035'48', AN ARC DISTANCE OF 153,55
FEET TO A POINT OF REVERSE CURVATURE AND THE BEGINNING OF A 600.OO
FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, THENCE SOUTHWESTERLY, ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF ].9023'05", AN ARC DISTANCE OF
2O3.OO FEET TO A POINT FROM WHICH THE CENTER OF CURVE BEARS
S16O48'54"E, SAID POINT BEING TANGENT TO AND ON THE CENTFRLJNE OF THE
EXISTING PAVED FRAGER ROAD, AND THE WESTERLY TERMINUS POINT OF TH]S
DESCRIPTION,
AND BEGINNING AT AFORESAID POINT "A", SAID POINT BEING ON A 5OO.OO
FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH THE CENTER BEARSN19"55'37"w ; THENCE NORTHEASTERLY, ALONG SAID cuRVE, THRouGH A
CENTRAL ANGLE oF 04009'15", AN ARc DISTANCE oF 36,2s FFET; THENCE
N65O55'OB"E 4T5.75 FEET TO A POINT OF TANGENCY WITH A T47,OO FOOT
RADIUS, CIRCULAR CURVE TO THE RiGHT; THENCE SOUTHEASTERLY , ALONG SAID
CURVE. THROUGH A CENTRAL ANGLE OF 86010'19", AN ARC DISTANCE OF 221.09
FEET TO A POINT FROM WHICH THE CENTER OF CU RVE BEARS 562o05',27"W, SAID
POINT BEING NON -TANGENT TO AND ON A 38O.OO FOOT RADIUS, CIRCULAR
cuRVE, FRO M WHICH THE CENTER BEARS 570016'04"W, AND BEING THE
CENTERLIN E OF THE EXISTING PAVED FRAGER ROAD, AND THE EASTERLY
TERMINUS POINT OF THIS DESCRIPTION,
EXCEPT EXISTTNG COUNTY ROAD (FRAGER ROAD)
CONTAINING 2.58 ACRES, MORE OR LESS.
LN'O
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15 14
22 23
GURVE TAB
14
N 89"05,25"\Al - 2606.
s00'51',29.W_3,481.96
FROM NORTH QUARTER CORNER
TO CENTERLINE OF PROPOSED
FRAGER ROAD
PrrrNT'6F"iecrnr,rruo
POINT "A'
FRAGER ROA,D
60 FOOI WJDF RIGFi-i OF IVAY
WIDTF 3O FFF r ON LACH
SiDE OF PROPOSED
CENI€RTINE
23
TAX F'ARCFI
2322049020
LE
WESTERLY
z
To
LFrO
9,ts
TL
E.
u.Jt-z
uJr)
:cl-
aa
\J7
-tT
I
I.l
\
R\\ie*C1 - L,=427u
i .. ila.53,5ii.
R . 50{1.1.}Lr'
c2. i -1$35E
A ,. i7.35.x8"
i"i * 5C0 t)tl'
C3- I --l{r:l-O0'
4,. 11).2,1,0f,,
R ,. SCC.00'c4- r..:3b.25'
a = 14"i)9'i5
R r 5u!.0U,c5 I .-, ??1.019'
4..3S.t01:1"
l? :r .lrX r'"i10,
SCALF: 1" . :t{]|j'
1
3 -a
EASTERLY
TERMINUS
SCALE: 1'. = 3OO'
?
--/
TAX PARCLLJ
2322C.r9020
DRAWN BY: TLM
- POTNT ! ,' I!ttl:t
tlt!,L+
--f : t?' J!l
'-/ lil1titt!tli'llit'l;!
LI
L2
6 -/
N €5 55',(,d- L - 115.7r,
t'SCAlED lN ThE r\,// 11i.4 OF SE 1/4
Al\D N 1.:l OF Sf., ./.1 at IFC-13,
TO\'VNSHIP ?2 N, RANGf 3 F, \\'.I,/.
occ.F S:'r*v ?'3r::i9 l)f t .'?.tL.'q\
^"-'!i.Jl i i.,-caseA.ee rr. -,;'
FRAGER ROAD
DEDICATION
KEt^r.Iraro.
CIT} OF KEN]
LAND SURVEY SECIION DATE: O9/2512013
EXHIBIT
B
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FILED FOR RECORD AT REQUEST OF
AFTER RECORDING RETURN TO:
ADM-CF-0500
King County Property Seruices Division
King County Administration Building, Rm. 5OO
500 Fourth Avenue
Seattle, WA 98104
Document:
Grantor;
Grantee:
Legal Des:
Tax ID Nos:
Quit Claim Deed
City of Kent
King County
See Exhibit A attached hereto
232204-9020, 2322A4-9028, 232204-9029
QUIT CLAIM DEED
The Grantor, city of Kent, a washington municipal corporation, for and in
consideration of MUTUAL BENEFITS in the dedication of a roadway, conveys and quit claimsto KfNG COUNTY' a political subdivision of the State of Washington, the following
described real estate, situated in the County of King, State of Washington, together with ail
after acquired title of the Grantor(s) therein:
See Exhibits A and B attached hereto and made a part hereof.
together with the right to make all necessary slopes for cuts and fills upon the abuttingproperty on each side of any road which is now, or may be constructed hereafter on thisproperty, in conformity with standard plans and specifications for highway purposes, and tothe extent and purposes as if the rights herein granted had been acquired by
condemnation proceeding under eminent domain statutes of the State of Washington.
Dated this *__--._-_day of *_-*_* .__-_, 2018.
Grantor:
CITY OF KENT
By: Dana Ralph
Its: Mayor
QUIT CLAiM DEED - Page 1 of 2
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the personwho appeared before. me, and said person acknowledged that she signed this instrument,on oath stated that she was authorized to execute the instrument anZ acknowledged it asthe Mayor of the City of Kent to be the free and voluntary act of such party for ihe usesand purposes mentioned in the instrurnent.
Dated
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the dayand year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
--
My appointment expires
APPROVED AS TO FORM:
By
City of Kent Law Department
ss
QUIT CLAIM DEED - page 2 of 2
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EXHTBTLA
A STRIP OF LAND 60.00 FEET IN WIDTH, OVER THOSE PORTIONS OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTH HALF OF
THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 22 NORTH, RANGE 4
EAST, W M,, IN KING COUNTY, WASHTNGTON, SAID STRIP OF I-AND HAVING 30.OO
FFET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 23, FROM
WHICH POINT THE NORTHWEST CORNER OF SAID SECTION 23 BEARS
N89"05'25"w 2606'28 FEET; THENCE s00o5r'zg"w, ALONG THF NoRTH-SourH
CENTER OF SECTION LINE OF SAID SUBDIVISION, A DISTANCE OF 3481.96 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "A'AND THE POINT OFBEGINNING OF SAID CENTERLINE DESCRIPTION, SAID POINT BEING ON A
5OO.OO FOOT RADiUS, CIRCULAR CURVE TO THE RIGHT, FROM WHICH THE
CENTER BEARS N19055,37,,W; THENCE SOUTHWESTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 04053'59", AN ARC DTSTANCE OF 42.76 FEET;
THENCE S74O5B'22"W 1012 .97 FEET TO A POINT OF TANGENCY WITH A 5OO.OO
FOOT RADIUS, CIRCULAR CI.JRVE TO THE RIGHT, THENCE WESTERLY, ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 17035'48', AN ARC DISTANCE OF 153,55
FEET TO A POINT OF REVERSE CURVATURE AND THE BEGINNING OF A 600.OO
FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, THENCE SOUTHWESTERLY, ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF ].9023'05", AN ARC DISTANCE OF
2O3.OO FEET TO A POINT FROM WHICH THE CENTER OF CURVE BEARS
S16O48'54"E, SAID POINT BEING TANGENT TO AND ON THE CENTFRLJNE OF THE
EXISTING PAVED FRAGER ROAD, AND THE WESTERLY TERMINUS POINT OF TH]S
DESCRIPTION,
AND BEGINNING AT AFORESAID POINT "A", SAID POINT BEING ON A 5OO.OO
FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH THE CENTER BEARSN19"55'37"w ; THENCE NORTHEASTERLY, ALONG SAID cuRVE, THRouGH A
CENTRAL ANGLE oF 04009'15", AN ARc DISTANCE oF 36,2s FFET; THENCE
N65O55'OB"E 4T5.75 FEET TO A POINT OF TANGENCY WITH A T47,OO FOOT
RADIUS, CIRCULAR CURVE TO THE RiGHT; THENCE SOUTHEASTERLY , ALONG SAID
CURVE. THROUGH A CENTRAL ANGLE OF 86010'19", AN ARC DISTANCE OF 221.09
FEET TO A POINT FROM WHICH THE CENTER OF CU RVE BEARS 562o05',27"W, SAID
POINT BEING NON -TANGENT TO AND ON A 38O.OO FOOT RADIUS, CIRCULAR
cuRVE, FRO M WHICH THE CENTER BEARS 570016'04"W, AND BEING THE
CENTERLIN E OF THE EXISTING PAVED FRAGER ROAD, AND THE EASTERLY
TERMINUS POINT OF THIS DESCRIPTION,
EXCEPT EXISTTNG COUNTY ROAD (FRAGER ROAD)
CONTAINING 2.58 ACRES, MORE OR LESS.
LN'O
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15 14
22 23
GURVE TAB
14
N 89"05,25"\Al - 2606.
s00'51',29.W_3,481.96
FROM NORTH QUARTER CORNER
TO CENTERLINE OF PROPOSED
FRAGER ROAD
PrrrNT'6F"iecrnr,rruo
POINT "A'
FRAGER ROA,D
60 FOOI WJDF RIGFi-i OF IVAY
WIDTF 3O FFF r ON LACH
SiDE OF PROPOSED
CENI€RTINE
23
TAX F'ARCFI
2322049020
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TAX PARCLLJ
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DRAWN BY: TLM
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t'SCAlED lN ThE r\,// 11i.4 OF SE 1/4
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occ.F S:'r*v ?'3r::i9 l)f t .'?.tL.'q\
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FRAGER ROAD
DEDICATION
KEt^r.Iraro.
CIT} OF KEN]
LAND SURVEY SECIION DATE: O9/2512013
EXHIBIT
B
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: November 19, 2018
TO: Public Works Committee
FROM: Tony Donati
SUBJECT: Information Only/China National Sword Update
SUMMARY: Staff will provide an update on the recycling market with regards to
the China Sword issue and how it has affected our region and our residents. Our
contracted solid waste hauler, Republic Services has taken multiple steps to
address these issues. Republic has also provided the public with ways on how they
can help be a part of the overall solution.
9
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: November 19, 2018
TO: Public Works Committee
FROM: Chad Bieren
SUBJECT: Information Only/Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zone.
• The UPRR Notice of Intent 60-day comment period ended on November 10,
2018. We are currently receiving comments through the mail. Comments
have been received from the Washington State Department of
Transportation. Comments are still expected from The Washington Utilities
and Transportation Commission, UPRR, and the Federal Railroad
Administration.
• Staff are reviewing comments from the BNSF Notice of Intent and evaluating
suggestions from respondents.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
10
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