HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 06/19/2017 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
Director: Timothy J. LaPorte, P.E.
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at (253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
June 19, 2017
4:00 p.m.
Item Description Action Speaker Time Page
1. Call to Order -- Chair Higgins 01 --
2. Roll Call -- Chair Higgins 01 --
3. Changes to the Agenda -- Chair Higgins 01 --
4. Approval of June 5, 2017 Minutes - Approve YES None 03 03
5. Contract with Shearer Design - LID 363: S
224th St Improvements 84th Ave S to 88th Ave
S – Recommend
YES Jason Bryant 05 07
6. Contract with GeoEngineers - LID 363: S
224th St Improvements 84th Ave S to 88th
Ave S - Recommend
YES Jason Bryant
05 27
7. S 228th St UPRR Grade Separation Project Port
of Seattle Reimbursement Agreement –
Recommend
YES Mark Madfai 10 43
8. Annual On-Call Tree Removal Agreements -
Recommend
YES Joe Codiga 10 55
9. Consultant Agreement RH2 Eng: Water
System Plan Update – Recommend
YES Evan Swanson 10 69
10. Info Only/Resident Traffic Calming Update NO Rob Brown 15 105
11. Info Only/Recap East Hill Well NO Bryan Bond 10 107
12. Info Only/Quiet Zone Update NO Chad Bieren 05 109
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PUBLIC WORKS COMMITTEE June 5, 2017
Minutes City of Kent, WA
Summary Minutes
Date: June 5, 12017
Time: 4:00 p.m.
Place: Chambers East
1. Call to Order: The meeting was called to order at 4:02 p.m., by Committee Chair
Dennis Higgins.
2. Roll Call: Committee Chair Dennis Higgins and Committee members Dana Ralph and
Brenda Fincher were present.
Absent:
3. Changes to the Agenda:
4. Approval of Minutes, Dated May 15, 2017
Committee member Fincher MOVED to approve the Minutes of May 15, 2017. The
motion was SECONDED by Committee member Ralph and PASSED 3 - 0.
5. Information Only/King County Flood Control District:
Michelle Clark, Executive Director King County Flood Control District noted that she is the
only staff member to work with the King County Flood Control District since its inception.
She became Executive Director of the King County Flood Control District in December of
2016.
Michelle said that she really enjoyed touring the Kent levees with Mike Mactutis,
Environmental Engineering Managers and Tim LaPorte, Public Works Director this afternoon
she said that seeing it was good for her to see the Milwaukee 2 Levee as she could see the
concurrence on the projects.
Michelle said that she will be adding two new staff to work on communications and policy
work.
6. Security Patrol Contract for GRNRA - Recommend
Chad Bieren Deputy Director / City Engineer noted that the security contractor will conduct
nightly security patrols at the Green River Natural Resource Area; Monday through Friday
with a minimum of three (3) patrol visits to the site. On Saturdays, Sundays and City of
Kent holidays (10 per year) the contractor will conduct a minimum of three (3) patrols per.
The goal is to provide consistent coverage, particularly at night.
Committee member Ralph MOVED recommend Council authorize the Mayor to sign
a Security Patrol Contract with Washington Patrol Division for security patrol of
the Green River Natural Resource Area in an amount not to exceed $28,800
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director and was SECONDED by Committee member Fincher. The motion
PASSED 3 - 0.
3
7. Security Patrol Contract for Watersheds
Chad Bieren Deputy Director / City Engineer noted that the security patrols will take place
as discussed in item 6 to the following water sheds; Clark Springs, Kent Springs and
Armstrong Springs.
Committee member Fincher MOVED to recommend Council authorize the Mayor to
sign a contract with Washington Patrol Division for security patrol of the City
water sheds (Clark Springs, Kent Springs and Armstrong Springs) in an amount
not to exceed $35,100 subject to final terms and conditions acceptable to the City
Attorney and Public Works Director and was SECONDED by Committee member
Ralph. The motion PASSED 3 - 0.
8. Hawley Road Levee Franchise Agreement with WSDOT - Recommend
Richard Schleicher Environmental Engineer reported that he had good news for the
committee. Schleicher noted that in order to construct and maintain access to the segment
of the Levee located in state-owned right-of-way, the city had to execute a franchise
agreement with the Washington State Department of Transportation. Schleicher presented
the franchise agreement to complete the SR 167 embankment.
FEMA officials indicated that the Levee would not be accredited by FEMA unless a
maintenance agreement is executed between the Washington State Department of
Transportation and City of Kent. By executing this franchise agreement the city will obtain
access breaks on the west side of SR-167 for any required maintenance of both the Hawley
Road Levee, and on the east side of the freeway for the Foster Park Levee.
Committee member Ralph MOVED to recommend Council authorize the Mayor to
sign a Utility Franchise Agreement with WSDOT for the Hawley Road Levee,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director and was SECONDED by Committee member Fincher. The motion
PASSED 3 - 0.
9. Information Only – Vegetation Mowing - Update
Ryan Carrol Maintenance Worker 4 gave a brief update on mowing operations sidearm
mowing, streetscapes and planted traffic island maintenance. Carrol noted that vision and
public safety are the crew’s number on concern. Carrol urged citizens to call (253)856-5600
when vision obstructions are encountered.
10. Information Only/Kent Regional Trail - Update
Chad Bieren Deputy Director / City Engineer noted that the Kent Regional Trail Connector
project has been on our list for years the project is essentially complete and ready for use.
The trail is an east-west, multi-use trail connecting the Green River Trail and Interurban
Trail. The Kent Regional Trail Connector crosses 64th Ave, 68th Ave, and 72nd Ave with
pedestrian crossings. The trail required the crossing of a wetland and Mill Creek near the
Interurban Trail an elevated boardwalk was constructed to span the creek.
11. Information Only/Dredging Contract
Tim LaPorte, Public Works Director stated that with all the rain this season our drainage
ditch system on the west side of the valley floor is in need of sediment removal. LaPorte
noted that this ditch system extends northward from Meeker St along the east side of
Hogan Park to James and then along 64th Ave to the Green River Natural Resource Area
(GRNRA) detention pond. A pump station is planned to pump excess water into the Green
River.
4
This system has been full of water until recently making it difficult to estimate the quantity
that must be removed. Staff will be able to estimate the amount of sediment to be removed
more closely, after the water recedes.
12. Information Only/S 212th St and 72nd Ave S Intersection Improvements
Tim LaPorte, Public Works Director noted that the project cost came in higher than
anticipated due to the economy. LaPorte said staff will be moving ahead to award the
project; B&O funds are available.
13. Information Only/LID 363: S 224th Street Finance Plan
Tim LaPorte, Public Works Director noted that the project cost came in higher than
anticipated. LaPorte briefly went over the background for Local Improvement District (LID)
363 and gave an outline on the funding.
The Transportation Improvement Board (TIB) agreed to an additional .75 million dollars,
bringing its contribution to $5.75 million. The low bidder for this project
is SB Structures. LaPorte plans to send this to Council on June 6, for award.
14. Information Only/Quiet Zone Update
Chad Bieren, Deputy Public Works Director / City Engineer, presented information regarding
the Quiet Zone the Union Pacific has gone through another downsizing and he hopes to
have an update on this by the end of the month.
ADDED ITEMS:
Committee Chair Dennis Higgins noted that there will not be a Public Works Committee
meeting on July 3, 2017. The next regularly scheduled meeting will be on July 17, 2017.
Bill Doolittle reminded staff of his request to look at the turn lane on Washington Avenue
South. Staff will look into it and come back to the committee with suggestions at a later
date.
Adjournment
At 5:06 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth
Administrative Asst. III
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: June 19, 2017
TO: Public Works Committee Members
FROM: Jason Bryant, Sr. Construction Inspector
THROUGH: Eric Connor, Construction Engineering Manager
Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Contract with Shearer Design, LLC for LID 363: S 224th Street
Improvements 84th Ave S to 88th Ave S - Recommend
SUMMARY: This contract is for the LID 363: S. 224th Street Improvements Project -
84th Avenue South to 88th Ave South. The project consists of the realignment of S.
224th Street at 84th Avenue S., and includes a $15 million bridge over SR 167 and
structural earth walls. Council authorized the Mayor to award the construction contract
for this project on June 6, 2017. We anticipate the start of construction in July.
Shearer Design, LLC will provide structural engineering services during construction
including, shop drawing review, inspections and documentation related to the bridge
foundation, superstructure and structural earth walls. Shearer Design, LLC is the
Engineer of Record related to structural elements of the project.
EXHIBIT: Contract
BUDGET IMPACT: This is a budgeted item, included in funding provided by Local
Improvement District 363, the Washington State Transportation Improvement
Board, and City Transportation Improvement Funds.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Shearer Design, LLC to provide
structural engineering services for the South 224th Street Improvements
Project (84th Ave S to 88th Ave S) in an amount not to exceed $150,904.68,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
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8
KENT
CONSULTANT SERVICES AGREEM ENT
between the City of Kent and
Shearer Design LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of Washington,
located and doing business at 3613 Phinney Ave. N. #8, Seattle, WA 98103, Phone: (206) 7Bt-7830,
Contact: David Shearer (hereinafter the "Consultant"),
I DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide engineering support during the construction of the S. 224th
Street Improvements Project. For a description, see the Consultant's Scope of Work which
is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2020.
III. COMPENSATION
The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Fifty Thousand, Nine Hundred Four Dollars and sixty eight cents
($150,904.68), 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 ¡n 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.
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:
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
A
B
9
A.
B.
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 independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
c
D
E
F
The Consultant is responsible for filing as they become
documents with appropriate federal and state agencies,
Revenue Service and the state Department of Revenue.
due all necessary tax
including the Internal
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, 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.
VL DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory/ mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification,
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4,24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
10
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
FURÏHER 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 devefoped or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City's request, The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act.
The City's use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose, All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recvclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect,
C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
11
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. Assiqnment, 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.
L 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.
//
CONSULTANT SERVICES AGREEMENÏ - 4
(Over $20,000)
12
K, Counterparts and Signatures by Fax o.r 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,
CONSUL
By:
Print Name:tY)ç Atztùr-
(t¡tle)
DATE I
CITY OF KENT:
By
Print Name
(signature)
Suzette Cooke
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
David Shearer
Shearer Design LLC
3613 Phinney Ave. N. #B
Seattle, WA 98103
(206) 7 BI-7 830 (telephone)
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
Shearer - 224b Construction/Bryant
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
13
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.
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 fulfill the five requirements referenced above.
By
For:q Þ{Ê.!\¡LL{L lf,e.3rcJ
Title: 6¡çPtì-a\
Date:+1
3
4
5
ô
"-^J
EEO COMPLIANCE DOCUMENTS - 1
14
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:
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.
MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
EEO COMPLTANCE DOCUMENTS - 2
15
CITY OF KENT
EQUAL EM PLOYM ENT OPPORTU NITY COM PLIANCE STATEM ENT
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
intoonthe(date),betweenthefirmIrepresentandtheCityof
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:
EEO COMPLIANCE DOCUMENTS - 3
16
EXHIBIT A
$ilHRIR llt$lEll uc
December 5, 2016
E¡HEARER DEE¡IE¡N LLtr.
Bridge Design, Construction Engineering and lntz,structurc Aesthet¡cs
3613 Phinney Ave N #B
Seattle, WA 98103
(20ô)781 -7830
City of Kent Public Works
400 West Gowe
Kent WA, 98032
Subject: S. 224th Street & State Route 167 (Construction Support)
Attn; Ken Langholz & Ganett lnouye
Dear Garrett & Ken:
We are happy to provide continued engineering services to the City of Kent for the S. 224th Street & State Route 1 67
project, The following scope of services details the construction support for this project,
General. This contract shall encompass engineering support during the construction phase of the S. 224rh Streei bridge
and SEW walls,
Task 1 Bid Period Assistance & Pre.Construction Meeting
This task will cover the review of the current bid documents, response to questions during the bid process and
attendance at the pre-construction meeting
Task 2 RFI & Shop Drawings
Under this task we will review and comment on project submitted shop drawings and request for information (RFl)
from the Contractor that pertain to bridge drawings prepared by Shearer Design in the bid set.
Areas Coveredr P/S Girdersr DrillShaft lnstallation Plan. Reinforcement Shop Drawingso MaterialReview. Girder erection plan. Bearings. Railing¡ StructuralEarthWafls
Task 3 Routine lnspections
This task will cover onsite inspections for compliance with the bid documents or for construction problem solving
Areas Covered¡ Foundation Prepr Reinforcement (foundation, deck, barrier ). Girder erection. Shaft Constructiono Wall Reinforcing
ItII
\\SHEARERSERVER\D-Dr¡ve\ADMIN\Job Conkacts\C-0177 Kent S 224th\Construct¡on Support\O177 SZ24lh Construction
Support.docx
17
$llI[R]n [t$lGll uo l:EHEARER DEE¡IE¡N LLtr.
Bridge De s¡gn, Construction Enginee ring and I nbastructure Ae sthetic s
3613 PhinneY Ave N #B
Seattle, WA 98103
(206)781-7830
o Final Punch list. AS-Built Plans. Project Meetings
Task 4 Project Management
This task will cover the general project coordination and project meeting points, lncluded will be:
. Conference calls with the City to discuss the project progress.
r Communicate periodically through the advancement of the conslruction to discuss any interim results,
challenges and directionsr lnvoicing.
Task5 Load Rating
This task shall provide a load rating reporl of the AS-built structure for the City Records and the WSDOT structures inventory. The
load rating shall be completed in accordance with the WSDOT BDM Chapter 13 and the AASHTO Manualfor bridge evaluation
(cunent edition).
Deliverables:¡ Road Rating report
Items not included in lärb proposal;
Full time onsite inspection (Assumed to be City of Kent),
Materials testing services,
Grou nd lmprovement lnspection
Full time shaft inspection
Please see the enclosed spreadsheet for a summary of our estimated cost & hours for this phase of the project. We
lookforwardtoworkingwithyouagainonthisproject. lfyouhaveanyquestionspleasefeelfreetocall.
Please see the enclosed spreadsheet for a summary of our estimated cost and hours for this project. We look forward
to working with you again on this exciting project. lf you have any questions please feel free to call.
Sincerely
David R. Shearer S E.
Principal Bridge Engineer
SHEARER DESIGN
\SHEARERSERVER\D-Drive\ADMIN\Job Contracts\C-0177 Kent S 224th\Construction Support\o177 S 2241h Construction
Support.docx
18
EXHIBIT ''8"
COIUPENSATION
16
iKen langholz
i(253) 856-55
City of Kent2h6no17
pports. 224th SuctionnstruCo671RouteState&Street
101
904
781-7830Shearer
TaskLLC.
Project
I
fask 2
4
5
3
Shearer Des¡gn LLC
Professional Services Agreement
19
EXHIBIT "8"
COMPENSATION
11
Ken lanqholz
so.o0
$0"00
g.l,l.20't.28
B
'Subconsultants ìC
Total A+B+C
totals
52
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20
$4 99Z"UU
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$96.00
0
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24
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$0.00i
ü
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141.12 $r 18.44 $103.95
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Engineer
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1
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B¡llinq Rates
Mileaoe
Exoense Total
ub ïotafs
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Date
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Subconsultants
-Bid Ass¡stance
ng
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Shearer
of-s*g-pPo4 - _S. 224th Street & State Route 157 Gonstruction
ishearer
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Shearer Des¡gn LLC
Professlonal Services Agreement
20
EXHIBIT "B"
COMPENSATION
.* **_p-9.9!
$0_00
Total A+B+C
Engineer
Stãff
40
40
40
e
200
s96.00
s19 200 00
.95$1
32
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32
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s
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Senior FropctPrincipal Engineer Enqineer
onConstructi671uteRoState&Street224ths.
4
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2002120
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Sub Totals
Exoense Totâl
Subconsultânts
78 1 -7830
rer Design LLc.
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2.1
2.2
Shearer Design LLC
Professional Serv¡ces Agreement
21
EXHIBIT "B'
COMPENSATION
$0.00
Count
40
$0.00JB
hr ea
ity of Kent :
Expenses
Subcônsultants lC
Weeklv Meetinqs
4
Surn totels
(
s9.216.00
16
96
$96.C¡L
rneer
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$1 03.95
$ 1 03.9t
16
32
$3.326.40
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$11844
40
0
$1 1E.44
$U.UU
i I otalRete
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16
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i
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tô
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to
16
ee1
8¡lllnq Rates
otal
ate
Sub totals
H
Subconsultants $
I Shearers E
Weeklv Meetinqs
Foundation
Re¡nforcernent spot Check
Girder Set
Shaft Construction
SEWWall Construction
Deck Placement
Final Punch List
,A.s -Built Plans
Prìnc¡pal
fãsk 3
, $31,ð93.12
S. 224th Street & State Route 167 Construction Su
781 -7830Shearer
Task EstimatehearerN LLC.
Sheerer Design LLC
Profess¡onal Services Agreement
22
EXHIBIT "B"
COMPENSATION
Meetinqs
856-5s1
Ken lanqho
Hr each
hours
6
30
A I s8,340.4€
ly of Kent l
lOVo'
1
Sum totals
fotal A+B+C
Engineer
Staff
$96.00
$720,0c
Projec{
Enqineer
$0.00
$0.'.9!
-
ù-
ineer
Doherty
$1 18.44
s0.00
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$7.620_48
Street & State Route n Support
I
167 Constructios.224th
%-!Lcñrtrulpl€
Meetinos
E:çense Total
raal( 4
781-7830
mateTaskLLC.Shearer
1
Project Coord¡nat¡onI
Shearer Des¡gn LLC
Professional SeMces Agreement
23
EXHIBIT'8"
COMPENSATION
$0.o0
$0.00i
I
Ken lanqholz
1253) 856-5516
B
c
r $13,101.36
tv of Kent
xpenses
ium iotals
Total A+B+C
$4,992.uU
$96.00
s96.00
40
12
Prurll
4t
$1 03.9e
s4.1 5E-00
Total
$0_00
SU,UU
s
Project Statf
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$1 03"95
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40
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0
$1 1ð.44
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2ó
$1 41.12
s3.951 _30
0
S. 224th Street & State Route 167 Construction Support
2t16t2017
Princ¡pal
Senior
Engineer
ee.12Cad
tnm
Billina Rates
Mileaqe
Exoense Total
Sub Totals
itants
F¡nel Reporl
Proiect
Dâte
shearer s E
lasl(s i
7ü-7A30Sheerer
Task EstimateDesign u-c.
Shearer Design LLC
Professional Servlces Agreement
24
EXHIBIT C
TNSURANCE REQUTREMENTS FOR
CONSULTANT SERVICES AGREEM ENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors,
A, Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers'Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodíly injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit,
B
25
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
whornclaim 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:VIL
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
EXHIBIT C (Continued)
3. Profesqipnal Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
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,
26
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: June 19, 2017
TO: Public Works Committee Members
FROM: Jason Bryant, Sr. Construction Inspector
THROUGH: Eric Connor, Construction Engineering Manager
Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Contract with GeoEngineers for LID 363: S 224th Street
Improvements 84th Ave S to 88th Ave S - Recommend
SUMMARY: This contract is for the LID 363: S. 224th Street Improvements Project -
84th Avenue South to 88th Ave South. This project consists of the realignment of S.
224th Street at 84th Avenue S., and includes a $15 million bridge over SR 167 and
structural earth walls. Council authorized the Mayor to award the construction contract
for this project on June 6, 2017. We anticipate the start of construction in July.
GeoEngineers will provide geotechnical engineering services during construction
including construction observation, soils testing, and documentation related to the
project’s structural earth walls, bridge foundation, dewatering, and ground
improvements. GeoEngineers is the Engineer of Record related to the geotechnical
elements of the project.
EXHIBIT: Contract
BUDGET IMPACT: This is a budgeted item, included in funding provided by Local
Improvement District 363, the Washington State Transportation Improvement
Board, and City Transportation Improvement Funds.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with GeoEngineers to provide geotechnical
engineering services for the South 224th Street Improvements Project
(84th Ave S to 88th Ave S) in an amount not to exceed $190,138.00, subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
27
This page intentionally left blank
28
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
GeoEngineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington,
located and doing business at 1101 Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940,
Contact: Lyle Stone (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide construction observation, consultation, and documentation for
geotechnical aspects of the S. 224th Street Improvements Project. For a description, see
the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Ninety Thousand, One Hundred Thirty Eight Dollars ($190,138.00), 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 B.
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:
29
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
30
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 shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
31
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
/ /
/ /
/ /
/ /
/ /
32
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: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Lyle Stone
GeoEngineers, Inc.
1101 Fawcett Ave., Suite 200
Tacoma, WA 98402
(253) 383-4940 (telephone)
(253) 383-4923 (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
GeoEngineers - 224th Construction/Bryant
33
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: _________________________________________
34
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.
35
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: _________________________________________
36
Þ-
EXHIBITA
cEoENctNEERS, tNC.
SOUTH 2241H CORRIDOR STREET IMPROVEMENTS
PHASE I - SR 167 BRIDGE
84TH AVENUE SOUTH TO 88IH AVENUE SOUTH
CONSTRUCTION OBSERVATION AND CONSUTTATION
KENT, WASHINGTON
MARCH 7.,2OL7
FtrE NO.0410-145-04
INTRODUCTION
The purpose of our services is to provide construction observation, consultation, and documentation for
geotechnical aspects of the South 224th Street Bridge over State Route (SR) 167 in Kent, Washington. This
is Phase I of the larger South 224tn Corridor project, which will include connecting South 224tn Street to
SR 515 to the east via South 218th Street. Our geotechnical design recommendations for the bridge and
embankment are provided in our report "Geotechnical Findings and Recommendations Revised Report,,
dated July 1.5,2OL6.
The project will include installation of eleven drilled shafts, installation of ground improvement, construction
of geosynthetic or structural earth walls (SEWs) supporting approach embankments, installation of storm
drainage and utilities, and pavement and roadway improvements. We understand that the total project
schedule is expected to be about 15 months. Our labor estimates are based on projects of similar size and
scope.
SCOPE OF SERVICES
Our specific scope of services for the South 224th Project includes:
7. Attend construction coordination meetings as required and requested. We budget for Lyle Stone (Senior
Engineer) to attend one kick-off meeting and up to 10 on-site construction meetings during the project.
Weekly coordination meetings attended by field staff are included with the scoped site visits.
2' Review contractor submittals. We will review material submittals and submittals for contractor-
designed elements to confirm they are in accordance with our recommendations. Our review will be to
confirm that the project specifications have been met. The contractor will remain solely responsible for
worker and work site safety. We anticipate reviewing submittals for dewatering, shaft installation,
ground improvement submittals, SEW design, and various earth materials submittals.
3. Provide full-time construction observation services to support the City of Kent's construction inspectors
during drilled shaft installation. We will prepare field reports and shaft completion reports documenting
observed excavated soils, a timeline of construction activities, and other pertinent observations. We
have budgetedfor 22 days on site;two days per drilled shaft. One day of field observation for drilled
shaft installation is assumed to include 10 hours on site plus travel and documentation time.
4. Provide full-time construct¡on observation services to support the City of Kent's construction inspectors
during ground improvement installation. We will prepare field reports documenting observed
installation methods, a timeline of construction activities, and installed ground improvement volumes
37
City of Kent March 1, 2017 Page 2
or other quantities. We have budgeted for 20 days on site. One day of field observation for ground
improvement installation is assumed to include 10 hours on site plus travel and documentation time.
5. Provide full-time and part-time construction observation services to support the City of Kent's
construction inspectors during SEW and embankment construction. We will prepare field reports
documenting observed excavated soils, a timeline of construction activities, and other pertinent
observations. We have budgeted for 50 full-time days and 25 part-time days on site. This budget is
based on the assumption that fill will be placed over a 2O-week period; we have assumed that site
visits will not be required every day. One full-time day of field observation is assumed to include 8 hours
on site plus travel and documentation time. One part-time day is assumed to include 4 hours on site
plus travel and documentation time.
6. Part-time construction observation services to support the City of Kent's construction inspectors during
construction of utility and roadway improvements. We have budgeted for 2O part-time days on site. One
part-time day is assumed to include 4 hours on site plus travel and documentation time.
7 . Provide laboratory soils testing as required and requested. We have budgeted for 16 sieve analysis and
8 Proctor compaction tests. We understand that a materials testing firm will also be retained by the
City and will provide additional materials testing support.
8. Provide additional construction support services as required and requested. We have budgeted for 10
additional site visits and 40 additional hours from a senior geotechnical engineer.
US:GHS:tt
Attachment:
Exhibit B Fee Estimate
Discla¡mer: Anyelectronicf0rm, facsimile 0r hard copy0fthe original document(email, text, table, andlorfìgure), ifpr0vided, and anyattachmentsare onlya copy
0fthe original document. Ihe original documentisstored by GeoEngineers, lnc. and will serue asthe official document0f record
Copyr¡ght@ 2017 by GeoEng¡neers, lnc. All rights reserved.
File No. 0410'145 04
GeoErucr¡t EERIJ/
38
Exhibit B: Fee Estimate
south 224th corridor (phase I - sR L67 Bridge) Gonstruction
Kent, Washington
Fee
Estlmate
$9,584
$777
$8,1s8
$30,490
$3s3
$27,767
$321
$73,447
$7,204
$15,401
$321
$2,842
$1,920
$1,800
$16,200
$161
$183,882
$6,256
$190,138
Direct
Expenses
s30 @ $0.535
360 @ $0.53s
600 @ $0.535
2250 @ $0.535
600 @ $0.535
16 @ $120
8 @ $225
300 @ $0.535
Total
Hours
46
4A
293.5
267
674.75
727
77
720
1,593
Support
(Various)
6
16.s
_15
56.25
15
108.7s
Senlor
Technlclan
(Emlly Walner)
Rate
264
450
80
1034
Englneer 1
(Lucy Astorta)
!25
100
225
Englneer 3
(Chrls
Newton)
Hours
20
12
32
Senlor
Englneer 2
(tyle Stone)
.00
Hours
44
20
!7
10
37.s
10
4
40
176.5
Geotechnlcal
Prlnclpal
(Garry
Squlres)
2
2
2
6
2
7
77
Task Descrlptlon
1: Me€tings
Labor
M¡leage
2: Submittals
Labor
3r Construction Obs. Shafts
Labor
Mileage
4: Construction Obs. Ground lmprovement
Labor
Mileage
5: Construction Obs. Embankments
Labor
Mileage
Roadway6: Construction Obs.
Labor
Mileage
7: Laboratory Anal)rsis
bor
Seive Analyses
Proctor compactoin Tests
8: Contingency
Labor
Labor
Direct
@@Eil
File No. O41G145{4
Exhibit B: Fee Est¡mate March 1-,20L7 GroExe rx ÉÊRsJ/
39
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 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
40
EXHIBIT C (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
41
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42
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: June 19, 2017
TO: Public Works Committee Members
FROM: Mark Madfai, P.E., Design Engineering Supervisor
Carla Maloney P.E., Design Engineering Manager
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
SUBJECT: South 228th Street Union Pacific Railroad (UPRR) Grade
Separation Project - Port of Seattle Reimbursement Agreement
SUMMARY: In 2002, the Port of Seattle Signed a Memorandum of Understanding
(MOU) developed through the Freight Action Strategy for Seattle & Tacoma (FAST)
to fund grade separations and other road and rail improvements. The MOU included
the S 228th Street railroad grade separations.
The FAST MOU expired in 2005, so in 2009 the City and Port signed an MOU
pledging, a Port contribution of $1.19 million toward the grade separations on 228th
at the BNSF and Union Pacific railroads. The Port paid $595,000 toward the BNSF
grade separation in 2009.
The proposed agreement was developed for the S 228th St/Union Pacific Railroad
Grade Separation Project and includes the Port of Seattle contributing $595,000 to
the project.
EXHIBIT: Agreement
BUDGET IMPACT: These funds will be included in the project budget.
Motion: Move to recommend Council authorize the Mayor to sign an
agreement with the Port of Seattle committing to the Port’s contribution
of $595,000 toward the construction of the S 228th Street Union Pacific
Railroad Grade Separation Project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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44
Agreement - City of Kent and Port of Seattle Page 1 of 7
AGREEMENT
This Agreement is entered into as of this ______ day of ______________, by and
between the City of Kent (”City”), a municipal corporation of the State of Washington
and the Port of Seattle (“Port”) a municipal corporation of the State of Washington to
implement the Memorandum of Understanding among the principal parties of the Freight
Action Strategy Transportation (“FAST”) corridor, by sharing funds to construct grade
separations on S. 228th Street in Kent, Washington.
RECITALS
WHEREAS, the assurance of continued freight and passenger mobility
throughout Puget Sound is an issue of critical strategic importance to the Port; and
WHEREAS, projected growth in cargo volumes and the implementation of
commuter rail service by the Regional Transit Authority are expected to generate more
frequent mainline rail traffic, with a projected increase in traffic congestion at many of
the at-grade crossings along major arterials; and
WHEREAS, the Port , the State of Washington (State), King County (County),
the Port of Tacoma, the City, and other local jurisdictions have developed and signed the
Freight Action Strategy Memorandum of Understanding (“FAST MOU”) for grade
separations and other road and rail improvements; and
WHEREAS S. 228th Street is listed on Attachment B to the FAST MOU as
among FAST Corridor Phase II Projects for immediate implementation; and
WHEREAS the S. 228th Street Project calls for road improvements along a three
mile corridor, and for grade separations at the Burlington Northern Santa Fe (“BNSF”)
rail line, and at the Union Pacific (“UP”) rail line; and
WHEREAS, the first phase of the S. 228th Street Project (road improvements) is
complete, open to traffic, and provides access from the Kent valley up the west hill to I-5;
the second phase (grade separation at the BNSF) was completed in 2009 and provides
uninterrupted access over the BNSF rail lines; and
WHEREAS, the final phase of the S. 228th Street Project (grade separation at the
UP crossing) (“Project”) is being designed and permitted in 2017; and
EXECUTION COPY
45
Agreement - City of Kent and Port of Seattle Page 2 of 7
WHEREAS, the grade separations, which will complete the S. 228th Street
Project, are critical to address the impacts of increased rail traffic resulting from the
reopening of Stampede Pass to freight traffic, and will specifically benefit the Port by
providing a seamless connection between the forty million square feet of warehouse and
industrial space within the Kent valley, the Port of Seattle and Sea-Tac Airport; and
WHEREAS, the grade separations, while located on arterials within the corporate
limits of the City, will benefit all of the parties to the FAST MOU by promoting the
efficient movement of passengers and cargo throughout the region; and
WHEREAS, pursuant to the FAST MOU and the 2009 interlocal agreement
between the Port and the City (“2009 Interlocal”), the Port made a funding commitment
to the 228th Street Project of One Million One Hundred and Ninety Thousand Dollars
($1,190,000.00) for use in construction costs only; and
WHEREAS, the Port paid $595,000 to the City under the 2009 Interlocal for
construction costs associated with the BNSF grade separation project; and
WHEREAS, the remaining Port contribution of $595,000 will be allocated to the
Project scheduled for completion in 2019.
AGREEMENT
1. PROJECT DESCRIPTION
Construction of a grade separation at the UP rail lines on S. 228th Street to
complete the S. 228th Street corridor between 84th Avenue S. and Military Road/I-5 with
four (4) travel lanes as reflected in Exhibits A, B and C attached hereto.
2. TERMS AND CONDITIONS
2.1 At-Grade Railroad Crossing: Upon completion of the Project, the existing
at-grade crossing will be permanently closed.
2.2 Lead Agency: The City shall be lead agency for the Project in regard to
SEPA/NEPA compliance and obtaining all necessary permits. As lead agency the City
shall be responsible for accomplishing all aspects of the Project.
2.3 Consultants and Contractors: The City shall retain consultants and
contractors for the purposes that include, but are not limited to the design, right-of-way
acquisition, inspection, and construction of the Project. The City, at its sole discretion,
shall select, hire, or coordinate with other agencies to retain consultants or contractors.
46
Agreement - City of Kent and Port of Seattle Page 3 of 7
2.4 Value Engineering: A value engineering study was performed summer
2016, on the Project.
2.5 Contact Persons: The parties to this Agreement shall designate person(s)
to act as liaison for the Project. The contact persons shall meet on a scheduled basis at a
frequency appropriate to the status of the Project.
2.6 Schedule/Scope: Design work on the Project is estimated to be completed
in 2017 with construction estimated to commence in 2017, and Project completion in
2019. The City shall determine the schedule for the Project based on funding, right-of-
way acquisition and other items that dictate the schedule. The Port shall be notified of any
schedule changes. Construction change orders that do not change Project functionality
and benefits to the Port, or the overall scope or general schedule of the Project will not
require coordination or documentation with the Port. Any changes to the functionality of
the Project and benefits to the Port, as described in Section 1, and further illustrated in
Exhibits A, B and C shall require coordination with the Port. The Port’s funding is
contingent on the Project being constructed as described in Section 1.
2.7 Project Schedule: Upon commencement of Project construction the City
shall provide the Port with a report that includes a copy of the WSDOT/FHWA approved
Project schedule (or analogous format), and final engineer’s estimate with contract bid
items or summary of values.
3. PAYMENT
3.1 Reimbursement: The Port agrees to reimburse the City for the direct costs
of construction for the Project, up to a maximum amount of Five Hundred and Ninety-
five Thousand Dollars ($595,000), inclusive of any applicable taxes. The direct costs of
construction include: mobilization, maintenance of traffic, temporary erosion and
sedimentation control, earthwork, pavement, drainage, structures, traffic items (including
signage, signalization, lighting, Intelligent Transportation Systems, and pavement
markings), retaining walls, landscaping, environmental mitigation, and utilities.
3.2 City Request for Payment: Total construction cost is currently estimated
to be Twenty Million Dollars ($20,000,000). The Port shall make three (3) payments to
the City for the Project as follows:
a. The first payment of Two Hundred and Fifty Thousand Dollars
($250,000), after the City has made progress payments to the Project
contractor totaling at least 50% of the construction contract value. This is
expected in 2018. At the time of making application for payment the City
shall provide to the Port a Project progress report. The progress report will
include a narrative describing the Project progress since commencement
of construction, an updated Project construction schedule showing percent
completion of the major work elements and a tabulation of the
47
Agreement - City of Kent and Port of Seattle Page 4 of 7
construction progress payments made, such that fifty percent (50%)
completion of the Project can be determined.
b. The second payment of Two Hundred and Fifty Thousand Dollars
($250,000), upon the City’s acceptance of the Project’s substantial
completion (as defined in the construction contract) and the Port’s receipt
of a copy of the letter from the City to the Project contractor
acknowledging such. The Port reserves the right to request an inspection
of the Project to confirm it is completed and operational.
c. The final payment of Ninety-five Thousand Dollars ($95,000), upon the
City’s final acceptance of the Project (as defined in the construction
contract) and the Port’s receipt of a letter from the City’s Project Manager
attaching the Certificate of Final Acceptance. This is expected in 2019.
3.3 Payment: The Port agrees to make payments to the City within thirty (30)
days from receipt of a billing from the City and other documents as may be required
under Section 3.2.
4. AMENDMENT
Either Party may request changes to the provisions contained in this Agreement.
Any change to this Agreement must be mutually agreed to by both Parties, in writing and
executed with the same formalities as the original Agreement.
5. NOTIFICATION
Any notice required or permitted to be given pursuant to this Agreement shall be
in writing, and shall be sent postage prepaid by U.S. Mail, return receipt requested, to the
following addresses unless otherwise agreed to by the parties to this Agreement:
To the City: Project Manager, S. 228th Street Grade Separation
City of Kent
400 W. Gowe Street
Kent, WA 98032-5895
To the Port: Regional Transportation Manager
Port of Seattle
2711 Alaskan Way
Seattle, WA 98121
6. RECORDS RETENTION AND AUDIT
During the progress of the work and for a period not less than six (6) years from
the date of the Port’s final payment to the City, the records and accounts pertaining to the
Project and accounting thereof are to be kept available for inspection and audit by the
Port, the State of Washington and the federal government. Copies of all records,
accounts, documents, or other data pertaining to the Project will be furnished upon
48
Agreement - City of Kent and Port of Seattle Page 5 of 7
request. If any litigation, claim, or audit is commenced, the records and accounts along
with supporting documentation shall be retained until all litigation, claim, or audit finding
has been resolved even though such litigation, claim, or audit continues past the six (6)
year retention period. This provision is not intended to alter or amend records retention
requirements established by applicable state and federal laws.
7. DISPUTES
The designated representatives under Section 5.0, NOTIFICATION, shall use
their best efforts to resolve disputes between the Parties. If the designated representatives
are unable to resolve a dispute, then the responsible Project directors for each party shall
review the matter and attempt to resolve it. If the Project directors are unable to resolve
the dispute, the matter shall be reviewed by the department director or chief executive
officer of each party or his or her designee. The parties agree to exhaust each of these
procedural steps before seeking to resolve disputes in a court of law or any other forum.
8. EFFECTIVENESS AND DURATION
This Agreement is effective on the date stated in the introductory clause and will
remain in effect until Project completion, unless otherwise stated herein or unless
amended or terminated.
9. TERMINATION
Either party may terminate this Agreement at any time upon thirty (30) days
written notice. If either party decides to terminate this Agreement, the Port shall
reimburse the City for all costs payable under this Agreement and all non-cancelable
obligations that the City incurred prior to termination. For the purposes of this
Agreement, “non-cancelable obligations” are defined as those costs that the City is
obligated to pay as of the day that either party provides notice that it is terminating this
Agreement.
10. INDEMNIFICATION AND HOLD HARMLESS
10.1 To the maximum extent permitted by law, the City shall protect, defend,
indemnify and hold harmless the Port, its officers, officials, employees and agents from
any and all costs, claims, demands, suits, actions, judgment and/or awards of damages,
including but not limited to reasonable attorney’s fees, to the extent arising out of, or in
any way resulting from, the City’s own negligent acts or omissions, or the negligent acts
or omissions of the City’s employees, agents and contractors. The City agrees that its
obligations under this Section extend to any claim, demand and/or cause of action
brought by, or on behalf of, any of its employees or agents. For this purpose, the City
hereby waives, with respect to the Port only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provision of Title 51 RCW to
the extent necessary to provide indemnification as required under this Agreement.
49
Agreement - City of Kent and Port of Seattle Page 6 of 7
10.2 The indemnification, hold harmless, and/or waiver obligation described in
this Section shall survive the termination of this Agreement. In any action to enforce the
provisions of the Section each party shall be responsible for its own costs and attorneys’
fees.
11. VENUE
This Agreement shall be deemed to be made in the County of King, State of
Washington, and the legal rights and obligations of the City and the Port shall be
determined in accordance with the laws of the State of Washington. All legal actions in
connection with this Agreement shall be brought in the County of King, State of
Washington.
12. OTHER PROVISIONS
12.1 Severability: A determination by a court of competent jurisdiction that
any provision of this Agreement or any part thereof is illegal or unenforceable shall not
cancel or invalidate the remainder of such provision of this Agreement, which shall
remain in full force and effect.
12.2 Interpretation: The captions of the Sections of this Agreement are not a
part of the terms or provisions of this Agreement. Whenever required by the context of
this Agreement, the singular shall include the plural and the plural shall include the
singular. The masculine, feminine and neuter genders shall each include the other.
12.3 Waivers: Either party’s failure to enforce any provision of this Agreement
shall not be a waiver and shall not prevent either Party from enforcing that provision or
any other provision of this Agreement in the future.
12.4 Exhibits: This Agreement includes the following exhibits: Exhibit A:
228th Vicinity Map/Project Benefits; Exhibit B: Project Plan and Profile, and Exhibit C:
Typical Cross Section which shall be deemed incorporated into this Agreement by this
reference.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
stated in the introductory clause.
PORT OF SEATTLE CITY OF KENT
_____________________ ______________________
David Soike Suzette Cooke
Interim Chief Executive Officer Mayor
[Additional signatures on next page]
50
Agreement - City of Kent and Port of Seattle Page 7 of 7
APPROVED AS TO FORM: APPROVED AS TO FORM:
__________________________ ________________________
Port of Seattle Legal Department City of Kent Law Department
51
South 228th Street Union Pacific Railroad
Grade Separation
The South 228th Union Pacific Grade Separation will support and reduce congestion of freight
moving through Kent's massive warehouse and industrial core to the Port of Seattle, Sea-Tac
Airport and the freeway system. Congestion affects the region's ability to compete with other
ports and manufacturing centers nationally and internationally. The Kent valley's warehouse and
industrial complex is the 4th largest on the west coast.
Additional project benefits include:
·Increased rail and roadway capacity
·Enhanced safety
·Improved freight mobility
·Provides regional connections between thousands of businesses, employers and 40 million
square feet of warehouse/industrial space.
The rail traffic on the UP Railroad mainline is rising as a consequence of increased demand for
movement of freight traffic in the Puget Sound area.
With the completed S. 228th Street corridor to the west and the completed grade separation at
the BNSF, the UP grade separation is the third and final phase to complete the S. 228th Street
corridor. This will provide a seamless connection between the Kent valley and the I-5 corridor and
will be a conduit for the shipment of freight to and from Kent's vast freight network.
Project Benefits:
Exhibit A
PROJECT
KENT
52
City of Kent
Public Works Department
Engineering Division
53
54
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: June 19, 2017
TO: Public Works Committee Members
FROM: Bill Thomas, Street and Vegetation Manager
THROUGH: Dave Brock, P.E., Deputy Director / Operations Manager
SUBJECT: Annual On-Call Tree Removal Contracts
SUMMARY: Public Works periodically receives reports of wind-blown, dead,
diseased, damaged or otherwise hazardous trees or foliage. Staff members that are
certified arborists inspect each reported situation.
Average annual expenditures for tree removal using outside contractors (exclusive
of street trees) for the last several years has been approximately $100,000. This
dollar amount does not include city staff time or equipment. Wind storms can cause
this figure to vary. Significant staff time has been spent in the past acquiring quotes
for each dangerous tree situation, which delay’s dangerous tree and debris removal.
A new methodology was reached through consultation with our City Attorney and a
LEAN type exercise which will speed up the time required removing hazardous trees.
The new process for hazardous tree removal will be more efficient and provide for a
contractor to meet staff on-site to provide an estimate. If the estimate is
reasonable, staff can authorize the work to be completed within 24 hours. The
annual on-call tree removal contracts will terminate on July 6, 2018.
EXHIBIT: Request for Waiver of Bidding Requirements Memorandum from Joseph
Codiga to the Mayor, dated April 20, 2017
BUDGET IMPACT: Expenditures for tree removal will be charged to existing Storm
Utility and Street operating budgets, depending on the location of the tree.
Motion: Authorize the Mayor to sign Goods and Services Agreements with
Hunter Tree Service; Davey Tree; Nature’s Way Tree Service, LLC; Knotty
Tree Service; and Arborwell Tree Management in an amount not to
exceed $100,000 for the removal of hazardous trees or other foliage on
City right-of-ways or other City property, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
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56
KENT
OFFICE OF THE CITY ATTORNEY
CIVIL DIVISION
TOM BRUBAKER, CITY ATTORNEY
22O 4th Avenue South
Kent, WA 98032
Fax: 253-856-677O
PHONET 253-856-5770WaSHtNGToN
To:
From:
CC:
Date:
Re:
Memo
Suzette Cooke, Mayor
Joseph Codiga, Drainage Vegetation Field Supervisot
^:
¡ t
William Thomas, Street and Vegetation Manager +VBrþl*
April 20, 2Ot7
Request for Waiver of Bidding Requirements Pursuant to KCC 3.7O.110 for Hazardous
Tree Removal
le,/,
The City's Public Works Depaftment is requesting that you waive the requirement to solicít
written bids or quotations set forth in KCC 3.70.080 to enter into Goods and Services
Agreements with Hunter Tree Service; Davey Tree; Natures Way Tree Service, LLC; Knotty
Tree Service; and Arborwell Tree Management for the removal of hazardous trees or other
foliage on City right-of-ways or on other City property as needed.
Public Works Staff regularly receives repofts of dead, diseased, damaged or otherwise
dangerous trees or foliage. Staff must then contact an arborist to assess the tree and take
action based upon this assessment. These assessments must be timely and reliable. We believe
it is in the City's best interest to select arborists that have demonstrated their ability to
complete timely, reliable and high quality work for the City. The vendors listed above have all
done so.
KCC 3.70.110(A) allows the Mayor to waive the bidding requirements for the purchase of
goods, materials, equipment, or services that are not part of a public work upon a finding that
the bidding requirements would otherwise not be practicable or in the City's best interests
under the circumstances. For the reasons discussed above, we believe it is in the City's best
interest to negotiate goods and services agreements with the vendors listed above and request
that you authorize the waiver of the bidding requirements.
Cooke Date / /
o /7
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58
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
[Insert Vendor's Co. Name]
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and [Insert Vendor's Company Name] organized under the laws of the State of
[Insert State Co. Formed Under], located and doing business at [Insert Vendor's Address, Phone Number,
and Contact Person] (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
A. Vendor shall provide the following goods and materials and/or perform the following
services for the City only upon the City’s request:
Remove or trim hazardous trees or other foliage on City right-of-ways or on other City
property as requested.
B. Vendor acknowledges and understands that it is not the City’s exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
through other sources. This Agreement does not guarantee the City will request any goods,
materials or services from the Vendor, nor does it obligate the City to obtain them from the
Vendor.
C. Vendor agrees that any services furnished under this Agreement shall be performed by an
ISA Certified Arborist, in accordance with generally accepted professional practices within
the Puget Sound region in effect at the time such services are performed.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services as requested and within 24-hours of a request,
unless otherwise specified by City staff. The vendor acknowledges and understands that time is of the
essence for any services requested by the City.
III. COMPENSATION. The City shall pay the Vendor after requested work is completed as
invoiced. The total of all requested work shall not exceed $100,000.00, per annum, including applicable
Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. This
The City shall pay the Vendor the following amounts according to the following schedule:
59
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
The Vendor shall invoice the City after requested work is completed.
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
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:
A. The Vendor 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 Vendor maintains and pays for its own place of business from which Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor’s services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor 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 Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
60
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
V. PREVAILING WAGES. Vendor shall file a “Statement of Intent to Pay Prevailing Wages”
with the State of Washington Department of Labor and Industries prior to commencing the Contract work.
Vendor shall pay prevailing wages in effect on the date this Agreement is executed by Vendor, and comply
with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage
rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries
is attached.
VI. 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. This Agreement shall automatically terminate on July 6, 2018.
VII. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, Vendor must submit a written amendment request to the person
listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days
of the date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
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GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor 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.
Vendor 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.
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GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
XII. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor’s part, then Vendor
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
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit [Insert Exhibit #] attached and
incorporated by this reference.
XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor 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
Vendor's own risk, and Vendor 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.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, 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 XI 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
63
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
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 Vendor.
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 Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor'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 Vendor 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 Vendor 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 Vendor 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.
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.
VENDOR:
By: (signature)
Print Name:
Its (title)
DATE:
CITY OF KENT:
By: (signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
64
GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSST)
VENDOR:
[Insert Contact Name]
[Insert Company Name]
[Insert Address]
[Address - Continued]
[Insert Telephone Number] (telephone)
[Insert Fax Number] (facsimile)
CITY OF KENT:
[Insert Name of City Rep. to Receive Notice]
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) [Insert Phone Number] (telephone)
(253) [Insert Fax Number] (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[In this field, you may enter the electronic filepath where the contract has been saved]
65
EEO COMPLIANCE DOCUMENTS - 1 of 3
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 of 3
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.
67
EEO COMPLIANCE DOCUMENTS - 3 of 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: _________________________________________
68
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: June 19, 2017
TO: Public Works Committee Members
FROM: Evan Swanson, Water Quality Inspector
THROUGH: Shawn Gilbertson, Environmental Supervisor
Mike Mactutis, P.E. Environmental Manager
Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Contract with RH2 for Water System Plan Update - Recommend
SUMMARY: The Water System Plan (Plan) is a document required to be updated and
developed by all municipal water purveyors pursuant to guidelines and standards
promulgated by the Washington State Department of Health. The Plan will provide a
detailed overview of the Kent Water System including current storage capacity,
demand, and delivery capability. It will describe future water system demand based on
growth predictions and will identify possible deficiencies and capital projects that can
remedy the deficiencies.
The proposal before the committee requests approval to enter into a contract with RH2
Engineering to complete the 2017 City of Kent Water System Plan.
EXHIBIT: Consultant Contract
BUDGET IMPACT: No budget impact. Contract will be paid through previously
budgeted funds from the Water Utility.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with RH2 Engineering to complete the
2017 Water System Plan Update in an amount not to exceed $366,775.00,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
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70
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
RH2 Engineering
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and RH2 Engineering organized under the laws of the State of Washington,
located and doing business at 22722 29th Drive SE, Suite 210, Bothell, WA 98021, Phone: (425) 951-
5394, Contact: Michele Campbell (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide tasks necessary to an update to the City of Kent's Water
System Plan. 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 February 28, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Three Hundred Sixty Six Thousand, Seven Hundred Seventy Five Dollars ($366,775.00), 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:
71
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
72
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
73
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
/ /
/ /
/ /
/ /
/ /
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Michele Campbell
RH2 Engineering
22722 29th Drive SE, Suite 210
Bothell, WA 98021
(425) 951-5394 (telephone)
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
[In this field, you may enter the electronic filepath where the contract has been saved]
75
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: _________________________________________
76
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.
77
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: _________________________________________
78
EXHIBIT A
Scope of Work
City of Kent
Water System Plan Update
June 2OL7
Background
This Scope of Work includes tasks necessary to update the City of Kent's (City) Water System Plan (WSP) and
evaluate the ability of the water system to meet the needs of existing and projected future water system
customers throughout the 20-year planning period. Based on the current planning requirements of
Washington Administrative Code (WAC) Chapter 246-290, the City's WSP must be updated every 1-O years.
The City has elected to update some chapters and appendices internally. These WSP elements will be reviewed
and incorporated by RH2 into the final WSP to maintain consistency within the document and confirm that
each element meets the required planning objectives.
This Scope of Work is based on published regulatory requirements for water system plans known at the time
of th¡s writing. lf new or expanded regulatory requirements are published during the course of this project, a
contract amendment, along with a scope of work and fee estimate, can be provided for the additional work
needed to satisfy the requirements. Enclosed as Exhibit B is a list of data to be provided by the City prior to
commencement of the act¡vities contained in this Scope of Work.
Task 1- Project Management and Data Collection
Objective: Manage the RH2 project team, files, and records. Monitor the scope of work and budget and
provide monthly invoices. Assist the City in collecting data for the water system planning process. Coordinate
with King County and the Washington State Department of Health (DOH) throughout the development of the
WSP.
Approach:
1'.'J- Review work for consistency with this Scope of Work, monitor budget spent, and manage RH2 team.
1'.2 Prepare monthly progress reports documenting the work completed for each month to be included with
the monthly invoice,
1.3 Maintain project records and files.
1.4 Attend a pre-planning conference with City, King County (County), and DOH staff.
L.5 Coordinate with City staff during the data collection and WSP development process, This includes
coordinating via telephone, submitting the list of data needed, reviewing data provided by the City, and
coordinating with the City on supplemental chapters and appendices prepared by City staff.
1.6 Attend one (1-) meeting with City staff to review collected data.
1'.7 Coordinate with the County and DOH throughout the planning process to provide schedule and progress
reports towards completion of the WSP.
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79
City of Kent
Water System Plan Update
Exhibit A
Scope of Work
Assumptionsz To reduce the tevel of effort needed to updøte the WSP, RH2 will rely on the accuracy ond
completeness of existing informotion, data, qnd moterials provided by the City ond others in relation to this scope
of work.
RH2 Deliverables: Monthly progress briefing of work completed to be included with invoice. Project records
filed. RH2 team coordination. Attendance at one (1) meeting with City, County, and DOH staff and
coordination via telephone and email with DOH. Attendance at one (1) meeting with City staff to review
collected data.
Task 2 - Introduction and Ex¡st¡ng Water System Description
Objective: Provide a description of the components of the existing water system.
Approach:
2.1, Describe the water system ownership and management. lnclude the system type, system identification
number, address, and contact person.
2.2 Describe the authorization and purpose of the WSP and the WSP contents, and provide a definition of
terms and a list of abbreviations used in the WSP.
2.3 Review previous plans, existing system information and data, and facility as-builts.
2.4 Visit each facility with City staff to collect field information and observe equipment layouts and existing
general condition. Field visits will be conducted by water system planning experts. Structural and
electrical inspections of facilities will not be performed.
2.5 Provide a brief overview of the history of the water system using information from the previous WSP
and historical summaries compiled and provided by the City. lnclude the current number of existing and
approved service con nections.
2.6 Describe the physicalcharacteristics of the existing water service area and its effects on water system
planning, including topography, geology, sensitive areas, and flood zones.
21 Describe the City's existing and projected future service areas, including the Urban Growth Area, retail
water service area, and water service agreements. lnclude existing plans for expanding the current
service area.
2.8 Summarize the Satellite Management Agency (SMA) program, its potential impacts on the City, and the
City's policy toward satellite management.
2.9 Provide a brief overview of the operation of the existing water system.
2.LO Describe each pressure zone and exist¡ng facilities, including sources of supply, pressure reducing
stations, pipelines, reservoirs, interties, and telemetry and supervisory control systems.
2.11 Provide a table of water main inventory that includes total lengths, diameters, materials, and age based
on available data.
2.L2 Review adjacent water systems and provide a brief description of the adjacent water systems and the
potential for emergency interties. Document existing emergency interties.
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80
City of Kent
Water System Plan Update
Exhibit A
Scope of Work
2.t3 Prepare color figures of the following.
¡ Existing Water System
r Existing System Hydraulic Profile
. Service Area and Adjacent Systems
RH2 Deliverables: Descriptions and figures of existing system components for City review and comment.
Attendance at one (L) visit to each facility with City staff.
Task 3 - Land Use and Population
Objective: Review planning-related documents and identify impacts on the City's water system for use in the
WSP.
Approach:
3.1 Prepare and review an inventory of related plans to provide a summary of the impacts or constraints on
the water system, including the King County Land lJse Plan and the South King County Coordinated
Woter System Plon, and review how the Growth Management Act (GMA) impacts the City.
3.2 Prepare DOH's Consistency Statement Checklist for each planning agency with which the WSP must be
consistent, including local and County planning jurisdictions.
3.3 ldentify existing and projected future land use patterns in and adjacent to the City and their impacts on
existing and future facilities and water sources for the water system,
3.4 ldentifrT current and projected housing trends and household sizes within the City's service area based
on available information from City staff, as well as County and state population data.
3.5 lnclude a table of L0-year and 2O-year population projections for both the City and the water service
area that comply with the GMA.
3.6 Prepare a color figure of the City's land use.
RH2 Deliverables: Descriptions and figures of planning data for City review and comment for the WSP.
Task4-WaterDemands
Objective: Review historical water use and forecast future water demands of the system.
Approach:
4.7 Tabulate monthly totals of metered consumption for each customer class and the average number of
accounts in service for each year from 2011 through 2016 based on available information provided by
the City. ldentify the seasonal variations in consumption for each customer class.
4.2 Tabulate twenty (20) of the largest water users and the total water use of each for the year 20L6.
4.3 Tabulate monthly and yearly totals of water supply from each supply facility from 201L through 2016.
4.4 Calculate per capita demands based on the average day demand and water system population data
from2}llthrough 2016.
4.5 Calculate the number of equivalent residential units (ERUs) within the system based on the water
consumption and supply data.
3
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81
City of Kent
Water System Plan Update
Exhibit A
Scope of Work
4.6 ldentify the total amount of distribution system leakage from 20L1 through 2016. Calculate the three
(3)-year rolling average of the distribution system leakage (DSL).
4.7 Tabulate total consumption of customers within each pressure zone based on the hydraulic model and
the parcel-consumption database provided by the City.
4.8 Calculate the system average day demand based on the yearly water supply data from 2011 through
2016.
4.9 Estimate the system's peak day and peak hour demands.
4.tO Prepare a table of generalfire flow requirements of each land use classification and identify buildings
with the largest fire flow requirements within the service area. Describe the relationship between fire
flow availability and the lnsurance Services Office ratings.
4.1L Document the historical demands lrom 2O1'J- through 2016.
4.I2 Document the current and past efforts for water use efficiency (WUE) and their impact on water
demand over the past six (6) years. Describe the water use efficiency improvements.
4.I3 Document the impact of climate change on the City's future demand projections.
4.'J.4 Develop annual demand projections for the first ten (10) years and projections for year twenty (20) and
year fifty (50) based on projected water system population data and historical per capita demands.
Demand projections shall be tabulated with and without additional water use reductions from the
proposed WUE program and climate change.
4.15 Describe the basis for and results of the existing and projected future water demand evaluation.
4.L6 Evaluate, describe, and prepare a graphic or table to demonstrate the seasonal variations in
consumption patterns for each customer class.
4.17 Document the results of the demand analysis in summary tables and the chapter text.
4.18 Prepare WUE reporting calculator template and demand forecast model for transmittal to the City.
4.!9 Coordinate with the City to provide data necessary to conduct the WUE public forum. The City will
conduct the meeting to satisfy the public forum requirements of the WUE program and to present the
water use efficiency goals for adoption by the City Council.
RH2 Deliverables: Descriptions and tables of historic and projected demand data for City review and
comment.
Task 5 - Policies and Design Criteria
Objective: Update documentation of the City's existing policies and design criteria.
Approach:
5.1 Obtain the Policies and Design Criteria chapter from the City. Review, format, and finalize the chapter
for incorporation into the WSP,
RH2 Deliverables: lncorporation of policies and design criteria into the WSP.
4
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82
City of Kent
Water System Plan Update
Exhibit A
Scope of Work
Task 6 - Water Source and Quality
Objective: Document the City's water quality monitoring requirements and results of recent monitoring, and
prepare a water rights evaluation.
Approach:
6.1' Obtain the water quality evaluation from the City. Evaluation shall discuss existing drinking water quality
regulations, water quality monitoring requirements and results of recent water quality testing and shall
describe water supply characteristics and the effect of climate change on the City's sources. Review,
format, and finalize the evaluation for incorporation into the WSP.
6.2 Summarize the City's current water rights.
6.3 Perform a water rights evaluation that compares current water rights with existing and projected
demands on a pressure zone or operating area basis.
RH2 Deliverables: lncorporation of water quality evaluation into the WSP. Evaluation of existing water rights.
Task 7 - Hydraulic Model Update and Calibrat¡on
Objective: Update and calibrate the current hydraulic model of the City's existing water system.
Approach:
7.1' Updatethe modelwiththe locationof existinggatevalvesand hydrantsinthesystem. Reviewthemodel
with current water system mapping to check for consistency and completeness.
7.2 Prepare a preliminary hydraulic model node diagram. Coordinate with the City to review water system
facilities shown in the model and update the model as necessary based on input from the City.
7.3 Update elevation data in the model by transferring data from electronic contours to modeljunction
nodes using customized routines.
7.4 Compute pipe roughness coefficients from available pipe material and age data using routines to
accomplish initial calibration.
7 .5 Using a parcel-consumption database provided by the City and customized routines, allocate the existing
(2016) demand data among the nodes in the model.
7.6 Using hourly tank and well data, calculate existing (2016) and six (6)-year average (2011to 2016) diurnal
curves for the average day and peak three (3)-day period. lnput diurnal curves into the hydraulic water
model.
7.7 Update facility data into the modelfor supply sources, reservoirs, and pressure reducing valve (PRV)
stations. lnput pump curves provided by the City. Establish facility settings to reflect current settings and
those to be used for the analyses.
7 .8 Perform preliminary hydraulic analyses to identiñ7 locations for field pressure a nd hydrant flow tests and
check potential performance at each site. Prepare a template that lists field test locations and data that
needs to be collected at each test location. Coordinate with the City to confirm methods and
recordkeeping for field tests,
7.9 Attend six (6) full days of hydrant flow testing to confirm that the pressure and flow test objectives are
met for the purpose of calibrating the hydraulic model. City staff will operate hydrants, valves, and other
5
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83
City of Kent
Water System Plan Update
Exhibit A
Scope of Work
water system facilities as directed by RH2. RH2 will provide calibrated pitot and pressure gauges for use
during the hydrant flow tests and will record the results of the tests. Operational status of facilities will
be provided by City staff (in real-time or from the City's telemetry system following field testing),
including flows into the system from supply sources and reservoir levels at the start and end of the tests.
7.10 Perform hydraulic analyses to calibrate the modelfrom the field flow and pressure test data for the
purposes of steady state and extended period hydraulic analyses.
7,1,L Coordinate with the City to identify sources of inconsistencies between the field calibration data and
the modeled results. lnconsistencies may be the result of unknown closed valves in the system or
incorrect diameter of water main shown on system mapping or as-builts. Since this item is highly variable
in nature, on initiol allocqtion of thirty-six (36) hours of o water modeling specialist's time has been
included for this tosk.
7.12 Perform Phase 2 field calibration testing by attending three (3) additional full days of hydrant flow
testing to evaluate inconsistencies between the field calibration data and the modeled results. Perform
additional model calibration and coordination with the City with the results of the additional hydrant
flow testing data.
7.I3 Perform Phase 3 field calibration testing by attending two (2) additional full days of hydrant flow testing
to evaluate inconsistencies between the field calibration data and the modeled results. Perform
additional modelcalibration and coordination with the City with the results of the additional hydrant
flow testing data.
7.1,4 lnput the current land use classifications into the model and assign a general planning-levelfire flow
requirement to each node for comparison of fire flow results.
7.L5 lnput existing maximum building height allowances with each node in the model.
RH2 Deliverables: Calibrated WaterGEMS" hydraulic water model for use in steady state and extended period
hydraulic analyses.
Task 8 - Water System Analyses
Objective: Evaluate each water system component to identify deficiencies and recommend improvements.
Utilize the hydraulic model of the City's water system to perform pressure and fire flow hydraulic analyses.
Approach:
8.1 Examine each of the existing pressure zones and identify areas of low and high pressures. lnclude a table
showing each existing zone, it's maximum and minimum service elevation, and service pressures (at
static conditions),
8.2 Calculate the quantity of water supply required for the existing and future conditions, and compare
those requirements to the system's existing supply capability.
8.3 ldentify and describe supply facility capacity deficiencies.
8,4 Evaluate booster pump stations and briefly describe capacity deficiencies.
8.5 Based on the requirements contained in WAC 246-290-235 and the most current DOH Woter System
Design Monuol, calculate the quantity of water storage required for the existing and projected future
system and compare those requirements to the existing storage capacity of the system. Storage capacity
6
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84
City of Kent
Water System Plan Update
Exhibit A
Scope of Work
analyses will be performed for the system as a whole, as well as for individual pressure zones or storage
operating areas.
ldentify and briefly describe storage capacity deficiencies.
Document the hydraulic analysis criteria and hydraulic model settings for the distribution system
analyses.
Using the hydraulic model of the water system, perform a steady state hydraulic analysis of the system
simulating a peak hour demand condition with no fire flows to determine the pressures and flow
distribution during this demand condition.
Perform a steady state fire flow analysis for each node in the system while simulating peak day demands
to determine the capability of the existing system to provide adequate flows and pressures and identify
existing system deficiencies.
lnput the pressure zone reconfiguration improvements into the hydraulic model, and perform steady
state hydraulic analyses simulating a peak hour demand condition with no fire flows and a peak day
demand with fire flows to determine the distribution system capacity following the completion of the
pressure zone improvements.
Review the results of the City's seismic vulnerability analysis. Attend two (2) meetings with the Regional
Fire Authority. Perform hydraulic analyses to estimate the impact to the system pressure and fire flow
availability following a seismic event. Hydraulic analyses will evaluate the performance of the system
based on pipeline failures at up to twenty (20) seismically-vulnerable locations identified in the
vulnerability analysis. Each pipeline failure will be evaluated individually. The results of the analyses will
be documented in a letter report that will include figures showing the reduction in system performance
under each pipeline failure scenario. System improvements to address and correct each seismic
vulnerability will not be developed as part of this effort. However, the knowledge gained from this
effort will be used to help develop and refine the Capital lmprovement Program.
lnput future demand data into the hydraulic model's nodes using the results from the future water
demand evaluation. Demand distribution shall be based on estimates of future growth allocations.
Based on the results of the existing system hydraulic analysis and identification of deficiencies, identify
and input proposed water system improvements into the model.
Perform a steady state fire flow analysis for each node in the system while simulating future peak day
demands to check that the proposed improvements address existing system deficiencies and are sized
properly to accommodate anticipated growth based on meeting the City's policies and design criteria,
Repeat the analyses for the L0-year and 2O-year projections. Analyses shall consider pressure
requirements for maximum building heights.
Prepare a table that summarizes the results of the existing system and future system fire flow analyses,
Prepare the following figures showing the results of the hydraulic analyses.
o Existing system peak hour demand pressure.
o Peak hour demand pressure after the completion of the pressure zone reconfiguration.
o 20-year peak hour demand pressure with improvements.
¡ Existing system available fire flow.
r Available fire flow afterthe completion of the pressure zone reconfiguration.
7
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8.6
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.1.4
8.15
8.16
5/75/2077 7t53PM
85
City of Kent
Water System PIan Update
Exhibit A
Scope of Work
o 10-year available fire flow with improvements.
. 20-year available fire flow with improvements.
8.17 Export the results of the existing system and future system peak hour demand and fire flow analyses to
a Geographical lnformation System (GlS) shapefile and Google Earth for transmittal to the City.
8.18 ldentify and describe distribution system deficiencies and the results of the hydraulic analyses.
8.19 Evaluate and identify deficiencies for the existing water main, PRV stations, interties, and telemetry and
supervisory control system. lncorporate the results of the City's seismic evaluation into the facility
deficiency discussions.
8.20 Perform an existing system and 10-year system capacity analysis to determine unused, available system
capacity expressed in ERUs. Prepare a 10-year projected system capacity analysis with proposed
improvements. Document the criteria and results of the analyses.
8.2'J, Meet with City staff to discuss the system analyses, deficiencies, and recommended improvements.
8.22 Document the results of the system analysis in summary tables and the chapter text.
RH2 Deliverables: Descriptions, tables, and figures of the water system analyses for City review and comment.
Attendance at one (1) meeting with City staff. Letter report documenting the analyses of the estimated
performance of the water system following a seismic event. GIS shapefile and Google Earth files containing
the results of the existing system peak hour demand and fire flow analyses.
Task 9 - Operations and Maintenance
Objective: Document the water system's O&M program.
Approach:
9.1 Obtain the Operations and Maintenance chapter from the City. Review, format, and finalize the chapter
for incorporation into the WSP.
RH2 Deliverables: lncorporation of the City's existing operations and maintenance program into the WSP.
Task 10 - Capital lmprovement Program
Objective: Describe and schedule improvements to address deficiencies identified in the water system
analyses. Prepare planning-level cost estimates for each project identified.
Approach:
10.1 Briefly describe water system improvements that have been completed since the last WSP update.
10.2 Prepare a list of proposed water system improvements based on the results of the Water Supply
Opt¡mization Analyses prepared underTask 9, the City's recent seismic analyses, and the existing system
and proposed system analyses. Briefly describe each group of related improvements and the
purpose/benefit of the improvements.
10.3 Prepare a planning-level cost estimate for each improvement based on current industry prices.
7O.4 Coordinate with City staff to establish criteria for prioritizing and scheduling improvements.
Prioritization and scheduling will consider other scheduled utility and transportation projects based on
information provided by the City.
8
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86
City of Kent
Water System Plan Update
Exh¡b¡t A
Scope of Work
10.5 Schedule improvements based on the results of the prioritization. Prepare up to two (2) modified CtP
schedules based on input from the City from the results of the financial analysis.
10.6 Prepare a table of improvements that includes an improvement identification number, a brief
description of each improvement, the associated cost estimate, and the scheduling of the improvements
on an annual basis for the first ten (10) years and for the twenty (2O)-year planning period.
10.7 Describe the criteria and procedures used for prioritizing and scheduling improvements.
10.8 Document the CIP prioritization analyses in summary tables and the chapter text.
10.9 Prepare color figures of the following.
¡ Proposed Water System lmprovements
o Proposed lmprovements Hydraulic Profile
10.10 Prepare the CIP schedule model for transmittalto the City.
10.11 Meet with City staff to discuss the water system improvements and the proposed schedule of
implementation,
RH2 Deliverables: Draft CIP tables and figures for City review and comment. GIS files containing proposed
water main improvements. CIP schedule model. Attendance at one (1) meeting with City staff.
Task 11- Water Use Efficiency Program
Objective: Update the City's WUE Program and WUE goals for the water system.
Approach:
tt.1' Evaluate the City's existing WUE Program and incorporate elements into the WSP necessary for
consistency with regu lations.
LI.2 Prepare a summary of WUE planning efforts that have been completed since the WUE program was
adopted.
11.3 Assist the City in updating WUE goals through a public process. Document how each goal was
established.
11.4 ldentify and evaluate WUE measures for applicability and cost-effectiveness.
11.5 Prepare a schedule for implementation of the WUE measures and cost estimates for each measure.
Deliverable: Descr¡ptions documenting the City's WUE Program for City review and comment.
Task 12 - Financial Analysis
Objective: The City will prepare the financial analysis for inclusion in the WSP Update. RH2 will provide
coordination with the City during development of the financial analysis.
Approach:
12.1' Coordinate with the City during the project to provide information in support of the financial analysis
chapter.
9
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87
City of Kent
Water System Plan Update
Exhibit A
Scope of Work
t2.2 Attend one (1) meeting with City staff to review draft financial analysis results before finalizing the
Financial Chapter.
RH2 Deliverable: Attendance at one (1) meeting with City staff.
Task 13 - Executive Summary and Appendices
Objective: Prepare an executive summary to describe the key elements of the WSP. Prepare miscellaneous
appendices for inclusion in the WSP.
Approach:
13.1 ldentify the purpose of the WSP and summarize the major system characteristics and significant
changes that have occurred since the previous WSP was completed.
13.2 Briefly describe the key issues in the WSP.
13,3 Obtain a State Environmental Policy Act (SEPA) Checklist and Determination of Non-Significance (DNS)
from the City to include in the appendices.
13.4 Obtain service area and intertie agreements from the City and include in the appendices.
13.5 Obtain copies of applicable City resolutions/ordinances and include in the appendices.
13.6 lnclude copies of Water Facilities lnventory (WFl) forms.
13.7 lnclude copies of water right certificates and permits.
13.8 lnclude a copy of the most recent Consumer Confidence Report.
L3.9 lnclude a copy of City construction standards.
13.10 Obtain, review, format, and finalize the following appendices for incorporation into the WSP.
. Cross-connection Control Plan
¡ Water Quality Monitoring Plan
¡ Coliform Monitoring Plan
o E. coli Response Plan
¡ Watershed Control Plan
o Wellhead Protection Plan
t3.IL lnclude copies of water system facilities data, consistency statement checklists, and agency review
comments.
RH2 Deliverable: Draft executive summary chapter for City review and comment. Miscellaneous appendices
for inclusion in the WSP.
Task 14 - Finalize, Print, and Present Draft WSP
Objective: Prepare a final draft of the WSP and submit it to review agencies and adjacent water purveyors.
Approach:
74.t Develop a cover format that includes the WSP name and revision date.
14.2 Transmit electronic copies of the draft WSP documents to the City for review and comment.
10
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88
City of Kent
Water System Plan Update
Exh¡b¡t A
Scope of Work
14.3 Revise the WSP based on City review comments.
1'4.4 Attend two (2) meetings to present the completed WSP to City staff, Public Works Committee, City
Council, and the public.
74.5 Bind the final WSP documents and print up to ten (10) sets of the WSP and color figures.
L4.6 Create an electronic PDF document, including all chapters, appendices, and figures of the WSp. The
electronic WSP will contain hyperlinks and an organizational format that will be fully functional. Provide
up to five (5) copies of the electronic plan on CD format.
14.7 Submit the final WSP to adjacent water systems for their review and comment.
1,4.8 Submit the final WSP to the County and DOH for their review.
RH2 Deliverables: Up to ten (L0) sets of the final WSP in three-ring binder format and five (5) copies in
electronic PDF format on CD. Attendance at two (2) meetings to present the final draft WSP to City staff, Public
Works Committee, City Council, and the public.
Task 15 - DOH and Agency Rev¡ew Revisions
At the completion of Tasks 1 through 14, the WSP will be in a final format, ready for review by the regulatory
agencies and adjacent water purveyors. The number of comments, number of meetings, and amount of
required WSP modifications from review by the regulatory agencies and adjacent water purveyors are difficult
to predict. Therefore, RH2 will prepare a separate Scope of Work and Fee Estimate to address review
comments, review meetings, and final WSP modifications upon receipt of all review comments from the
County, DOH, Ecology, and adjacent water systems.
At the completion of the project, a copy of the computer files of the WSP Word documents, water model, and
AutoCAD and GIS figures will be provided to the City.
1,L
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89
EXHIBIT B
Gity of Kent
Water System PIan Update
Data to be Provided by the City
The following list contains the information and data to be provided by the City of Kent (City) that is needed to update the City's Water System Plan (WSP).
All available resources from previous planning work will be utilized to minimize the level of effort necessary. The list below is organized according to the
Scope of Work tasks.
Status/
DeliveredNotesPriority
H
H
H
H
H
H
Scope of Work/lnformation Needed
Task2- tntroduction and Existing lñfater System Description
t. Reservoir information that includes reservoir name, as-builts, location, year
constructed, material, reservoir floor elevation, overflow elevation,
diameter, ground elevation, operating levels (pump start level(s) for filling
reservoir and pump stop level), fill pipe diameter, draw pipe diameter, and
description of operation and control.
2. Pressure reducing station data that includes station name, as-builts, location,
main line and by-pass control valve size, normal inlet pressure, outlet
pressure set points, operational priority (lead, lag, second lag, etc.), ground
elevation, and pressure relief valve size and set point (if relief valve is
included).
3. List of check valves and zone valves (closed isolation valves between
pressure zones) in the distribution system.
4. lntertie information that includes adjacent system name, as-builts, location,
water main size, control valve size and model number, and any other facility
information.
5. Telemetry and supervisory control information that includes manufacturer
and year of telemetry system, type of communications link (radio or phone),
facilities monitored at master telemetry unit, facilities with remote telemetry
units.
6. Water treatment information that includes location of treatment facilities,
as-builts, type of treatment (disinfection, fluoridation, filtration, etc.),
chemicals used and concentrations, method of metering, initial dosage
amounts, and capacity of mixing or holding tanks.
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90
City of Kent
Water System Plan Update
Exhibit B - Data to be Provided by the City
Page 2
Status/
DeliveredNotesPriority
H
H
H
H
H
H
H
L
M
M
H
H
H
Scope of Work/lnformation Needed
7. Booster pump station data that includes pump station name, as-builts,
location, year constructed, number of pumps, pump curves (or pump
manufacturer and model number, pump serial number and impeller
diameter), motor horsepower, ground elevation, normal pumping rate, and
description of operation and control. lnclude reports from recent pump
vibration and um condition evaluations.
8. well data that includes well name, well log, location, year constructed, pump
curve (or pump manufacturer and model number, pump serial number and
impeller diameter); motor horsepower, well casing diameter, well column
diameter, ground elevation, well depth, screen depth range, pump intake
depth, normal pumping rate, static water level, water level at normal
pumpr rate, and description of o n and control
9. spring information that includes name, as-builts, location, water main size,
control valve size and model numbe r, and a other facil information
10. Co of water m seismic ana re rt.
11. Co of most recent ent of Health DOH Sanita Survey
1-2. copy of Gls files of the base map, aerial photo, existing water system
(including all water main, sources, pumping and storage facilities, gate and
check valves, and re zone boundaries and contours
Task 3 - Land Use and
1.of the City's Com rehensive Land Use) Plan
2. summary of city's efforts and involvement in regional water system
ann tn
3 ldentify on a ma the areas where growth is ex d to occur
4 List of planned developments. Provide name of development, type of
develo nt, number of units and develo ent schedule
5. Co of GIS file showi existing retail and future service area boundaries
6. Co of GIS file showi existi and future land use.
Task4-WaterDemands
1,. How often are customer meters read other month, etc.?month eve
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91
Status/
DeliveredNotesPriority
H
H
H
H
H
H
H
H
M
M
H
H
M
Scope of Work/lnformation Needed
2. Hourly and daily reservoir level records (telemetry data, circular charts, data
sheets, etc.) from each storage facility lor 2Ot'J. through 2016 (to be used to
determine the system's peaking factors).
3. Hourly and daily water production records from each source of supply for
2011- through 20L6 (to be used to determine the system's peaking factors).
4. Monthly water production totals from each source of supply from 2011
through 2016.
5. Monthly (or bi-monthly) metered water consumption totals for each
customer class from 201-l through 2016.
6. Hourly or daily water consumption data for customer meters for 20L6,
where available.
7. Average number of connections for each month for each customer class
from 201L through 2016.
8. Total number of multi-family units served in 2011- through 20L6
9. List of customers (approximately 10 to 20) that used the most water in 20L6
(as measured by individual meters), customer address and amount of
consumption of each customer for the year.
10. List of buildings with the largest fire flow requirements in the service area
(provide at least three in each pressure zone). Provide name of building,
address and fire flow requirement.
11. General level of service fire flow requirements and duration for all land use
classifications, such as single-family, multi-family, commercial, industrial, etc.
12. ls water usage for construction projects, fire department activities and water
main flushing recorded? lf so, provide total annual amounts from 2011
throueh 2016.
13. Database of annual totals of metered water consumption data for each
meter, including address and parcel number, if available.
14. Copy of sample letter and certificate of water availability that is issued prior
to receiving a building permit.
City of Kent
Water System Plan Update
Exhibit B - Data to be Prov¡ded by the City
Page 3
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92
City of Kent
Water System Plan Update
Exhibit B - Data to be Prov¡ded by the City
Page 4
status/
Delivered
Delivered
s/2/zott
NotesPriority
M
M
M
M
H
H
M
M
L
L
H
L
M
Scope of Work/lnformation Needed
L Copy of water system policies and design criteria chapter for inclusion in the
WSP.
Task 5 -Water Source and
1'. Copy of water rights permits, certificates and other related information for
all sources.
2. Copy of water quality evaluation for inclusion in the WSP. Evaluation shall
discuss existing drinking water quality regulations, water quality monitoring
requirements and results of recent water quality testing and shall describe
water supply characteristics and the effect of climate change on the city,s
sources.
3. Co of the most recent Consumer Confidence Re rt R)
Task 7 -Model and Calibration
1. Copy of existing water model
2 As-bui Its for recent water system improvements not contained in the
existing ulic model.
Task 8 - Water
1,. List of known low or high water pressures areas.Provide address and
recorded ressure for each
2. List of known water system deficiencies and unsuitable materials.
3 List of past (20 11 through 2016) water main breaks. provide address and
date that each occurred
4. List of facilities that have emergency power supply connections or stand-by
emerge rator sets.
5.Normal operating range of each reservoir (water elevation that well, intertie
or control valve is called to fill reservoir or the normal drawdown in each
reservoir).
Task 9-and Maintenance
'J..ofO ns and Maintenance chapter for inclusion in the WSp
Task 10-
1-. List of desired water revious CIPmimrovements not contained in
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93
Status/
DeliveredNotes
To be provided at a later date
To be provided at a later date
Priority
M
M
H
M
H
M
M
M
L
L
L
L
H
L
Scope of Work/lnformation Needed
2. List of projects completed since the last WSP. List can be descriptive or map
based.
3. Copy of the City's most recent six-year Capital Facilities Plan. lf not available,
provide a list of all road and utility improvements currently planned by the
City for the next six years to assist in coordinating the timing of water
improvements with other capital improvements.
Task 11 - Water Use Efficiency Program
L. Copy of existing Water Use Efficiency Program
2. Has leak detection been performed in the distribution system in the past? lf
so, indicate date, description of areas tested and findings. Provide a copy of
the leak detection report.
3. List of current water use efficiency goals.
4. Describe what, if any, previous water use efficiency efforts will be
discontinued. ldentify why continuation of these efforts would be
ineffective or describe that the program had a prescribed end date or
savings level.
5. Describe any available or potential sources of reclaimed water. ldentify
opportunities for the use of reclaimed water (i.e. irrigation for parks or
schools, construction purposes or street cleaning) and an estimated annual
volume for each use.
6. Amount budgeted for each individual water use efficiency measure that is
part of the water use efficiency program.
Task 12 - Financial Analysis
L. Copy of Financial Analysis chapter for inclusion in the WSP
Task 13 * Executive Summary and Appendices
1,. SEPA Checklist (to be provided upon completion of final draft WSP)
2. Copy of current service area agreement. This was likely prepared during the
development of the County's Coordinated Water System Plon.
3. Copy of water resolutions or ordinances not specifically identified under
other activities above.
4. Copy of most recent Water Facilities lnventory (WFl) form
5. Copy of standard maintenance logs and forms used
City of Kent
Water System Plan Update
Exhibit B - Data to be Prov¡ded by the City
Page 5
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94
City of Kent
Water System Plan Update
Exhibit B - Data to be Provided by the City
Page 6
Status/
Delivered
NotesPriority
L
L
L
L
L
L
L
L
M
L
Scope of Work/lnformation Needed
6. Co of Cross-Connection Control Plan
7. Co of Water Qual Monitori Plan
8. Co of Coliform Monito Plan
9. Co of E. coli Res Plan
10. Co of Watershed Control Plan
L1,. Co of Wellhead Protection Plan.
L2. Co of Em nse Plan.
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95
EXHIBIT C
City of Kent
water System Plan Update
Fee Est¡mate
Total costTotal fupenseTobl HoursTotal
Adm¡n¡strat¡v€
Suppot
Principal
Geoffrey Dillard
Projed Mâneßer
M¡chele campbell
Prcj€d Eng¡nee.Proied Eng¡neer
Hârley Sandoval-
Íår Engrneef
Gregg Dâv¡dson
Des.r¡pt¡on
Stafi Nam€
s 365
s
545
L29a
753
5 545
1,858
727
2,0s9
s 11
14
14
s 14
33
5
I4
5 66
46
s1
20
18,107
354
5 1,062
531
531
5 708
r77
s 531
5 2,529
1.422
708
2.m8
5 911
101
6
3
1
3
14
10
4
5
4
1
1
1
z
2
3
4
3
6
1
?
3
6
a
4
5
4
4.1 Tabulàte wãterconsumption
4.3 Tabulãte monthlv ând veårlvwåter suoolv
4.9 lcãlculãtê the n!ñberof ERUs
4.5
4.8 lcalculate
4.10
4.rr Document historicãl demands
ffi
4.L3 lDocumerr impãct of climår€ chãnge on furure demånds
Dêwêlôôwâtê.dêñ:ñd n.ôr..tiô¡ç wirh,¡ı wilhôutW
415 lDes.ribê wâtÊr demând êvâluatio¡
4.16 lEvåluãte seãsoñãl consumot¡on and suDÞlv Dåtterns
ffir..¡.r
4.14 lPreoãre WUÊ temolate ând demand model forCirv
4.19 lksist Ctrv staff wlth WUE for!m 780
3,7S0
s 2,454
2,080s
7a
5S
96s
4
5
s
3.654s
2_0253
5
5 2,224
126
1a
18
I2
L4
14
6
2
L2
L2
54
26
4
3
12
4
6
4
33
RHZ teâm
with DOH ånd
1.2
1.4
1.5
!.7
20.7L5
390
182
9L7
6,878
2,338s
545s
s
10
\4
14
1,220
98s
5
68s2.t76
380
531
2.280s
177s
3545
s,558s
3
1
2
3a
2
1Z
16
1
8
2
1
3
3
I
z
32
32
information ãnd d¿tã
SMA
z.11
2.13
2.L
2.3
2.4
29
2.6
2.9
2.10
L2,ßSs
9615
36S3
4,980
11s
s
123I4.457s
9375
24
3
35
z
24
lånd use
3.1
3.2
3.4
3.6
87522
2
2
Cr¡Eriãand
990s2A
LO2
1,8805
4,O23szl
10
326
6
1
1
lReview Water Qualitv d5.1
zrN4s61n6s\Pr@(8M170310 KEN M17 0S WSÊ Uddê nßtoi4\ConnæùPsA FEE WSP Updde.ßm
96
loEl costTotal ExpenseTotel Hours
fotal
Adm¡nistrât¡ve
Suppoñ
Pr¡nc¡pel
Geoffrey Dillãrd
Prcjed Manâger
M¡chele Cåmpbell
Project Eng¡neer
Hâley sãndoval- :
Câstillo I
Projed Eng¡neerStåft Engineer
6reg Oãvidson
Descr¡pt¡on
Staffxeñê
s 95,970
s 11,592
S 1,991
S 419
s 1,æS
s
15,797
s 8,661
s 16,767
S 9,390
627
s 1L,774
S 1,6s4
S 291
s 229
357s
5 s22
S 1,079S 2,39s
5 1,07Xs ts3
5 1,321
S6s
S70
5 &.195
s 10,038
S 1,700
s 354
s !,416
s 2,124
5 2,432
S 15,718
S 14,972
S 7,590
S 14,224
s ao6q
5 354
s ---ç
4S
8
17
98
42
2
3
u
2
1
2
20
30
2
1.1
datâ
7.4
7.5
7.8
7.9 lPêdormstr{6)dâysoffietohvorantrests
7.I1 lPerfommodelrroubleshoor¡nÊ
7.72 P"rfor.P¡atffi
/,5
7.15
t,227
1,506
1C.G5s
1 0903
1.090
) 17es
1.143
837
) 497s
5.376
2,4A1
420
7,452
5,346
1,&5
37.32
10 724
9.\77
2.365s
28
29
722
54
4,976
1,476
1,383
a7s
85
285
367s
1 16a3
239s
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98
EXHIB¡T D
RH2 ENG¡NEERING, INC.
2017 SCHEDUTE OF RATES AND CHARGES
RATE LIST RATE UNIT
Professional I 5r¿z S/nr
Professional ll slss S/hr
Professional lll Srez S/hr
Professional lV st77 S/hr
Professional V Srgr S/hr
Professional Vl s203 5/nr
Professional Vll Szzo S/hr
Professional Vlll 5229 5/hr
Professional lX s22e S/lrr
Technician I Srot S/hr
Iechnician ll s1o7 S/nr
Technician lll Sr¡o S/hr
Iechnician lV S14s 5lnr
Administrative I 5og S/hr
Administrative ll Ssr S/rrr
Administrative lll Sgt S/hr
Administrative lV Srr+S/lrr
Administrative V s13s S/nr
CAD/GlS System s27.s0 5/hr
CAD Plots - Half Size Sz.so price per plot
CAD Plots - Full Size s10.00 price per plot
CAD Plots - Large S2s.oo price per plot
Copies (bw) 8.5" X 11"So.og price per copy
CoPies (bw) 8.5" X 14"$o.r+pnce per copv
Copies (bw) 11" X 17"So.zo price per copy
Copies (color) 8.5" X 11"s0.90 pflce per copy
Copies (color) 8,5" X 14"Sr.zo price per copy
Copies (color) !t" X17"s2.00 pnce per copv
Technology Charge 2.50%% of Direct Labor
Mileage s0.s3s
price per mile
(or Current IRS Rate)
Subconsultants 75o/o Cost +
Outside Services at cost
Rates listed are adjusted annually.
99
City of Kent
Water System Plan Update
Exh¡b¡t E
Project Schedule
DOH APPROVAL
DOH REVIEW
CITY
CITY
o
o
CITY
)
o
I
CITY
Water Demand and Projections
Policies and Design Criteria
Water Source and Quality (City & RH2)
Operalions and Maintenance
System Analyses
Water Use Efficiency Program
Meeting: System Analyses Review
CIP
Meeting: CIP Review
Financial Analysis
Execulive Summary and Appendices
Ancillary Program Plans for Appendicies
Final City Review & Presentation to Council
Transmittal to Agencies/Agency Review
Response to Agency Review
Final DOH Review
City and Consultant Contract Preparation
Meeting: DOH Pre-Plan
Data Collection
Existing System Review and Mapping
Meeting: Facility Visits
Model Update & Calibration
Land Use and Population Projections
Eil
KENT WSP UPDATE 20182017
JulJun
201 I
Oct Nov Dec Jan Feb
6t13t2017. 12..13 PM Z:\IlewBusiness\ProposalU<EN\201 7031 0-KEN_M1 7-050_WSP Update lnteûìew\Contract\KEN Scheduþ in Excel.xlsx
100
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the
Consultant’s Commercial General Liability insurance policy
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant’s profession.
101
EXHIBIT B (Continued)
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
3. Professional Liability insurance shall be written with limits no
less than $2,000,000 per claim and $2,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
102
EXHIBIT B (Continued)
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
103
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104
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: June 19, 2017
To: Public Works Committee Members
From: Rob Brown, P.E., Acting City Traffic Engineer
Through: Kelly Peterson, AICP, Transportation Engineering Manager
Subject: Residential Traffic Calming Program Update
SUMMARY: The Residential Traffic Calming Program (RTCP) was adopted in 2009 via
Resolution 1817. The RTCP was designed to focus on the negative impacts of traffic
speeds and volumes to the extent that they negatively impact residential
neighborhoods. The Public Works and the Police Departments coordinate efforts to
address residents’ concerns through education, enforcement and when applicable
construction of traffic calming devices.
Ten new requests have been received in 2017, seven of them in April and May. There
are currently 13 open RTCP investigations.
Based on previously completed studies, Radar Speed Signs to be installed
this summer include:
1) 148th AVE SE north of Lake Meridian
2) S. 280th Street east of 152nd Ave SE
3) Lakeside Blvd. W
4) Riverview Blvd. Included working with community sign on locations.
EXHIBIT: None
BUDGET IMPACT: No new impact
INFORMATION ONLY/NO ACTION REQUIRED
105
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106
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: June 19, 2017
TO: Public Works Committee Members
FROM: Bryan Bond, Engineering Project Coordinator
THROUGH: Dave Brock P.E., Deputy Director / Operations Manager
SUBJECT: Information Only/Recap East Hill Well
SUMMARY: In October of 2016 the City Water Division experienced a well pump
motor failure at our East Hill Well facility. Staff brought a contract through Public
Works Committee for the replacement of the well and is returning with an update on
the successful completion of the project.
EXHIBIT: None
BUDGET IMPACT: Funds were established within the Water Utility capital program.
INFORMATION ONLY/NO MOTION REQUIRED
107
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108
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: June 19, 2017
TO: Public Works Committee Members
FROM: Chad Bieren P.E., Deputy Director / City Engineer
SUBJECT: Information Only/Quiet Zone Update
SUMMARY: Staff will provide an update on progress to date.
EXHIBIT: None
BUDGET IMPACT: None
INFORMATION ONLY/NO MOTION REQUIRED
109