HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 08/07/2017 (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.
August 7, 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 July 17, 2017 Minutes - Approve YES None 03 03
5. Contract/Harris & Assoc. - LID 363 S 224th
St Improvements 84th Ave S to 88th Ave S –
Recommend
YES Jason Bryant
05 07
6. Contract/Mays Testing - LID 363 S 224th St
Improvements 84th Ave S to 88th Ave S –
Recommend
YES Jason Bryant
05 27
7. Upper Mill Creek Dam Improvements King
County Flood Control District Sub-Regional
Opportunity Fund – Recommend
YES Stephen Lincoln 05 45
8. Consultant Agreement/AECOM for Upper Mill
Creek Dam Improvements – Recommend
YES Stephen Lincoln 05 49
9. Info Only/WRIA 8 Clark Springs/Rock Creek NO Mike Mactutis 05 67
10. Info Only/Transportation Grants - Update NO Kelly Peterson 10 69
11. Info Only/248th Street Update NO Kelly Peterson 05 71
12. Info Only/Hawley Road Levee Completion &
Horseshoe Bend Levee Outfall Repair -
Update
NO Richard Schleicher 10 73
13. Info Only/Meet Me on Meeker - Update NO Hayley Bonsteel 10 75
14. Info Only/Quiet Zone - Update NO Chad Bieren 10 77
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PUBLIC WORKS COMMITTEE July 17, 2017
Minutes City of Kent, WA
Summary Minutes
Date: July 17, 12017
Time: 4:00 p.m.
Place: Chambers East
1. Call to Order: The meeting was called to order at 4:00 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: No changes.
4. Approval of Minutes, Dated June 19, 2017
Committee member Fincher MOVED to approve the Minutes of June 19, 2017.
The motion was SECONDED by Committee member Ralph and PASSED 3 - 0.
5. Drainage Agreement with Lake Meridian Estates LLC - Recommend:
Richard Schleicher, E.I.T., Environmental Engineer noted that in late 2016, Lake Meridian
Estates (LME) notified the city of a failing storm drain pipe that conveys public and private
storm water flows through the LME property to an outfall in Lake Meridian. The city
discovered it has no property interest in the pipe, i.e. no drainage easement, therefore
the city and LME formed this agreement clarifying future maintenance responsibilities
surrounding storm pipes on LME property and establishing easements necessary for
construction and/or reconstruction of pipe.
Committee member Ralph MOVED recommend Council authorize the Mayor to
sign a Drainage Agreement with Lake Meridian Estates, LLC, 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.
6. Puget Sound Energy Reimbursement Agreement - Recommend
Joseph Araucto, P.E., Pavement Management Engineer noted that Puget Sound Energy (PSE)
will reimburse the City of Kent to restore the pavement surface impacted by PSE’s gas main
improvement project in the Star Lake Highlands neighborhood. The reimbursement will be for
actual cost of required restoration including the pavement overlay, sidewalk curb ramps, and
associated items customarily required to perform the work, including cost for project
administration and material testing.
PSE replaced gas mains within Star Lake Highland and restoration coordinated its work
with the City’s 2017 Overlay Project in the same neighborhood. Coordinating both projects
reduces the amount of disruption to the public, ensures consistency in the pavement, and
yields the best result for the neighborhood.
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Committee member Fincher MOVED to recommend Council authorize the Mayor
to sign a Reimbursement Agreement with Puget Sound Energy to reimburse the
City of Kent for right of way restoration in an amount not to exceed $213,097.50,
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.
7. Consultant Agreement with HDR for S 228th Street - Recommend
Mark Madfai, Design Engineering Supervisor noted that HDR was selected to provide
Structural Engineering Services for this project. The original scope and budget assumed
that the embankment and bridge type would be similar to the BNSF Grade Separation
(completed in 2009). As the design advanced, issues were identified that required
additional analysis and development of alternatives. Some of these items included:
Additional design of the wall and embankment to include a pedestrian/bike ramp on
the south side to connect with the Interurban Trail. Received a Grant from the State.
Preparing contract documents for installation of Center Pier Bridge Shafts as a separate
project (completed in 2016).
Revising the alignment of the bridge shafts a few feet to the west to avoid utility
conflicts. Verizon has reimbursed the project $44,000 for the extra work.
Developing alternatives for the use of Geofoam embankment to reduce settlement
impacts to utilities.
Developing alternatives for various wall types to work with soil and or geofoam backfill
and reduce project costs.
HDR used their existing budget to complete these tasks and are now requesting this
amendment to continue their design to completion.
Committee member Ralph MOVED to recommend Council authorize the Mayor to
sign an Amendment to the Consultant Services Agreement with HDR for
Structural Engineering services for the South 228th Street UPRR Grade
Separation Project in an amount not to exceed $185,369.94, 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.
8. Info Only/Residential Traffic Calming Request
Rob Brown, Acting City Traffic Engineer gave an update on the Residential Traffic Calming
activities.
Radar speed signs have been installed on 152nd Way SE and 148th Ave SE near Lake
Meridian.
Upcoming Radar speed signs will be installed at Riverview, Lakeside West and 156th
Ave SE / SE 280th
Parking in Fern Crest neighborhood staff will revisit this at a later date.
Ceder Point Parking – A formal request for parking was submitted by the
neighborhood. Streets are currently signed No Parking due to narrow streets.
Cambridge – Staff is working with the neighborhood on the speeding issues on 42nd
Ave S.
Shadow Run – Old parking signs, LaPorte recommends they be removed.
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Panther Lake Elementary – There are concerns about after school pick-up. Meetings
have been scheduled with the school for further discussion.
Speeding Concerns on 114th Ave SE South of Kent Kangley – Speed bumps were
installed around 2005.
96th Ave S Traffic study results – Posted 25 MPH – 85% was 34.9 MPH installed blue
Drive Carefully signs; speeds increased to 35.1. Brown recommends a traffic calming
project for this area. Brown will work with Kent Police and then do another study.
Laporte will return in another month with an update.
10. Information Only/Resident Traffic Calming - Update
Information Only/Quiet Zone Update
Chad Bieren, Deputy Public Works Director / City Engineer gave a brief update regarding
the Quiet Zone.
Estimate from Union Pacific for Meeker Street is higher than expected. Bieren will be
contacting the Union Pacific with more questions.
The Notice of Intent for Burlington Northern is moving forward.
Notice from Washington Utilities and Transportation Commission (UTC) regarding a
safety grant that is available statewide.
It was noted that James Street is the second highest crossing in the state behind
Lander in Seattle.
Reviewing criteria for types of projects they want and if it will fit in with the Quiet
Zone.
Committee member Fincher inquired about idling trains. Bieren said that the trains have
no other place they can operate. Burlington Northern will do as little idling as possible, but
they still need to keep operating.
Adjournment
At 4:54 p.m., Committee Chair Higgins declared the meeting adjourned.
Wendy Wakefield
Administrative Asst. I
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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: August 7, 2017
TO: Public Works Committee Members
FROM: Jason Bryant, Capital Projects Manager
THROUGH: Eric Connor, Construction Engineering Manager
Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Contract with Harris and Associates 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 bridge over SR 167 and structural earth
walls.
Harris and Associates will provide Bridge Inspection services related to placement of
concrete, asphalt, and steel reinforcement of the project’s bridge piers, bridge deck,
and new asphalt roadway.
EXHIBIT: Contract
BUDGET IMPACT: This is a budgeted item, included in funding provided by Local
Improvement District 363 and the Washington State Transportation Improvement
Board.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Harris and Associates to provide
services for the South 224th Street Improvements Project (84th Ave S to
88th Ave S) in an amount not to exceed $260,157.04, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
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8
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Harris & Associates, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Harris & Associates, Inc. organized under the laws of the State of California,
located and doing business at 207 1/2 1st Ave. S., Seattle, WA 98104, Phone: (206) 455-8862, Contact:
Sam Yaghmaie (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 inspection services for the LID 363: S. 224th St. 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
Two Hundred Sixty Thousand, One Hundred Fifty Seven Dollars and four cents
($260,157.04), for the services described in this Agreement. This is the maximum amount
to be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The
Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
/ /
/ /
/ /
/ /
/ /
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Sam Yaghmaie
Harris & Associates, Inc.
207 1/2 1st Ave. S.
Seattle, WA 98104
(206) 455-8862 (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
Harris & Associates - 224th/Bryant
13
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
15
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: _________________________________________
16
Hanis & Associates, S. 224th St. lmprovements Construction Management Services
City of Kent
Exhibit A
SCOPE OF SERVICES
Field lnspection Services for the
S. 224th St. lm p rovem ents
City of Kent
Harris & Associates (H&A)proposes to provide to the City of Kent, Washington ("City")as needed inspection
servicesfortheS 224thSt, lmprovemenis(hereinaftercalled"Project"). Theprojectconsistsof realignment
of S.224lh St. at 84th Ave. S. (East Valley Highway) for 650'west of and 2,180' east of 84th Ave. S. The
project also includes constructing a 430'long, three span bridge over SR 167,20,000 square feet of
structural earth walls, installing approximately 2,450 tons of hot mix asphalt,6,150 tons of crushed
surfacing, 16,000 cubic yards of gravelborrow, 1,000 square yards of cementconcrete sidewalk,800 lineal
feet of cement concrete curb and gutter, traffic signal modifications, temporarily realigning SR 167,
permanently rechannelizing SR 167, removing 600 feet of median barrier, re-constructing 600 feet of
concrete barrier and other work,
This contract includes one task (TASK 1)to provide inspection/WSDOT liaison services by one staff during
I months of bridge construction period,
I, INTRODUCTION
The following scope of services is based upon the assumptions outlined in EXHIBIT D
. Services will be perform ed in accordance with the Contract Plans, Kent Special Provisions, and
W SDOT Standard Specifications.
o The man-hours proposed by the Consultant are an estimate only and are subject to change based on
the actual construction schedule, the City demands, and working hours of the Contractor,
o Design by Others: lt is understood and agreed that the Consultant did not prepare the Contract
Documents for the project, and the City will provide the Consultant the support of the Engineer-of-
Record during the course of the Consultant's work.
I. DETAILED SCOPE OF WORK
Subtask 1 - Project ManagemenUQuality Control
The Consultant shall provide overall project management and contract administration associated with the
service agreement between the Consultant and the City. This effort will include the following elements:
1.1 Prepare of Consultant invoicing.
1.2 Perform internal administration of the Consultant's Task Order.
1.3 Prepare any supplements to the Consultant's Task Order.
Su btask 3 - Field lnspection
The Consultant shallprovide construction inspection services during the bridge construction, this effort
will include the following elements:
3.1 Prepare daily construction reports recording the contractor's operations performed for each day
the Consultant is on site; measure the quantities of materials installed, log equipment and staff
present, weather conditions, and any observed problems or construction issues.
3.2 Prepare Daily Payment Notes, and Force Account Records (if necessary).
Page 1 of3updateo:7 t24t2017
17
Hanis & Associates, S. 224th St. lmprovements Conshuction Management Services
City of Kent
3.3 Respond to contractor questions which may arise as to the quality and acceptability of furnished
materials or work performed.
3.4 Respond to general questions raised by adjacent property owners or general public. Complaints
or detailed questions shall be referred to the City.
Prepare field records and documents in accordance with Projects Record of Materials.
Coordinate with City for changes and updates to the ROM.
3.8
For each day the Consultant is on site, provide photographs of traffic control set-up and work
activities during the course of construction. Photographs will be in digital format and cataloged
by date.
Monitor the Contractor's compliance with water quality permits and the requirements of the TESC
and SPCC Plans.
Attend weekly construction m eetings.
Review monthly pay estimates with the Contractor and provide recommendations to the Resident
Engineer/City.
Review the Contractor's construction record drawings on a weekly basis. Upon project
completion, verify that the contractor provided markups accurately and forward to the City. The
Consultant willtrack and record field changes on drawings and use this information to verify the
Contractor's construction record drawings.
Participate in the Project's final inspection and assist in developing a list of any remaining
d eficie n cies.
For the days present on site, the construction inspector shall observe day-to-day construction
activities, By providing inspection oversight, the Consultant shall assume no responsibility for
proper construction techniques or job site safety but will report to the Contractor and City any
known public safety concerns immediately.
The Consultant willendeavor to protect Harris staff against defects and deficiencies in the work
of the Contractor, but cannot guarantee the Contractor's performance and shall not be
responsible for construction means, methods, measurements, techniques, sequences of
procedures, or for safety precautions and programs in connection with the work performed by the
C on structio n Contractor an d an y su bcontractors.
?o
3.1 3
3.1 4
lll. Gonsultant Deliverables
3.5
3.6
3.7
03
3
3.12
i.
ii.
iii
iv
lnspector Daily Reports
Construction Photographs - 1 set in electronic form at
M aterial Testing log
field note record and quantity documentation
Punch-lists and tracking docum entation
lV. Responsibilities of the City
ll
Provide CM oversight and approvalauthority for all construction activities.
Manage the Designer-on-Record and m aterials testing subm ittal review.
Process allcontract documents through the City's approval process (e.9. CM services
invoices, construction contract, monthly pay estimates, change order execution, cost
reduction proposals, tim e extensions, etc.),
Provide preferred forms and formats, and filing structure to the Consultant,
Conduct schedule evaluation, monitoring, and evaluate Time lmpact Analysis for changes.
Page 2 of 3upoateo: 7t24t2017
iv
18
Hanis & Associatos, S. 224u'St. lmprovements Consfuction Management Services
City of Kent
VI
V¡i.
viii
tx,
Provide and assist the Consultant in inter-city department coordination as well as third-party
utilities under project specific or franchise agreem ents,
Coordinate and schedule any public meetings required before, during and after construction
Provide operat¡ons & maintenance interface with other City Staff for ongoing project issues,
Provide CM tools for Team use including: Project R0M, lDR, Project File lndex, Change
0rder, Force Account tracking and Pay Estim ate form s,
Provide office space and furniture, pay for utilities including Wi-Fi at/near the project site
location.
X
Page 3 of 3upoatod:7 t24t2017
19
Harris & Associates Budget Est¡matê
As Needed lnspect¡on Services for
The City of Kent
Prcject S. 224th Street lmprcvements, Project # 99-3003
Client: City of Kent
Dafe: July 25,2017
Diæct Salary Cost = $
Overhead Cost (example: 1 .81 09%) = $
F¡xed Fee (example: 3o%) = $
Sr5Ía¡¿i = S
Totel Consultant Salarv Cost = $
82,213.20
148,879.88 (%ofDLC/DSC)
24,663.96 (%ofDLC/DSC)
255.757 -O4
Exoenses lExamoleì
Re¡mburable Expenses
Veh¡cle fuel,40 m¡lesltrip/vehicle @ 198 days $ 4,400.00
s'råtafâi =
Subtotal =4,400.00
subtotal = $ 4,400.00
e
$
Sutrlôfâl Frôenses $4.400.00
Total Subconsultant Salary and Expenses $ 260,157.04
D irect
Salary
Cost
3 3.213.20
$ 3 2't3.20
$ 70.000.00s 76 aoo oo
$
$ 2.200.00
$ 82.213.20
Total
Task
Hou rs
0
0
164/
1 600
0
o
40
't6444
ü
0
Albert Matta
Scheduler
$ s5.00
40
40
$ 2.200.00
0
$
Jeff Mccarthy,
F¡eld Eng¡neer
$48.00
1 600
'1600
$ 76.800.00
Sam
yaghmaie,
Prcject
Manager
$
40
40
$ 3.213.20
rit¡e:
\l¿me:
Hdv Rale:
Consultant D¡rect Salary Costs
fask/Subtask List íWBSI
Task 1 . PtþÍêclManaaement
Pro¡ect Manaoemenl
Tæk 2 -Field lnsæctian
ield lnspector
Scheduler Spedal¡st (l¡m¡ted penod¡c revjew of
Contractods scheduleì
Total Hou6 =
Direct Salaru Cost =
[¡aximum Allowable Consultant Fee $ 260,157.04
Assumtions:
1 .ThÌs cost proposal ¡ncludes one full time Hanis staff at 8 hr./day for 9 months to assist the C¡ty of Kent Cl\¡ team.
2. Hanis stãff serv¡ces w¡llstart ¡n October 2017, and æmplete after 9 months.
3. No overime ¡s included ¡n th¡s cost est¡mate.
4. The C¡ty of Kent, through the contraclor, will provide a sÌte office tra¡ler, inc¡uding utilit¡es and WiF¡, to be used by Haris and the C¡ty staffduring construction.
C:\Users\syaghma¡e.MAlN\Dropbox (Haris & Assocìates)Ðesktop\Kent final\June 1 7\Exhibit D, H&A Cost Proposal, C¡ty of Kent, June 1 7.xls 1of 1
20
S am Yaghm aie,rE, LEED Ap
Project Manager
Sam has more than 29 years of diverse experience providing project management,
construction management, design peer review, project LEED@ certification, and
materials engineering. Many of his projects included geotechnical consulting of
deep and massive concrete for¡ndations and in-water work in fransportation,
tunnels, dams, ports, and high-rise buildings in Westem WA.
sam has managed teams of engineers, geologists, environmentalists, scientists,
construction managers, and field QA/QC staff on many public and private projects.
while managing these projects, he was responsible for staffing, conftact and scope
negotiation, budget maintenance and reporting, scope management, and quality
control supervision.
RELEVANT EXPERIENCE
City of Kent, South 228th Street Grade Separation at BNSF Rlarilwa,y, Kent,
WA.Project Principal.
This $ 10.7M federally funded project provided a four lane wide, three span
railroad overcrossing. The bridge consisted of 68 foot wide and 128 feet long pre-
cast concrete girder spÍurs supported on drilled shaffs and CIP cross bearns. As the
second largest water users on the west coast, Kent businesses were exfuemely
sensitive to any water intemrptions. The project successfully installed 750 feet of
water main, re-lined 800 feet of existing saniøry sewer and 1,400 feet of storm
drainage. Highlights of this project included stabilizing the existing poor soils
condition by installing 200 stone columns.
Sound Transit D-M Street Sounder Community Rlaiiù., Tacoma, WA.plan
Reviewer, QA/QC.
This $67.5M federally funded project included construction of three bridges over
existing streets near downtown Tacoma. These bridges were S0-foot, 70-foot, and
1lO-foot of concrete and steel spans. The steel bridge was designed with through-
plate-girder (TPG) steel beams.
City of Shoreline, Aurora Avenue North Corridor rmprovements, Phase I,
S hor e lin e, WA. Proj ect Principal.
This $25M federally funded two-phased corridor redevelopment project included
construction of fwo pedeshian and bicycle bridges connecting the Interurban Trail
across Aurora Avenue North. The pedestrian bridges were 200-foot long with pre-
cast girder spans and cast- in-place slab, supported on drilled piers and cast in
place concrete columns.
Cify of Tukwila, Tularila fnternational BIvd Phase 2 &,3lmprovements,
Tu kwila, WA. P r oj ect Principal.
This $12.7M federally funded project included 5,005 linear feet of street
improvements within the right-of-way of rukwila Intemational Boulevard from
South 116th Street to South 139th Street. Construction included curbs, gutters,
sidewalfts, driveways and approximately 4,000 feet of retaining walls with soldier
piles, hot mix asphalt paving, overlay and pavement repair.
EDUCATION
BS, Civil Engineering
REGISTRATION
Professional Civil Engineer, WA
US Green Building Council,
LEED Accredited Professional
CERTIFICATIONS
WABO certifi ed, Reinforced
Concrete, Shotcerete, Sfuctural
Steel, Sprayed-applied
Fireproofing, and pre-shessed
concrete, structural welding
AFT'ILIATIONS
Chair, American Public Works
Association (APIüA) 2007 -
2014
Chair, National Sustainable
Transportation Subcommittee
2012 - 2014
Past President, Construction
Management Association of
America (CMAA) 2007 - 2009
Harris & Associates, lnc. & Sam Yaghmaie [: 1
21
SamYaghmaie,PE, l,f IiDAP
Installation involved storm drainage structures, pipes, utility
vaults and conduits, bedding, m backfill and restoration.
Overhead tel ecommunications facilities were moved
underground including trenching.
City of Marysville, State Ave Improvements, Phase 3,
Mørysvílle, WA. Project Principal.
This $l4M federally funded project reconstructed and
widened State Avenue/Smokey Point Boulevard between
136th and 152nd Street NE. Construction activities included
temporary erosion and sediment confrol, dewatering, traffic
confrol, utility coordination and relocation. Installation of
major utilities included 7,000 linear feet of PVC gravity
sanitary sev/er (30-36 inches in diameter) about 14 feet deep
with all new service laterals and laterals for fl¡ture expansion.
Over 5,500 feet of new ductile iron water-main with all new
fire hydrants and monitoring stations were installed.
Modifications were performed to tlree new separate enclosed
storm water conveyance systems which total more than
17,000 feet of mainline or trunk sewer and numerous smaller
tie-in laterals.
City of Lynnwood, Olympic VÍew Drive Road
fmprovement, Phase l& 2, Lynnwood, WA. Project
Principal.
This $7.9M federally ñrnded project reconstructed and
widened Oly4pic View Drive from 76th Avenue West to
168th Street SW. Work included new asphalt pavement,
concrete curbs and gutters, concrete sidewalks, gravity block
and modular block retaining walls, drainage improvements,
water mains, sanitary sewer mains and laterals and landscape
improvements.
Harris & Associates, lnc. r. Sam Yaghmaie h. 2
22
Jeff McCarthy
Lead Inspector
Jeff McCarthy has 31 years of experience in inspection, construction management,
and document control, with a focus on documentation of state- and federally-
funded transportation projects in urban and rural environments. He has
successfirlly completed many federally-funded projects with no-audit findings to
confirm fr¡nd reimbursement.
As a King County DOT and WSDOT employee, Jeffhas worked as a surveyor,
material tester, field QA/QC inspector, consûr¡ction manager, and offrce engineer
on over 85 transportation projects including22bndges during the last 30 years.
He has inspecúed and managed bridges to comply with wsDor standards and
construction manual, and has coordinated these constructions with wsDor
liaisons, resulting in proven successful completion of bridges that were within
WSDOT and BNSF jurisdictions.
Jeffis highly skilled in project control tools, and has prepared and analyzed pay
estimates, conhactor's paym.ents, and change order validation and processing. His
attention to detail and proven communication skills have been appreciated by local
agencies and King County on past projects.
He has hands-on construction management and inspection experience of many
types of bridge structures, inclu¡ling drilled shafts up to five feet in diameter and 90
feet in depth; site preJoading; Geofoam approach fïlls; earth retaining walls; pre-
cast and pre-stressed girders, be?ms, and slabs up to 120 feet in span;
environmental mitigations for bridges over creeks and rivers; safety and trafñc
control on major roads transportation corridors; soils st¿bilization to include stone
columns; and coordinating construction and documentation activities with
WSDOT and FIIWA.
With a background as CaptainÆMT for Fire/Rescue and WA State Departrnent of
Fish & wildlife, Jeff has excelled his knowledge and abitity to promote safety on
his construction sites. He has trained fire and police staff, and has led teams of
construction management staff to comply with safety rules. He has an in-depth
knowledge of safety when it comes to transportation projects and applies his
valuable safety practice on all his projects.
Jeffhas served in a variety of capacities including bridge inspector, hansportation
construction manager surveyor, scheduler, office engineer, docrnent controller,
document administrator, public ouûeach coordinator, safety oversight
representative, and change order/claims reviewer on many hansportation projects.
RELEVANT E)(PERIENCE
I\E Novelty HilI Bridges, Kíng coanty, wA. This $18 million road construction
included two pre-cast and pre-stressed bridges with 70-foot spans supported on
four-foot diameter drilled shafts. The project had miles of sEW walls, gravity
block walls, and pre-cast box culverts. Two roundabouts were constructed within
the proj ect boundaries.
Mt Si Bridge, Kíng County, WA.T-bis state- and federally-funded, $12 million
project included construction of a new bridge with 240-foot span supported on
seven and nine feet drilled shafts, which were built in compliance with wSDoT
EI'UCATION
Associate in Technical
Arts, Civil Engineering
Technology, Centralia
College
CERTIFICATIONS
Ce¡tified Erosion and
Sediment Control Lead
(cESCL)
TRATNING
Hazardous Waste
Operations and
Emergency Response
(HAZÌüOPER)
Spill Control, Soils
Testing, Inspection, and
Engineering Mathematics
(wsDoÐ
Project Management
Professional @MI)
Fire Training Academy
(Waqhington State Paûol,
Fire Protection Bureau)
FEMA Emergency
Management Institute
National Fire Academy
Harris & Associates, Inc. .lcf-l'li4cCarrh_v 1
23
Jeff McCarthy
and FIIWA standards, and required extensive
coordination u¡ith WSDOT liaisons, surrounding
businesses, schools, and residents.
NE 124th Street Bridge, King County,I7,ll. This $9
million pre-cast and pre-stressed I 22-foot-span
concrete girder bridge was supported on four-foot
oscillated drilled shaffs within WSDOT jurisdiction
and included pre-loading ofthe approaches' 16-foot
high SEW retaining walls, in addition to new traffic
signals and boxed culverts. Jeffled and coordinated
this project with WSDOT representatives.
140th Avenue Sß, Kíng Coungt, Í7A. T}lris $9 million
project included soils stabilization using stone
columns, miles of MSE walls, SEII walls, and slider
piles, supported on preJoaded embankments, and
included multiple haffic signals.
Avondale Road NE Bridge, Phase lrKìng Counfit,
WA. This $6 million project included 67-footpre- cast
pre-stressed concrete girder bridge with pre- loaded
approach rÍunps, deep foundations, piling systen¡ and
new traffrc signals.
NE West Snoqualmie Valley Road Bridge
Reconstruction, King Counqt, WA.This state- and
federally-funded project constructed a ne\¡/ bridge with
pre-cast concrete slabs supported on deep piling
system.
Safer \üildlife and Community Mobilify Novelty
Hill Road Bridge, King County, llA. Thts I 20- foot
pre-cast and pre-shessed concrete bridge was
constructed in compliance with FI{WA and WSDOT
standa¡ds and specifications, requiring extensive
documentafion.
15 MiIe CreekBridge, Kíng County,lltA.This 60-
foot pre-cast concrete slab bridge required detouring of
the road. GRS footings \¡/ere utilized to support the
beam structures.
Alvord T Bridge, King Counfit, WA,T"ltis project
included demolition of a 130-foot-span bridge and
associated timber approaches, requiring full attention
to traffrc and safety controls as well as a
comprehensive community outreach.
Patterson Creek Bridge, King County, llA. Thisnew
65-foot-span concrete pre-cast slab bridge was
supported on deep foundations and utilized Geofoam
to construct both approaches. Jeff
coordinated construction \áith WSDOT liaisons,
which resulted in successful completion of the
bridge.
Sylvester Road Bridge, King Count¡t, WA.The
220- footpre-cast segmental bridge was supported
on five-foot-diameter drilled shaffs and was funded
by FIIWA requiring extensive documentations.
Newakum Creek Bridge, Kíng County, WA.The
project consisted of35-foot pre-cast concrete slab
bridge that was supported on steel H pile system.
Stossel Bridge Painting, Kíng Coungt, WA,Ttns
18O-foot span bridge was abated in it's entirely and
was painted for a long-term life. Extensive
environmental compliance was needed for a
successful operation and ensuring a safe working
environment.
May Creek Bridge, King County, WA,The project
consisted of a 3O-foot pre-cast concrete slab bridge
that was supported on steel H pile system, and was
f,mded by FIIWA, which required extensive
document¿tion to ensure reimbursement of funds.
Jeff coordinated construction with WSDOT liaisons.
Cottage Lake Creek Bridge, Kíng County, WA.
The project consisted of a 38-foot pre-cast concrete
slab bridge that was supported on steel H pile
system, and was funded by FI{WA, which required
extensive documentation to ensure reimbursement of
funds.
Sunday Creek Bridge, Kíng County, WA.T\e80-
foot steel truss bridge was supported on steel H pile
system, and was ñ¡nded by FIIWA, which required
extensive documentation to ensure reimbursement of
funds.
Harris Creek Bridge, Kíng County,I/1. This 80-
foot pre-cast pre-stressed concrete girder bridge was
supported on four-foot and 85 feet depth drilled
shafts, and was funded by FIIWA, which required
extensive document¿tion to ensure reimbursement of
funds.
BNSF RR Crossing Bridge, King Coanty, WA.
This three-span 120-foot pre-cast girder bridge was
supported on deep foundations. It required stringent
BNSF safefy, design, and construction requirements,
and extensive documentation to meet FIIWA
mandates.
Eastlake Sammamish Parkrra¡ Issaquøh, WA.
Jeffmanaged this high demanding traffic control and
safety project in coordination with the City of
Issaquah and WSDOT. Jeff coordinated construction
with WSDOT liaisons.
.leff lr4c(ìarth1, 2Harris & Associates, Inc.
24
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $3,000,000 each occurrence, $3,000,000 general
aggregate.
25
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than 2,000,000 per claim and $4,000,000 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 Consultant before commencement of the work. F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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: August 7, 2017
TO: Public Works Committee Members
FROM: Jason Bryant, Capital Projects Manager
THROUGH: Eric Connor, Construction Engineering Manager
Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Contract with Mayes Testing Engineers, Inc. for LID 363: S 224th
Street Improvements 84th Ave S to 88th Ave S - Recommend
SUMMARY: This contract is for Local Improvement District (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 bridge over SR
167 and structural earth walls.
Mayes Testing will provide materials testing for concrete, asphalt, and steel
reinforcement related to the project’s bridge piers, bridge deck, and new asphalt
roadway.
EXHIBIT: Contract
BUDGET IMPACT: This is a budgeted item, included in funding provided by Local
Improvement District 363 and the Washington State Transportation Improvement
Board.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Mayes Testing Engineers, Inc. to
provide services for the South 224th Street Improvements Project (84th Ave
S to 88th Ave S) in an amount not to exceed $69,296.00, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
27
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28
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Mayes Testing Engineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Mayes Testing Engineers, Inc. organized under the laws of the State of
Washington, located and doing business at 20225 Cedar Valley Road, Suite 110, Lynnwood, WA 98036,
Phone: (425) 742-9360, Contact: Tim Beckerle (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 materials testing and special inspection services
for the S. 224th St. 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
Sixty Nine Thousand, Two Hundred Ninety Six Dollars ($69,296.00), 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:
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 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
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:
Tim Beckerle
Mayes Testing Engineers, Inc.
20225 Cedar Valley Road, Suite 110
Lynnwood, WA 98036
(425) 742-9360 (telephone)
(425) 745-1737 (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
Mayes - 224th/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
MAYES TESflNG ENGINEERS, /NC.
¡'lferracon coMpANy
June 30,2017
Paul Kuehne
of Kent
Fourth Avenue South, Kent,
98032
Mr.
City
220
WA
Re:
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QA Testing Services
City of Kent South 224th Street lmprovements
Kent, WA
Mayes Testing Engineers Proposal No. 171687
Dear Mr. Kuehne,
Mayes Testing Engineers appreciates the opportunity to submit this proposal to provide
construction materials testing and special inspection services for the City of Kent South 224th
Street lmprovements project. We have an excellent track record of successful projects which
means you will have fewer demands on your time, reduced risk, and the likelihood of completing
on or under budget. The attached estimate is based on review of the plans dated 113117 and
addendums 1-4. No construction schedule is available at this time. Once additional information
becomes available it would benefit The City of Kent to provide us the opportunity to review and
revise this estimate based on the updated information.
The inspection and testing scope of work includes:
. Soil Density Testing¡ Concrete Testing. Welding lnspectiono Hot-Mix Asphalt Testing
We understand that our scope of services includes QA testing only. We assume that all QA
lnspection and documentation will be performed by others.
As an integral part of the project team, we work with our clients to provide realistic testing and
inspection budgets. Our clients will only be invoiced for actual work performed. A four-hour
minimum charge applies to all inspections and time will be charged portal-to-portalfrom our
Tacoma office. A premium rate of 1.5 times the regular rate will be charged for all work outside of
normal working hours or in excess of 8 hours per day and on Saturdays, Sundays and Legal
Holidays. Payment is net 30 days from date on invoice. This proposal is valid for 90 days from the
date of this letter. Final costs may vary up or down depending on the contractor's scheduling of
the work. All services will be billed in accordance with the attached fee schedule.
37
Page2 of 2
Mr. Kuehne
June 30, 2017
Mayes Testing Engineers Proposal No.: 171687
lf you have any questions or if we may be of further assistance, please do not hesitate to call. lf
you find this proposal acceptable, please sign and return one copy to our office. We look fonryard
to your favorable response.
Respectfully Submitted,
MAYES TESTING ENGINEERS, INC
^4 *)
Timothy G. Beckerle, P.E
Principal
Attachments Cost Estimate
Fee Schedule "N1" and General Conditions
Accepted
Printed Name:
D afa'
MAYES TESTING ENGINEERS,
'NC.
38
MAYES TESTING ENGINEERS, INC.
N1 FEE SCHEDULE AND GENERAL CONDITIONS
lnspection Services
Concrete lnspection (inctudes Reinforcing Steel, Concrete Placement, Shotcrete,
Aug e rcast G rout, G rout, Batch pl a nt)
Post Tension Concrete lnspection (includes placement and stressing)
Proprietary Anchor lnspection (includes Epoxy Grouted and Expansion Anchors)
Masonry lnspection (includes cmu and brick veneer)
Lateral Framing lnspection (includes wood and light gauge)
Seismic Resistance System lnspection
Fiber-Reinforced Polymer lnspection
Fireproofing
I ntumescent Paint I nspection
Soils Technician (includes nuclear densometer)
Asphalt Technician (includes nuclear densometer)
Asphalt or Concrete Coring Technician
Laboratory Technician
Lead lnspector
Structural SteelA¡Velding lnspection (includes bolting)
N on-Destructive Testin Penetra Particle Ultrasonic
oncrete ng
Air Dry Unit Weight Test
Concrete Absorption, Unit Weight and Moisture Content Test
Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (rncludes
curing, breaking & repoft)
Concrete Compressive High Strength Cylinder Test (over 10'000 psi)
Concrete Core Compressive Strength Test (includes trimming and testing)
Concrete Flexural Strength Beam Test
Concrete Shrinkage Test (ASIM U 57 - set of 3)
Length of Concrete Core Test (ASTM C174)
Mix Design '1 Point Verification & 3 Point Water Cement Curve
Modulus of Elasticity Test
Shotcrete PanelTest (includes 4 cores)
Voids and Density of Hardened Concrete Test (ASTM C642)
Masonry Testing
Brick Absorption Test (24 hour soak)
Brick Absorption Test (5 hour boil)
Brick or Masonry Efflorescence Test (set of 5)
Brick or Concrete Paver Compression Test
Masonry Absorption, Unit Wt. And Moisture Content Test
Masonry Unit Compression Test
Masonry Drying Shrinkage Test (sef of 3)
Masonry Grout or Mortar Compressive Stength Test
Masonry Prism Test (grouted or ungrouted)
Retaining Wall Unit Absorption Test
Retaining Wall Unit Compression Test
Asphalt Testing
Asphalt Marshall Mix Design Test (5 points)
Asphalt Core Density Test
Asphalt lgnition & Gradation Test
Asphalt lgnition Oven Correction
Asphalt Marshall Set Test (flow, stability, voids)
Asphalt Oil Content Test
Asphalt Rice Density Test
Asphalt Stripping Test
Asphalt Superpave Set Test (VMA, VFA and VA)
73.00
73.00
73.00
73.00
73.00
73.00
73.00
73.00
80.00
83,00
83.00
83.00
83.00
78.00
80.00
85.00
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
40.00 each
45.00 each
22.00 each
30.00 each
66.00 each
50.00 each
300.00 each
30.00 each
quoted on request
100.00 each
140.00 each
75.00 each
45.00
70.00
85.00
45.00
45.00
55.00
300,00
22.00
1 10.00
45.00
1 10.00
each
each
each
each
each
each
each
each
each
each
each
3500,00 each
35.00 each
250.00 each
450.00 each
440.00 each
80.00 each
100.00 each
30.00 each
550.00 each
Services
39
Laboratory Servrces
Soils and Aggregate Testing
Atterberg Limits Tests
Liquid Limit Only Test
Plastic Limit Only Test
California Bearing Ratio Test (CBR - with proctor)
Clay Lumps and Friable Particles Test
Degradation Test
Flat and Elongated Particles Test
Fractured Face Count Test
LA Abrasion Test
Lightweight Pieces in Aggregate Test (coal and lignite)
Organic lmpurities Test
Organic Matter Analysis (/oss on ignition by weight)
R-Value Test
Sand Equivalent Test
Sieve Analysis Test (dry only)
Sieve Analysis Test (includes parficles finer than #200)
Sodium Sulfate Soundness Test
Soil Hydrometer Analysis
Soil Moisture Content Tesl (natural)
Soil Moisture Density Relationship Tesl (proctor)
Soil Relative Density Test
Soil Specific Gravity Test
Specific Gravities Coarse Aggregate Test
Specific Gravities Fine Aggregate Test
Unit Weight Test
Miscellaneous Testing
Fiber-Reinforced Polymer Tensile Test (seÚ of 5)
Fireproofing Density Test
Machining Tensile Test
Macroetch Íest (evaluation only or sample preparation)
Moisture Emission Test Kits
Reduced Section Tensile Coupons Test
Reinforcing Steel #10 - #18 Tensile Test
Reinforcing Steel #3 - #9 Tensile Test
Splitting Tensile Test
Stressing Strand Tensile Iesl (breaking strength only)
Tensile Test on Coupon Assembly (with slippage #3 - #9)
Tensile Test on Coupon Assembly (with slippage #10 - #18)
Universal Test Machine & OPerator
Weld Fracture Test
120.00 each
75.00 each
55.00 each
550.00 each
90.00 each
135.00 each
90.00 each
75.00 each
150.00 each
80.00 each
45.00 each
60.00 each
325.00 each
60.00 each
130.00 each
200.00 each
250.00 each
225.00 each
30.00 each
200.00 each
225.00 each
85.00 each
55.00 each
85.00 each
45.00 each
750.00 each
80.00 each
cost + 15%
50.00 each
30.00 each
45.00 each
85.00 each
60.00 each
80.00 each
60.00 each
80.00 each
105.00 each
125.00 /hour
80.00 each
Services
NDE Leve nsultation
Principal Engineer
Staff Engineer (includes Pachometer Testing, Floor Flatness lesfing lmpact Echo
Testing, Load Testing & Moisture Emisslons Testing)
Engineering Technician
150.00 /hour
150.00 /hour
125.00 /hour
105.00 /hour
95.00 /hour
0.65 /mile
FederalGSA Rate
essf + 15%
cost + 15%
Man er
ileage our
Subsistence (lower 48 states)
Reimbursable Expenses (commercial travel, rentals, con sumables, etc')
Subconsultants
*A four hour minimum charge appl¡es to all inspections. Overtime rate of 1.5 times the regular rate applies to all work
performed outside of normal working hours, weekends and holidays.
Other
40
Item
City of Kent S. 244th Street lmprovements
Testing and lnspection Services
Mayes Testing Engineers, lnc. Cost Estimate No. 171687
Estimated No
of Units Unit Price
Extended
Total
Asphalt Technician 120 Hours 83.00 /hr
Density Testing: Estimate 12 inspections at I hours per inspectionSampling: Estimate 12 inspections at 2 hours per inspection
lnspection Services
Soils Technician
Density Testing: Estimate
Reinforced Concrete I nspection
Drilled Shafts. Estimate 11
Columns: Estimate 5
Piers/beams: Estimate 4
Girder Stops: Estimate 4
DiaphragmsA/úalls: Estimate 8
Ped Barriers: Estimate 6
Decks: Estimate 4
Moment slabs Estimate 6
Approach Slabs: Estimate 2
Misc: Estimate 6
100 Hours 83.00 /hr
25 inspections at 4 hours per inspection
Each
Each
Each
Each
Each
Each
Each
22.0O ea
100.00 ea
250.00 ea
200.00 ea
200.00 ea
60.00 ea
75.00 ea
8,300.00
9,960.00
13,200.00
1,200.00
3,000.00
1,600.00
3,000.00
480.00
300.00
inspections at I
inspections at 6
inspections at 6
inspections at 4
inspections at 6
inspections at 4
inspections at I
inspections at 4
inspections at 6
inspections at 4
322 Hours
hours per inspection
hours per inspection
hours per inspection
hours per inspection
hours per inspection
hours per inspection
hours per inspection
hours per inspection
hours per inspection
hours per inspection
73.00 ihr 23,506.00
50 Hours 95.00 /hr 4,750.00
Project Managemenl (lncludes meetings, slfe vrs/s, reporl review,
mix design review, and misc. consultation)
Laboratory Services
Concrete Compressive Strength Cylinder Test
Asphalt Rice Density Test
Asphalt lgnition/Gradation Test
Soil Moisture Density Relationship Test (Proctor)
Sieve Analysis Test (includes particles finer than #200)
Sand Equivalent
Fracture Face Count
Miscellaneous Services
Cylinder Pick-up
Mileage
Administrative Services (Types repofts, mai[ postage, etc.)
No Charge
No Charge
No Charge
Total Estimated Costs: $69,296.00
600
12
12
I
15
I
4
A four-hour minimum charge per call applies to all inspections. A premium rate of 1.5 times the regular will be
charged for all work outside of normalworking hours in excess of I hours per day and on Saturdays, Sundays and
Legal Holidays. Payment is net 30 days. This estimate is valid for g0 days.
MAYES TESTING ENG/NEERS, /NC.
41
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
42
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
43
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44
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: August 7, 2017
TO: Public Works Committee
FROM: Stephen Lincoln P.E., Environmental Engineer II
THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Upper Mill Creek Dam Improvements Project King County Flood
Control District Sub-Regional Opportunity Fund - Recommend
SUMMARY: The King County Flood Control District (District) collects an annual levy
from properties within King County. Through the District’s Sub-Regional Opportunity
Fund, ten percent of the levy collected within each jurisdiction is granted back to the
jurisdiction to be used for stormwater or habitat projects.
Staff suggested the city’s portion of the Opportunity Fund be directed to the Upper Mill
Creek Dam Project in the amount of $191,815. Approval is needed by Council to accept
these funds for the project and establish a budget.
EXHIBIT: 2017 Sub-Regional Opportunity Fund Amendment Form
BUDGET IMPACT: The Opportunity Fund will be used for reimbursement of project
costs.
MOTION: Move to recommend Council authorize the Mayor to direct staff to
accept the King County Flood Control District Sub-Regional Opportunity
Fund in the amount of $191,815 for the Upper Mill Creek Dam Project and
to establish a budget for the funds to be spent on this project.
45
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46
47
48
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: August 7, 2017
TO: Public Works Committee
FROM: Stephen Lincoln P.E., Environmental Engineer II
THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer
SUBJECT: Consultant Services Agreement Amendment with AECOM for the
Upper Mill Creek Dam Improvements Project - Recommend
SUMMARY: The Upper Mill Creek Dam Improvements Project will provide flood risk reduction
to the Kent Valley. When complete, the improvements will provide significantly increased flood
risk reduction to the Downtown Business District, including Kent Station, James Street, Smith
Street, and Central Avenue areas. Improvements to the dam’s diversion structure will also open
Upper Mill Creek to re-habitation by salmon.
Near the final phases of design, the U.S. Army Corps of Engineers permitting process established
many conditions for the project. The conditions necessitated design changes to the project and
added an entirely new condition of required stream channel mitigation work.
This contract amendment with AECOM will complete the design modifications and stream
channel mitigation design with a goal of construction in 2018.
EXHIBIT: AECOM Contract
BUDGET IMPACT: Funding for this contract amendment will come from already budgeted
drainage utility funds and grants from the King County Flood Control District.
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Amendment with AECOM in an amount not to exceed
$114,554.18 for the Upper Mill Creek Dam Improvements Project, subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
49
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50
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
AECOM Technical Services, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and AECOM Technical Services, Inc. organized under the laws of the State of
California, located and doing business at 1111 3rd Ave., Suite 1600, Seattle, WA 98101-1616, Phone:
(206) 438-2351, Contact: Jeff Walker (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 design and permitting services for the Upper Mill Creek Dam
Improvements project. For a description, see the Consultant's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Fourteen Thousand, Five Hundred Fifty Four Dollars and eighteen cents
($114,554.18), 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:
51
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.
52
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
53
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.
/ /
/ /
/ /
/ /
/ /
/ /
54
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:
Jeff Walker
AECOM Technical Services, Inc.
1111 3rd Ave., Suite 1600
Seattle, WA 98101-1616
(206) 438-2351 (telephone)
(866) 495-1422 (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
AECOM - Upper Mill Creek Dam 2/Lincoln
55
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: _________________________________________
56
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.
57
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: _________________________________________
58
Exhibit A
PROFESSIONAL ENGINEERING SERVICES
UPPER MILL CREEK DAM IMPROVEMENTS
SCOPE OF WORK
July 26,2017
The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood
capacity of Upper Mill Creek storage facilities was reviewed. "High" priority was assigned to
these facilities because flooding of these structures may cause risks to public safety, major
roadway transportation, emergency vehicle access, the business community, and water quality.
Under this scope, AECOM will assist the City with remaining design elements in order to receive
the dam safety permit.
PROJECT WORK ELEMENTS
The following tasks are included in the scope of work:
. Task 1 - Project Management. Task 2-Dam Design and OutletWorkso Task 3 - Diversion Design. Task4-Specifications. Task 5 - Electrical Design for Dam and Diversion. Task 6 - Construction Cost Estimates. Task 7 - JARPA Permit Support¡ Task I - Dam Safety Support
Task I - Project Management
Project activities will be coordinated and directed with the goals of completing all work within
budget and schedule and to meet or exceed City objectives and expectations. Coordination and
liaison with the City will be on biweekly to ensure that these objectives are met. No in-person
coordination meetings are anticipated.
Progress, schedule, and budget will be monitored weekly. lnvoices will be generated every four
weeks. Monthly progress reports will be completed as cover letters for invoices. They will
summarize work completed during the performance period and show used and available
budgets. Potential out-of-scope items will be addressed after being reviewed for their viability
and impact to the project.
AECOM will conduct in-house quality control and technical reviews for all AECOM deliverables
prior to submittal to the City for comment and review. ln-house review will be documented for all
submittals.
Work includes project management scope and budget through December 2017
Deliverables:
a Monthly status reports/invoices.
59
Exhibit A
Task 2 - Dam Design and Outlet Works
This task includes design of the dam improvements and outlet structures. Design work is based
on new information from the City regarding existing utilities within 104th Avenue and permit-
related comments from the Muckleshoot Tribe and the Washington Department of Fish and
Wildlife. Work elements are summarized as follows:
Task 2.1 - Revisions to the principalspillway outlet vault and culverts related to
regulatory review comments. Changes to the outlet structure due to permit related
comments included providing fish exclusion from the '10-year storm event. This resulted
in the following work:
A. Hydraulic Analysis:. Calculations to determine the water surface elevation for the 1O-year storm
at the location of the stilling basin on the west side of 104th Avenue.. Calculations to size and design tideflex check valves for low flow
discharges from the stilling basin and modify the stilling basin height.
Task2.2 - Revisions to the configuration of principal spillway outlet pipe to avoid known
utilities and avoid excavation of existing dam footing. Revisions to the configuration of
emergency spillway structure to add stairs for access.
A. Structural design associated with making vault deeper to accommodate stilling
basin hydraulics. Revise structural design to include vehicle loading of the vactor
truck. Update vehicle loading information.
B. Construction plan revisions to principal spillway and emergency spillway.
Task 2.3 - Revisions to the configuration of the principal spillway outlet culvert to avoid
the existing 36-inch diameter water transmission main line beneath 104th Avenue. Work
needed to complete the design revision includes:
A. Hydraulic Analysis. Revising the Principal Spillway Culvert Flow Routing Calculations (note
this is also needed for Task 3, but will be completed in Task 2). Revising the Stilling Basin Hydraulic calculations (note the top of the
stilling basin may need to be raised in elevation to allow for adequate
hydraulics; this needs to be refined). Revising air vent, gate, and trash rack calculations. Checking overflow conditions (west of 104th Avenue) when water flows out
of the top of the stilling basin
B. StructuralAnalysis. Stilling basin structure and grate revisions. Adding casing for sewer line
C. Construction plans. Revise sheets 506, S07, S08, S09 & M03. New sheets 518 and 519 of reinforced sections for stilling basin
f ask2.4 - Debris cage: structural design - Work to include:
A. Structural calculations
B. One drawing sheet
Task 2.5 - lndependent Technical Review - overall review of design, drawings, and
specifications by independent Senior Dam Engineer
a
a
a
Deliverables:
a
a
a
a
Revised/final design calculations will be provided as attachments to the Final Dam Safety
Report.
100% and lssued for Construction (lFC) Construction Plan drawings.
2
60
Exhibit A
Task 3 - Diversion Design
This task includes design of the diversion structure, fish ladder system, large box culverts and
related wing walls that tie the box culverts to the diversion structure and diversion channel.
Revisions to the design are needed to site the diversion structure (laid out and provided to the
City in 2013) within City-owned property or within a City easement. Also, design changes are
needed to address regulatory comments provided on November 29,2016. Changes in the
design have caused some of the dam hydraulic calculations to require revision as well as
calculations prepared for the Dam Safety report.
o Task 3.1 - Revise diversion structure layout to fit within City property/easement.
A. Layout - A brief alternatives analysis to determine the best configuration of the
diversion structure. Deliverable to include sketches and brief summary submitted
via email.
B. Hydraulics - Revised hydraulic calculations are needed because the elevations
and weir heights and lengths changed. Affected calculations include:. Diversion structure hydraulic design calculations. Dam Safety flow routing calculations. Dam Safety Report updates needed to reflect calculations
C. Construction plans:
a. Revisions to sheets S13, S14, S15, S16, S17
a Task 3.2 - Revise Diversion Structure to address regulatory comments related to fish
screen height and the addition of adjustable weirs.
A. Hydraulics - revised calculations included as part of Task 3.1
B. Structure Design of adjustable weirs
C. Construction plans:. New details for adjustable weirs are needed - M07. The gate design needs to be modified to work with the adjustable weirs
Deliverables:
. Revised/final design calculations will be included in the final Dam Safety Report.. 100o/o and IFC Construction Plan drawings.
Task 4 - Specifications
Work associated with this task includes adding specification language regarding
Task 4.'1 - Revising specification language regarding stainless steel adjustable weirs,
and modifying gate size.
Task 5 - Electrical Engineer¡ng Design
Work associated with this task includes revisions to electrical drawings in response to new
information and requests from the City.
o Task 5.1 - Revise diversion structure layout to fit within City property/easement. The
additional electrical work includes adjustment of conduit, stilling wells, and control panels. Task 5.2 - Change in gate size (due to variable weir required by agencies) and update
actuators.. Task 5.3 - Quantities. The original estimate assumed the City would provide quantities.
J
61
Exhibit A
. Task 5.4 - PS Vault changes affecting stilling well and conduits. Coordination with Kent
on cutting existing Lift Pump Station slab for new conduits and adding to specifications.
Task 6 - Gonstruction Cost Estimates
Work associated with this task includes developing quantities (the original scope assumed that
the City would provide construction quantities) and including the estimates for adjustable weirs,
which were not anticipated. ln addition, the revision to the stilling basin and new grate on top of
the stilling basin requires design quantities and a cost estimate.
Task 7 - Support for JARPA Permitting
Work for this task includes tributary analysis requested by the Muckleshoot Tribe and USACE.
The goal of the analysis is to determine the length of "fish habitat" stream channel in each of two
tributaries behind the Upper Mill Creek Dam.
¡ Task 7.'1 - Tributary analysis. The analysis includes review of data provided by the City
and the available from King County. Deliverables include a memo describing results and
methodology and three associated figures showing the tributaries, gradient, and reach
breaks.
Task I - Dam Safety Permit Support
Revisions to the diversion structure and principal spillway require including updates to the dam
safety report and additional coordination with the Ecology Dam Safety Office.
EST¡MATED SCHEDULE
The work under this scope is scheduled to be completed by the end of December 2017. New
rates will apply for 2018.
4
62
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Jim Fillís (Principat in Charge)
Jeff Walker (PM)
3arla Talich (Project Engineer)
Rod DenHerder (Project Engineer)
Senior Dam Engineer (lTR)
Todd Parkington (Geotechnical En
John Lostra (Quantities)
Kerry Fearrington (Structural)
Dave Staley (Electricat OA/OC)
fom Merritt (Electrical Engineer)
Efren Escarez (Electrical CAD)
Paul Hamidi (Wetlands)
Ulichael lnman (GtS)
fy Bardwell (Senior Construction I
Shoaib Akram (Construction Mana
!ADD/GlS/Graphics
Administration
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$83.r0
$46.0r
$61.6r
$s9.28
$88.00
$64.44
$67.50
$56.r4
$87.71
$s8.87
$46.25
$39.38
$37.50
$86.20
$61.91
$40.00
$28.00
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64
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
65
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work. F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
66
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: August 7, 2017
TO: Public Works Committee Members
FROM: Mike Mactutis P.E., Environmental Engineering Manager
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
SUBJECT: Information Only/Water Resource Inventory Area (WRIA) 8
Chinook Salmon Conservation Plan Update
SUMMARY: WRIA 8 includes the Cedar River watershed area, of which Rock Creek is
a tributary. The City of Kent’s Clark Springs municipal water supply is located in the
Rock Creek sub-watershed and is the city’s main water supply. WRIA 8 also
encompasses the entire Lake Washington and ship canal watershed including all of its
tributaries as well as Puget Sound near shore areas from the ship canal north to
Mukilteo.
WRIA 8, including Kent, developed a conservation plan to protect and restore salmon
habitat in response to the 1999 listing of chinook salmon as endangered. The first
plan was adopted by the City of Kent, as well as all of the other jurisdictions in WRIA
8, in 2005.
The WRIA 8 Forum recently completed a draft update to the Chinook Habitat Plan
and made it available to agencies for review. The intent of the plan is to update
recommendations for actions to restore and protect salmon habitat as well as an
approach to implementing these actions over the next ten years. Comments are
requested by August 18, 2017, and city staff is reviewing it.
The draft update may be viewed and downloaded at this web site:
http://govlink.org/watersheds/8/reports/plan-update.aspx
EXHIBIT: None
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
INFORMATION ONLY/NO MOTION REQUIRED
67
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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: August 7, 2017
TO: Public Works Committee Members
FROM: Kelly Peterson, AICP, Transportation Engineering Manager
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
SUBJECT: Information Only/Transportation Grant Update
SUMMARY: The Transportation Improvement Board has issued a call for projects for
the Urban Arterial Program and the Sidewalk Program. $40.7 million is available for
the Puget Sound Region for the Urban Arterial Program and $2.71 million is available
for the Sidewalk Program. Kent staff has reviewed the grant criteria and
recommend submitting applications for the following projects:
1) Urban Arterial Program – SE 248th Street – 104th Ave. SE to the 111th Ave.
SE; full width improvements
2) Urban Arterial Program - 76th Ave S. – 21600 block to the 22200 block; full
width improvements
3) Sidewalk Program – 132nd Ave SE – west side only SE 240th Street to SE
248th Street and SE 276th Street to SE 278th Pl.
The TIB grants require Kent to provide 20% match for projects in both the Urban
Arterial and Sidewalk Programs. Points can be earned on the Urban Arterial Grant
Program for every 4% above the minimum match, up to 5 points, and the Sidewalk
Program provides 1 point for each 1 percent above the minimum up to a maximum
of 5 points.
Transportation Alternatives Program – Public Works and ECD staff are working to
identify potential projects which includes non-motorized projects. PSRC is hosting
workshops the week of August 7, 2017.
EXHIBIT: None
BUDGET IMPACT: No budget impact at this time.
INFORMATION ONLY/NO MOTION REQUIRED
69
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70
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: August 7, 2017
TO: Public Works Committee Members
FROM: Kelly Peterson AICP., Transportation Engineering Manager
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
SUBJECT: Information Only/South 248th Street Update
SUMMARY: Staff will provide an update on the SE 248th Street Corridor Plan. This
presentation will include preliminary cost estimates from 94th Ave S. to 132nd Ave SE
consistent with Kent Construction Standards for Residential Collector Arterials; 3
lane roadway, bike lanes, planter strip and sidewalks.
The planned YMCA facility is adjacent to this corridor.
EXHIBIT: None
BUDGET IMPACT: Not Applicable
INFORMATION ONLY/NO MOTION REQUIRED
71
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72
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: August 7, 2017
TO: Public Works Committee Members
FROM: Alex Murillo, P.E. Environmental Engineering Supervisor
THROUGH: Mike Mactutis, P.E. Environmental Engineering Manager
Chad Bieren, P.E. Deputy Director / City Engineer
SUBJECT: Information Only/Hawley Road Levee Connection to SR-167 and
Horseshoe Bend Levee Outfall Repair - Update
SUMMARY: For the Hawley Road Levee, the City recently obtained permission from
the Washington State Department of Transportation (WSDOT) to construct the final
segment of this levee, which will connect to SR-167. This connection will provide a
certified levee from Foster Park to Signature Point, which will complete the levee
along Hawley Road.
For the Horseshoe Bend Levee, the U.S. Army Corps of Engineers has identified a
deteriorating City-owned pipe as a levee deficiency, requiring repair or replacement.
This levee is the City’s only FEMA accredited levee and repairing this pipe is
necessary.
Pending favorable contractor bids in August and a continuation of dry-weather
conditions this late summer and early fall, our goal is to complete the construction
work this year.
EXHIBIT: None
BUDGET IMPACT: This project is funded through previously budgeted drainage
utility funds.
INFORMATION ONLY/NO MOTION REQUIRED
73
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74
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: August 7, 2017
TO: Chair Dennis Higgins and the Public Works Committee Members
FROM: Hayley Bonsteel, Senior Long Range Planner
William Ellis, Economic Development Analyst
SUBJECT: Meet Me on Meeker Online Survey – Preliminary Findings
INFORMATION ONLY/NO MOTION REQUIRED
SUMMARY: Meet Me on Meeker, the collaborative redesign of a key gateway and
commercial “main street” connecting our river to our historic downtown, has included
community input since the project’s inception in 2015. The latest outreach efforts have
included participation at a Kent Elementary carnival event and deployment of an online
survey that has garnered over 220 responses so far.
Initiated as an action item of the Economic Development Plan, the project’s current
phase includes updating the Design and Construction Standards with a “Meeker
Overlay.” The City’s Complete Streets ordinance, adopted in 2016, requires all future
transportation standards to consider all modes—making this update the first instance of
applying this requirement. Developing the new standards requires public input to help
staff ensure the relevance of design and engineering choices to the community who
lives, works or walks along Meeker today.
Staff will share preliminary findings from recent outreach, including comments and ideas
from the community as to how Meeker can better serve their needs. A community forum
targeting the property owners along Meeker Street is being planned for mid-August.
EXHIBITS: None
BUDGET IMPACT: None
75
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76
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: August 7, 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
77