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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 02/22/2016 (2)Public Works Committee Agenda Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month, in 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. Special Meeting February 22, 2016 4:00 p.m. Item Description Action Speaker Time Page 1. Call to Order -- Acting Chair Fincher 01 -- 2. Roll Call -- Acting Chair Fincher 01 -- 3. Changes to the Agenda -- Acting Chair Fincher 01 -- 4. Approval of February 1, 2016 Minutes YES None 03 03 5. Consultant Agreement with Shearer Design, LLC - Bridge Analysis YES Joe Araucto 10 07 6. Consultant Agreement with Visual Pavement Rating Services, Inc. - Pavement Rating YES Joe Araucto 10 27 7. Consultant Agreement with Tetra Tech, Inc. - 80th Ave. S. Pavement Rehabilitation YES Joe Araucto 10 41 8. Schedule 74 Design Agreement with Puget Sound Energy - 228th Street Grade Separation Project YES Mark Madfai 05 57 9. Consultant Agreement with COWI - Milwaukee II Levee YES Mark Madfai 05 67 10. Information Only/James Street Improvements – Update NO Chad Bieren 10 95 11. Information Only/212th Street at Winco Bank Issue NO Chad Bieren 10 97 1 This page intentionally left blank 2 Public Works Committee Minutes February 1, 2016 1 Item 1 – Call to Order: The meeting was called to order at 4:01 p.m. by Committee Chair, Dennis Higgins. Item 2 – Roll Call: Committee Chair, Dennis Higgins and Committee members Dana Ralph and Brenda Fincher were present. Item 3 – Changes to the Agenda: No changes were made to the Agenda.to the agenda Item 4 – Approval of Meeting Minutes Dated January 4, 2016: Committee member Fincher MOVED to approve the minutes of January 4, 2016. The motion was SECONDED by Committee member Ralph and PASSED 3 - 0. Item 5 – Approval of Meeting Minutes Dated January 11, 2016: Committee member Fincher MOVED to approve the minutes of January 11, 2016. The motion was SECONDED by Committee member Ralph and PASSED 3 - 0. Item 6 – Goods and Serivces Agreement with ECOSS – Recycling Events: Conservation Specialist, Gina Hungerford noted that requests for qualifications went out at the end of last year. Environmental Coalition of South Seattle (ECOSS) was chosen based on and their work with thousands of residents and small businesses around the region since 1994, in multiple languages, as well as a cost savings to the City. ECOSS will provide assistance in overseeing three popular recycling events, along with outreach to businesses and multi-family complexes to help reduce waste and increase recycling in Kent. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign the Consultant Services Agreement with ECOSS for Waste Reduction and Recycling Activities and Programs for 2016 in the amount of $73,525, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3 - 0. Item 7 – Downey Farmstead Frager Road Relocation RCO Agreement : Environmental Biologist, Matt Knox noted that the Washington State Recreation and Conservation Funding Board Project agreement will enable the City of Kent to complete the first phase of the Downy Farmstead restoration project by relocating Frager Road away from the Green River. This will make room for future creation of a side channel network and expanded floodplain. Knox went on to state that the new road alignment will provide a greater buffer/setback from the river. A six car parking lot will be constructed at the Old Fishing Hole (downstream) to replace the existing parking area. The road relocation is scheduled to begin in 2017. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign the Washington State Recreation and Conservation Office (RCO) Funding Board Project Agreement in the amount of $859,173 for the Downey Farmstead – Frager Road Relocation Project, direct staff to accept the grant and establish a budget for the funds to be spent within the Downey Farmstead 3 Public Works Committee Minutes February 1, 2016 2 project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3 - 0. Item 8 – Interlocal Agreement with the Regional Fire Authority for 72nd Ave South: Interim Design Engineering Manager Ken Langholz and Aaron BeMiller, Finance Director were at the table. Langholz noted that this item has been brought to the committee previously. Langholz briefly reminded the committee that 72nd Avenue South currently has a missing segment between South 196th Street and South 200th Street and that the extension will complete the missing link and provide connectivity to the north end of the industrial area. Langholz stated that it is not customary for the Regional Fire Authority to help pay for a roadway, but in this case it was agreed by all that it is the most cost effective way to go, for both the City and the RFA. Finishing the missing link will save the RFA from having to build a new fire station in the area because the road will reduce travel and response times and allow the RFA to meet adopted level of service standards to the areas north and east of the missing roadway section. The interlocal agreement will provide $1.2 million of RFA funding to the 72nd Avenue South extension project paid over a 10 year period through annual installments of $120,000. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign an Interlocal Agreement with the Kent Fire Department Regional Fire Authority for 72nd Avenue South Improvements, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3 - 0. Item 9 – Information Only/ADA Compliance – Title II Requirements: Street Superintendent, Bill Thomas and Kelly Peterson, AICP, Special Projects/Transportation Manager noted that according to the US Census Bureau, nearly 10% of the population has a severe disability, and that one in five has a temporary disability during their lifetime; this figure is expected to increase with the anticipated rise in the median age. Title II of the Americans with Disabilities Act (ADA) applies to all public entities including local governments. Many that for Public Works facilities must comply with the ADA including, curbs, sidewalks, pedestrian crossings, pedestrian signals and shared use facilities. Under Title II, resurfacing is an alteration if it is considered structural and then requires public entities to make facilities accessible. The Federal Highway Administration does not define structural vs. maintenance resurfacing. Lawsuits based on Title II rules violations have occurred around with the country, resulting in over 150 settlement agreements. A lawsuit against the city of Sacramento, CA, now requires the city to dedicate 20% of its transportation budget over the next 30 years to sidewalk work to improvements that address ADA access issues. Peterson noted that complying with Title II of the ADA and addressing issues as they arise is important to providing access to all citizens in the community. Information Only/No Motion Required ITEM 10 – Information Only/Quiet Zone Update: 4 Public Works Committee Minutes February 1, 2016 3 City Engineer, Chad Bieren noted that a diagnostic study with the Burlington Northern Santa Fe railroad has been completed; staff presented a draft diagnostic report to Union Pacific Railroad staff when they met this month. Bieren noted that it will cost significantly less than first thought and that some improvements could start soon. Bieren stated staff could start on some of the smaller items such as signs, markings and missing driveways etc., this summer. Information Only/No Motion Required Item 11 – Information Only/Water and Sewer Rates, Overview and Discussion: Paul Scott, Public Works Finance Manager and Tim LaPorte, Public Works Director briefed the committee on the water and sewer rates. Staff will be giving a presentation at the Council Workshop on February 16, and will come back in a month and give a more detailed update to the committee. The meeting was adjourned at 4:54 p.m. Cheryl Viseth Council Committee Recorder 5 This page intentionally left blank 6 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: February 8, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 23, 2016 From: Joseph S. Araucto, P.E. – Pavement Manager Engineer Through: Dave Brock, P.E., Public Works Operations Manager Item 5: Consultant Services Agreement with Shearer Design, LLC to Perform Structural Analysis Work on City Owned Bridges Summary: The Federal Highway Administration (FHWA) recently required agencies who own bridges within the National Bridge Inventory (NBI) to have structural analyses of the bridges performed to account for use by specialized hauling vehicles. Specialized hauling vehicles are commercial vehicles with closely spaced multi-axles including dump trucks, cranes, solid waste trucks, specialized hauling trucks and other multi-axle vehicles that were introduced by the trucking industry during the last decade. The City of Kent maintains 18 vehicle carrying bridges that are contained in the NBI. Of the 18 bridges, one, the Colonel Joe M. Jackson Bridge has already been rated using the new requirements and is compliant; leaving 17 bridges left to comply. The compliance schedule provided by the FHWA allows the City to group its bridges into 2 groups. Group 1 bridges are required to be analyzed by December 31, 2017 for compliance (6 City of Kent bridges), and Group 2 by December 31, 2022 (11 City of Kent bridges). In this proposal, the consultant will provide the specialized structural engineering expertise to perform the bridge rating for Group 1 bridges. Exhibit: Consultant Contract Budget Impact: Proposed funding is from 2016 Business & Occupation tax revenue. Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Shearer Design, LLC, in an amount not to exceed $54,016.4, for the purpose of performing structural analysis on six city owned bridges, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 7 This page intentionally left blank 8 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Shearer Design LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of Washington, located and doing business at 3613 Phinney Ave. N. #B, Seattle, WA 98103, Phone: (206) 781-7830/Fax: (206) 281-1751, Contact: David Shearer (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide load rating analysis and reports for six bridges in the city. 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 August 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty Four Thousand, Sixteen Dollars and forty cents ($54,016.40), 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: 9 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 liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 10 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 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 11 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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. / / / / / / / / / / / / 12 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. 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: David Shearer Shearer Design LLC 3613 Phinney Ave. N. #B Seattle, WA 98103 (206) 781-7830 (telephone) (206) 281-1751 (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 Shearer - Bridge Load Rating/Araucto 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: _________________________________________ 14 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 SHEARER DESIGN llc. Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N #B Seattle, WA 98103 (206)781-7830 \\SHEARERSERVER\D-Drive\ADMIN\Job Contracts\C-0279 Kent Load Rating\0279 Kent Load Rating.docx November 27, 2015 City of Kent Public Works Operations 5821 South 240th Street Kent, WA 98032 Subject: Bridge Load Rating Reports Attn: Joseph Araucto P.E. Dear Mr. Araucto: We are happy to provide engineering services to the City of Kent for load rating analysis and reports for several bridges in your inventory. As I understand it, we may best assist the City with the following scope of services; Load Rating This task shall provide a load rating report for each identified bridge for the City Records and inventory. The load rating shall be completed in accordance with the WSDOT BDM Chapter 13 and the AASHTO Manual for bridge evaluation (current edition). The load rating review will include analysis of the NRL loading and all SU vehicles. Deliverables Load Rating Reports:  South Frager Bridge  North Frager Bridge  Green River Bridge  Kent -14 Mill Cr  Kent -15 Mill Cr  Central Ave Bridge Please see the enclosed spreadsheet for a summary of our estimated cost and hours for this project. We look forward to working with you. If you have any questions please feel free to call. Sincerely, David R. Shearer S.E. Principal Bridge Engineer SHEARER DESIGN 17 COMPENSATION Shearer Design LLC.Task Estimate Shearer Design (206) 781-7830 Project City of Kent Bridge Load Ratings Date 27-Nov City of Kent Joseph Aracuto Prepared By DRS (253) 856-5664 8539900 South Frager Bridge $6,028.80 8524000 North Frager Bridge $6,056.00 8589300 Green River Brige $18,010.80 0004718A Mill Creek -14 $5,942.40 000000FS Mill Creek -15 $5,942.40 8585100 Central Ave Br.$12,036.00 Total $54,016.40 Shearer Design LLC Personal Services Agreement 18 COMPENSATION Shearer Design LLC.Task Estimate Shearer Design (206) 781-7830 Project City of Kent Bridge Load Ratings Date 27-Nov City of Kent Joseph Aracuto Prepared By DRS (253) 856-5664 Principal Sr. Engineer Proj. Engineer Staff Engineer 8539900 South Frager Bridge 3 span concrete slab Load Rating Main Span Modeling 4 4 Analysis 2 8 Report Review 4 12 QC 8 Publish 8 Sub Totals 18 32 0 Billing Rates $134.40 $112.80 $99.00 84 $2,419.20 $3,609.60 $0.00 Sum totals fully burdened cost $6,028.80 Indirect Cost Mylars 0 $150 -$ Mileage 0 0.56 -$ Expense Total -$ Sub Total Labor A $6,028.80 Expenses B $0.00 Subconsultants 0 Subconsultants C $0.00 Total A+B+C $6,028.80 Shearer Design LLC Personal Services Agreement 19 COMPENSATION Shearer Design LLC.Task Estimate Shearer Design (206) 781-7830 Project City of Kent Bridge Load Ratings Date 27-Nov City of Kent Joseph Aracuto Prepared By DRS (253) 856-5664 Principal Sr. Engineer Proj. Engineer Staff Engineer 8524000 North Frager Bridge 3 span concrete slab Load Rating Main Span Modeling 4 4 Analysis 2 8 Report Review 4 12 QC 8 Publish 7 Sub Totals 18 31 0 Billing Rates $134.40 $112.80 $99.00 84 $2,419.20 $3,496.80 $0.00 Sum totals fully burdened cost $5,916.00 Indirect Cost Mylars 0 $150 -$ Mileage 250 0.56 140.00$ Expense Total 140.00$ Sub Total Labor A $5,916.00 Expenses B $140.00 Subconsultants 0 Subconsultants C $0.00 Total A+B+C $6,056.00 Shearer Design LLC Personal Services Agreement 20 COMPENSATION Shearer Design LLC.Task Estimate Shearer Design (206) 781-7830 Project City of Kent Bridge Load Ratings Date 27-Nov City of Kent Joseph Aracuto Prepared By DRS (253) 856-5664 Principal Sr. Engineer Proj. Engineer Staff Engineer 8589300 Green River Brige Steel Truss 240' Load Rating Main Span Modeling 4 40 16 Analysis 2 40 18 Report Review 4 18 QC 10 Publish 8 Sub Totals 20 106 34 Billing Rates $134.40 $112.80 $99.00 84 $2,688.00 $11,956.80 $3,366.00 Sum totals fully burdened cost $18,010.80 Indirect Cost Mylars 0 $150 -$ Mileage 0 0.56 -$ Expense Total -$ Sub Total Labor A $18,010.80 Expenses B $0.00 Subconsultants 0 Subconsultants C $0.00 Total A+B+C $18,010.80 Shearer Design LLC Personal Services Agreement 21 COMPENSATION Shearer Design LLC.Task Estimate Shearer Design (206) 781-7830 Project City of Kent Bridge Load Ratings Date 27-Nov City of Kent Joseph Aracuto Prepared By DRS (253) 856-5664 Principal Sr. Engineer Proj. Engineer Staff Engineer 0004718A Mill Creek -14 66' slab concrete Load Rating Main Span Modeling 4 8 Analysis 2 12 Report Review 4 8 QC 4 Publish 8 Sub Totals 14 36 0 Billing Rates $134.40 $112.80 $99.00 84 $1,881.60 $4,060.80 $0.00 Sum totals fully burdened cost $5,942.40 Indirect Cost Mylars 0 $150 -$ Mileage 0 0.56 -$ Expense Total -$ Sub Total Labor A $5,942.40 Expenses B $0.00 Subconsultants 0 Subconsultants C $0.00 Total A+B+C $5,942.40 Shearer Design LLC Personal Services Agreement 22 COMPENSATION Shearer Design LLC.Task Estimate Shearer Design (206) 781-7830 Project City of Kent Bridge Load Ratings Date 27-Nov City of Kent Joseph Aracuto Prepared By DRS (253) 856-5664 Principal Sr. Engineer Proj. Engineer Staff Engineer 000000FS Mill Creek -15 30' Conc Culvert Load Rating Main Span Modeling 4 8 Analysis 2 12 Report Review 4 8 QC 4 Publish 8 Sub Totals 14 36 0 Billing Rates $134.40 $112.80 $99.00 84 $1,881.60 $4,060.80 $0.00 Sum totals fully burdened cost $5,942.40 Indirect Cost Mylars 0 $150 -$ Mileage 0 0.56 -$ Expense Total -$ Sub Total Labor A $5,942.40 Expenses B $0.00 Subconsultants 0 Subconsultants C $0.00 Total A+B+C $5,942.40 Shearer Design LLC Personal Services Agreement 23 COMPENSATION Shearer Design LLC.Task Estimate Shearer Design (206) 781-7830 Project City of Kent Bridge Load Ratings Date 27-Nov City of Kent Joseph Aracuto Prepared By DRS (253) 856-5664 Principal Sr. Engineer Proj. Engineer Staff Engineer 8585100 Central Ave Br.250' Steel Multi Beam Load Rating Main Span Modeling 4 39 Analysis 2 32 8 Report Review 4 4 QC 4 Publish 8 Sub Totals 14 83 8 Billing Rates $134.40 $112.80 $99.00 84 $1,881.60 $9,362.40 $792.00 Sum totals fully burdened cost $12,036.00 Indirect Cost Mylars 0 $150 -$ Mileage 0 0.56 -$ Expense Total -$ Sub Total Labor A $12,036.00 Expenses B $0.00 Subconsultants 0 Subconsultants C $0.00 Total A+B+C $12,036.00 Shearer Design LLC Personal Services Agreement 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 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. 25 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. 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: February 12, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 22, 2016 From: Joseph S. Araucto, P.E. – Pavement Manager Engineer Through: Dave Brock, P.E., Public Works Operations Manager Item 6: Consultant Services Agreement with Visual Pavement Rating Services, Inc. Summary: The City of Kent maintains approximately 310 centerline miles (equivalent to nearly 800 lane miles) of streets. With an estimated $250M of deferred maintenance and funding levels that do not meet the annual rehabilitation need, prioritization of projects is a necessity. Assessing current pavement conditions is necessary to help determine project selection and prioritization. A pavement condition survey is also a necessity when competing for any regional grant funds, as it complies with requirements of the Federal Highway Administration. Exhibit: Consultant Services Agreement – Visual Pavement Ratings Services, Inc. Budget Impact: $45K will be charged to an existing Pavement Rating capital fund (which will exhaust the fund). The remaining balance charged to 2016 Business & Occupation tax revenue. Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Visual Pavement Rating Services, Inc., in an amount not to exceed $65,000, for the purpose of performing visual pavement condition surveys for all City of Kent streets, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 27 This page intentionally left blank 28 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Visual Pavement Rating Services, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Visual Pavement Rating Services, Inc. organized under the laws of the State of Washington, located and doing business at 3116 N. Pine Court, Spokane, WA 99205, Phone: (509) 496-7950, Contact: Rebecca McConnaughey (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 collect pavement condition data for the City's streets. 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 June 30, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Five Thousand Dollars ($65,000.00), 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 liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 30 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 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 31 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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. 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: Rebecca McConnaughey Visual Pavement Rating Services, Inc. 3116 N. Pine Court Spokane, WA 99205 (509) 496-7950 (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 Visual Pavement Rating Serv - Visual Pvmt Survey/Araucto 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 37 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 38 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 39 This page intentionally left blank 40 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: February 12, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 22, 2016 From: Joseph S. Araucto, P.E. – Pavement Manager Engineer Through: Dave Brock, P.E., Public Works Operations Manager Item 7: Consultant Services Agreement with Tetra Tech, Inc. for 80th Avenue South Pavement Rehabilitation Summary: In October, 2015, the City Council allocated $1M of Business & Occupation tax revenue to rehabilitate the pavement on 80th Avenue South between South 194th Street and South 192nd Street. The existing zoning and land use of the adjacent properties in the project area is Industrial. High volumes of heavy truck use, accelerate the degradation of asphalt roadways. The existing asphalt roadway will be replaced with concrete. Concrete roadways have a longer life span which supports sustainability. Exhibit: Consultant Services Contract – Tetra Tech, Inc. Budget Impact: Project is funded from 2016 Business & Occupation tax revenue. Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech, Inc., in an amount not to exceed $46,712.28, for the purpose of providing engineering services for the 80th Avenue South pavement rehabilitation project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 41 This page intentionally left blank 42 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Tetra Tech, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of Washington, located and doing business at 400 112th Ave. NE, Suite 400, Bellevue, WA 98004, Phone: (425) 732-5693/Fax: (425) 635-1150, Contact: Steve Olling (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 support to the City for design, plans, specifications, and engineer's estimate for the 80th Ave. S. Pavement Rehabilitation 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 July 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Six Thousand, Seven Hundred Twelve Dollars and twenty eight cents ($46,712.28), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 43 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 liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 44 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 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 45 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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. / / / / / / / / / / / / 46 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. 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: Steve Olling Tetra Tech, Inc. 400 112th Ave. NE, Suite 400 Bellevue, WA 98004 (425) 732-5693 (telephone) (425) 635-1150 (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 Tetra Tech - 80th Pavement Rehab/Araucto 47 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: _________________________________________ 48 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. 49 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: _________________________________________ 50 51 52 53 54 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 55 EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 56 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: February 16, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 22, 2016 From: Mark Madfai, P.E., Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Item 8: Schedule 74 Design Agreement with Puget Sound Energy for the South 228th Street/Union Pacific Railroad Grade Separation Summary: This project will construct a roadway overpass over the top of the Union Pacific Railroad tracks and Interurban Trail. The trailhead is on Puget Sound Energy property. In order to perform the above described work, existing overhead Puget Sound Energy (PSE) lines will need to be relocated underground. The first step in that process is to sign a Schedule 74 Design Agreement with PSE. A Design Agreement will allow PSE to prepare plans to underground its facilities. The agreement authorizes work to begin; costs are not billed to the City, until construction is completed. The City’s estimated portion of the design cost of this work is $36,300. Exhibit: Puget Sound Energy Schedule 74 Design Agreement Budget Impact: No costs are paid at this time. These costs will be rolled into the construction agreement and paid for with state grant funds. Motion: Move to recommend Council authorize the Mayor to sign the Puget Sound Energy Schedule 74 Design Agreement for the South 228th Street/Union Pacific Railroad Grade Separation Project in the amount of $36,300 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 57 This page intentionally left blank 58 59 60 61 62 63 64 65 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: February 16, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 22, 2016 From: Mark Madfai, P.E., Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Item 9: Consultant Agreement with COWI for Structural Engineering Services for the Milwaukee II Levee Project Summary: The Milwaukee II levee is a part of the Horseshoe Bend Levee that spans between 3rd Avenue and the Union Pacific railroad embankment. This area is above the 100 year flood elevation but needs the additional freeboard in order to certify the remainder of the levees downstream of 3rd Avenue. The Flood Control District has allocated funding to Kent for this project to purchase property and construct the levee improvements. A portion of the levee will run along and across the Union Pacific Railroad right of way. The City has an agreement with the railroad to perform the work. This contract will design a levee system only within the railroad right of way. Exhibit: Consultant Agreement with COWI Budget Impact: This project will be paid for from the drainage utility or using funds allocated through the Flood Control District in an agreement allowing this is signed with the District. Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with COWI in an amount not to exceed $75,125 to provide structural engineering services for the Milwaukee II Levee project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 67 This page intentionally left blank 68 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and COWI North America, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and COWI North America, Inc. organized under the laws of the State of Washington, located and doing business at 1191 2nd Ave., Suite 1110, Seattle, WA 98101, Phone: (206) 748-4013, Contact: Claudio Osses (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 prepare an Alternative Analysis Report and final design plans and specifications for the Milwaukee II Levee - S. 259th/UPRR Floodwall. For a description, see the Consultant's Scope of Work which is attached as Exhibits A - C 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, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Five Thousand, One Hundred Twenty Four Dollars and eighty four cents ($75,124.84), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 69 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 liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 70 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 D 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 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 71 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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. / / / / / / / / / / / / 72 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. 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: Claudio Osses COWI North America, Inc. 1191 2nd Ave., Suite 1110 Seattle, WA 98101 (206) 748-4013 (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 COWI - Milwaukee II Levee/Madfai 73 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: _________________________________________ 74 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. 75 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: _________________________________________ 76 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 1 of 11 EXHIBIT A SCOPE OF WORK Milwaukee II Levee - S259th/UPRR Floodwall During the term of this Agreement, COWI, the engineering consultant (Consultant) shall perform professional services for the City of Kent (City). This project is expected to include two phases. Phase 1 is the preparation of an Alternative Analysis Report (AAR). Phase 2 is the preparation of Final Design Plans, Specifications, and Opinion of Cost in connection with the: Milwaukee II Levee S259th/UPRR Floodwall The Consultant shall actively coordinate Floodwall structural and civil engineering aspects of the work for the assignment, identify and resolve issues in a timely manner, and communicate effectively. The Consultant shall be responsible for the performance of scoped services, and shall furnish materials and information to accomplish the work tasks described herein. The Consultant will actively coordinate with GeoEngineers. GeoEngineers has been retained by the City and will be providing geotechnical support for this project. Frequent coordination efforts are expected between the Consultant and GeoEngineers. The Consultant shall actively work with the City to coordinate items such as Union Pacific Railroad (UPRR) requirements, roadway modifications, right of way, surveying, drainage, erosion control, and utilities. The Consultant shall assist the City as requested in coordination efforts with UPRR and other stakeholders. The Consultant and the City agree that the City may use City forces to perform tasks listed in this Scope and that some tasks may not be required and the contract dollar amount will be adjusted accordingly. The City and the Consultant agree that the contract dollar amount will be adjusted if the Consultant is asked to do additional tasks that are not included in this scope of work. This shall only occur if no other work tasks can be reduced or deleted to compensate for this additional work. I. PROJECT DESCRIPTION AND OBJECTIVES The S259th/UPRR Floodwall project, hereinafter referred to as the Project, is an approximately 350ft long floodwall located at the intersection of the UPRR tracks and the South 259th Street in Kent. The floodwall will be built within UPRR right of way. The floodwall alignment is parallel to the UPRR tracks for most of its length, except at its south end where it ties into the existing UPRR embankment. The floodwall will have a stoplog gate at S259th Street. It is anticipated that the UPRR embankment where the floodwall will tie into will be jet grouted. The jet grouting design of the UPRR embankment will be performed by GeoEngineers. Exhibit C describes the proposed floodwall. The objectives of the Project are to: 1. Provide flood protection to the City of Kent, in the area of the Green River at the intersection of S259th Street and the UPRR tracks. 2. Construct a new floodwall and a stoplog gate at S259th Street 3. Jet grout existing UPRR embankment at the south end of the floodwall (by GeoEngineers). 4. Minimize construction impacts to the public and UPRR. 5. Accommodate the future S259th underpass project under existing UPRR bridge and the expansion of the floodwall east of the UPRR tracks. 77 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 2 of 11 Work on the project will be divided into the following two phases: Phase 1 – Alternative Analysis Report. Phase 1 includes the preparation of an Alternative Analysis Report documenting the project purpose, constraints, and floodwall and levee type considered and recommended. The AAR will be submitted to the City for approval. Phase 2 – Final Design. Upon approval of the AAR by the City, the Consultant will proceed with the preparation and assembly of the PS&E package, as defined in the approved AAR and other supporting documents. II. DESIGN CRITERIA All documents prepared under the terms of this AGREEMENT shall be developed in accordance with the latest edition and amendments of the following: City of Kent: 1. Road Standards 2. Standard drawings and sample documents prepared by the City and furnished to the Consultant shall be used as a guide in all applicable cases WSDOT Publications: 1. Standard Specifications for Road, Bridge, and Municipal Construction, English Edition, (M41-10) 2. Standard Plans for Road, Bridge, and Municipal Construction, English edition (M21-01) 3. Design Manual (M22-01) 4. Bridge Design Manual, (M23-50) 5. Plans Preparation Manual (M22-31) 6. Construction Manual (M41-01) 7. Local Agency Guidelines Manual American Association of State Highway and Transportation Officials (AASHTO) Publications: 1. Standard Specifications for Highway Bridges, AASHTO LRFD Bridge Design Specifications, Customary U.S. Units 2. Guide for the Development of Bicycle Facilities, 1999 3. A Policy on Geometric Design of Highways and Streets, 5th Edition, 2004 (‘Green Book’) U.S. Department of Transportation, Federal Highway Administration (FHWA): 1. Manual on Uniform Traffic Control Devices for Streets and Highways USACE and Other Publications: 1. EC (Engineering Circular) 1110-2-6052, Structural Design of Precast and Prestressed Concrete for Offsite Prefabricated Construction of Hydraulic Structures 2. EM (Engineering Manual) 1110-2-2104, Strength Design for Reinforced Concrete Hydraulic Structures 3. EM 1110-2-2105, Design of Hydraulic Steel Structure 4. EM 1110-2-2106, Design of Precast and Prestressed Concrete for Hydraulic Structures 5. EM 1110-2-2503, Design of Sheet Pile Cellular Structures Cofferdams and Retaining Structures, 6. EM 1110-2-2504, Design of Sheet Pile Walls 7. EM 1110-2-2906, Design of Pile Foundations 8. ER (Engineering Regulations) 1110-2-1150, Engineering and Design for Civil Works Projects, 9. ER 1110-2-1806, Earthquake Design and Evaluation for Civil Works Projects 78 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 3 of 11 10. American Concrete Institute (ACI), Building Code Requirements for Reinforced Concrete, ACI 318 11. American Institute of Steel Construction (AISC), Manual of Steel Construction Allowable Stress Design, 9th Edition 12. American Society of Civil Engineers (ASCE), Minimum Design Loads for Buildings and Other Structures, ASCE 7 13. American Welding Society (AWS), Bridge Welding Code, AWS D1.5 14. American Welding Society, Structural Welding Code, AWS D1.1 III. PROJECT SCHEDULE The anticipated project schedule is as shown below: Milestone Date Phase 1 – Alternative Analysis Report Consultant Notice to Proceed March 4, 2016 Submit Draft Alternative Analysis Report to City March 18, 2016 Submit Final Alternative Analysis Report to City April 1, 2016 Phase 2 – Final Design 30% Submittal (*) April 19, 2016 60% Submittal May 17, 2016 100%Submittal (*) June 7, 2016 Bid PS&E document submittal July 15, 2016 (*) Submittal to be reviewed by UPRR The duration of the reviews by the City is one (1) week. The assumed duration of the reviews by UPRR is three (3) weeks. The schedule is dependent on timely reviews by the City and the UPRR. The Consultant shall respond to review comments within one (1) week after receiving the City and the UPRR comments. The project schedule assumed may be subject to adjustment at mutual agreement, whether initiated by the City or Consultant. IV. DATA AND SERVICES TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will provide the following items and services to the Consultant. These will facilitate the studies and preparation of the documents for work within the limits of the Project. The Consultant is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others. These are: 1. Survey, Base Maps, Roadway, Traffic Control, and Erosion Control 2. Utility types, sizes, and locations 3. Drainage/Hydraulic Information 4. Secure rights-of-entry as necessary 5. Geotechnical Design Parameters and all Levee Design V. INTELLECTUAL PROPERTY The documents listed as “Deliverables” in the Detailed Task Description, Section VII of this scope of work, and other exhibits or presentations for the work covered by this AGREEMENT and associated supplements will be furnished by the Consultant to the City upon completion of the various tasks of work. 79 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 4 of 11 Whether the documents are submitted in electronic media or in tangible format, any use of the materials on another project or on extensions of this project beyond the use for which they were intended, or any modification of the materials or conversion of the materials to an alternate system or format will be without liability or legal exposure to Consultant. The City will assume all risks associated with such use, modifications, or conversions. The Consultant may remove from the electronic materials delivered to the City, all references to the Consultant involvement and will retain a tangible copy of the materials delivered to the City which will govern the interpretation of the materials and the information recorded. Electronic files are considered working files only; the Consultant is not required to maintain electronic files beyond 90 days after the project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. VI. ABBREVIATIONS The following abbreviations are referred to throughout this scope of work: AASHTO American Association of State Highway and Transportation Officials ASTM APWA American Society for Testing and Materials American Public Works Association BA Biological Assessment BDM WSDOT Bridge Design Manual BRAC Bridge Replacement Advisory Committee DAHP Department of Archaeology and Historic Preservation Ecology Washington State Department of Ecology ECS Environmental Classification Summary ESA Endangered Species Act FEMA Federal Emergency Management Agency FHWA Federal Highway Administration H&LP Highways and Local Programs HPA Hydraulic Project Approval JARPA Joint Aquatic Resources Permit Application LRFD Load Resistance Factor Design NEPA National Environmental Protection Act NMFS National Marine Fisheries Service NRHP National Register of Historic Places PS&E Plans, specifications, and estimates SEPA State Environmental Protection Act TS&L Type, Size and Location WDFW Washington State Department of Fish and Wildlife WSDOT Washington State Department of Transportation USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service 80 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 5 of 11 VII. DETAILED TASK DESCRIPTION General Assumptions: 1. The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit “B”. These costs are itemized in Exhibit “B” to aid in project tracking purposes only. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. Additional services beyond these limits will be considered Extra Work. 2. The Project duration is anticipated to be as indicated in Section III. The Consultant is responsible for meeting deadlines for their tasks only; Consultant has no control over those portions of the schedule related to the tasks performed by the City or any third party. 3. Subsurface investigation and remedial action associated with hazardous wastes located within the Project limits are not within this scope of services. No hazardous, dangerous, or contaminated soil/ground water is anticipated to be encountered on or within the project limits. Should any of these materials be encountered, addressing the situation will be Extra Work. 4. The analyses, design, plans, specifications, and estimate performed or prepared as part of the Project will be in English units. Metric units will not be used on this Project. 5. The plans will be prepared in accordance with City of Kent Drafting Standards as applied to AutoCAD drawing software. 6. The City has the authority to approve proposed work scope and schedule changes. PHASE 1 – ALTERNATIVE ANALYSIS REPORT Task 1.1 – Management and Coordination: This task includes those services necessary to plan, perform, and control the various elements of the project so that the needs and expectations of the City and other stakeholders will be met. a. Project Management. Provide direction to the design team. Conduct project coordination meetings as required with appropriate task leaders. Monitor the planned versus actual rate of expenditure for each task and take corrective actions if necessary. Collect from each task leader, the percent complete as measured by how much work is left to be accomplished on a task by task basis. Maintain a high exposure to the project team of the issues to be resolved and their potential impacts to the measures of success for the project. b. Communicate Progress. Conduct ongoing, proactive, responsive communications with the City staff involved in the direction and execution of the project. Attend project coordination meeting at the completion of the draft AAR. Prepare and submit monthly invoices with a brief progress report that will include identification of work performed in the previous month’s schedule. If the level of effort needed to complete the project begins to exceed that anticipated level of effort shown in Exhibit B, the Consultant shall notify the City immediately. c. Quality Assurance/Quality Control. The project manager will implement and conduct COWI quality control/quality assurance program throughout the project. d. Coordination Meeting. Review meeting for Draft AAR Assumptions: 1. The Consultant’s project manager and/or project engineer will meet with the City’s project manager/engineer on an as needed basis throughout the project, limited to the estimated level of effort. 2. Internal project team coordination meetings will be held on an as-needed basis during project duration. These meetings will be in addition to the coordination meetings held with the City, but budgeted as part of the specific work tasks. Deliverables: 1. Monthly Invoices and Progress Report (1 copy) 81 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 6 of 11 2. Written Change Authorizations 3. One (1) coordination meeting preparation and attendance Task 1.2 – Site Visit: The Consultant will perform the following: The Consultant will conduct a site visit to review the field locations of the wall location. Assumptions: 1. All locations are accessible by foot. 2. Two people for the site visit. Deliverables: 1. Field notes and photographs. Task 1.3 – Alternative Analysis Report Preparation: The Consultant will perform the following: Prepare an Alternative Analysis Report documenting the project purpose, constraints, and floodwall and levee type alternatives, and recommendations. The report outline will be as follows: · Executive Summary · Project Purpose · Project Constraints · Floodwall vs Levee comparison · Floodwall and Gate type Alternatives · Levee Type Alternative (by GeoEngineers) · Alternative Comparison · Recommended Alternative · Appendices including preliminary design drawings from the City, floodwall design sketches, UPRR Agreement Documentation, and others. The City will provide all the UPRR requirements, roadway, hydraulics, right of way, surveying, erosion control, utility, and drainage information required by the Consultant to complete the AAR. GeoEngineers will provide the levee design information and geotechnical design parameters to the Consultant to incorporate into the AAR. Assumptions: 1. The anticipated floodwall type to be selected is a sheet pile wall. 2. The anticipated Gate at S259th is a stoplog removable type. 3. The anticipated levee type at the UPRR tracks is the exiting UPRR embankment retrofitted to be used as a levee by the use of jet grouting. 4. The AAR level of effort included in Exhibit B is limited to providing enough documentation to justify the use of the anticipated floodwall solution outlined in assumptions 1 to 3 and Exhibit C. If a floodwall solution different from that described in assumptions 1 to 3 and Exhibit C is selected, the level of effort shown in Exhibit B will need to be adjusted. Deliverables: 1. Draft Alternative Analysis Report 2. Final Alternative Analysis Report 82 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 7 of 11 PHASE 2 – FINAL DESIGN Task 2.1 – Management and Coordination: This task includes those services necessary to plan, perform, and control the various elements of the project so that the needs and expectations of the City and other stakeholders will be met. a. Project Management. Provide direction to the design team. Conduct project coordination meetings as required with appropriate task leaders. Monitor the planned versus actual rate of expenditure for each task and take corrective actions if necessary. Collect from each task leader, the percent complete as measured by how much work is left to be accomplished on a task by task basis. Maintain a high exposure to the project team of the issues to be resolved and their potential impacts to the measures of success for the project. b. Communicate Progress. Conduct ongoing, proactive, responsive communications with the City staff involved in the direction and execution of the project. Coordinate the schedule of the reviews to be performed by the City. Prepare and submit monthly invoices with a brief progress report that will include identification of work performed in the previous month’s schedule. If the level of effort needed to complete the project begins to exceed that anticipated level of effort shown in Exhibit B, the Consultant shall notify the City immediately. c. Quality Assurance/Quality Control. The project manager will implement and conduct COWI quality control/quality assurance program throughout the project. Assumptions: 1. The Consultant’s project manager and/or engineer will meet with the City’s project manager/ engineer on as needed basis throughout the project, limited to the estimated level of effort. 2. Internal project team coordination meetings will be held on an as-needed basis during project duration. These meetings will be in addition to the coordination meetings held with the City, but budgeted as part of the specific work tasks. Deliverables: 1. Monthly Invoices and Progress Report (1 copy) 2. Written Change Authorizations Task 2.2 – Structural Design: The Consultant will analyze, design, and prepare plans, details, and specifications for the floodwall in accordance with the project requirements as follows: a. Prepare complete structural calculations for the final design of the floodwall to be depicted on the plans. A registered Structural Engineer in the State of Washington will seal the cover sheet of the structural calculations. The structural calculations shall include, but are not limited to, the following: · Calculations for hydraulic retaining analysis. · Analysis of member strength and stresses for critical stages of construction and criteria based load groups. b. Prepare contract plans for construction of the floodwall. The plans will include the following information for all floodwall components: · Structural layout and vertical wall geometry. · Dimensions and configurations of structural components. · Design notes, general notes, and material notes · Design details, including steel sheet pile, reinforced concrete, or other dependent on wall type. · Utility penetration details. 83 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 8 of 11 · Stoplog gate with the potential future design of an underpass. · Construction Sequence Drawings showing a plan to provide access to the pile driving equipment within UPRR right of way. The Construction Sequence Drawings shall include any grading, temporary shoring or any other temporary work necessary for the installation of the sheet pile walls. Assumptions: 1. Final design of the structures for the Project will be in accordance with the established design criteria. 2. The floodwall type for the Project will be based on the alternative selected in the AAR. 3. The level of effort included in Exhibit B assumes sheet pile floodwall and stoplog gate as shown in Exhibit B. If a different floodwall and stoplog solution is selected, the level of effort shown in Exhibit B will need to be adjusted. 4. The design of a storage building for the Stoplog Gate is not included in this scope. 5. A registered Structural Engineer in the State of Washington will seal the final 100% contract plans, calculations, and special provisions related to the Floodwall design. 6. The following Structural Drawings are expected to be developed for the project: 1. Floodwall Plan and Elevation 2. Floodwall Construction Sequence 3. Floodwall Sections and Details 1 of 2 4. Floodwall Sections and Details 2 of 2 5. Floodwall Sections and Details 3 of 3 6. Floodwall Stoplog Gate Deliverables: 1. Structural Drawings 2. Final Structural Calculations Task 2.3 – Special Provisions for Floodwall: The Consultant will compile the specified general special provisions, amendments, and Special Provisions from the above sections according to the WSDOT/APWA Standard Specifications, English Edition. The Consultant will prepare a Bid Schedule for the floodwall. Special Provisions and bid schedule will be included in the 60 and 100 percent submittals. The Consultant will review the Contract Provisions for the Project prepared by the City and provide comments and revisions as necessary. Assumptions: 1. The Consultant will prepare only special provisions and bid schedule for the floodwall. The City will be responsible for assembling the entire specification package and the project manual. 2. Electronic copy of submittals will be in Microsoft Word or Excel. Deliverables: 1. Special Provisions at 60 percent submittal 2. Special Provisions at 100 percent submittal 3. Bid Items 4. Reviewed and marked up copy of Contract Provisions prepared by the City 5. Bid schedule 84 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 9 of 11 Task 2.4 – Compile Quantities and Prepare Opinion of Probable Cost for the Floodwall: The Consultant will compile the quantities and opinion of probable cost using COWI and WSDOT Unit Bid Prices. The Engineer’s opinion of construction cost for the Project will be submitted to the City at the 60 and 100 percent level-of-completion of the plans and specifications. Assumptions: 1. The construction contract will be based on a unit price bid item amount for the main work elements. 2. Any opinions of cost provided by the Consultant will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures, the Consultant cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. Deliverables: 1. Opinion of Probable Cost, 60 percent Submittal (1 hard copy) 2. Opinion of Probable Cost, 100 percent Submittal (1 electronic and 1 hard copy) Task 2.5 – Drafting services for Civil Drawings: The Consultant will provide drafting services for following Civil Engineering items: · Roadway modification design · Channelization · Surveying information · Utility relocation · Drainage · Levee design · Right of way and right of entry · Erosion Control Assumptions: 1. The Civil Engineering items will be drafted as directed by the City. 2. The City will have a single point of contact person coordinating directly with the Consultant. 3. The City will provide the Civil Engineering information in the form of AutoCAD files, sample details from previous projects, and sketches. 4. The City will check, approve, and seal all the Civil Engineering drawings. 5. The City will provide the information for drafting in a timely manner to meet the project submittal schedule. 6. A kick-off coordination meeting will be conducted between the City and the Consultant prior to starting this task. 7. The following Civil Drawings are expected to be developed for the project: 1. Cover Sheet with Vicinity Map and Sheet Index 2. General Notes, Legend and Typical Roadway Sections 3. Right of Way and Survey Controls 4. Preparation and Temporary Erosion/Sedimentation 5. S259th Street Plan, Profile and Channelization 6. Utility Plan and relocation details 7. Levee Plan and Profile (jet grouting of existing UPRR embankment by GeoEngineers) 8. The level of effort included in Exhibit B assumes the following: 85 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 10 of 11 · No major changes in the Civil Design that may result in drafting re-work. · For each Submittal, a maximum of 2 rounds of City's comments per drawing after the required level of completeness required for the drawing has been achieved. Deliverables: 1. Civil Drawings in AutoCAD and PDF file format Task 2.6 – Coordination Assistance with UPRR and Other Stakeholders: The Consultant shall assist the City as requested in coordination efforts with Union Pacific (UPRR) and other stakeholders. Assumptions: 1. The City will lead the coordination with UPRR and other stakeholders and will engage the Consultant on all the critical items that may affect key aspects of the structural design and construction of the floodwall. Deliverables: 1. Prepare project information related to the plan, elevation, and cross-sections to assist the City as requested 2. Attend one (1) meeting with UPRR and the City Task 2.7 - Compile Project Deliverables: The Consultant will assemble the work from each of the foregoing final design work tasks into 60 and 100 percent design submittals to the City. Interim submittal drawings will be 11” x 17”. The final drawings will be plotted full size (22” x 34”) and stamped by a registered Structural Engineer. Assumptions: The PS&E submittals in Phase 2 will be the following: Deliverables: 30% Submittal · Plans 60 % PS&E Submittal · Plans · Special Provisions · Opinion of probable cost · Incorporate City and other agency comments and/or responses 100 % PS&E Submittal · Plans · Special Provisions · Bid Schedule · Opinion of probable cost · Incorporate City and other agency comments and/or responses · Electronic copy of specified special provisions in Microsoft Word · Electronic copy of engineering plans in AutoCAD format Bid PS&E Documents for Consultant's Scope · Sealed Plans 86 City of Kent DRAFT Scope of Work – Exhibit A EXHIBIT A - Draft COK S259th-UPRR Floodwalll Scope_v5 .docx 11 of 11 · Sealed Special Provisions · Bid Schedule · Opinion of probable cost · Incorporate City and other agency comments and/or responses Task 2.8 – Respond to Review Comments: Following the City’s and UPRR review of the Submittals, the Consultant will coordinate with City representatives to discuss the City’s comments. The plans and special provisions will be modified by the Consultant to address these review comments. A written response will be provided to the City for those comments not incorporated into the design. Assumptions: 1. The City will provide a set of review comments for response by the Consultant. Deliverables: 1. Prepare written responses to City and UPRR Comments Task 2.9 – Assistance during Pre-Bid & Bid Periods: Once the Ad Set of PS&E Submittal to the City has been completed for the construction contract, the Consultant will remain ‘on-call’ until the contract has been awarded to the successful bidder. The types of assistance that the Consultant will provide to the City during the pre-bid and bid periods of the Project may include: · Assisting City in responding to engineering questions from Contractors. · Interpreting and clarifying the bid documents. · Assisting the City in preparing contract addendum. · Assisting the City’s project manager in evaluating the bids. 87 City of Kent COWI DIRECT SALARY COST (DSC): Proj Princip 17 $81.73 $1,389.41 PM 90 $63.56 $5,720.40 Reviewer 8 $81.73 $653.84 Struct. QC 28 $72.65 $2,034.06 Struct. Lead 134 $37.07 $4,967.38 Struct. CAD 124 $34.04 $4,220.96 Civil CAD 166 $37.66 $6,251.56 Project Coord 48 $29.38 $1,410.24 SUBTOTAL - DSC 615 $26,648 Total DSC $26,648 OVERHEAD (OH COST- including Salary Additives): OH Rate x DSC 155.20%x $26,647.85 =$41,357 FIXED FEE (FF) FF Rate x (OH + DSC)10.0%x $68,005.31 =$6,801 TOTAL DSC + OH + FF $74,806 OTHER DIRECT COSTS (ODCs): Mileage 120 miles @ $0.575 per mile $69.00 Other 1 each @ $250.00 per each $250.00 SUBTOTAL - ODCs $319 GRAND TOTAL - ESTIMATED FEE:$75,125 Milwaukee II Levee - S259th/UPRR Floodwall Labor Cost= SUMMARY OF PROJECT COSTS - DRAFT Classification Labor Hours x Direct Rate COK - Floodwall LOE_v8.xlsx, COWI Summary EXHIBIT B 1 88 Milwaukee II Levee - S259th/UPRR Floodwall City of Kent COWI CLASS Proj Princip PM Reviewer Struct. QC Struct. Lead Struct. CAD Civil CAD Project Coord STAFF NAME R Patterson C Osses D Berner L Su A Wong C Jensen K Bunger R Haberkorn DSC $84.18 $65.47 $84.18 $74.82 $38.18 $35.06 $38.79 $30.26 1 1.1 1 4 8 13 $571.01 1.2 4 4 8 $402.52 1.3 1 16 8 4 24 4 8 65 $3,303.99 2 24 8 4 28 4 0 16 86 $4,277.52 2 2.1 2 8 16 26 $1,142.02 2.2 2 16 12 80 120 230 $9,102.56 2.3 1 16 4 21 $1,389.27 2.4 2 6 16 24 $1,156.11 2.5 4 4 8 166 182 $7,129.28 2.6 4 8 12 $835.40 2.7 4 16 20 $724.32 2.8 1 4 1 1 7 $445.69 2.9 1 4 1 1 7 $445.69 15 66 0 24 106 120 166 32 529 $22,370.33 17 90 8 28 134 124 166 48 615 $26,647.85 $26,647.85 $26,647.85 155.20%$41,357.46 10.00%$6,800.53 $319.00 $75,124.84GRAND TOTAL = Labor Cost B&T Subtotal Overhead Cost @ Fixed Fee @ Other Direct Costs DRAFT LABOR DETAIL - CPFF WORK ELEMENT Alternative Analysis Report Preparation Special Provisions for Floodwall Total: Phase 1 - Alternative Analysis Report Management and Coordination Structural Design (6 drawings) TOTAL LABOR HOURS AND COST Assistance during Pre-Bid & Bid Periods Total: Phase 2 - Final Design Compile Quantities and Prepare Opinion of Probable Cost for the Floodwall Drafting services for Civil Drawings (7 drawings, 1 meeting) Coordination Assistance with UPRR and Other Stakeholders (1 meeting) Compile Project Deliverables Respond to Review Comments LABOR HOURS Phase 2 - Final Design Phase 1 - Alternative Analysis Report TOTAL LABOR HOURS DIRECT SALARY COST Management and Coordination (1 meeting) Site Visit COK - Floodwall LOE_v8.xlsx, COWI Labor EXHIBIT B 1 89 90 EXHIBIT D INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City, King County and the King County Flood Control District shall be named as an Additional Insureds under the Contactor’s Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. + 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant’s profession. 91 EXHIBIT D (Continued) B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $2,000,000 per accident. 3. Professional Liability (Errors & Omissions) insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 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: 1. The Contractor’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 Contractor’s insurance and shall not contribute with it. 2. The Contractor’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, King County Flood District and King County shall be named as an additional insureds on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor 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 Contractor’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. 92 EXHIBIT D (Continued) D. Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor 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 Contractor. 93 This page intentionally left blank 94 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: February 18, 2015 To: Chair Dennis Higgins and Public Works Committee Members Meeting Date: February 22, 2016 From: Chad Bieren, P.E., City Engineer Item 10: Information Only/James Street Improvements - Update Summary: A number of construction projects along James Street are scheduled this summer, including a stormwater pump station at the bottom of the hill near Mill Creek, recently awarded a new water main to replace an existing main, landscaping improvements on both sides of the road and an asphalt pavement overlay. Staff will provide an update of the work, a construction schedule, and information to the public to expect traffic inconveniences during construction this summer. Exhibit: None Budget Impact: None INFORMATION ITEM/NO MOTION REQUIRED 95 This page intentionally left blank 96 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: February 18, 2015 To: Chair Dennis Higgins and Public Works Committee Members Meeting Date: February 22, 2016 From: Chad Bieren, P.E., City Engineer Item 11: Information Only/212th Street at Winco Bank Concern Summary: A consultant working on adjacent wetland property recently notified the City that a fork of Garrison Creek had cut a new stream path and may be impacting South 212th Street. City staff responded later that day and determined that a right turn lane serving the Winco grocery store could be affected so we closed the lane. We are evaluating potential repairs and are working to determine appropriate measures to repair the impacted roadway slope and reopen the lane. We will return to the Committee once we have more information. Exhibit: None Budget Impact: None INFORMATION ITEM/NO MOTION REQUIRED 97 This page intentionally left blank 98 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: February 18, 2015 To: Chair Dennis Higgins and Public Works Committee Members Meeting Date: February 22, 2016 From: Chad Bieren, P.E., City Engineer Item 12: Information Only/Quiet Zone Update Summary: Staff will provide an update on progress to date. Exhibit: None Budget Impact: None INFORMATION ITEM/NO MOTION REQUIRED 99