HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 02/22/2016 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana 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
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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
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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:
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Public Works Committee Minutes
February 1, 2016
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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
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: 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.
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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:
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's 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
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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
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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.
/ /
/ /
/ /
/ /
/ /
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
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
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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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
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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.
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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.
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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:
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's 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
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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
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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.
/ /
/ /
/ /
/ /
/ /
/ /
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
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.
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EXHIBIT 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.
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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.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: 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.
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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:
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CONSULTANT SERVICES AGREEMENT - 2
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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
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CONSULTANT SERVICES AGREEMENT - 3
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INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was 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
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CONSULTANT SERVICES AGREEMENT - 4
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writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
/ /
/ /
/ /
/ /
/ /
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CONSULTANT SERVICES AGREEMENT - 5
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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
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EXHIBIT A
SCOPE OF WORK
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.
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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
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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.
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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
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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)
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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