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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/21/2016 (2)Public Works Committee Agenda Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month. 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. March 21, 2016 4:00 p.m. Item Description Action Speaker Time Page 1. Call to Order -- Chair Higgins 01 -- 2. Roll Call -- Chair Higgins 01 -- 3. Changes to the Agenda -- Chair Higgins 01 -- 4. Approval of March 7, 2016 Meeting Minutes YES None 03 03 5. Consultant Agreement with Shearer Design, LLC – Bridge Analyses YES Joseph Araucto 05 07 6. Consultant Agreement with Tierra Right of Way – South 228th Union Pacific Railroad Grade Separation Project YES Mark Madfai 05 27 7. Construction Agreement with PSE for 228th Street Grade Separation Project - Transmission Relocation YES Mark Madfai 05 45 8. Interlocal Agreement with King County Flood Control Zone District YES Mark Madfai 10 55 9. Information Only/FAST & TIGER Grant Application NO Lacey Jane Wolfe 10 65 10. Information Only/Kent Water Supply & Treatment NO Sean Bauer Kevin Swinford 15 67 11. Information Only/Traffic Control Signal Box NO Kelly Peterson 05 69 12. Information Only/Quiet Zone Update NO Chad Bieren 05 71 1 This page intentionally left blank 2 Special Public Works Committee Minutes March 7, 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: Pacific Gateway was added to the agenda as information only item.to the agenda Item 4 – Approval of Meeting Minutes Dated February 22, 2016: Council member Fincher MOVED to approve the minutes of February 22, 2016. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5 – Bid Award Recommendation for 2016 Asphalt Overlay: Joseph Araucto, Pavement Management Engineer, noted that the city received and opened four very favorable bids for the 2016 Asphalt Overlay contract, all of which were under the engineer’s estimate. The project included streets previously approved by the Council on 10/20/2015, in anticipation of low asphalt prices staff included additional locations for pavement overlay. With the favorable bids staff recommended including the following streets:  All streets in the Mountain View Place neighborhood (aka. Hycroft)  South 236 Street between Lakeside Boulevard East and 64th Avenue South Committee member Ralph MOVED to recommend award of the 2016 Asphalt Overlay contract to the lowest responsive bid and responsible bidder, ICON Materials, in the amount of $3,489,528.50 including the overlay of the Mountain View Place neighborhood (aka Hycroft) and South 236th Street between Lakeside Blvd East and 64th Avenue South. The motion was SECONDED by Committee member Fincher and PASSED 3 - 0. Item 6 – Grandview Water Easement with Highline Water District: Chad Bieren, City Engineer noted that as part of the Grandview Apartments project, water service from Highline Water District needs to be connected to an existing water main in Riverview Boulevard. A section of water line needs to traverse city owned property near the Riverview Boulevard Bridge. Committee member Fincher MOVED to recommend Council authorize the Mayor to execute all necessary documents to grant a water easement with Highline Water District on City property to serve the Grandview Apartments, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3 - 0. 3 Special Public Works Committee Minutes March 7, 2016 2 Item 7 – Information Only/Recycling Event March 2016: Gina Hungerford, Recycling Coordinator gave a brief update on the upcoming March 12, 2016 recycling event. The annual Spring Recycling Event will be held March 12, from 9:00 am - 3:00 pm, at Hogan Park on Russell Road. Residents are invited to bring items not easily recycled at the curb including appliances, tires, bulky yard debris & Styrofoam at no charge. NW Center will be on site to collect reusable household goods. Hungerford handed out the flyers that went out in the mail this week. Hungerford noted that a list of what to bring could be found at www.KentRecycles.com. Composter and Worm Bin Sale: Will be available for $25.00 each, while supplies last. Both events are funded by the Dept. of Ecology Coordinated Prevention Grant, the King County Waste Reduction and Recycling Grant, and the Local Hazardous Waste Management Program Grant. Hungerford reminded everyone to not forget that the week of April 4 - 15 (on your normal yard waste collection day) is Spring Curbside Cleanup Week: Residents can place additional garbage and yard waste at the curb. A flyer with details will be sent in mid-March and will also be available at www.KentRecycles.com. INFORMATION ONLY/NO MOTION REQUIRED Item 8 – Information Only/Puget Sound Regional Council Federal Highway Funding 2016 Project Selection: Lacey Jane Wolfe, Senior Transportation Planner highlighted grant opportunities that are available for transportation projects. Wolfe went over a number of projects and available funding source. Wolfe noted that staff has evaluated the 2016 grant opportunities with respect to City priorities and recommended Kent submit a preservation project grant in the countywide process on East Valley Highway. Committee affirmed that matching funds for this grant application could come from Business and Occupation tax receipts. Additionally, staff recommended the City apply for Washington State Department of Transportation grant funds for both the Pedestrian and Bicycle Program and the Safe Routes to School Program. The Pedestrian Bicycle Program project would be located on Meeker Street. Staff noted funds could come from council set aside money for downtown place making, the “Meet Me on Meeker proposal.” The Safe Walking Routes to School project would come from school zone radar speed enforcement camera revenue. Staff recommended and committee concurred to move forward with the request. INFORMATION ONLY/NO MOTION REQUIRED Item 9 – Information Only/Quiet Zone Update: Chad Bieren, City Engineer stated that there are a number of construction projects along James Street scheduled for 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 4 Special Public Works Committee Minutes March 7, 2016 3 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. INFORMATION ONLY/NO MOTION REQUIRED ITEM 10 – ADDED ITEM Gateway Projects: Kelly Peterson, Special Project/Transportation Manager gave a brief update on the Gateway Projects, noting the connection of SR 509 with Veterans Drive. Peterson also noted that he attended meetings about the SR 167 project, in Pierce County. Kent is the only local jurisdiction involved with both projects. Peterson stated that funding for both projects come from the same budget therefore, it is important that Kent stay involved. The meeting was adjourned at 4:59 p.m. Cheryl Viseth Council Committee Recorder 5 This page intentionally left blank 6 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 8, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 21, 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 Summary: The Federal Highway Administration (FHWA) recently required agencies who own bridges listed in the National Bridge Inventory (NBI) to have structural analyses of the bridges performed for 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 bridge, Col Joe M Jackson bridge, has already been rated using the new requirements and is already compliant, leaving 17 bridges needing to comply. The compliance schedule provided by the FHWA allows the City to group its bridges into 2 groups based on bridge span length and previous rating information. 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). This Agreement with Shearer Design, LLC will provide the specialized structural engineering expertise to perform the bridge rating for the following Group 1 bridges: Meeker Street bridge, Central Ave bridge (co-owned with King County) Mill Creek Slab bridge, Mill Creek Arch bridge, as well as the North and South Frager Road bridges. Staff is working on de-listing both Frager Road bridges from the NBI. If successful, the Consultant will be directed not to rate these bridges. Exhibit: Consultant Services Agreement Budget Impact: Proposed funding is from 2016 Business & Occupation tax revenue. Motion: Authorize the Mayor to sign a Consultant Services Agreement with Shearer Design, LLC, in the amount of $54,016.4, for the purpose of performing structural analysis work for up to six city owned bridges, upon concurrence of the language therein by the City Attorney and Public Works Director. 7 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: 8 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 9 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 10 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. / / / / / / / / / / / / 11 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 12 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: _________________________________________ 13 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. 14 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: _________________________________________ 15 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 16 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 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 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 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 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 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 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 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 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 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 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 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 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 23 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. 24 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. 25 This page intentionally left blank 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: March 14, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 21, 2016 From: Mark Madfai, P.E., Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Item 6: Consultant Services Agreement with Tierra Right of Way for Property Negotiation Services for the S. 228th Street Union Pacific Grade Separation Project Summary: The South 228th Street Grade Separation project will construct an overpass over the Union Pacific rail lines to eliminate the at-grade crossing and the conflict between vehicles and trains. The bridge will also span the Interurban Trail located within PSE right of way. This project is the third and final phase of the South 228th Street corridor, connecting the valley with I-5 and the future SR 509 freeway. In order to construct the project the City will need to acquire property rights from adjacent owners to install utilities and pay damages for modified access to certain properties. Under this agreement the Consultant will help the City negotiate with property owners for these rights based on appraisals performed by professional appraisers. Exhibit: Consultant Services Agreement with Tierra Right of Way Budget Impact: This will paid for using the State funds awarded through the “Connecting Washington” transportation fund package. Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Tierra Right of Way in an amount not to exceed $71,200.00 to provide Property Negotiation Services for the South 228th Street Union Pacific Railroad Grade Separation project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 27 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Tierra Right of Way Services, Ltd. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tierra Right of Way Services, Ltd. organized under the laws of the State of Arizona, located and doing business at 1575 East River Road, Suite 201, Tucson, AZ 85718, Phone: (520) 319-2106/Fax: (520) 323-3326, Contact: Mack Dickerson (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 right of way acquisition services for the S. 228th St. UPRR Grade Separation 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy One Thousand, Two Hundred Dollars ($71,200.00), 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: 28 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 29 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 30 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. / / / / / / / / / / / / 31 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: Mack Dickerson Tierra Right of Way Services, Ltd. 1575 East River Rd., Suite 201 Tucson, AZ 85718 (520) 319-2106 (telephone) (520) 323-3326 (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 Tierra Right of Way - 228th UPRR/Willms-Dixon 32 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: _________________________________________ 33 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. 34 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: _________________________________________ 35 36 37 38 39 40 41 42 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 43 EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 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. 44 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 15, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 21, 2016 From: Mark Madfai, P.E., Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Item 7: Facility Relocation/Modification Agreement with Puget Sound Energy for the relocation of transmission facilities for the 228th Street Union Pacific Grade Separation Project Summary: The South 228th Street Grade Separation project will construct an overpass over the Union Pacific rail lines to eliminate the at-grade crossing and the conflict between vehicles and trains. The bridge will also span the Interurban Trail located within PSE right of way. This project is the third and final phase of the South 228th Street corridor, connecting the valley with I-5 and the future SR 509 freeway. Under this agreement Puget Sound Energy will complete the relocation/raising of its overhead transmission system to accommodate the new bridge. Exhibit: Facility Relocation/Modification Agreement with Puget Sound Energy Budget Impact: This will paid for using the State funds awarded through the “Connecting Washington” transportation package. Motion: Move to recommend Council authorize the Mayor to sign a Facility Relocation/Modification Agreement with Puget Sound Energy in an amount not to exceed $1,579,286.00 to raise their transmission facilities for the 228th Street Union Pacific Grade Separation project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 45 Puget Sound Energy * 6522 Kitsap Way * Bremerton, WA 98312 * 360-475-7020 FACILITY RELOCATION/MODIFICATION AGREEMENT This Agreement, dated as of March 15, 2016, is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation ("PSE"), and the City of Kent ("Government Entity"). PSE and the Government Entity are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A. PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of electricity ("Facilities") that are located on or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating Rights are more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Government Entity plans to construct improvements to the White River – O’Brien #1 115kV transmission line, the O’Brien – Christopher #2 115kV transmission line, and the Christopher – O’Brien #4 230kV transmission line ("Improvements"). Scope: Increasing the height of two 115kV transmission lines, as well as one double-circuit 230kV transmission line to accommodate the grade separation over the Union Pacific Railroad tracks on south 228th Street in Kent, WA.   C. In connection with the Improvements, the Government Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities (the "Relocation Work"), all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Commission (the "WUTC"). D. The Government Entity has provided to PSE a written plan for the Improvements (the "Improvement Plan") which includes, among other things, (a) plans and specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the Relocation Work, including reasonably detailed drawings showing the planned Improvements, (b) a list of the key milestone dates for the Improvements, (c) inclusion in any required permits and (d) information concerning possible conflicts between PSE's Facilities and other utilities or facilities. The Parties, therefore, agree as follows: AGREEMENT Section 1. Relocation Work 1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to this Agreement. 46 1.2 Performance of Relocation Work. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable efforts to perform the Relocation Work. PSE shall perform the Relocation Work in accordance with the schedule provided in Exhibit B (the "Relocation Schedule") with reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Relocation Work. PSE shall have no liability to the Government Entity or any third party, nor shall the Government Entity be relieved or released from its obligations hereunder, in the event of any delay in the performance of the Relocation Work due to any (a) repair, maintenance, improvement, renewal or replacement work on PSE's utility systems, which work is necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE which are necessary or consistent with prudent utility practices to protect the performance, integrity, reliability or stability of PSE's utility systems or any systems to which such systems are connected. 1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including the Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation Work; (b) delays in PSE’s performance of the Relocation Work caused by the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation Work. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation Schedule and/or the Relocation Cost Estimate. 1.4 Performance by Government Entity. In the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the Government Entity to perform such obligations; provided, that if the Parties cannot reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written notice to the Government Entity, and the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed with Construction Work. At least 10 days prior to the date specified in the Relocation Schedule for commencement of construction for the Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to proceed with such construction work, or (b) terminate this Agreement by written notice to PSE. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. 47 Section 2. Operating Rights Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible for any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work ("New Operating Rights"). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE, all as determined by PSE in its sole discretion. The New Operating Rights shall be provided with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to commence the Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities as located upon or relative to the Existing Operating Rights, unless and until PSE is in possession of the New Operating Rights. Section 3. Permits The Government Entity shall be solely responsible for any costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given, made, done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits"). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and any costs associated with any mitigation required by the Permits. Section 4. Materials and Ownership Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary materials, equipment and labor required to perform the Relocation Work. All materials, information, property and other items provided for, used or incorporated into the Relocation Work (including but not limited to the Facilities) shall be and remain the property of PSE. Section 5. Relocation Costs 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation Work (the "Relocation Cost Estimate") is $1,579,286.00. The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work. 5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work, and in the event PSE determines that such costs are likely to exceed the Relocation Cost Estimate by more than twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be 48 obligated to continue with performance of any Relocation Work unless and until PSE receives the Government Entity’s written acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed with the Relocation Work. In the event PSE does not receive such acceptance and notice from the Government Entity within ten (10) working days from the date of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. 5.3 Relocation Costs. The Government Entity shall be responsible for, and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance the Relocation Work (the "Relocation Costs"). For purposes of this Agreement, the Relocation Costs shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation Work, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the Relocation Work, PSE shall provide the Government Entity with a statement and invoice of the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period after receipt of any written request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice. 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement, the Government Entity shall promptly pay PSE, the following: (a) all costs and expenses incurred by PSE in connection with the Relocation Work (including, without limitation, all Relocation Costs incurred through the date of termination and such additional costs as PSE may incur in connection with its suspension or curtailment of the Relocation Work and the orderly termination of the Relocation Work); and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. 5.6 Payment. The Government Entity shall, within thirty (30) days after the receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the full amount of the invoice. Section 6. Indemnification 6.1 Indemnification. The Government Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. PSE releases and shall defend, indemnify and hold harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement. During the performance of such activities employees or contractors of each 49 Party shall at all times remain employees or contractors, respectively, that Party and shall not be, or be construed to be, employees or contractors, respectively, of the other Party. 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party under this Section 6, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Section 7. Disclaimers and Limitation of Liability 7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or implied, with respect to the Relocation Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty, tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Relocation Work or this Agreement. Section 8. Miscellaneous 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. 8.2 Survival. Sections 2 and 4 through 8 shall survive any termination of this Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and following termination of this Agreement neither Party shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect. 8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance; rather, the same shall be and remain in full force and effect. 8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby. 8.5 Force Majeure. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable 50 control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a force Majeure Event, in connection with the Relocation Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person to an authorized representative or mailed, properly addressed and stamped with the required postage, to the intended recipient at the address and to the attention of the person specified below the Parties' respective signatures on this Agreement. Either Party may from time to time change such address by giving the other Party notice of such change in accordance with this section. 8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. In witness whereof, the Parties have executed this Agreement as of the date set forth above. PSE: Government Entity: Puget Sound Energy, Inc. Kitsap County Public Works By By Its Its Address: Address: Attn: Attn: 51 EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS  The west line, Obrien-White River No. 2, 115kV and the Christopher-Obrien No. 2 230kV line is within PSE fee owned property. o Olympic Pipeline also has an easement on PSE fee own property so PSE needs to determine if any of the work to be performed will conflict with the pipeline system.  The east line, Obrien-Christopher No. 2, 115kV is within the Union Pacific right-of-way and PSE has a permit on their property. o The permit calls for a one-time $4,000 license fee for new crossing or altering the existing line that is to be paid by the City. 52 EXHIBIT B RELOCATION WORK     This is the project scope:    Cost Estimate:       53 Location: South 228th Street, Kent, WA.  Scope: Raise a total of seven (7) wood 115kV transmission poles and two (2) steel 230 kV transmission towers  to accommodate the City of Kent in the grade separation on South 228th Street over the Union Pacific Railroad  tracks. This price includes all costs associated with construction of this project.       54 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 17, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 21, 2016 From: Mark Madfai, P.E., Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Item 8: Interlocal Agreement between the City of Kent and the King County Flood Control District for the Milwaukee II Levee Project Summary: The Milwaukee II levee is a part of the Horseshoe Bend Levee that spans between 3rd Avenue South and the Union Pacific railroad embankment. This area is above the 100 year flood elevation but needs additional freeboard in order to accredit this levee and the levees downstream along the right bank of the Green River. The Flood Control District has allocated funding to Kent for this project to purchase property and construct the levee improvements. This Interlocal Agreement (ILA) will allow the City to proceed with an Alternatives Analysis and acquire property for the levee project. A future ILA will be required to design and construct levee improvements. Exhibit: Draft Interlocal Agreement Budget Impact: The City will be reimbursed by the Flood Control District in accordance with the ILA. Motion: Move to recommend Council authorize the Mayor to sign an Interlocal Agreement with the King County Flood Control District for the Milwaukee II Levee project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 55 482198.2 | 361395 | 0001 -1- AGREEMENT REGARDING ALTERNATIVES AND PROPERTY ACQUISITION Milwaukee II Levee Improvement Project River Mile 24.04 to 24.25, Right Bank THIS AGREEMENT REGARDING ALTERNATIVES AND PROPERTY ACQUISITION (“Agreement”) relating to the Milwaukee II Levee, River Mile 24.04 to 24.25, Right Bank, is entered into on the last date signed below by and between the CITY OF KENT, a Washington municipal corporation (“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington (“District”) (collectively, the "Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks, as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River levee system. B. The Milwaukee II Levee (“Levee”) is a key part of the Green River levee system. The District desires to improve the Levee to provide improved flood protection and scour protection, to enable certification and secure necessary land rights (the Levee improvement will hereafter be referred to as the “Project”). The area of the Project is the right bank of the Green River from River Mile 24.04 to 24.25. C. The District has included the Project in its CIP and budget, in a total amount of $8,500,000. The City has agreed to construct the Project, in order to provide for the safety of residents and businesses that are protected by the Levee. The Parties desire to construct the Project as soon as possible, with a goal of construction in 2017. D. The preliminary plan for the Project is to increase the height of the Levee to achieve the Lower Green River System-Wide Improvement Framework’s provisional flood protection goal of 500-year or 18,800 cfs, plus three feet of freeboard. Before determining the final plan for the Project, the Parties desire to prepare an analysis and study of design and construction alternatives for the Project, and select a preferred alternative for recommendation to the District. The Parties further intend that after the District selects a design for the Project, the Parties will negotiate and enter into an Agreement regarding design and construction of the Project. E. By Resolution FCD 2015-07, adopted on July 13, 2015, the District determined that the flood control improvements included in the Resolution generally contribute to the 56 482198.2 | 361395 | 0001 -2- objectives of the District’s comprehensive plan of development. In that Resolution, th e District also approved funding for the Project. AGREEMENT The Parties agree as follows: 1. Incorporation of Recitals—Scope of Agreement. a. All recitals above are hereby incorporated in and ratified as part of this Agreement. b. This Agreement establishes the terms and conditions for preparation of an analysis and study of design and construction alternatives for the Project, selection of a preferred alternative, selection of a final design, and the acquisition of property interests in order to expedite design and construction of the Project . 2. Preparation of Study of Alternatives--Selection of Preferred Alternative. The Parties, with the assistance of a consultant selected jointly by the Parties and hired by the City, shall prepare an analysis and study of at least two but perhaps three design and construction alternatives (“Alternatives”) for the Project (“Study”). The Study shall include, but not be limited to, a comparison of the cost, benefits and impacts of an earthen levee versus a floodwall divided into segments. The Study shall include criteria for determining the ability of each Alternative to improve flood protection, enable certification and address toe/scour protection. The Study also shall include a conceptual level cost estimate (1) to relocate South 259th Street landward from the riverbank, and (2) to install salmon habitat structures and features in the Project. Finally, the Study shall include a schedule for selecting an Alternative, acquiring necessary property interests, and designing and constructing the Project. Upon completion of the Study, the Parties shall rank the Alternatives using the criteria, and recommend a preferred Alternative to the District. The District shall select the Alternative that will be used in the design of the Project. The City shall not commence design of the Project until the District has selected a design and has authorized the City to proceed with design. 3. District Review of Alternative Analysis. The City shall provide to the District a Draft Study. The City shall not proceed with the Final Study until the District has provided comments and approval of the Draft. 4. Acquisition of Property Interests. The City is authorized to acquire property interests that are necessary for the Project under the preliminary plan for the Project. These property interests are set forth on Exhibit A, attached hereto and incorporated herein. During negotiations to acquire property interests, the City shall present to the property owners the form 57 482198.2 | 361395 | 0001 -3- of the documents described below and shall comply with the laws and regulations described below: a. The property interests acquired shall provide for ownership, construction, installation, operation, maintenance, repair, replacement and removal of the Project. If the property interest is an easement, the City shall use either (1) the form of the standard River Protection Easement in Reference 8P to the King County Surface Water Design Manual, or (2) a different form of River Protection Easement approved by the District. If the property interest is other than an easement, the City shall use a form of property interest document approved by the District. b. The City shall comply with all applicable state and federal laws and regulations, including but not limited to: 1. Washington State Department of Transportation Right of Way Manual (M26.01.06). 2. Title 23, Code of Federal Regulations (CFR). 3. RCW 8.04 and 8.25 Eminent Domain. 4. RCW 8.26; WAC 365-24 Property Acquisition Policies and Regulations. 5. RCW18.140 and WAC 308-125 Real Estate Appraisers. 5. The Parties acknowledge and understand that as of the effective date of this Agreement, all of the estimated cost of the planning, design, property acquisition and construction for this Levee Project is included in the District’s Revised 2015 and 2016 CIP. The District reserves the right to terminate this Agreement, and the City shall immediately terminate work upon receipt of notice to terminate; provided, that until substantial completion of the Project, the District shall continue to accept and review City requests for reimbursement up to the amount of funds appropriated in an approved District budget or this Agreement. 6. The City’s cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures, requirements and restrictions of the Reimbursement of City Expenditures paragraph below. 7. Contracts for Levee Work. Upon execution of a contract for construction of the Levee Project, the City shall send a copy of the contract to the District. 8. District Costs and Expenses. The City’s reimbursements for the work described in this ILA shall not exceed $3,650,000 without prior written approval from the District. 9. Reimbursement of City Expenditures. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after the Effective Date of this Agreement for property interest or easement acquisition, for restrictive covenant implementation, 58 482198.2 | 361395 | 0001 -4- and for Project planning and Alternative Analysis; provided that the City may not submit, and the District shall not consider, such reimbursement requests for property interest or easement acquisition or restrictive covenant implementation until the City has obtained and conveyed to the District the property interest documents required by Section 4 above, or the applicable restrictive covenants. The requests shall be in a form and shall contain information and data as required by the District. In connection with submittal of requests for reimbursement, the District may require the City to provide a status or progress report concerning submittal, preparation or completion of any document or work required by this Agreement. b. The District shall review the requests to confirm that they are reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty days of receipt of a request in order to determine whether they are reimbursable and payable under this Agreement. The District shall forward the approved reimbursement to the City within forty-five days of the City’s request. c. The District may postpone review of a City request for reimbursement where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty days of receipt of the request. The City shall provide all additional information or data within thirty days of the District’s request for such additional information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 15 below. After resolution of the dispute, the District shall provide reimbursement as provided in this paragraph 9. d. The District may postpone payment of any request for reimbursement, up to a maximum of five percent (5%) of the request, where the City is delinquent in submittal, preparation or completion of any document or work required by this Agreement 10. Duration—Effective Date. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect until the District selects a preferred Alternative or the Parties execute a design and construction Agreement, whichever occurs first. 11. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW, or as otherwise granted or provided for by law. 12. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to this Agreement to be placed upon the real property interests of King County or the District. If such lien or encumbrance is so placed, 59 482198.2 | 361395 | 0001 -5- King County or the District shall have the right to remove such lien and charge back the costs of such removal to the City. 13. Indemnification. To the maximum extent permitted by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the Project, the Study or this Agreement. As to all other obligations under this Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party’s obligation hereunder applies only to the extent of the negligence of such Party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party’s immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor’s employees . This waiver has been mutually negotiated. 14. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising under this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 15. Dispute Resolution. The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in paragraph 9 above, submittal of all relevant information and data to an independent Certified Public Accountant or a Construction Claims Consultant, if agreed upon by the Parties, for a non- binding opinion as to the responsibility. 60 482198.2 | 361395 | 0001 -6- b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County, Washington. c. Each Party will be responsible for its own costs and attorney’s fees in connection with the dispute resolution provisions of this paragraph 15. 16. Entire Agreement; Amendment. This Agreement, together with Exhibit A, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of Exhibit A, this Agreement shall control. 17. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 18. Notices, Communications and Documents. Unless applicable law requires a different method of giving notice, any and all notices, demands or other communications required or desired to be given hereunder by either Party (collectively, "notices") shall be in writing and shall be validly given or made to the other Party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States Mail, certified, registered, or express mail with postage prepaid, or if sent by electronic mail. If such notice is personally delivered, it shall be conclusively deemed given at the time of such delivery. If such notice is delivered by Federal Express or other overnight delivery service of recognized standing, it shall be deemed given one business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three business days after the deposit thereof in the United States Mail. If such notice is sent by electronic mail, it shall be deemed given at the time of the sender's transmission of the electronic mail communication, unless the sender receives a response that the electronic mail message was undeliverable. Each such notice shall be deemed given only if properly addressed to the Party to whom such notice is to be given as follows: To City: Tim LaPorte, Public Works Director 220 Fourth Avenue South Kent, WA 98032 Phone: (253)856-5500 Email: tlaporte@KentWA.gov 61 482198.2 | 361395 | 0001 -7- To District: Kjristine Lund, Executive Director 516 Third Avenue, Room 1200, W-1201 Seattle, WA 98104 Phone: (206) 477-2985 Email: Kjris.Lund@kingcounty.gov Any Party may change its address for the purpose of receiving notices as herein provided by a written notice given in the manner aforesaid to the other Party. 19. Authority. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: By: Suzette Cooke Reagan Dunn Its: Mayor Its: Board Chair DATE:__________________________ DATE:_________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Assistant City Attorney Legal Counsel 62 T.L. 000660-0083 HEAVY EQUIPMENT VENTURES INC. T.L. 000660-0102 ALLAN FAMILY LLC. T.L. 000660-0028 PUGET SOUND ENERGY/ELEC T.L. 000660-0029 UNION PACIFIC RAILROAD T.L. 000660-0082 AMRIK COMMERCIAL RENTALS LLC T.L. 000660-0102 ALLAN FAMILY LLC. PARTIAL TAKE T.L. 000660-0017 V&S PROPERTIES AND INVESTMENT IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. G:\Design\09-3005 MILWAUKEE LEVEE\DWG\FIGURA FOR ILA2.dwg, 3/17/2016 1:53:28 PM 63 Exhibit A Page 2 V&S Properties and Investment Tax Parcel Number: 000660-0017 Parcel A: Beginning at a point on the east line of the Cavanaugh Tract and the south line of county road which is 810.48 feet, more or less, east and 2,914.56 feet, more or less, south of the northwest corner of Samuel W. Russell Donation Claim Number 41, Section 24, Township 22 North, Range 4 East, W.M., in King County, Washington; Thence south to the White River; Thence westerly along the north bank of the White River to the easterly line of Chicago Milwaukee St. Paul and Pacific Railroad; Thence northerly along said easterly line to the southerly line of said county road; Thence easterly along said road line to point of beginning. Parcel B: Beginning 810.48 feet east and 2,914.56 feet south of the northwest corner of Samuel W. Russell Donation Claim Number 41, Section 24, Township 22 North, Range 4 East, W.M., in King County, Washington; Thence south 82.5 feet, more or less, to White River; Thence northeasterly along river, 198 feet to the south line of county road; Thence westerly to the Point of Beginning. Amrik Commercial Rentals LLC Tax Parcel Number: 000660-0082 That portion of the S.W. Russell Donation Land Claim No. 41, in King County, Washington, described as follows: Commencing at the southeast corner of Waterman’s Acre Tracts to the Town of Kent, according to the Plat recorded in Volume 12 of plats, page 11, in King County, Washington; Thence south 88°02’30” west along the south line of said Plat 713.08 feet to the southerly production of the west line of South Third Avenue, as conveyed to the City of Kent by Deed Dated July 11, 1955, and recorded under Recording Number 4599830; Thence south 1°55’37” East along said west line, and said west line produced, 1179.70 feet to an angle point in the southerly line of that Tract of land conveyed to C.L. Knudsen, W.H. Meadowcroft and Fred E. Meadowcroft by Deed dated January 27, 1956, and recorded under Recording Number 4659959 and the True Point of Beginning; Thence south 88°02’30” west to the east line of the Tract of land conveyed to James A. Cavanaugh by Deed dated December 8, 1885, and recorded under Recording Number 8870; Thence south 1°58’00” east along said east line 283.80 feet, more or less, to the north line of a County Road, being a lso the south boundary of a tract of land conveyed to Ralph E. Leber and La Vern June Leber his wife, by Deed dated February 4, 1955, and recorded under Recording Number 4543722; Thence in an easterly direction along the north line of said County Road south 89°17’00” east 242.10 feet, north 78°06’00” east 239.10 feet north and 87°14’00” east 330.61 feet, more or less, to said southerly production of the west line of said south Third Avenue; Thence north 1°55’37” west along said produced west line 249.16 feet, more or less, to the True Point of Beginning. 64 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: March 21, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 21, 2016 From: Lacey Jane Wolfe, Senior Transportation Planner Through: Chad Bieren, P.E., City Engineer Item 9: Information Only/FAST & TIGER Grant Update Summary: At the request of the Chair, staff will present further review of the Transportation Investment Generating Economic Recovery (TIGER) and the Nationally Significant Freight and Highway Projects (FASTLANE) programs. Both TIGER and FMSIB provide federal Department of Transportation grant funding for large transportation projects. Applications for both opportunities are due in April. Staff has assessed these opportunities the South 212th Street Grade Separation project. Exhibits: None Budget Impact: N/A No Motion Required/Information Only 65 This page intentionally left blank 66 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 14, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 21, 2016 From: Sean Bauer, Water Superintendent Through: Dave Brock, P.E., Public Works Operations Manager Item 10: Information Only/Water System Update Summary: Staff will provide Committee Members with an update on the Flint, Michigan lead issue as well as information on how Kent’s water system stays in compliance with the federal Lead & Copper Rule. Exhibit: n/a Budget Impact: Information only, no budget impact. INFORMATION ONLY/NO MOTION REQUIRED 67 This page intentionally left blank 68 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: March 17, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 21, 2016 From: Kelly Peterson, AICP – Special Projects / Transportation Engineering Mgr. Through: Chad Bieren, PE – City Engineer Item 11: Traffic Signal System – Lightning Damage Summary: Between February 28th and March 2nd of this year, lightning storms moved through the Kent area and damaged some signal controllers. This caused 9 intersections to go into flash mode. These inter sections were located at:  108th Av SE & SE 240th St  58th Pl S & S 200th St  58th Av S & S 228th St  Military Rd S & Veterans Drive  West Valley & S 190th St  West Valley Hwy & Todd Blvd  72nd Av S & S 212th St  116th Av SE & Kent-Kangley Rd  26th Av S & S 272nd St Kent has 119 intersections, of which 85 have old controllers that no longer have factory support. 24 intersections recently been updated with the modern controllers as a part of the citywide traffic signal system upgrade. The remaining 10 intersections have controllers that can be supported by the manufacture. Damage from lightning impacts the traffic signal system and can be limited to an individual electronic integrated circuit chip, which is often not visible or damage can be extensive to the boards or controllers rendering components unrepairable. When possible, the signal technicians repair these older controllers using parts obtained from other jurisdictions. All methods to protect the system from lightning are used. Annual costs due to lighting damage have ranged from $0 to $100,000. The average cost ranges from$15,000-$20,000. Currently, $48,000 has been budgeted for signal parts for the 119 signals, 12 flashers and 12 radar speed signs and 49 school flashers. These older controllers are not able to be used for at intersections where flashing yellow arrows are used, or for communication purposes between the flashing yellow intersections and the traffic signal system. Exhibit: None Budget Impact: as noted above NO MOTION REQUIRED/INFORMATION ONLY 69 This page intentionally left blank 70 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 17, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 21, 2016 From: Chad Bieren, P.E., City Engineer Item 12: Information Only/Quiet Zone Update Summary: Staff will provide an update to the Committee on what progress has been made to date on the Quiet Zone. Exhibit: None Budget Impact: N/A INFORMATION ONLY/NO MOTION REQUIRED 71