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City Council Committees - Public Works Committee - 11/07/2016 (2)
Public Works Committee Agenda Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month. 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. November 07, 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 October 17, 2016 Minutes YES None 03 03 5. Info Only/Burlington Northern Railroad Crossing Arms NO Matthew Mitchell 20 -- 6. Consultant Agreement with MacLeod Reckord/Lower Russell Levee Project YES Hope Gibson 10 05 7. Street Light Policy - Resolution YES Lacey Jane Wolfe 10 19 8. Info Only/Crosswalk Removal Update NO Lacey Jane Wolfe 03 25 9. Contract with JCI Jones, Inc. for 2017 Water Treatment Chemical Supply YES Sean Bauer 05 27 10. Second Lease Amendment – City and Valley Communications – Cambridge Site YES Sean Bauer 05 51 11 Info Only/Repairs Needed - East Hill Well NO Sean Bauer 10 59 12. Lifeline Water Rates YES Paul Scott 10 61 13. King Conservation District Grant/Mill Creek Side Channel Leber Homestead Property YES Matt Knox 05 69 14. Consultant Agreement for Airport Levee Certification YES Alex Murillo 05 81 15. Consultant Agreement Frager Road Levee YES Alex Murillo 05 103 1 - 2 - 16. Consultant Agreement with KBA, Inc. for 108/208th Project – Project Management YES Eric Connor 05 133 17. Consultant Agreement with David Evans & Associates for Design Services for the Quiet Zone YES Steve Mullen Chad Bieren 10 175 2 Public Works Committee Minutes October 17, 2016 1 Item 1 – Call to Order: The meeting was called to order at 4:03 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: There were no changes to the agenda. Item 4 – Approval of Meeting Minutes Dated October 17, 2016: Committee member Fincher MOVED to approve the minutes of October 17, 2016. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5 –Proposed Revisions to KCC 14.09 Flood Hazard Regulations: Civil Engineering Designer II, Chris Wadsworth noted that after holding a public hearing on September 26, 2016, the Land Use and Planning Board recommended to the City Council approval of amendments to Chapter 14.09 of the Kent City Code, entitled Flood Hazard Regulations. Wadsworth noted that the amendments changes address tasks identified by the Federal Emergency Management Agency (FEMA) to meet the mandatory minimum requirements for participation in the National Flood Insurance Program (NFIP). The changes include a modified definition of “Substantial Improvement” and definition for “Substantial Damage” along with a rewrite of the variances from Flood Hazard Regulations. The recommended changes help clarify the city’s existing flood hazard code; no new flood hazard regulations are being proposed. Committee member Ralph MOVED to recommend Council approve amendments to Chapter 14.09 of the Kent City Code, entitled Flood Hazard Regulations, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by committee member Fincher and PASSED 3-0. Item 6 – Information Only/Street Light Policy Update: Lacy Jane Wolfe, Senior Transportation Planner and Kristin Lykken, Financial Analyst, spoke about a proposed street light policy. Wolfe, noted that staff is developing a street light policy for Council consideration. As drafted, the policy prioritizes the installation and maintenance of street lights on arterials. Staff presented information regarding existing street lights, potential cost implications, and similar policies in neighboring jurisdictions. 3 Public Works Committee Minutes October 17, 2016 2 Committee Chair Higgins stated that he had no problem using B&O funds to help pay for street lighting. He requested that this move forward. Committee members Ralph and Fincher agreed that it makes sense to use funding for street lights. The committee liked the idea and requested that staff come back to committee in November for approval. INFORMATION ONLY/NO MOTION REQUIRED Item 7 – Information Only/Sidewalk Presentation: Brent Collins, Street Supervisor and Etuate Lolohea, Maintenance Worker 4 – Concrete provided a brief snapshot of what the sidewalk crews have been up to to- date, and gave a brief overview of what is upcoming in 2017. INFORMATION ONLY/NO MOTION REQUIRED Item 8 – Information Only/Quiet Zone Update: Chad Bieren, Deputy Director/City Engineer noted that he had two items to report. The first of which is that staff was able to schedule Matthew Mitchell from the Burlington Northern Santa Fe Railroad (BNSF) to speak at the November 7, Public Works Committee meeting regarding issues with railroad crossing arms. The second item Bieren brought up was that staff has a contract proposal that will come to the November 7, 2016 Public Works meeting for outside assistance on sidewalk and pedestrian improvements for the quiet zone. INFORMATION ONLY/NO MOTION REQUIRED The meeting was adjourned at 4:47 p.m. Cheryl Viseth Council Committee Recorder 4 PARKS, RECREATION AND COMMUNITY SERVICES Garin Lee and Merina Hanson, Co-Interim Directors Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: November 7, 2016 TO: Public Works Committee FROM: Hope Gibson, Parks Planning and Development Manager ITEM 6: Consultant Services Agreement with MacLeod Reckord for Owner’s Representation on the Lower Russell Road Levee Project – Recommend MOTION: Recommend council authorize the Mayor to sign the consultant services agreement with MacLeod Reckord in amount not to exceed $225,000.00, to act as the City’s representative on the Lower Russell Road Levee project, subject to final terms and conditions acceptable to the Parks Director, the Public Works Director and the City Attorney. SUMMARY: The Lower Russell Road Project (LRRP) is a joint capital improvement project with King County Flood Control District (FCD) and King County Department of Natural Resources and Parks. The City of Kent’s role is as the primary property owner, both of the project site and many of the neighboring properties. Kent’s property includes portions of the Green River Natural Resources Area, Van Doren’s Landing Park, Anderson Park, as well as Russell Road right-of-way and multiple individual parcels along the Green River. The project has multiple goals, including flood control, habitat restoration and preserving/enhancing public access and recreation. In order to achieve a balance among these goals, it was decided among the project partners that Kent would hire a consultant whose primary responsibility would be to represent the City throughout the remainder of design and construction. At the time of execution of this contract, the project is between 30 percent and 60 percent design completion. EXHIBITS: Consultant Services Agreement BUDGET IMPACT: The contract will be paid for with Drainage Funds. 5 This page intentionally left blank 6 CONSULTANT SERVICES AGREEMENT between the City of Kent and MacLeod Reckord PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and MacLeod Reckord organized under the laws of the State of Washington, located and doing business at 110 Prefontaine Place South, Suite 600, Seattle, WA 98104 (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: As described in the attached Exhibit A, Consultant shall serve as the City’s primary representative for the day-to-day project oversight related to the Lower Russell Road Levee Project, from design completion through construction of the project. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $225,000, 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: 7 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 8 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 9 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. 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. 10 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: Connie Reckord MacLeod Reckord 110 Prefontaine Place South, Ste 600 Seattle, WA 98104 (206) 323-7919 (telephone) connier@macleodreckord.com (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Hope Gibson City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5100 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department P:\Planning\Van Dorens\MacLeod Reckord\Owner’s Rep-MacLeod Reckord-CONTRACT.docx 11 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: _________________________________________ 12 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. 13 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: _________________________________________ 14 SCOPE Consultant shall serve as the City of Kent’s (City) Project Representative for the Lower Russell Road Project, from design completion through construction of the project, estimated to be complete by December, 2019. BACKGROUND The Lower Russell Road Project (LRRP) is a joint capital improvement project with King County Flood Control District (FCD) and King County Department of Natural Resources and Parks. The FCD is the primary funder, providing $27 million of the estimated $44 million project cost. Project partners are actively seeking additional funding, primarily in the form of grants, to enable the project to be constructed in one phase. King County Water and Land Resources Division (WLRD) of King County’s Department of Natural Resources and Parks Department is acting as agent for the FCD in matters pertaining to the day-to-day management of the project. The City’s role is as the primary property owner, both of the project site and many of the neighboring properties. City properties include portions of the Green River Natural Resources Area (GRNRA), Van Doren’s Landing Park, Anderson Park, as well as Russell Road right-of-way and multiple individual parcels along the Green River. In addition, King County has purchased several commercial and residential properties for inclusion in this project. The project has multiple goals, including flood control, habitat restoration and preserving/enhancing public access and recreation. In order to achieve a balance among these goals, it was decided among the project partners that the City would hire a Consultant whose primary responsibility would be to represent the City throughout the remainder of design and construction. At the time of execution of this contract, the project is in between 30 percent and 60 percent design completion. RESPONSIBILITIES OF THE CONSULTANT The Consultant shall be the City’s primary representative responsible for high-level oversight related to the LRRP. (The City’s Project Manager shall continue to be responsible for day-to-day tasks). Consultant shall be a Co-Project Representative with the County’s Department of Natural Resources and Parks, River and Floodplain Section Managing Engineer, who has been assigned that function, and shall work very closely with him. A key focus of the Consultant’s work will be to represent the City in meetings pertaining to ongoing collaboration with the County and others to resolve questions pertaining to the design, construction and ongoing stewardship of the project and the project site. 15 Some of the questions are related to public safety and functionality of project components, project impacts to the GRNRA and other City-owned properties, and ensuring safe and appropriate public access to this important river corridor segment. The Consultant shall represent the City in interagency project meetings, and shall be involved in communications at all levels relating to the project. They shall coordinate with City staff on a frequent basis and be expected to brief City leadership on the project’s status on a regular (monthly/quarterly, as appropriate) basis. The Consultant shall receive and review copies of all Design Development documents from the FCD, and provide to the City recommendations related to consistency with project concept and with the City’s priorities for the project. Consultant shall not be responsible for technical review of any aspect of the project that does not fall under their professional license. During the design process, the Consultant shall play a key role in helping City and County staff resolve design issues arising from competing project priorities. The Consultant, in association with their Co-Project Representative, as well as the assistance of City and County staff, shall review all bids received for responsiveness, participate in investigating the responsibility of Bidders and deliver a written recommendation to the City about the award of, or rejection of, any bid or bids for each Contract for the Project in accordance with applicable law. During construction, Consultant shall attend all weekly construction meetings and work with the project team to resolve issues as they relate to meeting City goals for the project. Consultant shall also attend any site meetings necessary to resolve any issues requiring a change order to the contractor. The Consultant shall record the progress of the Project and provide written reports to the City on a monthly basis unless otherwise agreed in writing. Such reports shall include, without limitation, information about proposed revisions to the design that impact public access and/or recreation, flood control, or otherwise effect the City’s project priorities; status of outstanding issues; summaries of meetings attended; as well as an overall status on the entire Project. The reports will not be substitution for, or address, the technical issues of the Project that are expected to be addressed by the Project designer/engineer. RESPONSIBILITIES OF THE CITY The City will provide a minimum of 72 hours notice to the Consultant for attendance at meetings, when possible. The City will provide the Consultant with all available and necessary contact information, design and engineering documentation, or access to on- line links in a timely fashion as required for the Consultant to provide meaningful analysis of, or input on, the Project. The City will provide additional technical resources 16 to the Consultant as may be required for the Consultant to provide the services outlined in the Scope of Work and as requested by the City. HOURS AND WORKSITE The Consultant shall not be required to keep designated hours and shall not be provided a designated work space. The Consultant shall work a maximum of 500 hours per calendar year, except by mutual agreement. The average of 500 hours per year will be prorated for the first and final year. The Consultant shall not delegate any of the responsibilities in this contract to another, without prior permission of the City, with the exception of project research and administrative work. RATE OF PAY The Consultant’s rate of pay and charges for expenses will be as indicated in the attached 2016 Standard Hourly Billing Rate sheet, effective January 1, 2016. The Consultant Classification is established as Principal 2. Rates are subject to change annually. 17 MacLeod Reckord Landscape Architecture Planning Urban Design Standard Hourly Billing Rates Effective January 1, 2016 Classification Billing Rate/Hour Principal 1 $160. Principal 2 $150. Principal 3 $140. Landscape Architect 1 $130. Landscape Architect 2 $120. Landscape Architect 3 $115. Landscape Designer 1 $100. Landscape Designer 2 $ 95. CAD Technician 1 $100. CAD Technician 2 $ 95. Administrative/Finance Manager $100. Administrative/Marketing Manager $ 95. Administrative/Word Processor $ 80. Expenses Color Plots $ 1.35/sf Bond Plots $ 0.75/sf Telephone, travel, photography, Cost + 10% lodging, vehicle/equipment rental, photography, per diem Mileage Prevailing IRS Rate 18 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: November 7, 2016 TO: Public Works Committee FROM: Lacey Jane Wolfe, Senior Transportation Planner THROUGH: Chad Bieren P.E., Deputy Director / City Engineer ITEM 7: Street Light Policy – Resolution – Recommend SUMMARY: City Transportation staff has developed a street light policy for Council consideration. As drafted, the policy prioritizes the installation, power and maintenance of street lights on arterials. Staff will present information on existing street lights, potential cost implications, and similar policies in neighboring jurisdictions. EXHIBIT: Draft Street Light Resolution BUDGET IMPACT: None Motion: Recommend council adopt a resolution establishing a street light policy which prioritizes the installation and maintenance of street lights on arterial roadways. 19 This page intentionally left blank 20 RESOLUTION NO. ______ A RESOLUTION of the city council of the city of Kent, Washington, adopting a street light policy. RECITALS A. The Kent City Council desires to provide street light services on arterials for traffic safety. B. The City Council recognizes that the City has limited resources to provide for the installation, power and maintenance of street lighting. C. The City Council desires to state a clear street lighting policy to protect City resources and provide direction to staff and citizens regarding street lighting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Arterials. It is the City’s policy to provide for the installation and maintenance of street lights on all streets designated as arterials, subject to available funding. The term “arterials” is identified in the Transportation Master Plan and includes the following functional classifications: (1) principal arterial, (2) minor arterial, (3) industrial collector arterial, and (4) residential collector arterial. The City reserves the right to change the functional classification of streets. SECTION 2. - Capital Projects. The City will provide for the installation, power and maintenance of street lighting within all capital projects on arterial streets. 21 SECTION 3. - Existing Street Light Agreements. Pursuant to prior agreements, the City may pay for the operation and maintenance of some street lights on roadways not classified as arterials. SECTION 4. – Non-Arterial Streets. The City does not intend to provide for the installation, power and maintenance of street lights on roadways not currently classified as arterials (except for those identified in Section 3 herein). The public works director has the authority to add street lights to non-arterial streets, subject to available funding. The Council recognizes the need to provide information to citizens on options for privately powering and maintaining non-arterial street lights within their neighborhoods. The following options may be available for individuals or homeowner’s associations to privately operate and maintain street lighting: 1.Utility districts may bill homeowners through their utility bills and pay the electricity provider directly. 2.Property owners may pay for the power and maintenance of street lights in their neighborhood through their homeowner’s association, a neighborhood association, or through a local improvement district. The installation, power and maintenance of street lights within neighborhoods shall comply with local, state, and federal law, as well as the City’s adopted Design & Construction Standards, which can be accessed on the City’s Public Works website. SECTION 5. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 6. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 22 SECTION 7. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2016. CONCURRED in by the Mayor of the City of Kent this _____ day of __________, 2016. SUZETTE COOKE, MAYOR ATTEST: KIMBERELY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ______ passed by the City Council of the City of Kent, Washington, , 2016. KIMBERELY A. KOMOTO, CITY CLERK 23 This page intentionally left blank 24 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: November 7, 2016 TO: Public Works Committee FROM: Lacey Jane Wolfe, Senior Transportation Planner THROUGH: Chad Bieren P.E., Deputy Director / City Engineer ITEM 8: Information Only/Crosswalk Removal Update Summary: Staff will update the committee on the progress of the removal of crosswalks. Exhibit: None Budget Impact: N/A INFORMATION ONLY/NO MOTION REQUIRED 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: 400 West Gowe Street Kent, WA 98032-5895 DATE: November 7, 2016 TO: Public Works Committee FROM: Sean Bauer, Water System Manager THROUGH: Dave Brock, P.E., Deputy Director / Operations Manager ITEM 9: 2017 Water Treatment Chemical Contract with JCI Jones Chemicals, Inc. - Authorize SUMMARY: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budget planning. The use of these chemicals is required to produce drinking water quality that meets state and federal regulations for drinking water standards. The treatment chemicals are used to treat potable drinking water which is provided to the City’s water customers. Gas chlorine is used to disinfect the water supply and protect it from contamination; Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. EXHIBIT: Goods and Services Agreement with JCI Jones Chemicals, Inc. BUDGET IPACT: There is no Unbudgeted Fiscal Impact as this is an annual cost planned for in the Water Utility operating budget. Motion: Move to recommend council authorize the Mayor to sign the 2017 Water Treatment Chemical Supply Agreement with JCI Jones Chemicals, Inc. for Gas Chlorine and Sodium Hydroxide, in an amount not to exceed $98,465.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 27 This page intentionally left blank 28 GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and JCI Jones Chemicals, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JCI Jones Chemicals, Inc. organized under the laws of the State of Washington, located and doing business at 1919 Marine View Dr., Tacoma, WA 98422, Phone: (253) 274- 0104, Contact: Michelle Trammell (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with water treatment chemicals (bid item 1, 2, 3, 4, 5, 10, 11, and 13) according to the bid proposal submitted October 18, 2016, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2017. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Ninety Eight Thousand, Four Hundred Sixty Five Dollars ($98,465.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Compensation of up to $98,465.00 is based on an estimate annual need. Actual need may vary as follows: Item 1: zero to 6 tons Item 2: zero to 5 tons Item 3: zero to 1,500 lbs. Item 4: zero to 600 lbs. Item 5: zero to 300 lbs. Item 10: zero to 96,000 gals. Item 11: zero to 12,000 gals. Item 13: zero to 8,000 gals. Therefore, actual compensation will be between $0 and $98,465.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. 29 GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for 30 GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. 31 GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable 32 GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 33 GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Michealle Trammell JCI Jones Chemicals, Inc. 1919 Marine View Drive Tacoma, WA 98422 (253) 274-0104 (telephone) (253) 274-0733 (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 JCI - 2017 Water Chemicals/Cunningham 34 EEO COMPLIANCE DOCUMENTS - 1 of 3 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 35 EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 36 EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 37 EXHIBIT A 38 39 40 41 42 43 44 45 46 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor 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 $2,000,000 products-completed operations aggregate limit. 47 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor 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 $2,000,000 products-completed operations aggregate limit. 48 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. 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 Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 49 This page intentionally left blank 50 Office of the City Attorney Tom Brubaker, City Attorney Phone: 253-856-5770 Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032 DATE: November 7, 2016 TO: Public Works Committee FROM: Tom Brubaker, City Attorney ITEM 10: Second Lease Amendment – City and Valley Communications – Cambridge Site - Recommend MOTION: Recommend Council authorize the Mayor to sign the second lease amendment between the city of Kent and Valley Communications Center for the Cambridge tank site subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City’s water utility leases ground space at the Cambridge tank site to Valley Communications Center for a structure and tower for radio communications. The initial lease was entered into on November 22, 1993 and amended on January 8, 2010. There was a past-due rent issue where the city had not billed and Valley Com had not paid rent for a number of years.. The City and Valley Com split the difference and settled the unpaid rent due at $11,262.50. Payment is due by December 1, 2016, and once paid, Valley Com’s rent payments will be current through December 31, 2016. This lease also allows Valley Com to assign or sublet all or part of the leasehold premises to the Puget Sound Emergency Radio Network (PSERN) project. PSERN will need use of some of Valley Com’s facilities to complete this important next-generation emergency radio system. Valley Com will be in charge of the details of any sublease or assignment to PSERN. EXHIBIT: Lease Agreement BUDGET IMPACT: Rent collected from the lease will be receipted into the water fund. 51 This page intentionally left blank 52 SECOND ADDENDUM TO LEASE AGREEMENT – Page 1 of 5 (Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge) SECOND ADDENDUM TO LEASE AGREEMENT BETWEEN THE CITY OF KENT (LESSOR) AND VALLEY COMMUNICATIONS CENTER (LESSEE) This SECOND ADDENDUM TO LEASE AGREEMENT ("Second Addendum") is made this _____ day of November, 2016, by and between the City of Kent, a municipal corporation formed pursuant to RCW 35A ("Lessor"), and Valley Communications Center, an administrative agency formed pursuant to RCW 39.34 ("Lessee"). RECITALS A. Lessor and Lessee entered into that certain Lease Agreement dated November 22, 1993 (the "Initial Lease"), as amended by that certain First Addendum to Lease Agreement dated as of January 8, 2010 (the “First Addendum”) for certain real property located in the City of Kent, State of Washington as described in Exhibit A to the Initial Lease (the “Premises”). The term “Amended Lease” shall mean the Initial Lease as amended by the First Addendum. As used herein the “Lease” shall mean the Amended Lease as further amended by this Second Addendum. B. The parties desire to amend the Amended Lease to extend the term of the Amended Lease as more fully set forth below. C. Except as otherwise specifically defined herein all capitalized terms shall have the meanings assigned in the Amended Lease. AGREEMENT In furtherance of the Recitals set forth above, which are incorporated herein by reference, and in consideration of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties acknowledge and agree to the following: 1. First Extended Term. The term of the Lease is hereby extended for eighteen (18) months (“First Extended Term”) commencing retroactively on July 1, 2016 (“First Extended Term Commencement Date”) and terminating on December 31, 2017 (“Expiration Date”). 2. Rent Payment. , Lessee shall pay to Lessor the sum of $11,262.50 on or before December 1, 2016, and following such payment, Lessee shall be current in the payment of its rent through December 31, 2016. 3. Condition of Premises. Lessee leases the Premises during the First Extended Term in as-is, where-is condition and acknowledges that Lessor has not agreed to and shall not be required to make any improvements or alterations to the same. 4. Assignment or Sublease. Section 26 of the Lease shall be amended by adding the following subsection D: D. Notwithstanding the foregoing, Lessee may assign the Lease or 53 SECOND ADDENDUM TO LEASE AGREEMENT – Page 2 of 5 (Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge) 2 sublet all or a portion of the Premises to King County to use for the Puget Sound Emergency Radio Network (“PSERN”), or alternatively may sublet all or a portion of the Premises to the Washington State Department of Transportation (“WSDOT”), so long as the purpose of any WSDOT sublease is for public safety. King County or WSDOT shall be bound by all of Lessee’s obligations and covenants under this Lease, the same as if it were the original Lessee hereunder. 5. Notices. Section 32 of the Lease shall be replaced in its entirety as follows: 32. Notices. All notices, requests, demands, and other communications required to be sent pursuant to this Lease shall be in writing and shall be deemed given if mailed, certified mail, return receipt requested, or by a nationally recognized courier service, to the following addresses: If to Lessor: City of Kent Attn: Water Superintendent 220 4th Avenue South Kent, WA 98032 If to Lessee: Valley Communications Center Attn: Lora Ueland, Executive Director 27519 108th Ave SE Kent, WA 98030 6. Brokers. Each party warrants to the other party that it has not dealt with any broker or agent in connection with the negotiation or execution of this Second Addendum. Each party shall indemnify, defend and hold the other party harmless from and against all costs, expenses, attorneys’ fees, liens and other liability for commissions or other compensation claimed by any broker or agent claiming the same by, through, or under such party. 7. Entire Agreement. This Second Addendum and the Amended Lease constitute the entire agreement between Lessor and Lessee with respect to the subject matter of this Second Addendum. 8. Full Force and Effect. Except as specifically set forth herein, the Amended Lease is and remains in full force and effect and binding on the parties. Lessee confirms that Lessor is not now and has not in the past been in default under the Lease, and Lessee has no claim against Lessor for damages or offset of any type. 9. Authority. Each party acknowledges that it has all necessary right, title and authority to enter into and perform its obligations under this Second Addendum, that this Second Addendum is a binding obligation of such party and has been authorized by all requisite action under the party's governing instruments, that the individuals executing this Second Addendum on behalf of such party are duly authorized and designated to do so, and that no other signatories are required to bind such party. 10. Counterparts. This Second Addendum may be executed in one or more facsimile or pdf counterparts, each of which shall be deemed the original, but 54 SECOND ADDENDUM TO LEASE AGREEMENT – Page 3 of 5 (Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge) 3 which together shall constitute one and the same instrument. 11. Ratification. The parties hereto ratify all past acts of the parties taken consistent with the terms and conditions of this Amended Lease. IN WITNESS WHEREOF, the parties have executed this Second Addendum as of the date set forth above. LESSOR: CITY OF KENT By: _____________________________ Name: Suzette Cooke Title: Mayor LESSEE: VALLEY COMMUNICATIONS CENTER By: _________________________ Name: _______________________ Title: ________________________ 55 SECOND ADDENDUM TO LEASE AGREEMENT – Page 4 of 5 (Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge) 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 56 SECOND ADDENDUM TO LEASE AGREEMENT – Page 5 of 5 (Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge) 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 57 This page intentionally left blank 58 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: November 7, 2016 TO: Public Works Committee FROM: Sean Bauer, Water System Manager THROUGH: Dave Brock, P.E., Deputy Director / Operations Manager ITEM 11: Information Only/East Hill Well Repairs SUMMARY: East Hill Well is a primary water source for the Kent Water System. The well produces in excess of 2.5 million gallons of water per day to meet domestic and fire demands for East Hill residents. On October 15, 2016 electrical conditions (fault) prevented the well from starting. Staff obtained the services of an electrical specialist to perform further diagnosis of the electrical equipment. The specialist determined the electrical fault was either within the well pump motor, conductor to the motor, or pump assembly. All of these components are located below ground within the well; they need to be brought to the surface (‘pulled’) for further diagnoses by a well motor and pump specialist. The existing Byron Jackson well motor was installed in 1986. Staff solicited bids to pull the pump and inspect the components. PumpTech Inc., located in Bellevue, was chosen to perform the work based on availability and expertise with the existing Byron Jackson model of well motors. PumpTech is also the only Byron Jackson authorized dealer in the state of Washington. Based on an inspection of the equipment after it was pulled out of the casing it was determined that a new motor and pump need to be installed. The projected lead time for the equipment is 30 weeks. This places installation of the new components to summer 2017; which coincides with the time of year water demands increase. The preliminary cost projection to replace the components is $300,000-$350,000. EXHIBIT: None BUDGET IMPACT: Water utility funds will be used to pay for the expenses. INFORMATION ONLY/NO MOTION REQUIRED 59 This page intentionally left blank 60 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: November 7, 2016 TO: Public Works Committee FROM: Paul Scott, Accounting Manager THROUGH: Chad Bieren P.E. Deputy Director / City Engineer ITEM 12 Lifeline Water Rates – Ordinance SUMMARY: On August 16, 2016, the Kent City Council adopted Ordinance No. 4213, which among other things, combined the City’s water rates into a single, uniform rate structure for all City water service. It was intended that the lifeline water rate would remain unaffected by Ordinance No. 4213. However, a provision in KCC 7.02.300(B) was overlooked, which refers back to KCC 7.02.300(A), the effect of which would result in the full monthly demand charge being assessed. Because the lifeline program is intended to provide reduced rates for low-income utility customers who are either over the age of 62 or permanently disabled, it is appropriate to amend KCC 7.02.300(A) to provide a reduced monthly water demand charge. EXHIBIT: Proposed Ordinance BUDGET IMPACT: None Motion: Recommend council adopt an ordinance amending section 7.02.300 of the Kent City Code to create a reduced monthly water demand charge for Lifeline water customers. 61 This page intentionally left blank 62 1 Amend KCC 3.70.300-Reduce Water Demand Charge for Lifeline Customers ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 7.02.300 of the Kent City Code, entitled “Water Rates”, to create a reduced monthly water demand charge for lifeline water customers. RECITALS A. On August 16, 2016, the Kent City Council adopted Ordinance No. 4213, which among other things, combined the City’s water rates into a single, uniform rate structure for all City water service. B. It was intended that the lifeline water rate would remain unaffected by Ordinance No. 4213. However, a provision in KCC 7.02.300(B) was overlooked, which refers back to KCC 7.02.300(A), the effect of which would result in the full monthly demand charge being assessed. C. Because the lifeline program is intended to provide reduced rates for low-income utility customers who are either over the age of 62 or permanently disabled, it is appropriate to amend KCC 7.02.300(A) to provide a reduced monthly water demand charge. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 63 2 Amend KCC 3.70.300-Reduce Water Demand Charge for Lifeline Customers ORDINANCE SECTION 1.- Amendment.Section 7.02.300 of the Kent City Code, entitled “Water rates,” is amended as follows” Sec. 7.02.300. Water rates. A.Water rates. The following monthly rates apply to all water customers served by the city of Kent. The lower rate applies per 100 cubic feet of water used up to or equal to 800 cubic feet per month, and the higher rate applies per 100 cubic feet of any water used in excess of 800 cubic feet: WATER USE/CONSUMPTION Winter/Summer <=800cf: $2.40 >800cf: $4.73 All customers are also subject to a monthly demand charge for potable water service, dedicated fireline service, and water meters. For purposes of this chapter, a “dedicated fireline” constitutes the pipe(s) and appurtenances on private property that only supply water to the system riser for water-based fire protection systems, private hydrants, monitor nozzles, fire pump suctions, and tanks. The dedicated fireline begins after the property isolation device, and it contains water that will be used only when needed for fire protection purposes and so will become stagnant and non-potable. The fees for these monthly demand services are as follows: Meter Size or, for Dedicated Fireline, Pipe size (inches) Residential Charge Effective January 1, 2017 Commercial Charge Effective January 1, 2017 Dedicated Fireline Charge Effective January 1, 2017 ≤3/4 $23.15 $29.10 $2.75 1 $36.25 $42.20 $3.21 1-1/4 4.81 1-1/2 $69.00 $74.95 $6.42 2 $108.30 $114.25 $10.27 64 3 Amend KCC 3.70.300-Reduce Water Demand Charge for Lifeline Customers Meter Size or, for Dedicated Fireline, Pipe size (inches) Residential Charge Effective January 1, 2017 Commercial Charge Effective January 1, 2017 Dedicated Fireline Charge Effective January 1, 2017 3 $173.80 $179.75 $25.67 4 $265.50 $271.45 $51.33 6 $402.45 $102.67 8 $533.45 $173.25 10 $664.45 $256.67 Beginning January 1, 2018, and on the first day of each calendar year thereafter, the total water rate for consumption, meters, and dedicated fireline usage will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bremerton, measured from June 1 through June 1 of the previous calendar year, if the CPI-W reflects an upward adjustment from the previous annual June to June period. For the years 2018-2022 the adjustment will not exceed 2.4% of the total water rate, but after that, beginning January 1, 2023, any increase in the CPI will not be subject to this 2.4% limit. In order to simplify the rate-making structure, the finance director is authorized to amend the rate each year to reflect the CPI adjustment. B.Lifeline customers. Through Chapter 7.01 KCC, Tthe city council has will established eligibility criteria for lifeline customers. For lifeline-qualified water service customers within the city limits, the following fees apply for monthly demand services, and water consumption rates apply for water use per 100 cubic feet: Effective Date Demand Service Charge Water Rate per 100 cf January 1 – December 31 01/01/2005 $0.51 06/01/2009 $0.53 01/01/2010 $0.54 01/01/2011 $0.56 01/01/2012 $0.57 01/01/2013 $0.59 01/01/2014 $0.61 65 4 Amend KCC 3.70.300-Reduce Water Demand Charge for Lifeline Customers Effective Date Demand Service Charge Water Rate per 100 cf January 1 – December 31 01/01/2017 $13.10 $0.61 All lifeline rates are also subject to the monthly demand charge for service and meter as set forth in subsection (A) of this section. SECTION 2.– Severability.If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3.– Corrections by City Clerk or Code Reviser.Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4.– Effective Date.This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 66 5 Amend KCC 3.70.300-Reduce Water Demand Charge for Lifeline Customers PASSED:day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) KIMBERLEY A. KOMOTO, CITY CLERK P:\Civil\Ordinance\7.02.300-LifelineCustomers-MonthlyDemandCharge.docx 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: November 7, 2016 TO: Public Works Committee FROM: Mike Mactutis, Environmental Engineering Manager THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer ITEM 13: King Conservation District, Project Funding Agreement for Mill Creek Side Channel –Leber SUMMARY: This grant was previously allocated by the King Conservation District and accounted for in the project funding prior to the start of construction; this authorization completes this grant acquisition process. The restoration project creates off-channel habitat in the Green River near the confluence of Mill Creek, increases floodplain refuge habitat for Chinook and other salmonids, enhance riparian habitat, and restore floodplain functions. The 8.6 acre site is owned by the City and is also known as Leber Homestead. EXHIBIT: King Conservation District Grant BUDGET IMPACT: The KCD Grant agreement in the amount of $200,000 provides for construction of the Mill Creek Side Channel – Leber Restoration project. The match consists of grant funding from Salmon Recovery Funding Board and King County Cooperative Watershed Management Funds totaling $2,152,084.53 and City matching funds of $76,440 which is the value of plant material we are currently providing. Motion: Recommend council authorize the Mayor to sign the King Conservation District (KCD) Grant in the amount of $200,000, direct staff to accept the grant and establish a budget for the funds to be spent within the Mill Creek Side Channel (Leber) Restoration project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 69 This page intentionally left blank 70 71 72 73 74 75 76 77 78 79 This page intentionally left blank 80 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: November 7, 2016 TO: Public Works Committee FROM: Alex Murillo, P.E., Environmental Engineering Supervisor THROUGH: Chad Bieren, P.E., Deputy Director/City Engineer ITEM 14: Kent Airport Levee Certification – Consultant Services Agreement with GeoEngineers, Inc. - Authorize SUMMARY: The Kent Airport Levee is located on the left bank (south side) of the Green River, between SR 167 and the Union Pacific Railroad Tracks. FEMA is preparing to update their floodplain maps and the area that is currently protected by this levee is at risk of being mapped in the FEMA floodplain. Businesses and properties that are mapped in the FEMA floodplain are faced with lower property values, strict development regulations, and often are required to secure FEMA flood insurance policies. A levee certification study of the Kent Airport Levee is needed in order to seclude the area from FEMA’s current flood map update. This initial contract with GeoEngineers, Inc. is for an alternatives analysis phase and a recommendation to move forward with a final design. Once this contract scope of work is complete, a separate contract will be requested to advance a final design and submit a levee certification report to FEMA. EXHIBIT: GeoEngineers, Inc. Contract Proposal BUDGET IMPACT: Funding for this contract will come from budgeted drainage utility funds Motion: Recommend council authorize the Mayor to sign a consultant services agreement with GeoEngineers, Inc. in an amount not to exceed $88,000 for engineering services on the Kent Airport Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director 81 This page intentionally left blank 82 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383- 4940, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide preliminary assessment and alternatives analysis for the Kent Airport Levee located north of S. 277th St. between SR 167 and the Union Pacific Railroad right-of-way. 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 Eighty Eighty Thousand Dollars ($88,000.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 83 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. For claims arising or alleged to arise from Consultant’s professional services only, Consultant’s duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. 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. 84 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. 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 85 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 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. / / / / / / / / 86 CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Lyle Stone GeoEngineers, Inc. 1101 S. Fawcett Ave., Suite 200 Tacoma, WA 98402 (253) 383-4940 (telephone) (253) 383-4923 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers - Airport Levee/Murillo 87 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: _________________________________________ 88 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. 89 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: _________________________________________ 90 EXHIBIT A GEOENGINEERS, INC. KENT AIRPORT LEVEE PRELIMINARY ASSESSMENT AND ALTERNATIVES ANALYSIS GREEN RIVER, FROM 83RD AVENUE SOUTH TO HWY 167 KENT, WASHINGTON OCTOBER 25, 2016 FILE NO. 0410-199-00 INTRODUCTION The purpose of this project is to provide flood protection for a portion of Kent located south of the Green River, north of South 277th Street and in between State Route (SR) 167 and the Union Pacific Rail Road right-of-way. This area will be protected with a levee system that will be used to revise Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) through the Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) process. The project will be evaluated, designed, and constructed in multiple phases. We anticipate that these phases will include: (1) an initial alternatives analysis phase, (2) a design and documentation phase for advancing the design of the chosen alternative and preparing CLOMR documentation, and (3) a bid support, construction support, and final documentation phase. This scope of work addresses only the first, alternatives analysis, phase. The goal of this first phase is to identify conceptual level solutions and order of magnitude cost estimates in order to determine a preferred project approach for design. The study will focus on incorporating existing infrastructure (existing roadway embankments and riverbank farm levees) into the new levee system. We anticipate that this phase will evaluate multiple potential levee alignments that could include sections of the left bank of the Green River from the SR 167 Bridge to the Central Avenue South Bridge, South 277th Street, SR 167, West Valley Highway, areas adjacent to the Union Pacific Railroad Right-of-Way, 78th Avenue South, and 83rd Avenue South. We understand that City of Kent levee policy is to evaluate existing levee systems including existing embankments and tie-ins based on the 100-year design flood. If new levee sections or modifications to existing sections are required the new levee sections are to be designed for the 500-year flood level. Our evaluation will consider both 100-year and 500-year flood levels. SCOPE OF SERVICES The purpose of our services in this phase is to collect and analyze available data in order to provide the city with information to evaluate preliminary levee alignments. From this data the City will determine which alignment to advance to full design. Our specific scope of services for this phase of the project includes: 1. Evaluate the potential levee alignment segments. We will provide an opinion as to the extent of improvements and construction it would take to modify the existing levees, embankments, and 91 City of Kent | October 25, 2016 Page 2 File No. 0410-199-00 roadway embankments along these alignments to meet FEMA levee criteria. This evaluation will include a site reconnaissance from public right-of-way (proposed levee alignments that are not directly accessible from public right-of-way will be observed from a distance as appropriate), a comparison of embankment geometry (height and width) to predicted flood elevations, and an evaluation of penetrations or crossings of the alignment. These levee segments will be used to create a continuous levee around the targeted protected area. From these segments we will evaluate up to four different alignment alternatives. 2. Provide a preliminary analysis of predicted flood levels. The purpose of the analysis is to provide an estimate of 100-year and 500-year return period flood levels along the proposed levee alignments and to determine what, if any, impacts removing land from the flood plain will have on predicted flood levels in surrounding areas. We anticipate that up to four scenarios will be evaluated. Hydraulic modeling will be performed by Northwest Hydraulic Consultants (NHC). A detailed scope of work from NHC is attached. 3. Develop standard design concepts (e.g., earth embankments, sheet pile I-Walls, earth levees incorporated into existing road embankments) for constructing levees certifiable to FEMA standards along existing roadway alignments. Existing Light Detection and Ranging (LiDAR) data from 2014 will be used to develop the preliminary alignment and vertical profiles. We anticipate producing one or two typical profiles per segment. 4. Evaluate proposed levee segments for required permits or permitting challenges that could affect the project. We will also evaluate proposed segments for mitigation areas and opportunities for habitat enhancement. This evaluation will be based on available critical areas maps and visual screening from public right-of-way. 5. Prepare preliminary order of magnitude construction cost estimates for each levee segment. The purpose of the cost estimate will be to compare relative costs between different levee segments. It will not be to the level of detail as a full engineer’s construction cost estimate. We will base our construction cost estimates on similar levee projects bid and constructed in the City of Kent. 6. Prepare a brief technical memorandum summarizing the concept designs, and including alternatives analysis. The summary report will include figures that identify the proposed alignments, elevations, and flood control approach for each section of the project. The plan will summarize key design criteria (e.g., flood elevation and levee crest heights), and identify data gaps that need to be addressed to complete design work. The report will include a list of engineering and permitting disciplines that will be required to complete the Plans Specifications and Estimate (PS&E) package and FEMA certification. 7. Lead up to two team meetings. We anticipate the first team meeting will be to present the alignment alternatives and to gather input from the City. The second team meeting will be to present the complete alternatives study and to recommend a final alignment to take to design. 92 City of Kent | October 25, 2016 Page 3 File No. 0410-199-00 Our scope and budget for this phase does not include geotechnical investigation and engineering, other data collection, permitting, coordination with other owners or stakeholders, preliminary or final design, bid support, construction support, or CLOMR preparation. This will be addressed under a future scope of services and budget. LJS:KTF:tt Attachments: Exhibit B. Fee Estimate NHC Scope of Services Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2016 by GeoEngineers, Inc. All rights reserved. 93 Principal (Ken Fellows) Senior Engineer (Lyle Stone) Senior Biologist (David Conlin) Engineer (Ryan Pearson) Biologist (Adam Wright) Support (Various) Principal Senior Engineer Engineer GIS Specialist Support Total Hours Fee Estimate Rate Rate Rate Rate Rate Rate Rate Rate Rate Rate Rate $234 $205 $185 $128 $140 $95 $273 $220 $157 $99 $149 Task Description Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Levee Segment Evaluation 2 16 32 8 4 62 $9,344 Hydraulic Analysis 1 4 16 24 88 133 $21,670 Preliminary Design Concepts 2 12 80 10 8 48 24 184 $25,790 Biological Evaluation 4 8 12 $1,860 Cost Estimates 2 6 40 48 $6,818 Summary Report 6 4 16 10 4 12 20 8 80 $13,398 Meetings 12 12 12 12 48 $8,520 Total Labor (GeoEngineers)13 50 8 164 32 40 307 $44,044 Total Labor (NHC)4 56 168 24 8 260 $43,356 Total Direct Expenses $600 $88,000 * Services provided by NHC include 15% markup. Kent Airport Levee Preliminary Assessment and Alternatives Analysis Kent, Washington Exhibit B: Fee Estimate GeoEngineers, Inc.Northwest Hydraulic Consultants* Total Estimated Fee File No. 0410-199-00 Exhibit B Fee Estimate | October 25, 2016 94 1 SCOPE OF WORK – HYDRAULIC ANALYSIS IN SUPPORT OF AIRPORT LEVEE CLOMR DESCRIPTION OF WORK / PROJECT OBJECTIVES The City of Kent (City) is considering alternatives to remove a section of land bounded by the Green River, SR167, S 277th St, and the Union Pacific railway line from the FEMA floodplain (blue area in Exhibit 1). Levee improvements as well as landward road-grade adjustments may be necessary to accomplish this. Preliminary segments of levee and/or roads to consider for improvement are shown as green lines in Exhibit 1. The City has selected GeoEngineers as the prime consultant for this work, with Northwest Hydraulic Consultants, Inc. (NHC) as a sub- consultant. This contract is for NHC to perform hydraulic modeling work necessary to assess the water level impact that the various levee/road improvements would have on the target properties as well as the surrounding areas. This project will be completed in Phases. Phase I will assess the water level impacts associated with the alternatives for protecting the subject properties. Following this, it is expected that City staff will engage stakeholders to select a project from amongst the alternatives. Phase II of the project will involve implementation of the selected alternative, additional hydraulic analyses, and revision of FEMA flood maps. This scope of work and associated budget is for Phase I only. TASKS, ITEMS, AND WORK PRODUCTS Task 1: Modify FIS Study Hydraulic Model and Perform Simulations The 2009 FIS study utilized a Flo2D model of the Green River floodplain. Levees were divided into “fail scenarios” as shown in Exhibit 2 and the model was run while assuming one levee fail scenario at a time. The results from the different simulations were compiled into a composite flood map. Exhibit 2 indicates that the “All Levees Intact” assumption produced the maximum flood depth for the area of interest. The Flo2D model developed for the FIS study will be updated such that portions of levees that have since been accredited (such as the Horseshoe Bend levee) are no longer assumed to fail during model simulations. The Airport Levee along the north end of the project area will likewise be assumed to be accredited and no longer fail. Flo2D simulations with the alternative levee alignments and/or raised roads as shown in Exhibit 1 will be performed to assess the water level impacts resulting from each alternative. Assumptions: Up to sixteen model simulations. This includes four alternative levee schemes, to be determined from amongst the green lines shown in Exhibit 1. For each of the four levee schemes we will run four model simulations created from the combination of two flows (the 100-year and the 500-year) and two FIS assumptions (“All Levees Intact” and “Fail Mill/Mullen Slough”). These two assumptions represent the controlling scenarios in the area of interest, now that the Reddington levee has been upgraded. The 100-year flow will be from the FIS study. The 500-yr flow is from a 2012 Corps of Engineers study No interior drainage analysis or risk-based analysis of reduced levee freeboard (HEC- FDA) will be performed at this phase of the project. 95 2 Deliverables: Depth and Water Surface Elevation shapefiles for each model simulation Task 2: Results Mapping Model results for each levee scheme will be processed into water surface elevation and depth difference maps. The water surface elevation maps will show the water surface at each grid cell based on the maximum value from all of the levee failure scenarios in the FIS. Depth Difference maps for each levee scheme will also be created which show the change in depth at each grid cell, as well as any grid cells that are completely protected or newly flooded as a result of the alternative. A sample map of this type is shown in Exhibit 3. Deliverables: 16 maps, draft and final: Water Surface Elevation and Depth Difference for each of the four alternative levee schemes and flow rates, in Adobe pdf file format. Task 3: Reporting and Coordination A brief memorandum will be prepared documenting the model changes, levee alternatives, and results. Our budget allows for two conference call meetings with the City or other officials to discuss the results. One round of comments on the memorandum is budgeted for; however, we assume any additional modeling resulting from comments will be minimal (less than 6 hours). Deliverables: Brief memorandum documenting the model and results of the alternatives assessment. STAFFING The Principal-in-Charge will be Mr. Todd Bennett. Mr. Alex Anderson will serve as project manager and engineer, and Mr. Vaughn Collins will serve as senior engineer/reviewer. SCHEDULE It is anticipated that the maps and draft memorandum can be delivered by the end of February 2017. Assuming two weeks for comments, the final memorandum can be submitted by the end of March 2017. 96 3 COST ESTIMATE The cost estimate for the services described above is $37,754. A cost breakdown is shown in the table below. 97 4 EXHIBIT 1: Map of Area to be Removed from Floodplain and Preliminary Alternative Levee Alignments SSS 222777777ttthhh SSSttt 98 5 EXHIBIT 2: FIS Study Levee Failure Groupings 99 6 EXHIBIT 3: Sample Depth Difference Map 100 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 101 EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 102 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: November 7, 2016 TO: Public Works Committee FROM: Alex Murillo, P.E., Environmental Engineering Supervisor THROUGH: Chad Bieren, P.E., Deputy Director/City Engineer ITEM 15: Frager Road Levee Certification – Consultant Services Agreement with GeoEngineers, Inc. - Authorize SUMMARY: The Frager Road Levee is located on the left bank (west side) of the Green River, just north of Veteran’s Drive near S 224th Street and connects north to approximately S 204th Street. The levee reach is roughly 1.5 miles long. FEMA is preparing to update their floodplain maps and the area that is currently protected by this levee is at risk of being mapped in the FEMA floodplain. Residential properties and businesses that are mapped in the FEMA floodplain are faced with lower property values, strict development regulations, and often are required to secure FEMA flood insurance policies. A levee certification study of the Frager Road Levee is needed in order to seclude the area from FEMA’s current flood map update. This contract with GeoEngineers, Inc. is for a full levee certification report to be prepared and submitted to FEMA. Full FEMA accreditation of the levee will be done once recommended repairs are completed. EXHIBIT: GeoEngineers, Inc. Contract Proposal BUDGET IMPACT: Funding for this contract will come from budgeted drainage utility funds Motion: Recommend Council authorize the Mayor to sign a consultant services agreement with GeoEngineers, Inc. in an amount not to exceed $333,271 for engineering services on the Frager Road Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. 103 This page intentionally left blank 104 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383- 4940, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall prepare the Conditional Letter of Map Revision (CLOMR) submittal package for the City of Kent for the Frager Road Levee Project which is located on the west bank of the Green River between the Puget Power Trail foot bridge north of Veterans Drive and S. 204th St. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Thirty Three Thousand, Two Hundred Seventy One Dollars ($333,271.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 105 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. For claims arising or alleged to arise from Consultant’s professional services only, Consultant’s duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. 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. 106 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. 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 107 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 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. / / / / / / / / 108 CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Lyle Stone GeoEngineers, Inc. 1101 S. Fawcett Ave., Suite 200 Tacoma, WA 98402 (253) 383-4940 (telephone) (253) 383-4923 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers - Frager Rd CLOMR/Murillo 109 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: _________________________________________ 110 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. 111 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: _________________________________________ 112 EXHIBIT A GEOENGINEERS, INC. FRAGER ROAD LEVEE CLOMR APPLICATION LEFT BANK OF THE GREEN RIVER, FROM VETERANS DRIVE TO SOUTH 204TH STREET KENT, WASHINGTON OCTOBER 28, 2016 FILE NO. 0410-200-00 INTRODUCTION AND PROJECT APPROACH The purpose of this project is to provide a flood protection system for a portion of Kent located on the west (left) bank of the Green River between the Puget Power Trail foot bridge north of Veterans Drive and South 204th Street. This area will be protected with a levee system that will be used to revise Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) through the Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) process. This phase of the project includes preparing the CLOMR submittal package for the City of Kent (City). We understand that the City deadline to to have the CLOMR submitted to FEMA is March 31, 2017. In order to meet this schedule we understand that we will be authorized to proceed by mid-November 2016, roughly a 19-week schedule. The existing riverbank levee is not certified and would need to be raised or modified to meet requirements to obtain FEMA accreditation. A new levee, set back from the existing riverbank levee is proposed to provide flood protection in this area. The proposed levee along Frager Road will extend approximately 1.5 miles from Veterans Drive to about South 204th Street. At the upstream end of the levee, at about the Puget Power Trail foot bridge, the levee will terminate by connecting to the west into natural high ground. At the downstream end, the levee will terminate by either connecting to an existing riverbank levee in Tukwila, north of South 204th Street, or by extending to natural high ground to the west. This existing riverbank levee has been evaluated by King County. This evaluation was performed by Hart Crowser and King County in 2012 and includes subsurface explorations, river bank stability analyses, and scour analysis. The analysis was not intended to meet the criteria for a levee certification report used for FEMA levee accreditation. We intend to incorporate applicable subsurface data from this analysis into the levee certification report. The status of the river bank levee in Tukwila at South 204th Street is currently unknown. It may not be an appropriate downstream levee tie-in for the purposes of FEMA levee accreditation. In this event the Frager Road levee will connect to natural high ground by extending the levee approximately 0.8 miles west along South 212th Street or by extending the levee approximately 0.5 miles west along South 204th Street. For the purposes of developing this scope and budget, we have assumed that the levee located in Tukwila is an appropriate downstream tie-in. Once we begin our analysis we will evaluate this and other assumptions to determine if the alignment or other work elements will need to be modified. In the event that this or other assumptions are found to be invalid we will promptly notify the City and work to modify the project approach and scope as needed. There is a contingency task included in this scope to address some of these potential issues. 113 We understand that City of Kent levee policy is to evaluate existing levee systems including existing embankments and tie-ins based on the 100-year design flood. If new levee sections or modifications to existing sections are required the new levee sections are to be designed for the 500-year flood level. It is expected that the current Frager Road levee will require modifications to meet the design criteria. The proposed levee will be set back from the existing riverbank and evaluated and designed at the 500-year flood level. Analysis provided for the CLOMR will be based on the 100-year flood level. SCOPE OF SERVICES Task 1 Project Management and Team Coordination Activities ■ Coordinate work flow between GeoEngineers, NHC, and City of Kent. We will initiate discussions with FEMA as needed to confirm project specific constraints or concerns regarding the CLOMR process for this levee segment. ■ Organize project coordination meetings. The purpose of these meetings will be to: (1) update the City on project progress, (2) request information from the City as needed, and (3) seek input from the City regarding design decisions. We anticipate that 1- to 2-hour coordination meetings will be scheduled every other week or twice per month for the duration of the project. ■ Attend one meeting, if needed, at the FEMA Region X Offices in Bothell, Washington to discuss levee alignment or other project constraints. Deliverables ■ Meeting agenda, minutes, and action items, as appropriate. Assumptions ■ City of Kent will lead coordination efforts with King County, City of Tukwila, and other local agencies as required. Task 2 Levee Stability Analysis and Certification Activities ■ Review and compile existing subsurface explorations and develop a subsurface design profile. We will review documents provided by the City of Kent and from our in-house files. We will also search public records (Washington State Department of Transportation [WSDOT] and King County) for data from adjacent roadway projects. ■ Perform foundation stability and seepage analyses for earthen levees and global stability analyses for structural floodwalls using the Seep/W and Slope/W computer programs. We will evaluate cross sections under the conditions outlined in U.S. Army Corps of Engineers (USACE) Engineering Manual EM 1110-2-1913 “Design and Construction of Levees” and USACE Engineering Circular EC 1110-2-6067 “USACE Process for the National Flood Insurance Program (NFIP) Levee System Evaluation.” The design cases that will be evaluated include End of Construction, Steady State Seepage during Full Flood Stage, Sudden Drawdown, and Seismic. We anticipate the stability and seepage analysis will include an evaluation of eight cross sections. 114 ■ Perform a seismic deformation analysis of the levee system. We will evaluate potential seismic deformations of the levee and floodwall system based on the results of the stability analysis and using a simplified Newmark displacement analysis. ■ Perform a settlement analysis of the levee embankment that assesses the potential for settlement of the levee to reduce freeboard over time. The settlement analysis will be based on methods from the USACE Engineering Manual 1110-1-1904 “Settlement Analysis” and standard local engineering practice. ■ Provide a preliminary analysis of floodwalls. We will evaluate floodwalls in accordance with FEMA and USACE requirements for floodwall design. We will evaluate floodwalls for stability in accordance with USACE EM 1110-2-2502 “Retaining and Floodwalls” and EC 1110-2-6066 “Design of I-Walls”, as appropriate. Deliverables ■ Draft and Final Levee Analysis and Certification Report. Assumptions ■ Structural detailing (design of steel reinforcing or connections) of floodwalls will not be required for the 30% design. ■ Detailed seismic analysis such as a site-specific seismic analysis or finite difference numerical modeling of seismic deformations will not be required. Task 3 Hydraulic Analysis Hydraulic Analysis will be performed by NHC with oversite and coordination from GeoEngineers. NHC’s scope of services is attached and includes additional information regarding details of the technical analysis, deliverables, and assumptions. Activities ■ Update the Flo2D model developed for the Flood Insurance Study (FIS) based on the proposed levee accreditation and the effects of other levees that are proposed to be accredited. Both 100-year and 500-year flood level simulations will be developed. The 100-year results will be used for flood mapping while the 500-year results will be used to determine necessary levee crest elevations. ■ Perform an interior drainage analysis to determine residual flood levels landward of the accredited levee due to backed up stormwater lines during periods of high river flow. This analysis will be used for a frequency analysis to determine 100-year ponding water surface elevations landward of Green River outfalls. ■ Use the results from the Flo2D model and interior drainage analysis to remap the flood hazard zones and Base Flood Elevations (BFEs) that would change as a result of the proposed levee accreditation. Deliverables ■ Depth and Water Surface Elevation shapefiles for each Flo2D model simulation. ■ Tabulated 100-year water surface ponding elevations incorporated into the floodplain maps. 115 ■ A workmap as well as annotated FIRMs for each FEMA map panel will be created in pdf file format suitable for inclusion in a CLOMR submittal. ■ GIS shapefiles of the revised flood hazard zones and BFEs. Assumptions ■ Four model simulations will be produced. The revised, assumed accredited levee system will be run under “Fail Midway/Johnson Creek” and “All Levees Intact” failure scenarios, and will be evaluated for the 100-year and 500-year floods. ■ The 100-year flow will be from the FIS study. The 500-year flow is from a 2012 USACE study. ■ City will provide stormwater infrastructure data in GIS shapefile format. ■ Our budget includes one day of field work to spot verify the stormwater outfall information. No other field work is required. ■ Two FEMA map panels will require revisions, located along the left bank of the Green River. Revision of the right bank flood hazard zones are not required. ■ Maps are not required for the 500-year results since this flood simulation will only be used to inform design. ■ NHC performed a scour analysis through this reach for the City in 2011, which included a recommended toe scour elevation profile. Because this work was done recently, we assume that it provides sufficient guidance, and no additional scour analysis is required. Task 4 Biological Assessment and Wetlands Analysis Activities ■ Research baseline environmental conditions by reviewing published documentation to develop an understanding of the baseline conditions prior to conducting the field reconnaissance. ■ Complete a field reconnaissance to delineate the ordinary high water mark (OHWM) and wetland extents, as well as assess riparian buffer conditions within the project area. ■ Coordinate with City’s surveyors to record the OHWM and wetland boundaries identified during the field reconnaissance. ■ Produce a draft Wetland/Stream Critical Areas Assessment report according to local City of Kent code. This report will address regulated wetlands, streams, and wildlife habitats that occur within the project area. In addition to written documentation, GeoEngineers will prepare figures depicting the regulated areas with the project that may be impacted by the project; figures will be developed based on information provided by the City of Kent, including professional land survey of wetland/ OHWM boundaries. This information will be used during development of the 30% design, as well as incorporated into the Biological Assessment report as applicable. ■ Produce a draft Biological Assessment (BA) report according to the Guidance for Compliance with Endangered Species Act from Letter of Map Change document provided by FEMA. In addition to written documentation, GeoEngineers will prepare figures depicting the general location of the project and the area that will be impacted by the project. 116 ■ Update the draft Critical Areas Assessment and BA reports based on one round of comments from the City, and produce final reports. ■ Provide an estimate, in terms of acres, of wetland creation or improvement that could be required to mitigate for potential impacts to wetlands and/or wetland buffers. ■ Submit the final BA report to the Services (National Marine Fisheries Service [NMFS] and U.S. Fish and Wildlife Service [USFWS]) to initiate Endangered Species Act (ESA) consultation. Coordinate with the City and the services to document concurrence with the effect determinations from the BA report. ■ If review and comment cannot be obtained from the Services, written documentation of our attempts to contact the Services will be provided in accordance with the process identified in the FEMA guidance document. Deliverables ■ Draft and Final Wetland/Stream Critical Areas Assessment Report. ■ Draft and Final Biological Assessment Report. ■ Written concurrence letters from the Services or written documentation of attempts to contact the Services if letters from the Services cannot be obtained. Assumptions ■ No work will be proposed below the OHWM. ■ Design of mitigation measures for impacts to wetlands or wetland buffers will not be included in the 30% design. ■ The project will be assumed to have no effect or be not likely to adversely affect ESA-listed species that may occur in the project area. Formal consultation with the Services is not anticipated. ■ Property access and right-of-entry will be arranged by the City and granted to GeoEngineers in order to complete the fieldwork identified above. ■ City will provide professional land survey of wetland and OHWM delineations. OHWM delineation will exclude the Green River. We understand the Green River hydrograph is dam-release controlled and the controlled elevations are known throughout the project reach. OHWM for the Green River will be based on these data and topographic data. Task 5 Levee 30 Percent Design Activities ■ Integrate survey provided by the City with LiDAR data to provide a base map suitable for 30% levee design. The City provided survey will include utilities, topography, property lines, Ordinary High Water Mark (as delineated by GeoEngineers), top of bank, significant ground features such as trails, pavement and structures, and other important information. GeoEngineers will supplement the County provided base map with LiDAR in areas where necessary. ■ Review river modeling data and extract relevant flood elevations as the basis for design, and, based on flood protection criteria provided by the City, determine the design levee crest elevation. ■ Develop a levee alignment and stationing consistent with City protocols. 117 ■ Develop of summary table of key design data (i.e., existing ground surface elevations, river flood elevations, levee crest elevations) at 100-foot intervals for project team review. ■ Prepare 30% design drawings consisting of the following (drawings will bear the unsigned seal of a professional engineer): Approximately 20 to 25 drawings in plan and profile format at 1 inch = 20 feet scale. The is assumed to extend along Frager Road approximately 1.5 miles from the upstream end of the levee, north of Veterans Drive and connect to an existing riverbank levee in Tukwila, north of South 204th Street. Cover Sheet Construction Notes Sheet Layout Overview drawing Levee typical sections drawing. Typical levee sections are expected to consist primarily of low permeability soil embankments with gravel access roads on the top and topsoil side slopes. Floodwalls may be required in some areas. Temporary erosion and sediment control notes and detail sheet (based on typical City details and notes). Plans will be prepared using City of Kent design and drafting standards. ■ Prepare 30% design level estimate of construction costs. Deliverables ■ Brief letter with figure showing the proposed alignment and levee section types, with description of the rationale for the proposed features, including data table of elevations. ■ Draft and revised 30% design level drawing set. ■ Draft and revised 30% design level estimate of construction costs. Assumptions ■ The City owns or will purchase property as needed for the levee footprint and access easements for levee maintenance. The City will arrange for access agreements for GeoEngineers staff to enter property owned by others if needed. ■ The following obstructions and design issues will be not be addressed in detail, only in a conceptual manner for the 30% design drawings: Sanitary sewer pump station in proposed levee right-of-way along Frager Road will be shown to be surrounded by flood wall as needed. No modifications to pump stations are expected. High voltage transmission line tower in proposed levee right-of-way along Frager Road southwest of Puget Power Trail will remain. Levee is not expected to impact existing structures. Overhead power and underground power in the levee right-of-way along and across numerous areas of proposed alignment. Several residential houses in the proposed levee right-of-way along Frager Road, South 212th Street and South 204th Street. 118 Possible radio communications pole along South 212th Street. Drainage culvert through South 204th Street. ■ It is assumed that the newly restored creek draining along the south side of the new levee north of South 204th Street terminates at the Green River with a culvert with floodgate or other structure as needed that can accommodate the levee footprint. Design of a culvert/floodgate is not included but can be completed under a supplemental scope of services. ■ Access roads connecting to the proposed levee crest access road will be designed at the conceptual level. ■ Levee embankment tie-ins or crossings at existing roadway embankments will be not be addressed in detail, only in a conceptual manner. Roadway geometric design will not be included in the 30% design drawings. ■ No design work (i.e., ditches, culverts, pump stations, etc.) to address interior drainage is needed. Tide flex valves or other appropriate closure structures will be called out for existing drain pipes as needed. ■ Design work will not include structural, architectural, utility, roadway, or drainage elements. Surface finishes will be gravel or topsoil and hydroseed. Landscaping will not be designed. The levee will not require armor stone or habitat features will not be addressed at the 30% design level. Site specific temporary and permanent erosion control measures will not be designed. ■ Plan sheets will depict wetlands and other critical areas as determined by GeoEngineers and others if data are provided to us in AutoCAD format. The total area of wetland impact based on the proposed levee footprint will be determined. Concept level or final design of wetland mitigation is not included but can be completed under a supplemental scope of services. ■ Specifications or complete bid documents will not be developed at the 30% design level. Task 6 CLOMR Submittal/FEMA Accreditation Activities ■ GeoEngineers and NHC will work together with the City to prepare the required documentation to FEMA to support a CLOMR after the team has completed the required science and documentation that meets the CLOMR criteria for approval. ■ GeoEngineers will prepare a project specific operations and maintenance manual similar to the operations and maintenance manuals currently used for existing Green River Levees. ■ GeoEngineers and NHC will address one round of comments and make minor edits to submittal documents as appropriate. Deliverables ■ FEMA MT2 Forms ■ Levee Operations and Maintenance Manual ■ Final submittal package including all scoped components of the CLOMR submittal (see above) and formal introduction letter. 119 Assumptions ■ The City will assist GeoEngineers in revising the operations and maintenance manual and with coordination of other levee maintenance stakeholders (King County). Preparation of the manual will require cooperation from City public works, engineering, and maintenance personnel. The operations and maintenance manual will also require formal adoption from the City Council or other appropriate governing body. ■ We will endeavor to complete the certification with as few reviews as possible. However, levee certification reviews can be subjective, and regulations can be interpreted in different ways by different reviewers. We have budgeted for one round of comments and associated minor edits to reports. Task 7 Contingency The purpose of this task is to address issues with the proposed levee alignment, additional analysis, or additional design required for the CLOMR submittal. We anticipate that this contingency could be used for: ■ Supplementing geotechnical explorations on a newly proposed levee alignment, along South 212th Street, for example. ■ Updating the existing hydraulic scour analysis (NHC). ■ Providing a flooding risk based analysis for the purposes of reducing freeboard requirements (NHC). ■ Addressing additional design issues required to prepare 30% design plans. ■ Addressing additional FEMA review comments. This scope item will not be used without first receiving explicit authorization from the City of Kent project manager. LJS:KTF:tt Attachments: Exhibit B. Fee Estimate NHC Scope of Services Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2016 by GeoEngineers, Inc. All rights reserved. 120 Administration Principal (Ken Fellows, and dicipline specific reviewers) Senior Engineer (Lyle Stone) Staff 3 Geotechnical Engineer (Basel Kitmitto) Staff 1 Geotechnical Engineer (Lucy Astorga) Senior Biologist (David Conlin) Staff 3 Biologist (Adam Wright) Staff 2 Civil Engineer (Ryan Pearson) CAD Designer (Caroline VanSlyke) Support (Various) Includes GIS Total Hours Fee Estimate Rate Rate Rate Rate Rate Rate Rate Rate Rate $234 $205 $145 $111 $185 $140 $128 $106 $95 Task Description Hours Hours Hours Hours Hours Hours Hours Hours Hours 1.0 Project Management and Team Coordination Coordination with NHC and City 30 30 60 $9,000 Team Meetings, Including Agenda and Minutes 13 30 6 6 20 15 90 $15,157 NHC $5,952 Task Estimated Fee $30,109 2.0 Levee Stability Analysis and Certification Review Existing Data 4 12 12 12 40 $5,032 Seepage and Stability Analysis 4 16 72 24 8 124 $18,168 Seismic Defformation Analysis 1 4 16 21 $2,830 Settlement Analysis 2 12 14 $1,742 Floodwall Analysis 2 6 12 20 $3,438 Levee Certification Report (Draft and Final)6 24 32 24 20 106 $15,528 Task Estimated Fee $46,738 3.0 Hydraulic Analysis NHC 0 $45,915 Task Estimated Fee $45,915 4.0 Biological Assessment Research Baseline Environmental Conditions 3 4 4 11 $1,495 Delineate OHWM and wetland boundaries 2 20 4 26 $3,550 Wetland Assessment Report (Draft and Final)4 6 24 10 44 $6,356 Biological Assessment (BA) Report (Draft and Final)4 34 38 23 99 $14,731 NMFS and USFW Coordination 14 2 16 $2,870 Task Estimated Fee $29,002 5.0 Levee 30 Percent Design Integrate City Survey with LiDAR (base map)5 12 12 29 $3,978 Review/Extract River Modeling Data 15 20 16 51 $7,766 Develop Levee Alignment and Stationing 6 2 12 12 32 $4,622 Prepare 30% Design Drawings 30 8 180 240 458 $57,140 Prepare 30% Design Level Estimate of Construction Costs 12 4 40 4 60 $9,172 Task Estimated Fee $82,678 6.0 CLOMR Submittal/FEMA Accrediation Coordination with NHC and City to Prepare Submittal 4 16 16 4 16 56 $8,208 Project Specific O&M Manual 2 8 20 8 38 $5,428 Response to FEMA Comments 8 16 8 8 4 8 4 56 $9,756 NHC $28,312 Task Estimated Fee $51,704 7.0 Contingency GeoEngineers $25,000 NHC $20,125 Task Estimated Fee $45,125 Total Labor (GeoEngineers)116 170 142 88 73 92 328 296 146 1,451 $230,967 GeoEngineers Direct Expenses $2,000 Subcontracts (NHC)$100,304 Total Estimated Fee $333,271 Kent Frager Road Levee CLOMR Application Kent, Washington Exhibit B: Fee Estimate Project Management and Technical Oversight Civil Engineers and DesignersBiological Sciences and PermittingGeotechnical Engineers File No. 0410-200-00 Exhibit B Fee Estimate | October 25, 2016 121 SCOPE OF WORK – HYDRAULIC ANALYSIS IN SUPPORT OF FRAGER ROAD LEVEE CLOMR DESCRIPTION OF WORK / PROJECT OBJECTIVES The City of Kent (City) would like to accredit the Frager Road levee under FEMA’s levee accreditation framework. The work is motivated by the City’s desire to remove the area behind the levee from the FEMA floodplain. The Frager Raod levee is located on the left bank of the Green River in Kent, WA and extends from the Puget Power Trail pedestrian bridge at river mile (RM) 19 downstream to S 204th St at RM 17.25. The levee alignment is shown in Exhibit 1. The City has selected GeoEngineers as the prime consultant for this work, with Northwest Hydraulic Consultants, Inc. (NHC) as a sub-consultant. This contract is for NHC to perform hydraulic analyses and GIS mapping work necessary to prepare a FEMA conditional letter of map revision (CLOMR) package. TASKS, ITEMS, AND WORK PRODUCTS Task 1: Flo2D Modeling The 2009 FIS study, which was the basis for the floodplain mapping which the CLOMR seeks to amend, utilized a Flo2D model of the Green River floodplain. Levees were divided into “fail scenarios” as shown in Exhibit 2 and the model was run while assuming one levee fail scenario at a time. The results from the different simulations were compiled into a composite flood map. Exhibit 2 indicates that the “Midway/Johnson Creek” levee failure scenario produced the maximum flood depth for the area surrounding Frager Road. The Flo2D model developed for the FIS study will be updated such that portions of levees that have since been accredited (such as the Briscoe levee) are no longer assumed to fail during model simulations. The Frager Road Levee will likewise be treated as an accredited levee and no longer assumed to fail in the Midway/Johnson Creek scenario. The Flo2D model failure scenarios will be rerun with the accredited levees remaining intact. Assumptions: • Four model simulations. The revised, assumed accredited levee system will be run under “Fail Midway/Johnson Creek” and “All Levees Intact” failure scenarios, and then both of these for the 100-yr and 500-yr floods. The 100-yr results will be used for flood mapping while the 500-yr results will be used to determine necessary levee crest elevations. • The 100-year flow will be from the FIS study. The 500-yr flow is from a 2012 Corps of Engineers study. • A single levee alignment will be provided by the City for model simulations. Deliverables: • Depth and Water Surface Elevation shapefiles for each model simulation 122 Task 2: Interior Drainage Analysis An interior drainage analysis will be conducted to determine residual flood levels landward of the accredited levee due to backed up stormwater lines during periods of high flow. NHC will obtain the City’s stormwater infrastructure GIS files, and create basins draining to each river outfall location. An HSPF (rainfall-runoff) model will be created, and the 60-year period simulated in previous Kent CLOMRs will be simulated to determine a runoff record for each basin. The FIS HEC-RAS model will be modified to include storage areas landward of each outfall. The HEC-RAS model will then be run for the same 60-yr period, using the HSPF runoff as inflow to the storage areas. The resulting water surface elevations from HEC-RAS will be used for a frequency analysis to determine 100-yr ponding water surface elevations landward of each Green River outfall. Assumptions: • City to provide stormwater infrastructure data in GIS shapefile format. • Our budget includes one day of field work to spot verify the outfall information. No other field work is budgeted. Deliverables: • Tabulated 100-yr water surface ponding elevations. Results will also be incorporated into the floodplain maps (Task 3) and discussed in the memorandum (Task 4). Task 3: Floodplain Mapping Flo2D model results from the 100-yr simulations will be combined with the remaining, unchanged FIS levee failure scenarios to produce a composite water surface elevation dataset (i.e., the water surface elevation dataset will contain the water surface at each grid cell based on the maximum value from all of the levee failure scenarios in the FIS). We will use this revised water surface elevation dataset to remap the flood hazard zones and BFEs that would change as a result of levee accreditation. The same methods and assumptions used in the FIS mapping will be used in this CLOMR mapping. Interior drainage analysis results will be used to map flooding in the areas affected. An example of the type of mapping we envision is shown in Exhibit 3. Assumptions: • Two FEMA map panels will require revisions, located along the left bank of the Green River. We do not anticipate the need to revise right bank flood hazard zones. • Maps are not required for the 500-yr results since this flood simulation will only be used to inform design. Deliverables: • A workmap as well as annotated FIRMs for each FEMA map panel will be created in pdf file format suitable for inclusion in a CLOMR submittal. • GIS shapefiles of the revised flood hazard zones and BFEs. Task 4: CLOMR Package Preparation A technical memorandum documenting the model results and mapping will be prepared. The memorandum will also discuss scour and embankment protection considerations for the levee. 123 We will assist in the preparation of MT-2 forms, and package our report, models and data together for submittal to FEMA. One round of comments (from City) on the memorandum is budgeted for; however, we assume any additional modeling resulting from comments will be minimal (less than 6 hours). Assumptions: • NHC performed a scour analysis through this reach for the City in 2011, which included a recommended toe scour elevation profile. Because this work was done recently, we assume that it provides sufficient guidance, and no additional scour analysis is required. • NHC will address hydrologic and hydraulic considerations. Biologic and geotechnical considerations to be evaluated by GeoEngineers. • One round of revisions to the work products is budgeted for following City comments, and one round following FEMA comments. Deliverables: • Technical memorandum documenting the model results and mapping. • Hydraulic portions of MT-2 forms. • Scour analysis conducted in 2011 will be appended to the report. • All models, maps, report, and MT-2 form will be packaged in a single zip file for easy transmittal to FEMA. Task 5: Management and Coordination Coordination with the City will be one of the responsibilities of the prime consultant; we therefore have budgeted limited meeting and management resources. Assumptions: • Five (approximately monthly) one-to-two hour conference call meetings with the City, GeoEngineers, and/or FEMA. Task 6: Contingency This task serves as a placeholder to limit the need for future amendments as the project evolves. It includes budget for additional analyses that are currently not envisaged but may become necessary if unforeseen circumstances arise or if the proposed levee alignment changes. Examples of such analyses include, but are not limited to, updating the scour analysis, additional Flo2D model runs, or performing a risk-based analysis for accreditation with less than three feet of freeboard. In addition, we include coordination with FEMA and response to FEMA comments in this task due to the uncertain nature of the work required. Assumptions: • Contingency funds will only be released following consultation with the City on the extent of additional work required. All or part of the funds may be released. • The budget allocated in this task is meant to be sufficient for one to two additional analyses, not to cover every situation that could conceivably arise. 124 STAFFING The Principal-in-Charge will be Mr. Todd Bennett. Mr. Alex Anderson will serve as project manager and engineer, and Mr. Vaughn Collins will serve as senior engineer/reviewer. SCHEDULE It is anticipated that the maps and draft memorandum can be delivered three months after receiving a notice to proceed. Assuming this notice comes in November of 2016, the draft products would be delivered by the end of February 2017. Final work products could be submitted by March 31 2017. 125 COST ESTIMATE The cost estimate for the services described above is $87,348. This includes the contingency task, which was assumed to be 25%. A cost breakdown is shown in the table below. 126 EXHIBIT 1: Map of Frager Road Levee EXHIBIT 2: FIS Study Levee Failure Groupings 222000444ttthhh SSSttt Frager Levee 127 EXHIBIT 3: Sample FIRM Workmap showing typical edits Frager Levee 128 129 ID Task Mode Task Name Duration Start Finish Predecessors 1 00 Notice to proceed 0 days Tue 11/22/16 Tue 11/22/16 2 2.0 Levee Stability and Certification 61 days Tue 11/22/16 Tue 2/28/17 3 Geo Review Existing Data 5 days Tue 11/22/16 Thu 12/1/16 1 4 Geo Seepage and Stability 18 days Tue 1/10/17 Thu 2/2/17 42,3 5 Geo Seismic Deformation 5 days Fri 2/3/17 Thu 2/9/17 4 6 Geo Settlement 3 days Fri 2/3/17 Tue 2/7/17 4 7 Geo Floodwall 3 days Fri 2/3/17 Tue 2/7/17 4 8 Geo Levee Certification Report (Draft)10 days Fri 2/10/17 Thu 2/23/17 4,5,6,7 9 Geo Levee Certification Report (Final)3 days Fri 2/24/17 Tue 2/28/17 8 10 3.0 Hydraulic Analysis 51 days Tue 11/22/16 Tue 2/14/17 11 NHC Flo2d Modeling (Prelim)10 days Tue 11/22/16 Thu 12/8/16 1 12 NHC Flo2d Modeling (Final)6 days Tue 1/10/17 Tue 1/17/17 42 13 NHC Interior Drainage Analysis 18 days Wed 1/18/17 Fri 2/10/17 39,12 14 NHC Floodplain Mapping (Prelim)10 days Wed 1/18/17 Tue 1/31/17 12 15 NHC Floodplain Mapping (Final)5 days Wed 2/8/17 Tue 2/14/17 41 16 4.0 Biological Assessment 61 days Tue 11/22/16 Tue 2/28/17 17 Geo Research Baseline Env Conditions 5 days Tue 11/22/16 Thu 12/1/16 1 18 Geo Delineate OHWM 5 days Fri 12/2/16 Thu 12/8/16 17 19 Wetland Assessment Report (Draft)6 days Tue 1/3/17 Tue 1/10/17 38 20 Wetland Assessment Report (Final)3 days Wed 2/1/17 Fri 2/3/17 40 21 Biological Assessment Report (Draft)10 days Wed 1/11/17 Tue 1/24/17 19 22 Biological Assessment Report (Final)3 days Wed 2/1/17 Fri 2/3/17 40 23 NMFS and USFW Coordination 2 days Mon 2/27/17 Tue 2/28/17 47 24 5.0 Levee 30 Percent Design 70 days Fri 12/9/16 Mon 3/27/17 25 Integrate City Survey with LiDAR (base map)5 days Tue 1/3/17 Mon 1/9/17 38 26 Review/extract Modeling Data 5 days Fri 12/9/16 Thu 12/15/1611 27 Develop Levee Alignment and Stationing 5 days Fri 12/16/16 Thu 12/22/1626 28 Prepare 30% Design Drawings (Prelim)30 days Tue 1/10/17 Mon 2/20/17 42 29 Prepare 30% Design Drawings (Final)15 days Tue 2/21/17 Mon 3/13/17 28 30 Prepare 30% Design Level Estimate of Construction Cost 10 days Tue 3/14/17 Mon 3/27/17 29 31 6.0 CLOMR Submittal 100 days Tue 2/21/17 Mon 7/10/17 32 Prepare O&M (Draft)10 days Tue 2/21/17 Mon 3/6/17 28 33 Prepare O&M (Final)5 days Tue 3/14/17 Mon 3/20/17 43 34 Geo/NHC Assemble CLOMR 5 days Tue 3/21/17 Mon 3/27/17 9,23,33,29,12,13, 35 Submit CLOMR 0 days Mon 3/27/17 Mon 3/27/17 34 36 Response to FEMA Comments 3 wks Tue 6/20/17 Mon 7/10/17 45 37 City of Kent Tasks 70 days Tue 11/22/16 Mon 3/13/17 38 Perform Survey 10 days Fri 12/9/16 Thu 12/22/1618 39 Provide Stormwater Infrastructure Data 0 days Tue 11/22/16 Tue 11/22/161 40 Biological Assessment Review 5 days Wed 1/25/17 Tue 1/31/17 19,21 41 Hydraulics Map Review 5 days Wed 2/1/17 Tue 2/7/17 14 42 Alignment Review 5 days Tue 1/3/17 Mon 1/9/17 27 43 O&M Review 5 days Tue 3/7/17 Mon 3/13/17 32 44 External Factors 96 days Mon 2/6/17 Mon 6/19/17 45 Fema Review 3 mons Tue 3/28/17 Mon 6/19/17 34 46 King County O&M Review 3 wks Tue 3/7/17 Mon 3/27/17 32 47 NMFS and USFW Review 3 wks Mon 2/6/17 Fri 2/24/17 20,22 11/22 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 3/27 0% 0% 11/22 0% 0% 0% 0% 0% 0% M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S ov 20, '16 Nov 27, '16 Dec 4, '16 Dec 11, '16 Dec 18, '16 Dec 25, '16 Jan 1, '17 Jan 8, '17 Jan 15, '17 Jan 22, '17 Jan 29, '17 Feb 5, '17 Feb 12, '17 Feb 19, '17 Feb 26, '17 Mar 5, '17 Mar 12, '17 Mar 19, '17 Mar 26, '17 A Critical Critical Split Critical Progress Task Split Task Progress Manual Task Start-only Finish-only Duration-only Baseline Baseline Split Baseline Milestone Milestone Summary Progress Summary Manual Summary Project Summary External Tasks External Milestone Inactive Task Inactive Milestone Inactive Summary Deadline FragerRdLeveeCLOMRSchedule.mpp Page 1DR A F T 130 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 131 EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 132 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: November 7, 2016 TO: Public Works Committee FROM: Eric Connor, Construction Engineering Manager THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer ITEM 16: Consultant Services Agreement for 108th/208th Project - Authorize SUMMARY: Our 108th/208th Intersection Improvements Project is located at the intersection of 108th Ave SE and SE 208th St. This is a Federally Funded project that will provide a new southbound to eastbound left turn lane on 108th Ave SE at SE 208th St. Construction Engineering staff are busy managing multiple, ongoing projects; therefore we need to contract with a consultant to provide a Resident Engineer to work with City staff and manage the construction of this project. Through our selection process we have selected KBA, Inc. to provide this Resident Engineer (RE). KBA is a Construction Management consultant based in Bellevue that specializes in managing Federally Funded Capital Improvement Projects such as this one. In support of KBA’s RE, City staff will work with KBA to perform all project administration from inception to final closeout. EXHIBIT: KBA, Inc. Scope of Work and Fee Proposal BUDGET IMPACT: The project will be paid for with a $700,000 grant from the Washington State Department of Transportation through its Highway Safety Improvement Program, a federal grant for $419,920 and approximately $200,000 in Transportation Impact Fees. Motion: Recommend Council authorize the Mayor to sign a consultant services agreement with KBA, Inc. in an amount not to exceed $130,500 to provide Construction Management services for the 108th Ave SE (SR 5105) and SE 208th St Intersection Improvements project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 133 This page intentionally left blank 134 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14 Revised 4/10/2015 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN or SSN Number Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Maximum Amount Payable: Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G &HUWL¿FDWLRQ'RFXPHQWV Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: /" /" /" LA 7963 LA 7963 KBA, Inc. 11201 SE 8th St., Suite 160, Bellevue, WA 98004 HSIP-0515 (014) 601-426-427 91-1581416 December 31, 2017 108th Ave. SE (SR 515) and SE 208th St. Intersection Improvements The Consultant shall provide Construction Management Services for the Project. The Project consists of installing an additional southbound to eastbound left-turn lane on SR 515 including the removal and construction of approximately 1,060 linear feet of cement concrete curb and gutter, street trees, 700 square yards of sidewalk, driveways and relocating approximately 890 square feet of rockery. Also included is channelization and traffic signal modification including loops. $130,500.00 135 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14 Revised 4/10/2015 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the , hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) RIWKLV$*5((0(17DQGKHUHDIWHUFDOOHGWKH³6(59,&(6 ´DQGGRHVQRWKDYHVXI¿FLHQWVWDIIWRPHHWWKHUHTXLUHG commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating WRSURIHVVLRQDOUHJLVWUDWLRQLIDSSOLFDEOHDQGKDVVLJQL¿HGDZLOOLQJQHVVWRIXUQLVKFRQVXOWLQJVHUYLFHVWR the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work 7KHZRUNXQGHUWKLV$*5((0(17VKDOOFRQVLVWRIWKHDERYHGHVFULEHG6(59,&(6DVKHUHLQGH¿QHGDQG necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, DQGUHODWHGHTXLSPHQWDQGLIDSSOLFDEOHVXEFRQVXOWDQWVDQGVXEFRQWUDFWRUVQHFHVVDU\WRFRQGXFWDQGFRPSOHWHWKH SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work 7KH6FRSHRI:RUNDQGSURMHFWHGOHYHORIHIIRUWUHTXLUHGIRUWKHVH6(59,&(6LVGHVFULEHGLQ([KLELW³$´DWWDFKHG hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, DQGSUHVHQWDWLRQPHHWLQJVZLWKWKH$*(1&<DQGRUVXFK6WDWH)HGHUDO&RPPXQLW\&LW\RU&RXQW\RI¿FLDOV JURXSVRULQGLYLGXDOVDVPD\EHUHTXHVWHGE\WKH$*(1&<7KH$*(1&<ZLOOSURYLGHWKH&2168/7$17 VXI¿FLHQWQRWLFHSULRUWRPHHWLQJVUHTXLULQJ&2168/7$17SDUWLFLSDWLRQ7KHPLQLPXPUHTXLUHGKRXUVRUGD\V¶ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in VXI¿FLHQWGHWDLOVRWKDWWKHSURJUHVVRIWKH6(59,&(6FDQHDVLO\EHHYDOXDWHG The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: LA 7963 136 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 Revised 4/10/2015 3DUWLFLSDWLRQIRU'LVDGYDQWDJHG%XVLQHVV(QWHUSULVHV '%( RU6PDOO%XVLQHVV(QWHUSULVHV 6%( LIUHTXLUHG SHU &)53DUWVKDOOEHVKRZQRQWKHKHDGLQJRIWKLV$*5((0(17,I'%(¿UPVDUHXWLOL]HGDWWKH FRPPHQFHPHQWRIWKLV$*5((0(17WKHDPRXQWVDXWKRUL]HGWRHDFK¿UPDQGWKHLUFHUWL¿FDWLRQQXPEHUZLOO be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime &2168/7$17LVD'%(FHUWL¿HG¿UPWKH\PXVWFRPSO\ZLWKWKH&RPPHUFLDO8VHIXO)XQFWLRQ &8) UHJXODWLRQ RXWOLQHGLQWKH$*(1&<¶V³'%(3URJUDP3DUWLFLSDWLRQ3ODQ´DQGSHUIRUPDPLQLPXPRIRIWKHWRWDODPRXQW RIWKLV$*5((0(17,WLVUHFRPPHQGHGEXWQRWUHTXLUHGWKDWQRQ'%(3ULPH&2168/7$176SHUIRUP DPLQLPXPRIRIWKHWRWDODPRXQWRIWKLV$*5((0(17 7KH&2168/7$17RQDPRQWKO\EDVLVLVUHTXLUHGWRVXEPLW'%(3DUWLFLSDWLRQRIWKHDPRXQWVSDLGWRDOO'%( ¿UPVLQYRLFHGIRUWKLV$*5((0(17 All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. $OOHOHFWURQLF¿OHVSUHSDUHGE\WKH&2168/7$17PXVWPHHWWKHUHTXLUHPHQWVDVRXWOLQHGLQ([KLELW³&± Preparation and Delivery of Electronic Engineering and other Data.” $OOGHVLJQVGUDZLQJVVSHFL¿FDWLRQVGRFXPHQWVDQGRWKHUZRUNSURGXFWVLQFOXGLQJDOOHOHFWURQLF¿OHVSUHSDUHG by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. $Q\DQGDOOQRWLFHVRUUHTXHVWVUHTXLUHGXQGHUWKLV$*5((0(17VKDOOEHPDGHLQZULWLQJDQGVHQWWRWKHRWKHU SDUW\E\ L FHUWL¿HGPDLOUHWXUQUHFHLSWUHTXHVWHGRU LL E\HPDLORUIDFVLPLOHWRWKHDGGUHVVVHWIRUWKEHORZ If to AGENCY: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: If to CONSULTANT: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the &2168/7$17$SULRUVXSSOHPHQWDO$*5((0(17LVVXHGE\WKH$*(1&<LVUHTXLUHGWRH[WHQGWKHHVWDEOLVKHG completion time. Agreement Number: LA 7963 Eric Connor City of Kent 220 4th Ave. S. Kent WA 98032 EConnor@KentWA.gov (253) 856-5533 (253) 856-6500 Sam Schuyler KBA, Inc. 11201 SE 8th St., Suite 160 Bellevue WA 98004 sschuyler@kbacm.com (425) 455-9720 (425) 455-9732 137 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14 Revised 4/10/2015 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES UHQGHUHGDQGIRUDOOODERUPDWHULDOVVXSSOLHVHTXLSPHQWDQGLQFLGHQWDOVQHFHVVDU\WRFRPSOHWH6(59,&(6 7KH&2168/7$17VKDOOFRQIRUPWRDOODSSOLFDEOHSRUWLRQVRI&)53DUW www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, DQG)L[HG)HH 3UR¿W 7KH&2168/7$17VKDOOEHSDLGE\WKH$*(1&<IRUZRUNGRQHEDVHGXSRQWKH negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this $*5((0(177KHVHQHJRWLDWHGKRXUO\UDWHVZLOOEHDFFHSWHGEDVHGRQDUHYLHZRIWKH&2168/7$17¶V GLUHFWODERUUDWHVDQGLQGLUHFWFRVWUDWHFRPSXWDWLRQVDQGDJUHHGXSRQ¿[HGIHH7KHDFFHSWHGQHJRWLDWHG UDWHVVKDOOEHPHPRULDOL]HGLQD¿QDOZULWWHQDFNQRZOHGJHPHQWEHWZHHQWKHSDUWLHV6XFK¿QDOZULWWHQ acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted QHJRWLDWHGUDWHVVKDOOEHDSSOLFDEOHIURPWKHDSSURYDOGDWHDVPHPRULDOL]HGLQD¿QDOZULWWHQDFNQRZOHGJHPHQW WRGD\VIROORZLQJWKH&2168/7$17¶V¿VFDO\HDUHQG )<( GDWH 7KHGLUHFW UDZ ODERUUDWHVDQGFODVVL¿FDWLRQVDVVKRZQRQ([KLELWV³'´DQG³(´VKDOOEHVXEMHFWWR UHQHJRWLDWLRQVIRUHDFKVXEVHTXHQWWZHOYH PRQWKSHULRG GD\VIROORZLQJ)<(GDWHWRGD\V IROORZLQJ)<(GDWH XSRQZULWWHQUHTXHVWRIWKH&2168/7$17RUWKH$*(1&<7KHZULWWHQUHTXHVWPXVW EHPDGHWRWKHRWKHUSDUW\ZLWKLQQLQHW\ GD\VIROORZLQJWKH&2168/7$17¶V)<(GDWH,IQRVXFKZULWWHQ UHTXHVWLVPDGHWKHFXUUHQWGLUHFW UDZ ODERUUDWHVDQGFODVVL¿FDWLRQVDVVKRZQRQ([KLELWV³'´DQG³(´ will remain in effect for the twelve (12) month period. &RQYHUVHO\LIDWLPHO\UHTXHVWLVPDGHLQWKHPDQQHUVHWIRUWKDERYHWKHSDUWLHVZLOOFRPPHQFHQHJRWLDWLRQV WRGHWHUPLQHWKHQHZGLUHFW UDZ ODERUUDWHVDQGFODVVL¿FDWLRQVWKDWZLOOEHDSSOLFDEOHIRUWKHWZHOYH PRQWKSHULRG$Q\DJUHHGWRUHQHJRWLDWHGUDWHVVKDOOEHPHPRULDOL]HGLQD¿QDOZULWWHQDFNQRZOHGJHPHQW EHWZHHQWKHSDUWLHV6XFK¿QDOZULWWHQDFNQRZOHGJHPHQWVKDOOEHLQFRUSRUDWHGLQWRDQGEHFRPHDSDUWRIWKLV $*5((0(17,IUHTXHVWHGWKH&2168/7$17VKDOOSURYLGHFXUUHQWSD\UROOUHJLVWHUDQGFODVVL¿FDWLRQVWRDLG LQQHJRWLDWLRQV,IWKHSDUWLHVFDQQRWUHDFKDQDJUHHPHQWRQWKHGLUHFW UDZ ODERUUDWHVDQGFODVVL¿FDWLRQVWKH $*(1&<VKDOOSHUIRUPDQDXGLWRIWKH&2168/7$17¶VERRNVDQGUHFRUGVWRGHWHUPLQHWKH&2168/7$17¶V DFWXDOFRVWV7KHDXGLW¿QGLQJVZLOOHVWDEOLVKWKHGLUHFW UDZ ODERUUDWHVDQGFODVVL¿FDWLRQVWKDWZLOOEH applicable for the twelve (12) month period. 7KH¿[HGIHHDVLGHQWL¿HGLQ([KLELWV³'´DQG³(´VKDOOUHSUHVHQWDYDOXHWREHDSSOLHGWKURXJKRXWWKHOLIH of the AGREEMENT. 7KH&2168/7$17VKDOOVXEPLWDQQXDOO\WRWKH$*(1&<DQXSGDWHGLQGLUHFWFRVWUDWHZLWKLQGD\VRIWKH FORVHRILWV¿VFDO\HDU$QDSSURYHGXSGDWHGLQGLUHFWFRVWUDWHVKDOOEHLQFOXGHGLQWKHFXUUHQW¿VFDO\HDUUDWHV under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates ZLOOEHDSSOLFDEOHIRUWKHWZHOYH PRQWKSHULRG$WWKH$*(1&<¶VRSWLRQDSURYLVLRQDODQGRUFRQGLWLRQDO indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional RUFRQGLWLRQDOSHULRGZLOOQRWEHDGMXVWHG7KH&2168/7$17PD\UHTXHVWDQH[WHQVLRQRIWKHODVWDSSURYHG LQGLUHFWFRVWUDWHIRUWKHWZHOYH PRQWKSHULRG7KHVHUHTXHVWVIRUSURYLVLRQDOLQGLUHFWFRVWUDWHDQGRU H[WHQVLRQZLOOEHFRQVLGHUHGRQDFDVHE\FDVHEDVLVDQGLIJUDQWHGZLOOEHPHPRULDOL]HGLQD¿QDOZULWWHQ acknowledgement. 7KH&2168/7$17VKDOOPDLQWDLQDQGKDYHDFFHVVLEOHVXSSRUWGDWDIRUYHUL¿FDWLRQRIWKHFRPSRQHQWVRIWKH KRXUO\UDWHVLHGLUHFW UDZ ODERULQGLUHFWFRVWUDWHDQG¿[HGIHH SUR¿W SHUFHQWDJH7KH&2168/7$17 VKDOOELOOHDFKHPSOR\HH¶VDFWXDOFODVVL¿FDWLRQDQGDFWXDOVDODU\SOXVLQGLUHFWFRVWUDWHSOXV¿[HGIHH Agreement Number: LA 7963 138 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14 Revised 4/10/2015 B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the :6'27¶V$FFRXQWLQJ0DQXDO0&KDSWHU±7UDYHO5XOHVDQG3URFHGXUHVDQGDOOUHYLVLRQVWKHUHWR Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) 3DUW³7UDYHO&RVWV´7KHELOOLQJIRU'LUHFW1RQVDODU\&RVWVVKDOOLQFOXGHDQLWHPL]HGOLVWLQJRIWKH FKDUJHVGLUHFWO\LGHQWL¿DEOHZLWKWKHVH6(59,&(67KH&2168/7$17VKDOOPDLQWDLQWKHRULJLQDOVXSSRUWLQJ GRFXPHQWVLQWKHLURI¿FH&RSLHVRIWKHRULJLQDOVXSSRUWLQJGRFXPHQWVVKDOOEHVXSSOLHGWRWKH67$7(XSRQ UHTXHVW$OODERYHFKDUJHVPXVWEHQHFHVVDU\IRUWKH6(59,&(6SURYLGHGXQGHUWKLV$*5((0(17 C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates HVWDEOLVKHGLQ([KLELW³'´LQFOXGLQJQDPHVDQGFODVVL¿FDWLRQVRIDOOHPSOR\HHVDQGELOOLQJVIRUDOOGLUHFWQRQ VDODU\H[SHQVHV7RSURYLGHDPHDQVRIYHULI\LQJWKHELOOHGVDODU\FRVWVIRUWKH&2168/7$17¶VHPSOR\HHV the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be PDGHSURPSWO\XSRQLWVYHUL¿FDWLRQE\WKH$*(1&<DIWHUWKHFRPSOHWLRQRIWKH6(59,&(6XQGHUWKLV AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other UHODWHGGRFXPHQWVZKLFKDUHUHTXLUHGWREHIXUQLVKHGXQGHUWKLV$*5((0(17$FFHSWDQFHRIVXFK)LQDO Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT PD\KDYHDJDLQVWWKH$*(1&<XQOHVVVXFKFODLPVDUHVSHFL¿FDOO\UHVHUYHGLQZULWLQJDQGWUDQVPLWWHGWRWKH AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time RI¿QDODXGLWDOOUHTXLUHGDGMXVWPHQWVZLOOEHPDGHDQGUHÀHFWHGLQD¿QDOSD\PHQW,QWKHHYHQWWKDWVXFK ¿QDODXGLWUHYHDOVDQRYHUSD\PHQWWRWKH&2168/7$17WKH&2168/7$17ZLOOUHIXQGVXFKRYHUSD\PHQW WRWKH$*(1&<ZLWKLQWKLUW\ FDOHQGDUGD\VRIQRWLFHRIWKHRYHUSD\PHQW6XFKUHIXQGVKDOOQRW FRQVWLWXWHDZDLYHUE\WKH&2168/7$17IRUDQ\FODLPVUHODWLQJWRWKHYDOLGLW\RID¿QGLQJE\WKH$*(1&< RIRYHUSD\PHQW3HU:6'27¶V³$XGLW*XLGHIRU&RQVXOWDQWV´&KDSWHU³5HVROXWLRQ3URFHGXUHV´WKH &2168/7$17KDVWZHQW\ ZRUNLQJGD\VDIWHUUHFHLSWRIWKH¿QDO3RVW$XGLWWREHJLQWKHDSSHDOSURFHVVWR WKH$*(1&<IRUDXGLW¿QGLQJV F. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection E\UHSUHVHQWDWLYHVRIWKH$*(1&<DQGWKH8QLWHG6WDWHVIRUDSHULRGRIVL[ \HDUVDIWHUUHFHLSWRI¿QDO payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the 6WDWH$XGLWRU:6'27¶V,QWHUQDO$XGLW2I¿FHDQGRUDWWKHUHTXHVWRIWKH$*(1&<¶V3URMHFW0DQDJHU Agreement Number: LA 7963 139 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14 Revised 4/10/2015 VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. 7KH6(59,&(6RIWKHVXEFRQVXOWDQWVKDOOQRWH[FHHGLWVPD[LPXPDPRXQWSD\DEOHLGHQWL¿HGLQHDFKVXE consultant cost estimate unless a prior written approval has been issued by the AGENCY. $OOUHLPEXUVDEOHGLUHFWODERULQGLUHFWFRVWUDWHGLUHFWQRQVDODU\FRVWVDQG¿[HGIHHFRVWVIRUWKHVXEFRQVXOWDQW shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be PHPRULDOL]HGLQD¿QDOZULWWHQDFNQRZOHGJHPHQWEHWZHHQWKHSDUWLHV $OOVXEFRQWUDFWVVKDOOFRQWDLQDOODSSOLFDEOHSURYLVLRQVRIWKLV$*5((0(17DQGWKH&2168/7$17VKDOOUHTXLUH each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With UHVSHFWWRVXEFRQVXOWDQWSD\PHQWWKH&2168/7$17VKDOOFRPSO\ZLWKDOODSSOLFDEOHVHFWLRQVRIWKH67$7(¶V 3URPSW3D\PHQWODZVDVVHWIRUWKLQ5&: DQG5&: The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable UHTXLUHPHQWVRI &)53DUWLQWKHDZDUGDQGDGPLQLVWUDWLRQRI'27DVVLVWHGFRQWUDFWV)DLOXUHE\WKH &2168/7$17WRFDUU\RXWWKHVHUHTXLUHPHQWVLVDPDWHULDOEUHDFKRIWKLV$*5((0(17ZKLFKPD\UHVXOWLQWKH termination of this AGREEMENT or such other remedy as the recipient deems appropriate. 9,, (PSOR\PHQWDQG2UJDQL]DWLRQDO&RQÀLFWRI,QWHUHVW The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona ¿GHHPSOR\HHZRUNLQJVROHO\IRUWKH&2168/7$17WRVROLFLWRUVHFXUHWKLVFRQWUDFWDQGWKDWLWKDVQRWSDLGRU DJUHHGWRSD\DQ\FRPSDQ\RUSHUVRQRWKHUWKDQDERQD¿GHHPSOR\HHZRUNLQJVROHO\IRUWKH&2168/7$17DQ\ fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work RUVHUYLFHVUHTXLUHGRIWKH&2168/7$17XQGHUWKLV$*5((0(17VKDOOEHFRQVLGHUHGHPSOR\HHVRIWKH &2168/7$17RQO\DQGQRWRIWKH$*(1&<DQGDQ\DQGDOOFODLPVWKDWPD\DULVHXQGHUDQ\:RUNPHQ¶V Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made E\DWKLUGSDUW\DVDFRQVHTXHQFHRIDQ\DFWRURPLVVLRQRQWKHSDUWRIWKH&2168/7$17¶VHPSOR\HHVRURWKHU persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: LA 7963 140 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14 Revised 4/10/2015 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 86&&KDSWHU6XEFKDSWHU9G WKURXJKGD )HGHUDODLG+LJKZD\$FWRI 86&&KDSWHU 5HKDELOLWDWLRQ$FWRI 86&&KDSWHU6XEFKDSWHU9 $JH'LVFULPLQDWLRQ$FWRI 86&&KDSWHUet. seq.) &LYLO5LJKWV5HVWRUDWLRQ$FWRI 3XEOLF/DZ $PHULFDQZLWK'LVDELOLWLHV$FWRI 86&&KDSWHUet. seq.) &)53DUW • 49 CFR Part 21 • 49 CFR Part 26 5&: In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in HYHU\VXEFRQWUDFWLQFOXGLQJSURFXUHPHQWRIPDWHULDOVDQGOHDVHVRIHTXLSPHQWXQOHVVH[HPSWE\WKH5HJXODWLRQV or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten GD\VZULWWHQQRWLFHWRWKH&2168/7$17 In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the &2168/7$17D¿QDOSD\PHQWVKDOOEHPDGHWRWKH&2168/7$17IRUDFWXDOKRXUVFKDUJHGDWWKHWLPHRI termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. 1RSD\PHQWVKDOOEHPDGHIRUDQ\6(59,&(6FRPSOHWHGDIWHUWHQ GD\VIROORZLQJUHFHLSWE\WKH CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this VHFWLRQWKHQQR¿QDOSD\PHQWVKDOOEHGXHDQGWKH&2168/7$17VKDOOLPPHGLDWHO\UHLPEXUVHWKH$*(1&<IRU any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES WRWKHGDWHRIWHUPLQDWLRQWKHDPRXQWRI6(59,&(6RULJLQDOO\UHTXLUHGZKLFKZDVVDWLVIDFWRULO\FRPSOHWHGWR date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of WHUPLQDWLRQWKHFRVWWRWKH$*(1&<RIHPSOR\LQJDQRWKHU¿UPWRFRPSOHWHWKH6(59,&(6UHTXLUHGDQGWKH WLPHZKLFKPD\EHUHTXLUHGWRGRVRDQGRWKHUIDFWRUVZKLFKDIIHFWWKHYDOXHWRWKH$*(1&<RIWKH6(59,&(6 performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. ,ILWLVGHWHUPLQHGIRUDQ\UHDVRQWKDWWKH&2168/7$17ZDVQRWLQGHIDXOWRUWKDWWKH&2168/7$17¶VIDLOXUHWR SHUIRUPLVZLWKRXWWKH&2168/7$17¶VRULWVHPSOR\HH¶VIDXOWRUQHJOLJHQFHWKHWHUPLQDWLRQVKDOOEHGHHPHGWR be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Agreement Number: LA 7963 141 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14 Revised 4/10/2015 7KH&2168/7$17VKDOOZLWKLQGD\VQRWLI\WKH$*(1&<LQZULWLQJLQWKHHYHQWRIWKHGHDWKRIDQ\PHPEHU SDUWQHURURI¿FHURIWKH&2168/7$17RUWKHGHDWKRUFKDQJHRIDQ\RIWKH&2168/7$17¶VVXSHUYLVRU\DQGRU RWKHUNH\SHUVRQQHODVVLJQHGWRWKHSURMHFWRUGLVDI¿OLDWLRQRIDQ\SULQFLSDOO\LQYROYHG&2168/7$17HPSOR\HH 7KH&2168/7$17VKDOODOVRQRWLI\WKH$*(1&<LQZULWLQJLQWKHHYHQWRIWKHVDOHRUWUDQVIHURIRU PRUHRIWKHEHQH¿FLDORZQHUVKLSRIWKH&2168/7$17ZLWKLQGD\VRIVXFKVDOHRUWUDQVIHURFFXUULQJ7KH CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) RIWKLV$*5((0(17,IWHUPLQDWLRQIRUFRQYHQLHQFHRFFXUV¿QDOSD\PHQWZLOOEHPDGHWRWKH&2168/7$17DV set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the &2168/7$17RUIRUIDLOXUHRIWKH&2168/7$17WRSHUIRUP6(59,&(6UHTXLUHGRILWE\WKH$*(1&< Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY ¿QGLWGHVLUDEOHIRULWVRZQSXUSRVHVWRKDYHSUHYLRXVO\VDWLVIDFWRULO\FRPSOHWHG6(59,&(6RUSDUWVWKHUHRI changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within GD\VWRWKH'LUHFWRURI3XEOLF:RUNVRU$*(1&<(QJLQHHUZKRVHGHFLVLRQLQWKHPDWWHUVKDOOEH¿QDODQG binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the 'LUHFWRURI3XEOLF:RUNVRU$*(1&<(QJLQHHU¶VGHFLVLRQWKDWGHFLVLRQVKDOOEHVXEMHFWWRMXGLFLDOUHYLHZ,IWKH parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto DJUHHWKDWDOOTXHVWLRQVVKDOOEHUHVROYHGE\DSSOLFDWLRQRI:DVKLQJWRQODZDQGWKDWWKHSDUWLHVKDYHWKHULJKWRI appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and WKHLURI¿FHUVDQGHPSOR\HHVKDUPOHVVIURPDOOFODLPVGHPDQGVRUVXLWVDWODZRUHTXLW\DULVLQJLQZKROHRULQSDUW from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the &2168/7$17¶VDJHQWVHPSOR\HHVVXEFRQVXOWDQWVVXEFRQWUDFWRUVRUYHQGRUVRIDQ\WLHURUDQ\RWKHUSHUVRQV IRUZKRPWKH&2168/7$17PD\EHOHJDOO\OLDEOH SURYLGHGWKDWQRWKLQJKHUHLQVKDOOUHTXLUHD&2168/7$17 Agreement Number: LA 7963 142 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14 Revised 4/10/2015 WRGHIHQGRULQGHPQLI\WKH67$7(DQGWKH$*(1&<DQGWKHLURI¿FHUVDQGHPSOR\HHVDJDLQVWDQGKROGKDUPOHVV WKH67$7(DQGWKH$*(1&<DQGWKHLURI¿FHUVDQGHPSOR\HHVIURPFODLPVGHPDQGVRUVXLWVEDVHGVROHO\XSRQ the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their DJHQWVRI¿FHUVHPSOR\HHVVXEFRQVXOWDQWVVXEFRQWUDFWRUVRUYHQGRUVRIDQ\WLHURUDQ\RWKHUSHUVRQVIRUZKRP the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused E\RUUHVXOWIURPWKHFRQFXUUHQWQHJOLJHQFHRI D WKH&2168/7$17RUWKH&2168/7$17¶VDJHQWVHPSOR\HHV sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally OLDEOHDQG E WKH67$7(DQGRU$*(1&<WKHLUDJHQWVRI¿FHUVHPSOR\HHVVXEFRQVXOWDQWVVXEFRQWUDFWRUVDQGRU vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense DQGLQGHPQLW\REOLJDWLRQVKDOOEHYDOLGDQGHQIRUFHDEOHRQO\WRWKHH[WHQWRIWKH&2168/7$17¶VQHJOLJHQFHRU WKHQHJOLJHQFHRIWKH&2168/7$17¶VDJHQWVHPSOR\HHVVXEFRQVXOWDQWVVXEFRQWUDFWRUVRUYHQGRUVRIDQ\WLHU or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. 7KH&2168/7$17VKDOODOVRGHIHQGLQGHPQLI\DQGKROGWKH67$7(DQGWKH$*(1&<DQGWKHLURI¿FHUV DQGHPSOR\HHVKDUPOHVVIURPDOOFODLPVGHPDQGVRUVXLWVDWODZRUHTXLW\DULVLQJLQZKROHRULQSDUWIURPWKH alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, SURSULHWDU\LQIRUPDWLRQNQRZKRZFRS\ULJKWULJKWVRULQYHQWLRQVE\WKH&2168/7$17RUWKH&2168/7$17¶V agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or FRPPXQLFDWHGWR67$7(DQGRUWKH$*(1&<WKHLUDJHQWVRI¿FHUVDQGHPSOR\HHVSXUVXDQWWRWKH$*5((0(17 provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or LQYHQWLRQVUHVXOWLQJIURP67$7(DQGRU$*(1&<¶VWKHLUDJHQWV¶RI¿FHUV¶DQGHPSOR\HHV¶IDLOXUHWRFRPSO\ ZLWKVSHFL¿FZULWWHQLQVWUXFWLRQVUHJDUGLQJXVHSURYLGHGWR67$7(DQGRU$*(1&<WKHLUDJHQWVRI¿FHUVDQG employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. 7KH&2168/7$17¶VUHODWLRQWRWKH$*(1&<VKDOOEHDWDOOWLPHVDVDQLQGHSHQGHQWFRQWUDFWRU Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and H[DPLQDWLRQE\WKH$*(1&<WKDWWKHUHLVDYLRODWLRQRIWKH(WKLFVLQ3XEOLF6HUYLFH$FW&KDSWHU5&: RU any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. 7KH&2168/7$17VSHFL¿FDOO\DVVXPHVSRWHQWLDOOLDELOLW\IRUDFWLRQVEURXJKWE\WKH&2168/7$17¶VRZQ HPSOR\HHVRULWVDJHQWVDJDLQVWWKH67$7(DQGRUWKH$*(1&<DQGVROHO\IRUWKHSXUSRVHRIWKLVLQGHPQL¿FDWLRQ DQGGHIHQVHWKH&2168/7$17VSHFL¿FDOO\ZDLYHVDQ\LPPXQLW\XQGHUWKHVWDWHLQGXVWULDOLQVXUDQFHODZ7LWOH RCW. This waiver has been mutually negotiated by the Parties. 8QOHVVRWKHUZLVHVSHFL¿HGLQWKLV$*5((0(17WKH$*(1&<VKDOOEHUHVSRQVLEOHIRUDGPLQLVWUDWLRQRI construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper FRQVWUXFWLRQWHFKQLTXHVMREVLWHVDIHW\RUDQ\FRQVWUXFWLRQFRQWUDFWRU¶VIDLOXUHWRSHUIRUPLWVZRUNLQDFFRUGDQFH with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise UHTXLUHGWKHIROORZLQJLQVXUDQFHZLWKFRPSDQLHVRUWKURXJKVRXUFHVDSSURYHGE\WKH6WDWH,QVXUDQFH Commissioner pursuant to Title 48 RCW. Agreement Number: LA 7963 143 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14 Revised 4/10/2015 Insurance Coverage $ :RUNHU¶VFRPSHQVDWLRQDQGHPSOR\HU¶VOLDELOLW\LQVXUDQFHDVUHTXLUHGE\WKH67$7( % &RPPHUFLDOJHQHUDOOLDELOLW\LQVXUDQFHZULWWHQXQGHU,62)RUP&*RULWVHTXLYDOHQWZLWKPLQLPXP OLPLWVRIRQHPLOOLRQGROODUV SHURFFXUUHQFHDQGWZRPLOOLRQGROODUV LQWKH aggregate for each policy period. & %XVLQHVVDXWROLDELOLW\LQVXUDQFHZULWWHQXQGHU,62)RUP&*RUHTXLYDOHQWSURYLGLQJFRYHUDJHIRU DQ\³$XWR´ 6\PERO XVHGLQDQDPRXQWQRWOHVVWKDQDRQHPLOOLRQGROODU FRPELQHGVLQJOH limit for each occurrence. ([FHSWLQJWKH:RUNHU¶V&RPSHQVDWLRQ,QVXUDQFHDQGDQ\3URIHVVLRQDO/LDELOLW\,QVXUDQFHWKH67$7(DQG $*(1&<WKHLURI¿FHUVHPSOR\HHVDQGDJHQWVZLOOEHQDPHGRQDOOSROLFLHVRI&2168/7$17DQGDQ\VXE consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured FRYHUDJHUHTXLUHGKHUHXQGHU7KH&2168/7$17¶VDQGWKHVXEFRQVXOWDQW¶VDQGRUVXEFRQWUDFWRU¶VLQVXUHUVKDOO waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with YHUL¿FDWLRQRILQVXUDQFHDQGHQGRUVHPHQWVUHTXLUHGE\WKLV$*5((0(177KH$*(1&<UHVHUYHVWKHULJKWWR UHTXLUHFRPSOHWHFHUWL¿HGFRSLHVRIDOOUHTXLUHGLQVXUDQFHSROLFLHVDWDQ\WLPH All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. 7KH&2168/7$17VKDOOVXEPLWDYHUL¿FDWLRQRILQVXUDQFHDVRXWOLQHGDERYHZLWKLQIRXUWHHQ GD\VRIWKH execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: 1RFDQFHOODWLRQRIWKHIRUHJRLQJSROLFLHVVKDOOEHHIIHFWLYHZLWKRXWWKLUW\ GD\VSULRUQRWLFHWRWKH$*(1&< 7KH&2168/7$17¶VSURIHVVLRQDOOLDELOLW\WRWKH$*(1&<LQFOXGLQJWKDWZKLFKPD\DULVHLQUHIHUHQFHWR section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the DXWKRUL]HG$*5((0(17RURQHPLOOLRQGROODUV ZKLFKHYHULVJUHDWHUXQOHVVWKHOLPLWRIOLDELOLW\ LVLQFUHDVHGE\WKH$*(1&<SXUVXDQWWR([KLELW+,QQRFDVHVKDOOWKH&2168/7$17¶VSURIHVVLRQDOOLDELOLW\WR third parties be limited in any way. 7KHSDUWLHVHQWHULQWRWKLV$*5((0(17IRUWKHVROHEHQH¿WRIWKHSDUWLHVDQGWRWKHH[FOXVLRQRIDQ\WKLUGSDUW\ DQGQRWKLUGSDUW\EHQH¿FLDU\LVLQWHQGHGRUFUHDWHGE\WKHH[HFXWLRQRIWKLV$*5((0(17 The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: LA 7963 Eric Connor City of Kent 220 4th Ave. S. Kent WA 98032 EConnor@KentWA.gov (253) 856-5533 (253) 856-6500 144 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14 Revised 4/10/2015 XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. % ,IDQ\VXFKFKDQJHFDXVHVDQLQFUHDVHRUGHFUHDVHLQWKHHVWLPDWHGFRVWRIRUWKHWLPHUHTXLUHGIRUSHUIRUPDQFH of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise DIIHFWVDQ\RWKHUWHUPVDQGFRQGLWLRQVRIWKLV$*5((0(17WKH$*(1&<VKDOOPDNHDQHTXLWDEOHDGMXVWPHQW LQWKH PD[LPXPDPRXQWSD\DEOH GHOLYHU\RUFRPSOHWLRQVFKHGXOHRUERWK DQG RWKHUDIIHFWHGWHUPV and shall modify this AGREEMENT accordingly. & 7KH&2168/7$17PXVWVXEPLWDQ\³UHTXHVWIRUHTXLWDEOHDGMXVWPHQW´KHUHDIWHUUHIHUUHGWRDV³&/$,0´ XQGHUWKLVFODXVHZLWKLQWKLUW\ GD\VIURPWKHGDWHRIUHFHLSWRIWKHZULWWHQRUGHU+RZHYHULIWKH$*(1&< GHFLGHVWKDWWKHIDFWVMXVWLI\LWWKH$*(1&<PD\UHFHLYHDQGDFWXSRQD&/$,0VXEPLWWHGEHIRUH¿QDO payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for WKLV$*5((0(17VKDOOQRWEHLQFUHDVHGRUFRQVLGHUHGWREHLQFUHDVHGH[FHSWE\VSHFL¿FZULWWHQVXSSOHPHQW to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. ;9, &HUWL¿FDWLRQRIWKH&RQVXOWDQWDQGWKH$JHQF\ $WWDFKHGKHUHWRDV([KLELW³* DDQGE ´DUHWKH&HUWL¿FDWLRQVRIWKH&2168/7$17DQGWKH$*(1&<([KLELW ³*´&HUWL¿FDWLRQ5HJDUGLQJ'HEDUPHQW6XVSHQVLRQDQG2WKHU5HVSRQVLELOLW\0DWWHUV3ULPDU\&RYHUHG 7UDQVDFWLRQV([KLELW³*´&HUWL¿FDWLRQ5HJDUGLQJWKH5HVWULFWLRQVRIWKH8VHRI)HGHUDO)XQGVIRU/REE\LQJ DQG([KLELW³*´&HUWL¿FDWHRI&XUUHQW&RVWRU3ULFLQJ'DWD([KLELW³*´LVUHTXLUHGRQO\LQ$*5((0(17¶V RYHURQHKXQGUHGWKRXVDQGGROODUV DQG([KLELW³*´LVUHTXLUHGRQO\LQ$*5((0(17¶VRYHU ¿YHKXQGUHGWKRXVDQGGROODUV 7KHVH([KLELWVPXVWEHH[HFXWHGE\WKH&2168/7$17DQG submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General 5HTXLUHPHQWV´SULRUWRLWVSHUIRUPDQFHRIDQ\6(59,&(6XQGHUWKLV$*5((0(17 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or PRGL¿FDWLRQVRIWKHWHUPVKHUHRIVKDOOEHYDOLGXQOHVVUHGXFHGWRZULWLQJDQGVLJQHGE\WKHSDUWLHVDVDVXSSOHPHQW to this AGREEMENT. Agreement Number: LA 7963 145 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14 Revised 4/10/2015 XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, UHSUHVHQWDWLRQVZDUUDQWLHVFRYHQDQWVDQG$*5((0(17¶VFRQWDLQHGLQWKHSURSRVDODQGWKHVXSSRUWLQJPDWHULDO submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. ;,; 3URWHFWLRQRI&RQ¿GHQWLDO,QIRUPDWLRQ The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt IURPGLVFORVXUHWRWKHSXEOLFRURWKHUXQDXWKRUL]HGSHUVRQVXQGHUHLWKHUFKDSWHU5&:RURWKHUORFDOVWDWH RUIHGHUDOVWDWXWHV ³6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQ´ 7KH³6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQ´LQFOXGHVEXWLV QRWOLPLWHGWRQDPHVDGGUHVVHV6RFLDO6HFXULW\QXPEHUVHPDLODGGUHVVHVWHOHSKRQHQXPEHUV¿QDQFLDOSUR¿OHV FUHGLWFDUGLQIRUPDWLRQGULYHU¶VOLFHQVHQXPEHUVPHGLFDOGDWDODZHQIRUFHPHQWUHFRUGV RUDQ\RWKHULQIRUPDWLRQ LGHQWL¿DEOHWRDQLQGLYLGXDO 67$7(DQG$*(1&<VRXUFHFRGHRUREMHFWFRGH67$7(DQG$*(1&<VHFXULW\ GDWDQRQSXEOLF6SHFL¿FDWLRQV67$7(DQG$*(1&<QRQSXEOLFO\DYDLODEOHGDWDSURSULHWDU\VRIWZDUH67$7( and AGENCY security data, or information which may jeopardize any part of the project that relates to any of WKHVHW\SHVRILQIRUPDWLRQ7KH&2168/7$17DJUHHVWRKROGWKH6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQLQVWULFWHVW FRQ¿GHQFHDQGQRWWRPDNHXVHRIWKH6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQIRUDQ\SXUSRVHRWKHUWKDQWKHSHUIRUPDQFH RIWKLV$*5((0(17WRUHOHDVHLWRQO\WRDXWKRUL]HGHPSOR\HHVVXEFRQVXOWDQWVRUVXEFRQWUDFWRUVUHTXLULQJVXFK information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, VHOOGLVFORVHRURWKHUZLVHPDNHLWNQRZQWRDQ\RWKHUSDUW\ZLWKRXWWKH$*(1&<¶VH[SUHVVZULWWHQFRQVHQW or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and PDQDJHULDOVDIHJXDUGVWRSUHYHQWXQDXWKRUL]HGDFFHVVWRWKH6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQ ,PPHGLDWHO\XSRQH[SLUDWLRQRUWHUPLQDWLRQRIWKLV$*5((0(17WKH&2168/7$17VKDOODWWKH$*(1&<¶V RSWLRQ L FHUWLI\WRWKH$*(1&<WKDWWKH&2168/7$17KDVGHVWUR\HGDOORIWKH6WDWH¶V&RQ¿GHQWLDO ,QIRUPDWLRQ RU LL UHWXUQHGDOORIWKH6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQWRWKH$*(1&< RU LLL WDNHZKDWHYHURWKHU VWHSVWKH$*(1&<UHTXLUHVRIWKH&2168/7$17WRSURWHFWWKH6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQ $VUHTXLUHGXQGHU([HFXWLYH2UGHUWKH&2168/7$17VKDOOPDLQWDLQDORJGRFXPHQWLQJWKHIROORZLQJ WKH6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQUHFHLYHGLQWKHSHUIRUPDQFHRIWKLV$*5((0(17 WKHSXUSRVH V IRUZKLFK WKH6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQZDVUHFHLYHG ZKRUHFHLYHGPDLQWDLQHGDQGXVHGWKH6WDWH¶V&RQ¿GHQWLDO ,QIRUPDWLRQ DQGWKH¿QDOGLVSRVLWLRQRIWKH6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQ7KH&2168/7$17¶VUHFRUGVVKDOO be subject to inspection, review, or audit upon reasonable notice from the AGENCY. 7KH$*(1&<UHVHUYHVWKHULJKWWRPRQLWRUDXGLWRULQYHVWLJDWHWKHXVHRIWKH6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQ FROOHFWHGXVHGRUDFTXLUHGE\WKH&2168/7$17WKURXJKWKLV$*5((0(177KHPRQLWRULQJDXGLWLQJRU investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of WKLV$*5((0(17DQGGHPDQGIRUUHWXUQRIDOO6WDWH¶V&RQ¿GHQWLDO,QIRUPDWLRQPRQHWDU\GDPDJHVRUSHQDOWLHV It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which LVSURSULHWDU\DQGRUFRQ¿GHQWLDOGXULQJWKHWHUPRIWKLV$*5((0(177KHSDUWLHVDJUHHWRPDLQWDLQWKH FRQ¿GHQWLDOLW\RIVXFKLQIRUPDWLRQGXULQJWKHWHUPRIWKLV$*5((0(17DQGDIWHUZDUGV$OOPDWHULDOVFRQWDLQLQJ VXFKSURSULHWDU\DQGRUFRQ¿GHQWLDOLQIRUPDWLRQVKDOOEHFOHDUO\LGHQWL¿HGDQGPDUNHGDV³&RQ¿GHQWLDO´DQGVKDOO be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: LA 7963 146 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14 Revised 4/10/2015 7KH&2168/7$17VKDOOSURYLGHWKH$*(1&<ZLWKDOLVWRIDOOLQIRUPDWLRQDQGPDWHULDOVLWFRQVLGHUVFRQ¿GHQWLDO and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such FRQ¿GHQWLDORUSURSULHWDU\PDWHULDOLVGHYHORSHG³3URSULHWDU\DQGRUFRQ¿GHQWLDOLQIRUPDWLRQ´LVQRWPHDQWWR include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by XQDI¿OLDWHGWKLUGSDUWLHVHQJDJHGLQWKHVDPHEXVLQHVVRUEXVLQHVVHVDVWKH&2168/7$17 The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure ODZV$VVXFKWKH$*(1&<VKDOOPDLQWDLQWKHFRQ¿GHQWLDOLW\RIDOOVXFKLQIRUPDWLRQPDUNHGSURSULHWDU\DQG RUFRQ¿GHQWLDORURWKHUZLVHH[HPSWXQOHVVVXFKGLVFORVXUHLVUHTXLUHGXQGHUDSSOLFDEOHVWDWHRUIHGHUDOODZ,ID SXEOLFGLVFORVXUHUHTXHVWLVPDGHWRYLHZPDWHULDOVLGHQWL¿HGDV³3URSULHWDU\DQGRUFRQ¿GHQWLDOLQIRUPDWLRQ´RU RWKHUZLVHH[HPSWLQIRUPDWLRQWKH$*(1&<ZLOOQRWLI\WKH&2168/7$17RIWKHUHTXHVWDQGRIWKHGDWHWKDWVXFK UHFRUGVZLOOEHUHOHDVHGWRWKHUHTXHVWHUXQOHVVWKH&2168/7$17REWDLQVDFRXUWRUGHUIURPDFRXUWRIFRPSHWHQW jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the $*(1&<ZLOOUHOHDVHWKHUHTXHVWHGLQIRUPDWLRQRQWKHGDWHVSHFL¿HG The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that PD\LQFOXGHDVXEFRQVXOWDQW¶VSURSULHWDU\DQGRUFRQ¿GHQWLDOLQIRUPDWLRQ7KH&2168/7$17QRWL¿FDWLRQWRWKH VXEFRQVXOWDQWZLOOLQFOXGHWKHGDWHWKDWVXFKUHFRUGVZLOOEHUHOHDVHGE\WKH$*(1&<WRWKHUHTXHVWHUDQGVWDWH that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure WKH$*(1&<ZLOOUHOHDVHWKHUHTXHVWHGLQIRUPDWLRQ,IWKH&2168/7$17DQGRUVXEFRQVXOWDQWIDLOWRREWDLQ a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, OLDELOLWLHVRUFRVWVDVVRFLDWHGZLWKWKH$*(1&<¶VVDLGGLVFORVXUHRIVXEFRQVXOWDQWV¶LQIRUPDWLRQ XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years IURPWKHGDWHRI¿QDOSD\PHQWWRWKH&2168/7$17WKH&2168/7$17VKDOONHHSUHWDLQDQGPDLQWDLQDOO “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” SHUWDLQLQJWRWKH6(59,&(6SURYLGHGKHUHXQGHUVKDOOEHPDGHDYDLODEOHIRUUHYLHZDWWKH&2168/7$17¶VSODFH of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until DOOOLWLJDWLRQFODLPVRUDXGLW¿QGLQJVKDYHEHHQUHVROYHGHYHQWKRXJKVXFKOLWLJDWLRQFODLPRUDXGLWFRQWLQXHVSDVW the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: LA 7963 147 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14 Revised 4/10/2015 For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup WDSHVVPDUWSKRQHVWKXPEGULYHV&'V'9'VÀRSS\GLVNVZRUNFRPSXWHUVFHOOSKRQHVODSWRSVRUDQ\RWKHU electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. ³1DWLYH¿OHV´DUHDVXEVHWRI(6,DQGUHIHUWRWKHHOHFWURQLFIRUPDWRIWKHDSSOLFDWLRQLQZKLFKVXFK(6,LVQRUPDOO\ FUHDWHGYLHZHGDQGRUPRGL¿HG The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. Signature Date Signature Date $Q\PRGL¿FDWLRQFKDQJHRUUHIRUPDWLRQRIWKLV$*5((0(17VKDOOUHTXLUHDSSURYDODVWRIRUPE\WKH2I¿FH RIWKH$WWRUQH\*HQHUDO Agreement Number: $JUZPG,FOU 4V[FUUF$PPLF .BZPS LA 7963 148 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014 Exhibit A Scope of Work Project No. Agreement Number: See attached. HSIP-0515 (014) LA 7963 149 KBA, Inc. November 3, 2016 U:\USERDATA\Contracts\KBA\KBA - 108th C1 - Exh A.docx 1 of 6 EXHIBIT A SCOPE OF SERVICES Construction Management Services for 108th Avenue SE (SR 515) and SE 208th Street Intersection Improvements Federal Aid Number: HSIP-0515 (014) City of Kent Project No. 12-3006 KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Kent (Agency), for the Project known as 108th Avenue SE (SR 515) and SE 208th Street Intersection Improvements (Project). These services will include consultation, Resident Engineer/field observation, and documentation, as required during the construction of the Project, as detailed below. Project Description: The project consists of installing an additional southbound to eastbound left-turn lane on SR 515 including the removal and construction of approximately 1,060 linear feet of cement concrete curb and gutter, street trees, 700 square yards of sidewalk, driveways and relocation approximately 890 square feet of rockery. Also included is channelization and traffic signal modification including loops. The Designer of Record on this project is the City of Kent (Designer). I. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract and Team Management.Provide overall day-to-day management of the consultant contract and team, including: 1. Decide on best modes and frequency of communication with Agency/Designer, and use them. Coordinate with Agency on a regular basis to discuss Project issues and status. 2. Manage Consultant Team, comprised of Consultant’s staff. Organize and layout work for Consultant Team. 3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to Agency monthly, an invoice and progress report describing Consultant Team services provided that month. Prepare and submit reporting required by funding source(s), if any. 4. Communication on consultant contractual issues and day-to-day construction activities and issues will be directly between the Consultant and the Agency. The Agency will be an active member of the Project team, consulted on design issues, and will be provided with information affecting Project progress. Deliverables x Monthly invoices and progress reports B. Preconstruction Services 1. Review Contract Documents to familiarize team with Project requirements. a. Communication and coordination between the CM Team, Agency/Designer and other stakeholders b. Project procedures and forms c. Document control system 2. Organize and lead preconstruction conference: a. Prepare and distribute notices. b. Prepare agenda. c. Conduct the meeting. 150 KBA, Inc. November 3, 2016 U:\USERDATA\Contracts\KBA\KBA - 108th C1 - Exh A.docx 2 of 6 d. Prepare and distribute meeting notes to attendees and affected agencies. 3. Provide one set of preconstruction photographs and video. Deliverables x Preconstruction Conference Notice, Agenda, and Notes x Preconstruction photos, digital files on electronic storage medium C. Construction Phase Services – Contract Administration 1. Liaison with the Agency/Designer, construction contractor, appropriate agencies, property owners, and utilities. 2. Schedule Review: a. Review construction contractor’s schedules for compliance with Contract Documents. b. Monitor the construction contractor’s conformance to schedule and require revised schedules when needed. Advise Agency of schedule changes. 3. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including Agency pre-briefing. Prepare weekly meeting agenda and meeting notes, and distribute copies to attendees. Track outstanding issues on a weekly basis. 4. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents. 5. Record of Materials. Provide Record of Materials indicating anticipated material approvals, material compliance documentation, and materials testing requirements. Maintain records of material compliance documentation received and advise of any known deficiencies. 6. Prepare weekly statement of working days and distribute to the Agency and Contractor. 7. Manage RFI (Request for Information) process. Track and review/evaluate, or cause to be reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs. 8. Change Management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 9. Monthly Pay Requests. Prepare monthly requests for payment and/or review payment requests submitted by the construction contractor. Review with Agency and construction contractor, and recommend approval, as appropriate. 10. Evaluate construction contractor’s Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 11. Prevailing Wage Monitoring: a. Monitor Payroll Compliance. Review Statements of Intent to Pay Prevailing Wage against the Contract Document requirements. Collect, record, and check weekly certified payrolls and conduct on-site wage interviews, both at a frequency documented in the CM Plan. 12. Assist the Agency in the investigation of malfunctions or failures during construction. 13. Public Information. Provide information for Agency to prepare media communications and public notices on Project status. Provide information for Agency’s inclusion into a Project website and/or newsletters, if requested. 14. Record Drawings. Review not less than monthly, the construction contractor’s redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, 151 KBA, Inc. November 3, 2016 U:\USERDATA\Contracts\KBA\KBA - 108th C1 - Exh A.docx 3 of 6 location of discovered anomalies and other items, as encountered by the CM team. Use these markups to check the progress of the Contractor-prepared Record Drawings. 15. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. 16. Project Closeout. Prepare Letters of Substantial (including punch list), Physical, and Final Completion for Agency approval and signature. Prepare final pay estimate for Agency approval and processing. Agency Deliverables x Schedule Review Comments x Meeting Agendas and Notes x Weekly Statement of Working Days x Submittal Log x Record of Materials x RFI Log x Change Order(s) x Certificates of Completion D. Construction Phase Services – Field 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, Agency, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant’s personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the Agency of any non-conforming work observed during site visits. 3. Prepare daily construction reports, recording the construction contractor’s operations as actually observed by the Consultant; includes quantities of work placed that day, contractor’s equipment and crews, and other pertinent information. 4. Interpret Contract Documents, in coordination with Designer. 5. Evaluate issues which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare field records and documents to help assure the Project is administered in accordance with funding agency requirements. 9. Attend and actively participate in regular on-site meetings. 10. Take periodic digital photographs during the course of construction. Photographs to be labeled and organized as detailed in the CM Plan. 11. Punch List. Upon substantial completion of work, coordinate with the Agency and affected agencies, to prepare a ‘punch list’ of items to be completed or corrected. Coordinate final inspection with those agencies. 152 KBA, Inc. November 3, 2016 U:\USERDATA\Contracts\KBA\KBA - 108th C1 - Exh A.docx 4 of 6 Deliverables x Inspector Daily Construction Reports with Project photos – submitted on a weekly basis x Punch List(s) E. Assumptions 1. Budget: a. Staffing levels are anticipated in accordance with the attached Exhibit D - Estimate. This is intended to span the pre-construction period and the construction duration for this Project of 105 contractor working days, plus minimal time allotted for Project setup and closeout. Overtime has not been figured into the budget. b. Consultant will work up to the limitations of the authorized budget. If additional budget is needed to cover such instances as the following, Agency and Consultant will negotiate a supplement to this Agreement: i. The level of effort changes from what is estimated in the attached Exhibit D and Exhibit E. ii. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms as outlined in Section V.A.2 of the LAG Agreement. iii. Any added scope tasks. iv. The work is anticipated to be performed during daytime hours. Should night work be necessary, a 15 percent shift differential for labor will be applied to all night shift hours worked. c. The budget allocations shown in Exhibit D are itemized to aid in Project tracking purposes only. The budget may be transferred between people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. d. Exhibit D – Estimate was prepared using an averaged bill rate for each job classification. Consultant will invoice actual direct salary cost (DSC) rates for assigned project staff. Actual bill rates will not exceed the not-to-exceed (NTE) rates shown in Exhibit D. e. The budget assumes that Consultant’s standard forms, logs, and processes will be used. Any customization to meet specialized Agency requirements will be Extra Work. 2. Items and Services Agency will provide: a. Meeting arrangements and facilities for pre-construction meetings. Prepare and distribute meeting notes from pre-bid meeting(s), if any. b. Office space within Agency offices, to include: i. Work station (desk, chair, and storage) for one staff ii. Conference table and chairs iii. access to combination printer/copier/scanner machine with these capabilities: 11x17 size, color iv. hi-speed data connection (minimum 2-GB upload speed) v. miscellaneous office supplies vi. utilities and sanitary facilities c. Document Control. City to provide project administration. d. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. e. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. 153 KBA, Inc. November 3, 2016 U:\USERDATA\Contracts\KBA\KBA - 108th C1 - Exh A.docx 5 of 6 f. Verify that the required permits, bonds, and insurance have been obtained and submitted by the construction contractor. Obtain all permits not required to be provided by construction contractor. g. Construction Survey. Provide project control survey and staking that is not already assigned to the construction contractor. 3. Scope: a. Consultant will provide observation services for the days/hours that its’ Resident Engineer/Inspector(s) personnel is/are on site. The RE/inspector will not be able to observe or report construction activities, or collect documentation, during the time they are not on-site. b. The Consultant’s monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non-conforming work and pursue the other remedies in the interests of the Agency, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor’s performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or Agency’s expectations. c. Definitions and Roles. The use of the term “inspect” in relation to Consultant services is synonymous with “construction observation, and reference to the “Inspector” role is synonymous with “Field Representative,” and means: performing on-site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the Agency if Work does not conform to the Contract Documents or requires special inspection or testing. Where “Specialty Inspector” or “specialty inspection” is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a certified inspection report in accordance with an established standard. d. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the Agency immediately for resolution. e. Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. f. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. g. Development of construction schedules and/or sequencing, and/or reviewing and commenting on contractor’s schedules, is for the purpose of estimating number of days to complete a project, and for identifying potential schedule and coordination challenges and determining compliance with the construction contract. It is not a guarantee that a 154 KBA, Inc. November 3, 2016 U:\USERDATA\Contracts\KBA\KBA - 108th C1 - Exh A.docx 6 of 6 construction contractor will complete the Project in that sequence or timeline, as means and methods are the responsibility of the construction contractor. h. Consultant is not responsible for any costs, claims or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. i. RCW 4.24.115 is applicable to Consultant’s services provided under this Agreement. j. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, in the same geographical area and time period. k. Agency agrees that Consultant will not be held liable for the completeness, correctness, readability, or compatibility of any electronic media submitted to Agency, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant’s knowledge. l. Consultant will not be liable for any damage to the City provided office premises or utilities provided by Agency, unless caused by Consultant’s own negligence. m. Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement, KBA will perform services under the following assumptions, and such assumptions are assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE will identify each and any item considered to be “State’s Confidential Information” as “confidential”, as detailed below. Any information received by CONSULTANT that is not so labeled, will be assumed by CONSULTANT to not be “State’s Confidential Information”. CONSULTANT will return all items pre-identified as State’s Confidential Information, to the AGENCY, and will not be required to take any other steps to protect that information. II. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the Agency, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. 155 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is WRXVHLQSUHSDULQJHOHFWURQLF¿OHVIRUWUDQVPLVVLRQWRWKHDJHQF\7KHIRUPDWDQGVWDQGDUGVWREHSURYLGHGPD\ include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files Agreement Number: LA 7963 N/A N/A N/A 156 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 ' 6SHFLI\WKH$JHQF\¶V5LJKWWR5HYLHZ3URGXFWZLWKWKH&RQVXOWDQW E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: LA 7963 See Exhibit A - Scope of Work N/A See Exhibit A - Scope of Work 157 WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data On-going Project correspondence will be provided via e-mail and hard copy format during the life of the consultant agreement. Deliverables will be provided via hard copy, and electronic records on electronic storage medium at closeout. See Exhibit A - Scope of Work 158 WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format Microsoft Outlook At project completion, hard copy records will be transferred to Client, and electronic records will be transferred via electronic storage medium (thumb drive or DVD). Microsoft Office Suite 159 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 Exhibit D Prime Consultant Cost Computations Agreement Number: LA 7963 See attached. 160 Pr o j e c t N a m e : SR 5 1 5 ( S E 2 0 8 t h S t I n t e r s e c t i o n I m p ) Mo n t h No v - 1 6 D e c - 1 6 J a n - 1 7 F e b - 1 7 M a r - 1 7 A p r - 1 7 M a y - 1 7 Cl i e n t P r o j e c t N o . : H S I P -0 5 1 5 ( 0 1 4 ) - P h 2 Da y s / M o 20 2 1 2 1 2 0 2 3 2 0 2 2 KB A P r o j e c t N o . : B P 1 6 - 1 1 8 - 0 1 Hr / M o 16 0 1 6 8 1 6 8 1 6 0 1 8 4 1 6 0 1 7 6 Co n t r a c t T y p e : C o s t + N e t F e e ( o n D S C o n l y ) Ex t r a W o r k 13 % 1 3 % 6 % 8 % 1 0 % 1 1 % 1 2 % Da t e P r e p a r e d : Ad j H r / M o 18 0 1 8 9 1 7 8 1 7 3 2 0 2 1 7 8 1 9 7 Pr e p a r e d b y : Sa m S c h u y l e r Sa l a r y E s c a l a t i o n Pr e - C o n KB A L a b o r H o u r s Cl o s e O u t La b o r C l a s s i f i c a t i o n NT E Ra t e * To t a l H o u r s 20 1 6 T o t a l 2 0 1 7 T o t a l N o v - 1 6 D e c - 1 6 J a n - 1 7 F e b - 1 7 M a r - 1 7 A p r - 1 7 M a y - 1 7 (M 4 ) P r i n c i p a l $8 5 . 0 0 3 1 2 1 - 1 - 1 - - (M 2 ) P r o j e c t M a n a g e r $6 0 . 0 0 56 16 40 8 8 8 8 8 8 8 (E 4 ) R E / I n s p e c t o r $4 2 . 5 0 99 2 24 0 75 2 72 1 6 8 1 6 8 1 6 0 1 8 4 1 6 0 80 (A 4 ) C o n t r a c t A d m i n $3 2 . 0 0 8 3 5 2 1 1 1 1 1 1 Su b t o t a l - K B A L a b o r H o u r s 1, 0 5 9 26 0 79 9 83 1 7 7 1 7 8 1 6 9 1 9 4 1 6 9 89 Di r e c t E x p e n s e s It e m To t a l C o s t s 20 1 6 T o t a l 2 0 1 7 T o t a l N o v - 1 6 D e c - 1 6 J a n - 1 7 F e b - 1 7 M a r - 1 7 A p r - 1 7 M a y - 1 7 Ve h i c l e s ( a t $ 6 . 3 1 / h o u r , i n c l u d e s t a x ) f o r R E / I n s p e c t o r 6, 2 6 0 $ 1, 5 1 4 4, 7 4 5 45 4 1 , 0 6 0 1 , 0 6 0 1 , 0 1 0 1 , 1 6 1 1 , 0 1 0 50 5 Mi s c : S u p p l i e s 22 8 $ 66 16 2 33 3 3 3 3 3 3 3 2 3 2 3 2 Su b t o t a l - D i r e c t E x p e n s e s 6, 4 8 8 $ 1, 5 8 0 4, 9 0 7 48 7 1 , 0 9 3 1 , 0 9 3 1 , 0 4 3 1 , 1 9 3 1 , 0 4 2 53 7 Co m b i n e d C o s t s La b o r C l a s s i f i c a t i o n NT E Ra t e * To t a l D S C 20 1 6 T o t a l 2 0 1 7 T o t a l N o v - 1 6 D e c - 1 6 J a n - 1 7 F e b - 1 7 M a r - 1 7 A p r - 1 7 M a y - 1 7 (M 4 ) P r i n c i p a l $8 5 . 0 0 25 5 $ 85 17 0 85 - 8 5 - 8 5 - - (M 2 ) P r o j e c t M a n a g e r $6 0 . 0 0 3 , 3 6 0 $ 96 0 2, 4 0 0 48 0 4 8 0 4 8 0 4 8 0 4 8 0 4 8 0 4 8 0 (E 4 ) R E / I n s p e c t o r $4 2 . 5 0 4 2 , 1 6 0 $ 10 , 2 0 0 31 , 9 6 0 3, 0 6 0 7 , 1 4 0 7 , 1 4 0 6 , 8 0 0 7 , 8 2 0 6 , 8 0 0 3 , 4 0 0 (A 4 ) C o n t r a c t A d m i n $3 2 . 0 0 25 6 $ 96 16 0 64 3 2 3 2 3 2 3 2 3 2 3 2 Di r e c t S a l a r y C o s t s 46 , 0 3 1 $ 11 , 3 4 1 3 4 , 6 9 0 3 , 6 8 9 7 , 6 5 2 7 , 7 3 7 7 , 3 1 2 8 , 4 1 7 7 , 3 1 2 3 , 9 1 2 Ov e r h e a d @ 64 , 1 7 2 $ 15 , 8 1 0 4 8 , 3 6 1 5 , 1 4 3 1 0 , 6 6 8 1 0 , 7 8 6 1 0 , 1 9 4 1 1 , 7 3 4 1 0 , 1 9 4 5, 4 5 4 Su b t o t a l ( D S C + O H ) 11 0 , 2 0 3 $ 27 , 1 5 1 8 3 , 0 5 1 8 , 8 3 2 1 8 , 3 2 0 1 8 , 5 2 3 1 7 , 5 0 6 2 0 , 1 5 1 1 7 , 5 0 6 9, 3 6 6 Fe e ( o n D S C o n l y ) @ 13 , 8 0 9 $ 3, 4 0 2 1 0 , 4 0 7 1 , 1 0 7 2 , 2 9 6 2 , 3 2 1 2 , 1 9 4 2 , 5 2 5 2 , 1 9 4 1 , 1 7 4 Su b t o t a l ( D S C + O H + F e e ) 12 4 , 0 1 2 $ 30 , 5 5 4 9 3 , 4 5 8 9 , 9 3 9 2 0 , 6 1 5 2 0 , 8 4 4 1 9 , 6 9 9 2 2 , 6 7 6 1 9 , 6 9 9 1 0 , 5 3 9 Di r e c t E x p e n s e s ( N o M a r k u p ) 6, 4 8 8 $ 1, 5 8 0 4 , 9 0 7 4 8 7 1 , 0 9 3 1 , 0 9 3 1 , 0 4 3 1 , 1 9 3 1 , 0 4 2 53 7 TO T A L E S T I M A T E D C O S T S 13 0 , 5 0 0 $ 32 , 1 3 4 9 8 , 3 6 5 1 0 , 4 2 6 2 1 , 7 0 8 2 1 , 9 3 7 2 0 , 7 4 2 2 3 , 8 6 9 2 0 , 7 4 1 11 , 0 7 6 * E s t i m a t e d u s i n g a v e r a g e d r a t e s f o r l a b o r cl a s s i f i c a t i o n s s h o w n . A c tu a l b i l l e d r a t e s w i l l n o t e x c e e d N T E r a t e s s h o w n i n t h i s es t i m a t e f o r e a c h L a b o r C l a s s i f i c a t i o n du r i n g t h e t e r m o f t h i s A g r e e m e n t . CO N F I D E N T I A L A N D P R O P R I E T A R Y T O K B A , I N C . CO N S T R U C T I O N 30 . 0 0 % Schedule Determination of Hours 11 / 3 / 2 0 1 6 13 9 . 4 1 % Pr i n t e d : 1 1 / 3 / 2 0 1 6 8 : 1 2 P M S: \ P r o j e c t s \ C o n t r a c t s \ C l i e n t \ K e n t \ B P - 1 1 8 - 0 1 K e n t S R 5 1 5 \ D r a f t s & N eg o t i a t i o n R e c o r d s \ I n - h o u s e D r a f t s \ C o m b i n e d - P r e c o n + C M \ E x - D - E s t i m a te - K e n t S R 5 1 5 - C o m b i n e d - v 1 - 2 0 1 6 - 1 1 0 3 . x l s x EX H I B I T D 161 162 163 164 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014 Exhibit E Sub-consultant Cost Computations 7KHUHLVQ¶WDQ\VXEFRQVXOWDQWSDUWLFLSDWLRQDWWKLVWLPH7KH&2168/7$17VKDOOQRWVXEFRQWUDFWIRU the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Agreement Number: LA 7963 165 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention RIVXEFRQVXOWDQWVLQFOXGLQJSURFXUHPHQWRIPDWHULDOVDQGOHDVHVRIHTXLSPHQW7KH&2168/7$17 VKDOOQRWSDUWLFLSDWHHLWKHUGLUHFWO\RULQGLUHFWO\LQWKHGLVFULPLQDWLRQSURKLELWHGE\6HFWLRQRIWKH REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 6ROLFLWDWLRQVIRU6XEFRQVXOWDQWV,QFOXGLQJ3URFXUHPHQWRI0DWHULDOVDQG(TXLSPHQW ,QDOOVROLFLWDWLRQV either by competitive bidding or negotiations made by the CONSULTANT for work to be performed XQGHUDVXEFRQWUDFWLQFOXGLQJSURFXUHPHQWRIPDWHULDOVRUOHDVHVRIHTXLSPHQWHDFKSRWHQWLDOVXE FRQVXOWDQWRUVXSSOLHUVKDOOEHQRWL¿HGE\WKH&2168/7$17RIWKH&2168/7$17¶VREOLJDWLRQVXQGHU this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. ,QIRUPDWLRQDQG5HSRUWV 7KH&2168/7$17VKDOOSURYLGHDOOLQIRUPDWLRQDQGUHSRUWVUHTXLUHGE\WKH REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such 5(*8/$7,216RUGHUVDQGLQVWUXFWLRQV:KHUHDQ\LQIRUPDWLRQUHTXLUHGRID&2168/7$17LVLQWKH exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 6DQFWLRQVIRU1RQFRPSOLDQFH ,QWKHHYHQWRIWKH&2168/7$17¶VQRQFRPSOLDQFHZLWKWKHQRQ discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through LQHYHU\VXEFRQWUDFWLQFOXGLQJSURFXUHPHQWRIPDWHULDOVDQGOHDVHVRIHTXLSPHQWXQOHVVH[HPSWE\WKH REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, OLWLJDWLRQZLWKDVXEFRQVXOWDQWRUVXSSOLHUDVDUHVXOWRIVXFKGLUHFWLRQWKH&2168/7$17PD\UHTXHVW the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in DGGLWLRQWKH&2168/7$17PD\UHTXHVWWKH8QLWHG6WDWHVHQWHULQWRVXFKOLWLJDWLRQWRSURWHFWWKHLQWHUHVWV of the United States.Agreement Number: LA 7963 166 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G &HUWL¿FDWLRQ'RFXPHQWV Exhibit G-1(a) &HUWL¿FDWLRQRI&RQVXOWDQW Exhibit G-1(b) &HUWL¿FDWLRQRIBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Exhibit G-2 &HUWL¿FDWLRQ5HJDUGLQJ'HEDUPHQW6XVSHQVLRQDQG2WKHU5HVSRQVLELOLW\0DWWHUV Primary Covered Transactions ([KLELW*&HUWL¿FDWLRQ5HJDUGLQJWKH5HVWULFWLRQVRIWKH8VHRI)HGHUDO)XQGVIRU/REE\LQJ Exhibit G-4 &HUWL¿FDWHRI&XUUHQW&RVWRU3ULFLQJ'DWD Agreement Number: "HFODZ0GGJDJBM /" LA 7963 167 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 ([KLELW* D &HUWL¿FDWLRQRI&RQVXOWDQW ,KHUHE\FHUWLI\WKDW,DPWKHDQGGXO\DXWKRUL]HGUHSUHVHQWDWLYHRIWKH¿UPRI whose address is DQGWKDWQHLWKHUWKHDERYH¿UPQRU,KDYH a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, DQ\¿UPRUSHUVRQ RWKHUWKDQDERQD¿GHHPSOR\HHZRUNLQJVROHO\IRUPHRUWKHDERYH&2168/7$17 to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of DQ\¿UPRUSHUVRQLQFRQQHFWLRQZLWKFDUU\LQJRXWWKLV$*5((0(17 RU F 3DLGRUDJUHHGWRSD\WRDQ\¿UPRUJDQL]DWLRQRUSHUVRQ RWKHUWKDQDERQD¿GHHPSOR\HHZRUNLQJVROHO\ for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); ,DFNQRZOHGJHWKDWWKLVFHUWL¿FDWHLVWREHIXUQLVKHGWRWKH and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) 6LJQDWXUH $XWKRUL]HG2I¿FLDORI&RQVXOWDQW Date Agreement Number: KBA, Inc. 11201 SE 8th St., Suite 160, Bellevue, WA 98004 KBA, Inc. LA 7963 168 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 ([KLELW* E &HUWL¿FDWLRQRI I hereby certify that I am the: Other of the , and RULWVUHSUHVHQWDWLYHKDVQRWEHHQUHTXLUHGGLUHFWO\RULQGLUHFWO\DVDQH[SUHVVRULPSOLHGFRQGLWLRQLQFRQQHFWLRQ with obtaining or carrying out this AGREEMENT to: D (PSOR\RUUHWDLQRUDJUHHWRHPSOR\WRUHWDLQDQ\¿UPRUSHUVRQ RU E 3D\RUDJUHHWRSD\WRDQ\¿UPSHUVRQRURUJDQL]DWLRQDQ\IHHFRQWULEXWLRQGRQDWLRQRUFRQVLGHUDWLRQ of any kind; except as hereby expressly stated (if any): ,DFNQRZOHGJHWKDWWKLVFHUWL¿FDWHLVWREHIXUQLVKHGWRWKH and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: "HFODZ0GGJDJBM $JUZPG,FOU 4V[FUUF$PPLF .BZPS City of Kent LA 7963 169 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 ([KLELW* &HUWL¿FDWLRQ5HJDUGLQJ'HEDUPHQW6XVSHQVLRQDQG2WKHU Responsibility Matters - Primary Covered Transactions , 7KHSURVSHFWLYHSULPDU\SDUWLFLSDQWFHUWL¿HVWRWKHEHVWRILWVNQRZOHGJHDQGEHOLHIWKDWLWDQGLWVSULQFLSDOV A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; % +DYHQRWZLWKLQDWKUHH \HDUSHULRGSUHFHGLQJWKLVSURSRVDOEHHQFRQYLFWHGRIRUKDGDFLYLOMXGJPHQW rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, WKHIWIRUJHU\EULEHU\IDOVL¿FDWLRQRUGHVWUXFWLRQRIUHFRUGVPDNLQJIDOVHVWDWHPHQWVRUUHFHLYLQJ stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) RIWKLVFHUWL¿FDWLRQ DQG ' +DYHQRWZLWKLQDWKUHH \HDUSHULRGSUHFHGLQJWKLVDSSOLFDWLRQSURSRVDOKDGRQHRUPRUHSXEOLF transactions (Federal, State and local) terminated for cause or default. ,, :KHUHWKHSURVSHFWLYHSULPDU\SDUWLFLSDQWLVXQDEOHWRFHUWLI\WRDQ\RIWKHVWDWHPHQWVLQWKLVFHUWL¿FDWLRQ such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) 6LJQDWXUH $XWKRUL]HG2I¿FLDORI&RQVXOWDQW Date Agreement Number: KBA, Inc. LA 7963 170 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 ([KLELW* &HUWL¿FDWLRQ5HJDUGLQJWKH5HVWULFWLRQVRIWKH8VHRI)HGHUDO)XQGV for Lobbying 7KHSURVSHFWLYHSDUWLFLSDQWFHUWL¿HVE\VLJQLQJDQGVXEPLWWLQJWKLVELGRUSURSRVDOWRWKHEHVWRIKLVRUKHU knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any SHUVRQIRULQÀXHQFLQJRUDWWHPSWLQJWRLQÀXHQFHDQRI¿FHURUHPSOR\HHRIDQ\)HGHUDODJHQF\D0HPEHU RI&RQJUHVVDQRI¿FHURUHPSOR\HHRI&RQJUHVVRUDQ\HPSOR\HHRID0HPEHURI&RQJUHVVLQFRQQHFWLRQ with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, RUPRGL¿FDWLRQRI)HGHUDOFRQWUDFWJUDQWORDQRUFRRSHUDWLYH$*5((0(17 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for LQÀXHQFLQJRUDWWHPSWLQJWRLQÀXHQFHDQRI¿FHURUHPSOR\HHRIDQ\)HGHUDODJHQF\D0HPEHURI&RQJUHVV DQRI¿FHURUHPSOR\HHRI&RQJUHVVRUDQHPSOR\HHRID0HPEHURI&RQJUHVVLQFRQQHFWLRQZLWKWKLV Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 7KLVFHUWL¿FDWLRQLVDPDWHULDOUHSUHVHQWDWLRQRIIDFWXSRQZKLFKUHOLDQFHZDVSODFHGZKHQWKLVWUDQVDFWLRQ ZDVPDGHRUHQWHUHGLQWR6XEPLVVLRQRIWKLVFHUWL¿FDWLRQLVDSUHUHTXLVLWHIRUPDNLQJRUHQWHULQJLQWR WKLVWUDQVDFWLRQLPSRVHGE\6HFWLRQ7LWOH86&RGH$Q\SHUVRQZKRIDLOVWR¿OHWKHUHTXLUHG FHUWL¿FDWLRQVKDOOEHVXEMHFWWRDFLYLOSHQDOW\RIQRWOHVVWKDQDQGQRWPRUHWKDQ for each such failure. 7KHSURVSHFWLYHSDUWLFLSDQWDOVRDJUHHVE\VXEPLWWLQJKLVRUKHUELGRUSURSRVDOWKDWKHRUVKHVKDOOUHTXLUH WKDWWKHODQJXDJHRIWKLVFHUWL¿FDWLRQEHLQFOXGHGLQDOOORZHUWLHUVXEFRQWUDFWVZKLFKH[FHHG and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) 6LJQDWXUH $XWKRUL]HG2I¿FLDORI&RQVXOWDQW Date Agreement Number: KBA, Inc. LA 7963 171 WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following SURFHGXUHVVKRXOGRQO\EHXWLOL]HGRQFRQVXOWDQWFODLPVJUHDWHUWKDQ,IWKHFRQVXOWDQW¶VFODLP V DUHDWRWDO RIRUOHVVLWZRXOGQRWEHFRVWHIIHFWLYHWRSURFHHGWKURXJKWKHRXWOLQHGVWHSV,WLVVXJJHVWHGWKDWWKH 'LUHFWRURI3XEOLF:RUNVRU$JHQF\(QJLQHHUQHJRWLDWHDIDLUDQGUHDVRQDEOHSULFHIRUWKHFRQVXOWDQW¶VFODLP V WKDWWRWDORUOHVV This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. 6WHS&RQVXOWDQW)LOHVD&ODLPZLWKWKH$JHQF\3URMHFW0DQDJHU ,IWKHFRQVXOWDQWGHWHUPLQHVWKDWWKH\ZHUHUHTXHVWHGWRSHUIRUPDGGLWLRQDOVHUYLFHVWKDWZHUHRXWVLGH RIWKHDJUHHPHQW¶VVFRSHRIZRUNWKH\PD\EHHQWLWOHGWRDFODLP7KH¿UVWVWHSWKDWPXVWEHFRPSOHWHG LVWKHUHTXHVWIRUFRQVLGHUDWLRQRIWKHFODLPWRWKH$JHQF\¶VSURMHFWPDQDJHU 7KHFRQVXOWDQW¶VFODLPPXVWRXWOLQHWKHIROORZLQJ 6XPPDWLRQRIKRXUVE\FODVVL¿FDWLRQIRUHDFK¿UPWKDWLVLQFOXGHGLQWKHFODLP • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; 6XPPDU\RIGLUHFWODERUGROODUVRYHUKHDGFRVWVSUR¿WDQGUHLPEXUVDEOHFRVWVDVVRFLDWHGZLWK the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. 6WHS5HYLHZE\$JHQF\3HUVRQQHO5HJDUGLQJWKH&RQVXOWDQW¶V&ODLPIRU$GGLWLRQDO&RPSHQVDWLRQ $IWHUWKHFRQVXOWDQWKDVFRPSOHWHGVWHSWKHQH[WVWHSLQWKHSURFHVVLVWRIRUZDUGWKHUHTXHVWWRWKH $JHQF\¶VSURMHFWPDQDJHU7KHSURMHFWPDQDJHUZLOOUHYLHZWKHFRQVXOWDQW¶VFODLPDQGZLOOPHWZLWKWKH Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the )+:$LVSDUWLFLSDWLQJLQWKHSURMHFW¶VIXQGLQJIRUZDUGDFRS\RIWKHFRQVXOWDQW¶VFODLPDQGWKH$JHQF\¶V recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs LIDSSOLFDEOH DQG)+:$ LIDSSOLFDEOH DJUHHZLWKWKHFRQVXOWDQW¶VFODLPVHQGDUHTXHVWPHPRLQFOXGLQJ backup documentation to the consultant to either supplement the agreement, or create a new agreement IRUWKHFODLP$IWHUWKHUHTXHVWKDVEHHQDSSURYHGWKH$JHQF\VKDOOZULWHWKHVXSSOHPHQWDQGRUQHZ DJUHHPHQWDQGSD\WKHFRQVXOWDQWWKHDPRXQWRIWKHFODLP,QIRUPWKHFRQVXOWDQWWKDWWKH¿QDOSD\PHQWIRU the agreement is subject to audit. No further action in needed regarding the claim procedures. ,IWKH$JHQF\GRHVQRWDJUHHZLWKWKHFRQVXOWDQW¶VFODLPSURFHHGWRVWHSRIWKHSURFHGXUHV Agreement Number: LA 7963 172 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 6WHS3UHSDUDWLRQRI6XSSRUW'RFXPHQWDWLRQ5HJDUGLQJ&RQVXOWDQW¶V&ODLP V ,IWKH$JHQF\GRHVQRWDJUHHZLWKWKHFRQVXOWDQW¶VFODLPWKHSURMHFWPDQDJHUVKDOOSUHSDUHDVXPPDU\ for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; $JHQF\¶VVXPPDWLRQRIKRXUVE\FODVVL¿FDWLRQIRUHDFK¿UPWKDWVKRXOGEHLQFOXGHGLQWKHFODLP • Any correspondence that directed the consultant to perform the additional work; $JHQF\¶VVXPPDU\RIGLUHFWODERUGROODUVRYHUKHDGFRVWVSUR¿WDQGUHLPEXUVDEOHFRVWVDVVRFLDWHG with the additional work; ([SODQDWLRQUHJDUGLQJWKRVHDUHDVLQZKLFKWKH$JHQF\GRHVGRHVQRWDJUHHZLWKWKHFRQVXOWDQW¶V claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. 6WHS'LUHFWRURI3XEOLF:RUNVRU$JHQF\(QJLQHHU5HYLHZV&RQVXOWDQW&ODLPDQG$JHQF\'RFXPHQWDWLRQ The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain FRQFXUUHQFHIURP:6'27/RFDO3URJUDPVDQG)+:$UHJDUGLQJ¿QDOVHWWOHPHQWRIWKHFODLP,IWKHFODLP is not eligible for federal participation, payment will need to be from agency funds. 6WHS,QIRUPLQJ&RQVXOWDQWRI'HFLVLRQ5HJDUGLQJWKH&ODLP 7KH'LUHFWRURI3XEOLF:RUNVRU$JHQF\(QJLQHHUVKDOOQRWLI\ LQZULWLQJ WKHFRQVXOWDQWRIWKHLU¿QDO GHFLVLRQUHJDUGLQJWKHFRQVXOWDQW¶VFODLP V ,QFOXGHWKH¿QDOGROODUDPRXQWRIWKHDFFHSWHGFODLP V and rationale utilized for the decision. 6WHS3UHSDUDWLRQRI6XSSOHPHQWRU1HZ$JUHHPHQWIRUWKH&RQVXOWDQW¶V&ODLP V The agency shall write the supplement and/or new agreement and pay the consultant the amount RIWKHFODLP,QIRUPWKHFRQVXOWDQWWKDWWKH¿QDOSD\PHQWIRUWKHDJUHHPHQWLVVXEMHFWWRDXGLW Agreement Number: LA 7963 173 This page intentionally left blank 174 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: November 7, 2016 TO: Public Works Committee FROM: Steve Mullen, P.E., Transportation Engineer THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer ITEM 17: Consultant Services Agreement for David Evans and Associates, Inc. - Authorize SUMMARY: The City desires to establish railroad quiet zones on the Burlington Northern Sante Fe (BNSF) and Union Pacific (UP) railroad mainlines through Kent. The City conducted railroad diagnostic studies on each of the mainline tracks, which yielded recommended improvements in order to establish quiet zones. Railroad grade crossings involve specialized expertise to insure that improvements meet all federal requirements related to railroads. A review committee selected the consultant from those listed on the Municipal Services Research Center consultant services roster. The scope of work and fee schedule was negotiated to address the improvements recommended by the diagnostic teams. EXHIBIT: Consultant Contract BUDGET IMPACT: Funding for this contract will come from the Railroad Quieter Zones project budget, project number R00016, authorized by the City Council. Motion: Recommend council authorize the Mayor to sign a Consultant Services Agreement with David Evans and Associates, Inc. in an amount not to exceed $83,133 for engineering design services and technical assistance related to railroad grade crossings in support of the City’s proposal to establish railroad quiet zones on the Burlington Northern Sante Fe (BNSF) and Union Pacific (UP) railroad mainline tracks through the City, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. , subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 175 This page intentionally left blank 176 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and David Evans and Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and David Evans and Associates, Inc. organized under the laws of the State of Oregon, located and doing business at 2106 Pacific Ave., Suite 400, Tacoma, WA 98402, Phone: (253) 250-0671, Contact: Alan Tebaldi (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide design services for the BNSF Railroad Quiet Zone. 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 September 30, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Three Thousand, One Hundred Thirty Three Dollars ($83,133.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 177 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 178 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in 179 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. / / / / / / / / / / / / 180 CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Alan Tebaldi David Evans and Associates, Inc. 2106 Pacific Ave., Suite 400 Tacoma, WA 98402 (253) 250-0671 (telephone) (253) 922-9781 (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 David Evans & Associates - RR Quiet Zone/Mullen 181 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: _________________________________________ 182 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. 183 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: _________________________________________ 184 185 186 187 188 189 190 191 192 193 194 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. 195 EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 196