HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 11/21/2016 (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 21, 2016
4:00 p.m.
Item Description Action Speaker Time Page
1. Call to Order -- Chair Higgins 01 --
2. Roll Call -- Chair Higgins 01 --
3. Changes to the Agenda -- Chair Higgins 01 --
4. Approval of November 7, 2016 Minutes YES None 03 03
5. Consultant Agreement with Gray and
Osborne for 640 Zone Pump Station
YES Bryan Bond 05 09
6. Consultant Agreement with RH2 for Kent
Springs and Pump Station No. 4 Electrical
Upgrades
YES Bryan Bond 05 39
7. Goods & Services Agreement with
Environmental Coalition of South Seattle
YES Gina Hungerford 08 63
8. Parking Ordinance Revision KCC 9.38 YES Kelly Peterson 10 97
9. Info Only/PSE LED Energy Efficiency Update NO Kelly Peterson 05 119
10 Info Only/Surface Water Design Manual
Update
NO Shawn Gilbertson 10 121
11. Info Only/Quiet Zone Update NO Chad Bieren 05 123
1
This page intentionally left blank
2
Public Works Committee Minutes
November 7, 2016
1
Item 1 – Call to Order: The meeting was called to order at 4:06 p.m. by Committee
Chair, Dennis Higgins.
Item 2 – Roll Call: Committee Chair, Dennis Higgins was absent, Committee member
Dana Ralph will be Chairing on his behalf. Committee members Brenda Fincher and
Council President Bill Boyce 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 Boyce and PASSED
3-0.
Item 5 –Information Only/Burlington Northern Railroad Crossing Arms:
Matthew Mitchell from Burlington Northern Santa Fe Railway went over that inspections
and focus on safety at the crossings in Kent. He spoke about recent upgrades to the
system, noting that Kent has the latest and greatest. He noted that Kent’s crossings
are unique for theirs system in that we have a high volume of foot and vehicular traffic
and two railway crossings in Kent.
The railway operates 24/7, if you see a safety concern, the arms are stuck in the down
position a train is stopped on the track for a long period and there is no train call 1-
800-832-5452 and follow the prompts.
INFORMATION ONLY/NO MOTION REQUIRED
Item 6 – Consultant Agreement with MacLeod Reckord/Lower Russell Levee
Project:
Environmental Engineering Manager, Mike Mactutis noted that the consultant
agreement with MacLeod Reckord would be bring on the outside consultant to manage
the Lower Russell Road Project (LRRP). The consultant would be on board for 3-4 years,
$225,000 covers the lifetime of the project.
The City of Kent’s role is 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.
3
Public Works Committee Minutes
November 7, 2016
2
Committee member Boyce MOVED to 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. The
motion was SECONDED by committee member Fincher and PASSED 3-0.
Item 7 – Street Light Policy - Resolution:
Senior Transportation Planner, Lacey Jane Wolfe noted that staff has developed a
street light policy for Councils 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.
Committee member Fincher MOVED to recommend Council adopt a resolution
establishing a street light policy which prioritizes the installation and
maintenance of street lights on arterial roadways. The motion was SECONDED
by committee member Boyce and PASSED 3-0.
Item 8 – Information Only/Crosswalk Removal Update:
Senior Transportation Planner, Lacey Jane Wolfe updated the committee on the
progress of the removal of crosswalks she showed a map of the areas that markings
have been removed and what is still needing to be done.
INFORMATION ONLY/NO MOTION REQUIRED
Item 9 – Contract with JCI Jones, Inc. for 2017 Water Treatment Chemical
Supply:
Water System Manager, Sean Bauer noted 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.
Treatment chemicals are used to treat potable drinking water which is provided to
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.
Committee member Boyce MOVED to recommend Council authorize 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. The motion was SECONDED by
committee member Fincher and PASSED 3-0.
4
Public Works Committee Minutes
November 7, 2016
3
Item 10 – Second Lease Amendment – City and Valley Communications –
Cambridge Site:
Water System Manager, Sean Bauer stated 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.
The lease 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.
Committee member Fincher MOVED to 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. The motion was SECONDED by committee member Boyce and
PASSED 3-0.
Item 11 – Information Only/Repairs Needed – East Hill Well:
Water System Manager, Sean Bauer noted that the East Hill Well is a primary water
source for our water system; producing 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 it was 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 it was determined that a new motor and pump need to be
installed. The projected lead time for the equipment is 7 months, placing installation of
the new components to summer 2017; which coincides with the time of year water
5
Public Works Committee Minutes
November 7, 2016
4
demands increase. The preliminary cost projection to replace the components is
$300,000-$350,000.
INFORMATION ONLY/NO MOTION REQUIRED
Item 12 – Lifeline Water Rates:
Accounting Manager, Paul Scott noted that the motion before the committee is to make
sure that Lifeline rates will not be going up.
Committee member Boyce MOVED to 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. The motion was
SECONDED by committee member Fincher and PASSED 3-0.
Item 13 – King Conservation District Grant/Mill Creek Side Channel Leber
Homestead Property:
Environmental Engineering Manager, Mike Mactutis noted that the Leber side channel
is already in progress the site 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. This is a regionally
supported project; staff will be planting 30,000 plants – which were grown in our
greenhouse.
Committee member Fincher MOVED to 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. The motion was SECONDED by committee member
Boyce and PASSED 3-0.
Item 14 – Consultant Agreement for Airport Levee Certification:
Environmental Engineering Supervisor, Alex Murillo noted that he would be presented
items 14 and 15 together with two motions to be read.
Murillo gave a brief PowerPoint presentation, he noted that staff has been successful in
accrediting the right bank (south side). The Kent Airport Levee is located on the left
bank 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
6
Public Works Committee Minutes
November 7, 2016
5
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.
Committee member MOVED to 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. The motion was SECONDED by committee member
and PASSED .
Item 15 – Consultant Agreement for Frager Road Levee:
Environmental Engineering Supervisor, Alex Murillo noted that he would be presented
items 14 and 15 together with individual motions.
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.
Committee member Fincher MOVED to 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. The motion was SECONDED by committee
member Boyce and PASSED 3-0.
Item 16 – Consultant Agreement with KBA, Inc. for 108th/208th Project –
Project Management:
Construction Engineering Manager, Eric Connor noted that the 108th/208th Intersection
Improvements Project is a federally funded project that will provide a new southbound
to eastbound left turn lane on 108th Ave. SE at SE 208th Street.
Conner noted that his staff is busy managing multiple, ongoing projects; resulting in
the need for a consultant contract to provide a resident engineer to work with city staff
to manage the construction of this project. KBA, Inc. is a Construction Management
consultant that specializes in managing Federally Funded Capital Improvement projects
such as this one.
Committee member Boyce MOVED to 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
7
Public Works Committee Minutes
November 7, 2016
6
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 17 – Consultant Agreement with David Evans & Associates for Design
Services for the Quiet Zone:
Chad Bieren, Deputy Director / City Engineer noted that after much discussion over the
past few months we have a consultant agreement in place with David Evans &
Associates. The City conducted railroad diagnostic studies on each of the mainline
tracks, which yielded recommended improvements in order to establish quiet zones.
Bieren noted that railroad grade crossings involve specialized expertise to insure that
improvements meet all federal requirements related to railroads. The scope of work
and fee schedule was negotiated to address the improvements recommended by the
diagnostic teams.
Committee member Fincher MOVED to 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 Santa 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. The motion was SECONDED by
committee member Boyce and PASSED 3-0.
The meeting was adjourned at 5:24 p.m.
Cheryl Viseth
Council Committee Recorder
8
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 21, 2016
TO: Public Works Committee
FROM: Bryan Bond, Engineering Project Coordinator
THROUGH: Dave Brock, P.E. Deputy Director / Operations Manager
ITEM 5: Consultant Services Agreement with Gray & Osborne, Inc. - Design
Pump Station for 640 Water Pressure Zone.
SUMMARY: The City has been working on the design of the proposed 640 Zone Water
Pressure. The new 640 Zone will serve portions of the East Hill currently located in the
590 Zone. The reservoir will continue serving the 590 Zone until the 640 Zone is
completed.
We intend to create the northern-portion of the new 640 Zone in 2018 and then work to
complete the southern portion at a later date. The pump station will provide increased
water pressure in the northern portion of the 640 Zone until the entire zone has been
completed. Approximately 1,100–1,200 pressure reducing valves will need to be
installed on private homes and businesses in order to complete the 640 zone. This work
will be completed under a separate project.
This new zone will be served initially by a single booster station located at the Blue Boy
reservoir site.
EXHIBIT: Consultant Services Agreement
BUDGET IMPACT: Costs for this project will be paid from the water utility.
MOTION: Recommend Council authorize the Mayor to sign a Consultant
Services Agreement with Gray & Osborne Inc. in an amount not to exceed
$241,627 to design a pump station for the new 640 Zone Water Pressure
Zone, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
9
This page intentionally left blank
10
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Gray & Osborne, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Gray & Osborne, Inc. organized under the laws of the State of Washington,
located and doing business at 701 Dexter Ave. N., Suite 200, Seattle, WA 98109, Phone: (206) 284-0860,
Contact: Russell Porter (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 640 Zone Booster Station. 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
Two Hundred Forty One Thousand, Six Hundred Twenty Seven Dollars ($241,627.00), 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:
11
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
12
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
13
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.
/ /
/ /
/ /
/ /
/ /
/ /
14
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:
Russell Porter
Gray & Osborne, Inc.
701 Dexter Ave. N., Suite 200
Seattle, WA 98109
(206) 284-0860 (telephone)
(206) 283-3206 (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
Gray & Osborne - 640 Zone Booster Station/Bond
15
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: _________________________________________
16
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.
17
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: _________________________________________
18
G&O #20166.63 Page 1 of 6
EXHIBIT A
SCOPE OF WORK
CITY OF KENT
640 ZONE BOOSTER STATION
The City of Kent (City) has requested that Gray & Osborne, Inc. provide a scope of work
for the design of the 640 Zone booster station. The new booster station will be located at
the Blue Boy reservoir site and will pump water from the 590 Zone to a new 640 Zone
that the City is in the process of creating.
BACKGROUND
The new 640 Zone will serve areas in the eastern part of the City’s service area currently
served as part of the 590 Zone. The City constructed a new reservoir for the 640 Zone in
2011 but that reservoir has only been filled to the 590-foot level since the zone is still
operated at the 590 hydraulic grade.
The City has been working with PACE Engineers on the design of the 640 Zone. The
City intends to convert the northern portion of the new 640 Zone first in 2018 and then
work to convert the southern portion of the zone at a later date. To that end, it is our
understanding that two PRV stations are installed and a third is planned to serve the
northern portion of the zone. Individual PRVs are also planned in some areas where the
new 640 Zone will create localized areas of high pressure.
The new zone will be served initially by a single booster station located at the Blue Boy
reservoir site.
ASSUMPTIONS
This scope of work is predicated on the following assumptions.
·The booster pump sizing has already been completed under a previous
contract with a different engineer. Gray & Osborne will not provide any
system demand analysis or hydraulic modeling as part of this contract.
The City will provide Gray & Osborne with any existing planning or
preliminary design information from previous work regarding the sizing of
640 Zone facilities and zone design.
·The booster pump facility will include a building. The City intends for the
building exterior materials to be similar to the existing Guiberson
corrosion control structure and have a metal roof. The installation will
include lifting equipment to facilitate pump maintenance and removal. The
building will include appropriate HVAC equipment.
19
G&O #20166.63 Page 2 of 6
·The facility will include an auxiliary generator installed outside under a
galvanized steel canopy with metal roof that can be removed and is designed
per the City’s requirements. The generator installation may include noise
attenuation measures appropriate for its installation in a residential setting.
·The pumps are expected to be capable of providing 4,500 gpm at 110 feet of
head, but Gray & Osborne will coordinate with the City to verify final
sizing. The exact number, type, configuration, and specifications will be
determined during design, and all pumps will have VFD pump control.
·The installation will include a pressure reducing valve to allow flow from
the 640 Zone to the 590 Zone during certain conditions. A pressure relief
will need to be installed for the 640 Zone. This will serve as a pressure
relief when the 640 Zone reservoir is offline and the pump station is
temporarily operated as a pressure booster station. The relief valve will be
vented to atmosphere and an appropriate drain. The site will also include
provisions to allow the 640 Zone to be supplied by the 590 Zone in the event
the 640 Zone pressure decreases to the 590 Zone.
·Gray & Osborne will be responsible for coordinating three phase power
service installation to the site with the utility provider, PSE. Existing three-
phase appears to be available on 112th Avenue SE. Gray & Osborne will
work with PSE to determine the alignment of the utility service and the
location of the components. The City will be responsible for drafting
easement language, preparing easement documentation, and submitting an
application for service.
·Permitting required under this scope of work includes submittal to
Washington State Department of Health for review and approval, and
obtaining necessary building and site permits from the City of Kent. The
City of Kent permitting will require a preapplication meeting with the
permitting officials, as well as preparing the necessary paperwork, plans,
and calculations for permitting application submittal. All fees and
permitting agency costs will be paid by the City.
·Gray & Osborne will coordinate with City staff to produce a landscape plan
using City’ standards including irrigation design.
·Systems Interface (SI) is the City’s SCADA integrator. Gray & Osborne has
included SI as a subconsultant for this scope of work on the design and
installation of control panels and instrumentation. The actual installation,
fabrication, and testing of SI’s instrumentation, telemetry, and SCADA
equipment, as well as the integration of the new facility into the City’s
existing SCADA system will be provided under a separate contract.
20
G&O #20166.63 Page 3 of 6
·Any public meetings required will be coordinated by the City. Gray &
Osborne will budget to provide staff to attend and support City staff for two
public meetings. Gray & Osborne will prepare renderings of two views of
the site for City use. The renderings will be based upon site photographs
and will show the proposed building in the context of the residential setting.
·The construction contract documents will be prepared using the City’s
standard general conditions, proposal, agreement, and other standard
bidding documents and will be assembled by the City. Gray & Osborne will
provide technical specifications in a CSI format for inclusion into the City’s
construction bid package.
·The City has already had the site surveyed and will provide the survey
information in an AutoCAD format.
·Any construction support will be provided under a separate contract.
·The City of Kent will be responsible for all bid advertising, list of bidders,
bid opening, and bid tabulation.
The anticipated project schedule for this scope is as follows:
Notice to Proceed:November 1, 2016
Predesign Report Submittal:January 9, 2017
30 Percent Design Submittal:January 9, 2017
City Return Comments:January 23, 2017
60 Percent Design Submittal:February 27, 2017
City Return Comments:March 13, 2017
90 Percent Design Submittal:April 10, 2017
City Return Comments:April 24, 2017
Final Construction Documents:May 8, 2017
Anticipated Bid Date:May 15, 2017
SCOPE OF WORK
Gray & Osborne will perform the following tasks.
Task 1 – Project Management
Services shall include overall project management and oversight of the project work by the
Project Manager and senior staff members.
Provide overall project management and oversight services, to include:
1.Procure sufficient staff resources and subconsultants.
21
G&O #20166.63 Page 4 of 6
2.Manage and control project budget and schedule.
3.Manage and provide monthly progress reports and invoices.
4.Coordinate the project with the City.
Deliverables
Monthly progress reports and invoices.
Task 2 – Predesign Engineering Report
Services shall include the preparation of a predesign report for submission to the
Washington Department of Health to meet the requirements of WAC 246-290-110. The
report will include a summary of 640 Zone design criteria (provided by the City), as well as
other booster station design criteria; an analysis of pump types including a selection of the
optimal pump; preliminary site layouts; preliminary building layouts and sections; list of
instrumentation and controls; preliminary electrical load study; and predesign cost estimate.
Task 3 – Engineering Design and Contract Document Preparation
Services shall include the preparation of plans, technical specifications, contract documents
and cost estimates for the installation of the 640 Zone Booster Station. The contract
documents shall include all necessary civil, mechanical, structural, electrical, and
landscaping design to adequately depict and describe the work required to construct the
booster station facility. The contract documents will be prepared in a format suitable for
public bidding, including plans, specifications, and cost estimates with City review at the
30 percent, 60 percent, 90 percent, and final design stages, as outlined below.
1.A 30 percent design submittal including project plans and cost estimate. The
30 percent project plans will include site civil, building mechanical layout
and sections, and preliminary electrical including a one-line diagram.
2.A 60 percent design submittal including project plans, outline of CSI
technical specifications, and cost estimate. The 60 percent project plans will
include site civil, mechanical, preliminary structural, and preliminary
electrical.
3.A 90 percent design submittal including project plans, CSI technical
specifications, and cost estimate will be provided to the City for review.
4.Bid documents will be produced from City comments on the 90 percent
submittal.
22
G&O #20166.63 Page 5 of 6
5.Gray & Osborne will attend one review meeting at the City for each design
submittal (three meetings total).
Three sets of technical specifications, half-sized plans, and cost estimates at each submittal
design level. The final construction submittal will include 3 full-sized (22" x 34") plans and
electronic reproducible originals, as well as a complete record of materials.
Task 4 – Permitting and Public Meetings
Services will include permitting assistance for City of Kent permitting and assistance to
City staff for public information meetings.
1.Gray & Osborne will attend a preapplication meeting for the City of Kent.
2.Gray & Osborne will submit 90 percent plans for clearing and grading and
building permits from the City.
3.Structural calculations will also be submitted to support the building permit
application.
4.Gray & Osborne will attend up to two public informational meetings to
provide support to City staff. Gray & Osborne will prepare renderings of
two views of the facility for use at the public meetings.
Task 5 – Quality Assurance/Quality Control
Oversee three, in-house, quality assurance/quality control (QA/QC) meetings at G&O’s
office during the course of the project. The meetings will include senior project staff,
selected design team members, and City staff (as required and/or desired).
1.QA/QC meetings will take place at the following levels:
a.30 percent Submittal
b.60 percent Submittal
c.90 percent Submittal
2.Ensure incorporation of relevant recommendations and suggestions into
bid/construction documents resulting from QA/QC reviews.
23
Page 6 of 6G&O #20166.63
Task 6 – Bid and Award Assistance
Assist the City in bidding phase of the project including prebid inquiries, bid opening, and
recommendation to award.
Gray & Osborne will provide the following bid and award services:
1.Answer bidder questions.
2.Prepare contract addenda, as necessary.
3.Review bids and apparent low bidder qualifications.
4.Prepare recommendation to award letter.
24
Principal
Hours
Project
Manager
Hours
Project
Engineer
Hours
Civil Eng.
Hours
Structural
Eng.
Hours
Electrical Eng.
Hours
AutoCAD
Tech.
Hours
Project Management 40
Initial Site Visit and Kickoff 4 4 4 4 4
Prepare Predesign Report 8 24 60 4 4 24
30 Percent Submittal 2 24 48 96 12 64 96
60 Percent Submittal 2 24 48 96 24 80 96
90 Percent Submittal 2 16 48 64 24 80 96
Final Plans, Technical Specifications, and Cost
Estimate 2 6 12 32 4 48 32
City of Kent permitting 4 8 24 24
City of Kent public meetings 8 8 8
12 12 12 12 6 6
4 4 4 2 2
20 150 216 392 104 288 352
$177 $177 $145 $126 $168 $182 $116
$3,540 $26,550 $31,320 $49,392 $17,472 $52,416 $40,832
Total Fully Burdened Labor Cost:221,522$
Direct Non-Salary Cost:
Mileage & Expenses (Mileage @ current IRS rate)250$
Printing 1,000$
Subconsultant:
Pangeo, geotechnical consultant 3,139$
HBB, landscape architects 9,502$
Systems Interface 4,500$
Subconsultant Overhead (10%)1,714$
TOTAL ESTIMATED COST:241,627$
Tasks
Hour Estimate:
Fully Burdened Billing Rate:
Task 1 Project Management
Task 2 Predesign Engineering Report
Task 3 Engineering Design and Contract Document Preparation
Task 4 Permitting and Public Meetings
Task 5 QA/QC
Task 6 Bid and Award Assistance
EXHIBIT "B"
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Kent 640 Zone Booster Station
Fully Burdened Labor Cost:
G&O #20166.63 Page 1 of 1
25
Geotechnical & Earthquake
Engineering Consultants
October 14, 2016
File No. P-4424
Mr. Russ Porter, P.E.
Gray & Osborne, Inc.
701 Dexter Avenue North, Suite 200
Seattle, Washington 98109
Subject: Proposal for Geotechnical Engineering Services
Booster Station at Blue Boy Reservoir Site
Near 112th Avenue SE and SE 236th Place, Kent, WA
Dear Mr. Porter,
Attached please find our proposal for the proposed booster station building at the Blue Boy
Reservoir site, near the intersection of 112th Avenue SE and SE 236th Place in Kent, Washington.
We understand that the proposed building will be an at-grade masonry structure with a concrete
floor. Limited trenching for installing pipes will also be needed as part of the proposed
construction.
Our proposed scope of work is outlined in Exhibit 1. We estimate that a budget of $3,139 will be
needed to complete the scope of work. We understand that the City will provide a backhoe for test
pit excavation at no cost to PanGEO. Detailed cost estimate is included in Exhibit 2. We will not
exceed the estimated budget without your prior approval.
Please call should you have any questions regarding this proposal.
Sincerely,
Siew L. Tan, P.E.
Principal Geotechnical Engineer
Enclosures: Exhibit 1 - Scope of Work; Exhibit 2 - Cost Estimate
26
EXHIBIT 1 - SCOPE OF WORK
1. Document review / Site Reconnaissance – We will conduct a site reconnaissance to
observe the surface conditions. We will also review readily available subsurface
information in the area, such as geology map and, if available, previous geotechnical
report previously completed for the existing reservoir.
2. Subsurface Exploration – We will observe the excavation of two to three test pits in the
vicinity of the proposed booster station and new pipes to evaluate the near surface soil
conditions.
Assumption: We assume the City will provide a backhoe for test pit excavation and
backfill at no cost to PanGEO, and will provide utility locates prior to the test pit
excavation.
3. Engineering Analysis/Report – We will perform engineering analyses based on the
results of the test pits, and prepare a report summarizing the results of our geotechnical
study. In general, our report will include:
A site map with approximate test pit locations;
Description of surface and subsurface (soil, groundwater) conditions, including
summary test pit logs;
Engineering recommendations regarding foundation design parameters for the
proposed booster station;
General earthwork recommendations, including suitability of the on-site soils for
backfill, backfill requirements, and footing subgrade preparation.
4. Post-Report Consultation – We will provide post-report consultation to assist with the
design and preparation of plans and specifications on an as-needed basis.
5. Project Management – Provide necessary project management and coordination to
ensure timely completion of the project.
27
EXHIBIT 2 - COST ESTIMATE
ESTIMATED LABOR:
PERSONNEL AND HOURLY RATES
WORK TASK S. Tan Proj. Engr. Geol. CADD Admin Subtotal TOTAL
DESCRIPTION $150.00 $125.00 $100.00 $90.00 $80 Amount AMOUNT
Field Exploration 6 $900.00
Engineering / Report 10 2 $1,750.00
Post Report Support 2 $300.00
Admin / Coordination 1 $150.00
TOTAL LABOR:19 2 0 0 0 $3,100.0
ESTIMATED DIRECT EXPENSES:
Laboratory Tests $0
Mileage (70 miles @ $0.56)$39
Subtotal:$39
TOTAL:$3,139
28
1916 220th Street SE ● Building M-102 ● Bothell, Washington 98021-7406 ● USA ● Tel: 425.481.1225 ● Fax: 425.481.2115 ●
www.systems-interface.com
Page 1 of 2
Russ Porter October 24th, 2016
G & O Engineers QS16J039
701 Dexter Ave N
Suite 200
Seattle, WA 98109
206-284-0860
Re: City of Kent 640 Zone Pump Station Project
Hi Russ,
Thank you for the opportunity to provide Professional Engineering services for the City of Kent 640 Zone
Pump Station project. Systems Interface proposes to provide technical assistance in the preparation of
specification package documents and, during the construction phase of the project, provide programming
services for the Pump Controls, Telemetry, and SCADA portions. Note that Systems Interface is a
Washington State Licensed Consulting Engineer firm in both Electrical and Control System Engineering
(#1135). If needed, work products can be stamped and signed by a Professional Engineer.
Our proposed scope of supply includes:
Assist Gray & Osborne with their preparation of bid specification text and drawings for the new
Water Pumping Station.
Prepare a Radio Communications Path Study to establish direction, height, style, and gain of the
Pump Station radio antenna.
Attendance at one design coordination meeting at G&O or City of Kent offices.
Participation in two telephone conferences to finalize
Preparation of Systems Interface’s scope of services and price estimate for the construction
phase of this project. Our scope would include:
Engineering services to program and test the new Telemetry and Controller systems that will
be installed at the Pump Station.
Engineering services to program the Operator Interface Unit for the new Pump Station.
Configure, commission, and test telemetry communications from the Pump Station site to
the headquarters.
Engineering services to program the Master Telemetry Panel at the City headquarters in
order to communicate with the new Pump Station, provide status information to the
operators and notify personnel on alarm conditions.
Engineering services to program factory inspections and tests, on-site inspections and tests,
complete system commissioning, training, & as-built documentation.
Below is an estimated price break-out for each of the phases and total proposed Not-To-Exceed budgets:
PHASE 1: Assist with Bid Specifications, Drawings,
and prepare a scope of services for construction.
Description Rate/hr Est.Hrs Total
Project Manager & Professional Engineer $165 4 $660
Project Engineer (meetings, reviews, support, scopes) $115 24 $2,760
Admin Support (copy & transmit documentation, etc.) $60 4 $240
Project expenses (mail, copies, supplies, mileage, etc.) $150
Contingency (additional meetings / discussion) $115 6 $690
Phase 1 TOTAL: $4,500
29
1916 220th Street SE ● Building M-102 ● Bothell, Washington 98021-7406 ● USA ● Tel: 425.481.1225 ● Fax: 425.481.2115 ●
www.systems-interface.com
Page 2 of 2
We propose that we bill Gray & Osborne on a Time and Material basis with a Not-To-Exceed Professional
Services contract. Systems Interface will invoice only for actual time spent on the project and not exceed
the maximum contract value, while guaranteeing to provide all agreed upon scope of work items. We
would invoice on a monthly basis with detailed timecard and expense information attached.
Thank you again for the opportunity to work with Gray & Osborne.
Please call or e-mail with any questions or concerns.
Sincerely,
Systems Interface Inc.
Robert H. Schommer, P.E.
Vice President
email:rhs@systems-interface.com
30
Ho
u
g
h
B
e
c
k
&
B
a
i
r
d
I
n
c
.
21
5
W
e
s
t
l
a
k
e
A
v
e
n
u
e
N
o
r
t
h
S
e
a
t
t
l
e
,
W
A
9
8
1
0
9
-
5
2
1
7
2
0
6
-
6
8
2
-
3
0
5
1
P
h
o
n
e
2
0
6
-
6
8
2
-
3
2
4
5
F
a
x
w
w
w
.
h
b
b
s
e
a
t
t
l
e
.
c
o
m
Seattle | Boise
26 October 2016
Mr. Russ Porter, P.E.
Gray & Osborne, Inc.
701 Dexter Ave. N. Suite 200
Seattle, Washington 98109
RE: Blue Boy Reservoir – Booster Pump Station
Kent, Washington
Dear Russ:
Thank you for asking Hough Beck & Baird Inc. (HBB) to join your design team for the Blue Boy Reservoir project, located near
112th Ave. SE and SE 236th Place in the City of Kent (Zoning District: SR-6). Since we have been involved with other similar
public infrastructure and utility projects, we are confident that we can provide the personal and professional services required to
make the initial development of your project a success.
Mr. Jim Howard, Principal and Ms. Monica Thompson, Associate will be working on this project and have extensive experience in
similar public utility projects and developing construction documents. I’m confident that Mr. Howard and Ms. Thompson have the
background knowledge required to provide the landscape drawings requested as part of the booster pump station.
Based upon your email and subsequent conversations, we are proposing the following scope of services for your consideration
on a Time and Expense basis. Our proposed scope of work will easily permit modification as we progress through the design
process, and we will work with you throughout the process to adjust and adapt our scope to meet the project requirements when
necessary. As such, we reserve the right to move scope and budget between tasks or subtasks as needed to reflect the potential
changing conditions, assumptions, or direction needed for the project. The tasks we are proposing for your project include the
following:
TASK 1CONCEPTUAL PLANTING DESIGN
1.1Background Documents. Review background documentation and code requirements, including buffer/screening
requirements and city standard details.
1.2Site Visit. Visit the site to analyze existing conditions, opportunities, and site constraints. Photo document existing
site and analysis.
1.3Conceptual Design. Prepare two (2) planting design concepts that will include Planting Plans and Plant
Schedules. Plant Schedule will include general plant palette and planting notes. Planting Plans will include tree,
shrub, and groundcover locations.
1.4Design Coordination Meeting. Prepare for and attend one (1) meeting to review design status and any
interdisciplinary coordination needed to ensure an accurate, complete and efficient design progression.
1.5Quality Control Review. Conduct one (1) quality control review by a senior licensed staff member.
Deliverables:
xTwo (2) Planting Design Concepts: Each includes one (1) planting plan and one (1) plant schedule (2
Sheets)
TASK 260% SUBMITTAL
2.160% Planting Design. Prepare 60% design drawings and details for planting based on comments received
from city staff and/or regulatory agencies’ review of the two (2) planting concepts. Planting design will include
plant species, location and size; planting notes; and planting details.
2.260% Irrigation Design. Prepare 60% design drawings and details for irrigation based on 60% planting plans.
Irrigation plans will include point-of-connection and controller location, mainline location, and sleeve locations
and sizes; irrigation notes; and irrigation details. Head layout and pipe sizing will be provided at 90%.
31
Blue Boy Reservoir
Page 2
2.3Specifications. Prepare draft technical specifications based on 60% design documents. Specifications will be
APWA / WSDOT format for Special Provisions.
2.4Cost Estimate. Prepare an estimated of construction cost based on 60% design documents.
2.5Quality Control Review. Conduct one (1) quality control review by a senior licensed staff member. Quality
control review also includes an interdisciplinary review to ensure adequate coordination between disciplines.
2.6Design Coordination. Coordinate the 60% design process with design team, city staff and/or regulatory
agencies. Includes up to one (1) coordination meeting.
Deliverables:
xPlanting Plan (1 Sheet)
xPlanting Schedule, Notes & Abbreviations (1 Sheet)
xPlanting Details (2 Sheets)
xIrrigation Plan (1 Sheet)
xIrrigation Schedule, Notes & Abbreviations (1 Sheet)
xIrrigation Details (3 Sheets)
xSpecial Provisions
xCost Estimate
TASK 390% SUBMITTAL (Building Permit Submittal)
3.190% Planting Design. Prepare 90% planting design drawings and details based on comments received from
city staff and/or regulatory agencies.
3.290% Irrigation Design. Prepare 90% irrigation design drawings and details based on comments received
from city staff and/or regulatory agencies. Irrigation design will include full head-to-head coverage, pipe
sizing and water budget calculations.
3.3Specifications. Revise technical specifications based on 90% design documents.
3.4Cost Estimates. Revise construction cost estimates based on 90% design documents.
3.5Quality Control Review. Conduct one (1) quality control review by a senior licensed staff member. Quality
control review also includes an interdisciplinary review to ensure adequate coordination between disciplines.
3.6Design Coordination. Coordinate the 90% design process with design team, city staff and/or regulatory
agencies. Includes up to one (1) coordination teleconference meeting.
Deliverables:
x90% Plans, Schedules & Details
xRevised Special Provisions
xRevised Cost Estimate
TASK 4FINAL BID DOCUMENTS
4.1100% Planting Design. Prepare 100% bid-ready planting design drawings and details based on comments
received from city staff and/or regulatory agencies.
4.2100% Irrigation Design. Prepare 100% bid-ready irrigation design drawings and details based on comments
received from city staff and/or regulatory agencies.
4.3Specifications. Prepare final technical specifications based on 100% design documents.
4.4Cost Estimates. Revise construction cost estimates based on 100% design documents.
4.5Quality Control Review. Conduct one (1) quality control review by a senior licensed staff member.
Deliverables:
xFinal Plans, Schedules & Details (Bid Documents)
xFinal Special Provisions
xFinal Cost Estimate
32
Blue Boy Reservoir
Page 3
O:\Marketing\Proposals\Proposals\16-066 Blue Boy Reservoir Booster Pump - Kent\Gray & Osborne\HBB Scope of Work_TASK FORMAT.docx
In consideration of the above services and including any reimbursable expenses, we are proposing the following estimated fee
(see Exhibit A).
Task 1. CONCEPTUAL PLANTING DESIGN $ 2,043.00
Task 2. 60% CONSTRUCTION DOCUMENTS $ 3,251.00
Task 3. 90% CONSTRUCTION DOCUMENTS $2,516.00
Task 4. FINAL BID DOCUMENTS $ 1,492.00
Expenses $ 200.00
(Out-of-pocket transportation, parking, printing,
and other related costs; billed at 1.15)
Total Cost of Services: $ 9,502.00
The above fee is based on the following assumptions:
1.Although the exact screening requirements for a booster station utility is not stated in KCC 15.07. For purposes of this
proposal it is assumed that screening will consist of ten (10) feet of Type II Landscaping and will be a mix of trees,
shrubs, and groundcover with irrigation. All other disturbed lawn areas will receive sod.
2.Design and specification of security fences is not included.
3.The reservoir will remain above-ground. If the reservoir becomes buried and the project necessitates increased
landscape architecture services for park design, this will require additional services request.
4.HBB will provide all digital files as PDFs; Specifications will be provided as Word doc., and CAD drawings will be
provided as *.dwg files.
5.This scope does not include attending public meetings or graphic support and renderings for presentations.
6.PSI, GPM, METER, and point-of-connection location for irrigation will be provided by others.
7.Irrigation system will be run via battery-operated controller, unless on-site electrical is available. Electrical drawings
will be provided by others.
8.Submittals beyond those listed in this scope of work (Concept Design, 60%, 90% and Final) will be considered
additional services.
9.All meetings will be at Gray & Osborne offices.
10.Bid alternates, bid additives, or subsequent repackaging of the project into separate phases is not included.
The following additional scope-of-services are available by request and with an approved amendment to our contract:
1.Photo-simulation of the landscape screen, 3-D modeling, color rendering of planting plans, and other graphic
presentation services.
2.Arborist and Tree Protection Services.
3.Bidding support and construction administration services regarding planting and irrigation.
If an agreement has not been signed and returned within sixty (60) calendar days, this proposal is void. Once an agreement
incorporating this proposal has been signed, dated, and received, it will be assumed that this proposal is acceptable and will be used
as a basis for the scope of services and associated fee incorporated into a formal letter of agreement sent under separate cover.
We are excited about working with you on this project, and are prepared to negotiate any adjustments in design services and/or fees
to meet the requirements of the project. If you have any questions regarding the above proposal, please call.
Best regards,
HOUGH BECK & BAIRD INC.
Dean W. Koonts, ASLA
Principal
Attachments: Exhibit A – Fee Schedule of Services
33
PRINCIPAL LA/PRJ. M'G DESIGN.CAD/TECH.
177.00/hr 155.00/hr 132.00/hr 112.00/hr TOTAL
1.1 Background Docs: Code Req, Buffer/Screen, Standard Details 2
1.2 Site Visit & Analysis with Photo Documentation 2
1.3 Prepare Planting Design Concepts: Planting Plans & Plant Schedule 1 1 8
1.4 Meetings with Gray & Osborne (up to 1)1
1.5 Provide 1 Quality Control review by Senior Land. Arch.1
SUBTOTAL (HRS)1 2 5 8 16
SUBTOTAL ($)177.00$ 310.00$ 660.00$ 896.00$ 2,043.00$
TASK 2. 60% CONSTRUCTION DOCUMENTS
2.1 Prepare 60% Planting Plans, Schedule, & Planting Details 0.5 0.5 4
2.2 Prepare 60% Irrigation Plans, Schedule, & Irrigation Details 0.5 2 12
2.3 Prepare 60% Planting & Irr. Specs: APWA/WSDOT Format Special Provisions 1 1
2.4 Prepare 60% Landscape Cost Estimate 0.5 1
2.5 Provide 1 Quality Control review by Senior Land. Arch.2
2.6 Meetings Gray & Osborne (up to 1) for Design Coordination 1
SUBTOTAL (HRS)2 3 4 17 26
SUBTOTAL ($)354.00$ 465.00$ 528.00$ 1,904.00$ 3,251.00$
TASK 3. 90% CONSTRUCTION DOCUMENTS
3.1 Revise Planting Plans, Schedule, & Details to 90%0.5 1 4
3.2 Revise Irrigation Plans & Details to 90%0.5 1 8
3.3 Revise Landscape Specifications to 90%0.5 0.5
3.4 Revise Landscape Cost Estimate to 90%0.5 1
3.5 Provide 1 Quality Control review by Senior Land. Arch.2
3.6 Meetings with Gray & Osborne (1) Teleconference 0.5
SUBTOTAL (HRS)2 2 3 13 20
354.00$ 310.00$ 396.00$ 1,456.00$ 2,516.00$
HOUGH BECK & BAIRD INC.
SCOPE OF WORK
TASK 1. CONCEPT PLANTING DESIGN
SUBTOTAL ($)
34
PRINCIPAL LA/PRJ. M'G DESIGN.CAD/TECH.
177.00/hr 155.00/hr 132.00/hr 112.00/hr TOTAL
HOUGH BECK & BAIRD INC.
SCOPE OF WORK
4.1 Revise Planting Plans, Schedule, & Details 0.5 0.5 3
4.2 Revise Irrigation Plans, Schedule, & Details 0.5 0.5 4.5
4.3 Revise Landscape Specifications 0.5
4.4 Revise Landscape Cost Estimate 0.5 0.5
4.5 Provide 1 Quality Control review by Senior Land. Arch.1
1 1 2 8 12
177.00$ 155.00$ 264.00$ 896.00$ 1,492.00$
TASK 1. CONCEPT PLANTING DESIGN 2,043.00$
TASK 2. 60% CONSTRUCTION DOCUMENTS 3,251.00$
TASK 3. 90% CONSTRUCTION DOCUMENTS 2,516.00$
TASK 4. FINAL BID DOCUMENTS 1,492.00$
200.00$
TOTAL HBB SERVICES 9,502.00$
ASSUMPTIONS:
1.
2.
The above fee is an estimate of how we expect to allocate our time. We reserve the right to move time between tasks as needed to accomplish the overall goals of the
project.
It may be necessary to utilize an independent AutoCAD Service company to meet the proposed schedule for this project. If necessary, time incurred by the independent
AutoCAD Service company will be billed at the Computer and Technical Staff rate above, not to exceed the Total Cost of Services for the project.
OUT-OF-POCKET EXPENSES
(mileage, parking, reproduction, printing, and other project related costs; billed at 1.15)
SUMMARY
SUBTOTAL ($)
TASK 4. FINAL BID DOCUMENTS
SUBTOTAL (HRS)
35
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.
36
EXHIBIT C (Continued)
3. Professional Liability insurance shall be written with limits no less
than $3,000,000 per claim and $3,000,000 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.
37
This page intentionally left blank
38
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 21, 2016
TO: Public Works Committee
FROM: Bryan Bond, Engineering Project Coordinator
THROUGH: Dave Brock, P.E., Deputy Director / Operations Manager
ITEM 6: Consultant Services Agreement with RH2 Engineering, Inc. for
Kent Springs and Pump Station No. 4 Electrical Upgrades
SUMMARY: Kent Springs and Pump Station No. 4 are two of the City’s critical
components for supplying water to the residents of Kent. Pump Station No. 4 has
aging electrical and motor control equipment that is in need of replacement and we
need to add space for a portable generator; Kent Springs has the same electrical
component issues and lacks back up power generation on site. The City has
requested the services of RH2 Engineering, Inc., (RH2) for the design of replacement
electrical and motor starter equipment at Kent Springs and Pump Station No. 4
facilities, a standby generator system and shelter at Kent Springs, and a concrete
pad and retaining wall for a portable generator at Pump Station No. 4.
EXHIBIT: Consultant Services Agreement
BUDGET IMPACT: Costs for this project will be paid from the water utility.
MOTION: Recommend Council authorize the Mayor to sign a Consultant
Services Agreement with RH2 Consultants Inc. in an amount not to exceed
$79,710 to design a standby generator system, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
39
This page intentionally left blank
40
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
RH2 Engineering, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and RH2 Engineering, Inc. organized under the laws of the State of Washington,
located and doing business at 22722 29th Dr. SE, Suite 210, Bothell, WA 98021, Phone: (425) 951-5358,
Contact: Chris Roberts (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 Kent Springs and Pump Station 4
Electrical and Standby Generator Upgrades Projects. 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
Seventy Nine Thousand, Seven Hundred Ten Dollars ($79,710.00), 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:
41
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
42
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit D attached and incorporated
by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
43
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.
/ /
/ /
/ /
/ /
/ /
/ /
44
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:
Chris Roberts
RH2 Engineering, Inc.
22722 29th Dr. SE, Suite 210
Bothell, WA 98021
(425) 951-5358 (telephone)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
RH2 - Kent Springs & PS 4/Bond
45
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: _________________________________________
46
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.
47
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: _________________________________________
48
EXHIBIT A
Scope of Work
City of Kent
Kent Springs and Pump Station No. 4
Electrical and Standby Generator Upgrades
November 2016
Background
The City of Kent (City) has aging electrical and motor control equipment located at its Kent Springs and
Pump Station No. 4 facilities that is in need of replacement. The City has requested the services of RH2
Engineering, Inc., (RH2) for the design of the replacement of the electrical and motor starter equipment
at both the Kent Springs and Pump Station No. 4 facilities, installation of a proposed standby engine
generator system and shelter at Kent Springs, and construction of a concrete pad and retaining wall for
supporting a portable generator at Pump Station No. 4.
Assumptions: The City shall provide RH2 with a completed survey and base-map to be used as a basis for the electrical
and civil site plan design. RH2 may rely on the accuracy and completeness of data, information and/or drawings provided
by the City. Refer to the attached Fee Estimate (Exhibit B) for an estimate of time required for all tasks.
Schedule A – Kent Springs Electrical and Standby Generator Upgrades
There are three existing well pumps at the Kent Springs facility, each operated by aging variable frequency
drive (VFD) equipment and a pump control panel. Two of the VFDs, along with the pump control panel,
are located in the City’s control building at the Kent Springs site. The third VFD is located at the Well 3
building on site. One utility transformer and electrical service is used to supply power to both the control
building and the Well 3 building via an outdoor electrical service pedestal. The City currently has a small
standby generator at the site that does not provide adequate standby power for the entire site. Due to the
importance of this facility, the City has decided to replace the existing pump control panel, VFDs, existing
electrical service pedestal, and existing wiring between the electrical service pedestal and the control
building. The City has also decided to remove the existing standby generator, along with the existing
generator protection bollards, fuel tank, and security fencing, and install a new back-up generator in order
to allow for more reliable operation of the entire facility. The City has required that the new generator be
installed under a full-coverage shelter with a metal roof and has identified an approximate location for the
shelter that will require site improvements to remove trees, prepare the structural foundation for the
shelter, and allow for vehicular access to the generator. The City has also requested additional
improvements, which include installation of a small portable generator connection at the treatment
building for the Kent Springs site.
The major design and project elements at Kent Springs include the following:
Removal and replacement of the existing pump control panel and VFDs. The new VFDs will be
manufactured by either Danfoss or Allen-Bradley.
Replacement of the existing electrical service pedestal and equipment. To include: Concrete pad
and shelter above service equipment. Proposed electrical service equipment will be NEMA 4X, stainless
steel.
Installation of proposed electrical raceway and conductors between the proposed electrical service
pedestal and the existing control building.
49
Installation of a new standby generator system with an automatic transfer switch to power the
Kent Springs site.
Design provisions that address the goal of reducing the downtime of operation of the existing
wells.
Construction of a shelter for the standby engine generator system that shall include a metal roof,
hot-dipped galvanized frame, work lighting, power receptacle, concrete generator pad, and
generator access platform.
Site improvements for the construction of the generator system shelter that shall include tree and
earth removal, structural fill and prep work for the shelter foundation, vehicle access to the
generator with a hammerhead-style driveway, and removal of the existing generator and propane
fuel tank.
Install single-phase generator connection receptacle at the treatment building.
Task 1 – Project Management/Administration
Objective: Manage and coordinate engineering services required for the Schedule A project design.
Approach:
1.1 Project Management, Progress Reporting, Cost and Schedule Control, and Team
Management: Identify and designate a single point of contact to act as the RH2 project manager
during the design phase of the project. Manage the RH2 project team to track time and budget,
work elements accomplished, work items planned for the next period, labor, time, and budget
needed to complete the tasks listed in this Scope of Work. If needed, notify the City of scope
changes and obtain authorization to proceed from the City’s project manager prior to performing
the work. Prepare monthly project progress reports to identify what was accomplished for the
month, what is anticipated for the next month, and current or potential issues or changes. The
progress report will contain a summary of task costs, to date (in invoice format).
RH2 Deliverables:
Monthly progress reports to include the elements described in subtask 1.1 for the duration of the
project.
Task 2 – Site, Structural, and Electrical Design
Objective: Prepare bid-ready design plans and specifications for the proposed site, structural, and
electrical work at the existing Kent Springs facility.
Approach:
2.1 Attend Site Visit: Attend one (1) site visit at the Kent Springs to collect information for the
design related to the site, existing power distribution system, generator sizing, existing equipment
dimensions, conduit routing, comparison to the as-built drawings for the existing power
distribution system and site layout, and space evaluation for the proposed improvements.
2.2 Prepare Site Improvements Design Plans: Develop existing and proposed site and utility plans
and details, including building setbacks, tree removal, site grading, existing generator removal
(includes fencing and bollards), hammerhead turnaround layout, and vehicle access to the
50
structure. The site design will be based on a combination of City-provided topographic survey,
base-map data, and field notes from site visit.
2.3 Prepare Generator Shelter Structural Design Plans: Develop structural plans and details for
the generator structure, including the generator support slab and access platform. Generator
structure plans and details shall be identical to the plans prepared for the Armstrong Springs
Generator Upgrades project, including structure dimensions, with the exception of the generator
support slab and access platform that shall be sized for the generator.
2.4 Perform Generator Sizing and Calculations: Perform generator load and sizing calculations
based on the existing electrical load at the facility in order to determine generator size for the
facility. Determine generator sizing calculations with manufacturer sizing software. Coordinate
with the City’s preferred generator manufacturer, Cummins, to determine the physical size of the
generator and automatic transfer switch and to obtain equipment pricing information.
2.5 Prepare Electrical Design Plans:
Develop electrical plans for the motor control equipment replacement and installation of a
new outdoor generator to include a one-line diagram showing equipment layout, a power
distribution and signal plan showing conduit routing and equipment locations, pump control
panel and motor control equipment installation details, generator installation details, electrical
schedules, and electrical details.
Prepare control logic diagrams for control of the three (3) well pump motors.
Prepare an electrical site plan identifying the location of the new generator and generator
structure, existing site conduit routing, and site improvements that are required for the
installation of the generator.
Prepare generator and fuel tank installation details. The fuel tank system is to be designed as
a triple-walled, sub-base fuel tank with leak alarming and required venting. The fuel tank will
have a designed fuel capacity for a three (3)-day run period at rated load. The generator design
will include conduit and wiring to a generator battery charger, generator block heater,
generator interior light and receptacle, work lighting, and a 20-amp outdoor receptacle.
Prepare telemetry system diagrams for interfacing proposed equipment with the existing
telemetry system. The proposed motor control equipment will communicate with the existing
telemetry system via discrete and analog input/output wiring. The telemetry system diagrams will
show the proposed telemetry system input and output signals and interface requirements. The
generator/transfer switch will be capable of inhibiting re-transfer to utility power until allowed to
do so by the PLC programming.
Prepare cooling system design improvements for the current control building and Well 3
building.
2.6 Prepare Specifications: Prepare technical specifications using Construction Standard Institute
(CSI) format. The City shall attach the technical specifications to the City’s front-end bidding
documents and prepare the overall specification package. RH2 shall prepare specification portion
of the bid package and review the City-provided documents for potential conflict(s) with the
technical specifications and provide the City with comments and suggestions for resolving
51
conflicts between the two documents. It is assumed that the technical specifications from the East Hill Well
and Armstrong Springs projects will be reused for this project. The technical specifications will be modified for this
project where the work differs compared to the East Hill Well and Armstrong Springs projects.
2.7 Prepare Construction Cost Estimate: Prepare a construction cost estimate for City review
purposes at the 60-, 90-, and 100-percent reviews.
2.8 Provide City Design Reviews:
Provide the City with plans at the 60-, 90-, and 100-percent design levels, and specifications at
the 90- and 100-percent design levels for City review.
Project manager will meet up to two (2) times with City staff for 60- and 90-percent design
meetings to discuss and review the plans and specifications.
Edit plans and specifications at the 60- and 90-percent review levels based on City review
comments.
Finalize the plans and specifications at the 100-percent level and prepare them for bidding.
2.9 Provide Quality Assurance/Quality Control: Provide quality assurance/quality control
(QA/QC) services as part of Schedule A, to include a formal, internal QA/QC process and review
of the constructability of the project design and final deliverables.
Provided by City:
As-built drawings of best available information of the existing site, existing telemetry system
layout, existing buildings, and existing pump control panel layout.
Survey and base map in AutoCAD (dwg) format.
City front-end bidding documents.
Specification production.
RH2 Deliverables:
60-and 90-percent, and bid-ready design documents (drawings and specifications) in electronic
PDF.
60-, 90-, and 100-percent construction cost estimates.
One (1) electronic copy of the final plans in AutoCAD (dwg) format on a CD.
One (1) electronic copy of the final plans in PDF on a CD.
One (1) electronic copy of the final technical specifications in PDF and Word format on a CD.
One (1) full-size hard copy of final plans.
One (1) full record of materials.
52
Schedule B – Pump Station No. 4 Electrical and Generator Upgrades
BACKGROUND
There are two buildings at the Pump Station No. 4 facility. One building includes the electrical service
equipment and two 75 horsepower (hp) booster pumps that are currently operated by split-phase
across-the-line starters. The second building contains a third booster pump powered either electrically or
by a diesel engine. The City has decided to replace the existing electrical service equipment and motor
starters for the two 75 hp booster pumps. In addition, the City has requested that the existing manual
transfer switch be replaced with an automatic transfer switch. The proposed automatic transfer switch will
be connected to the City’s existing 350 Kilowatt (kW) portable generator parked at the site on a concrete
pad. The concrete pad does not currently exist and will be constructed as part of this project. To provide
space for the concrete pad, a retaining wall will need to be constructed. The City has requested that the
concrete pad include security fencing and that it is sized for the existing portable generator.
The major design and project elements at Pump Station No. 4 include the following:
Review motor starter characteristics.
Removal of the existing across-the-line split-phase motor starters for the two 75 HP booster
pumps and replacement with appropriate soft-starters.
Replacement of the existing electrical service equipment and manual transfer switch. The existing
manual transfer switch will be replaced with an automatic transfer switch.
Installation of proposed electrical raceway and conductors between the proposed electrical service
equipment and the location where the portable generator will be installed. Provisions shall be
provided via a handhold to redirect generator electrical conductors in the future near the existing
building where the existing diesel fire pump is located.
Construction of a concrete pad with security fencing for the City’s existing 350 kW portable
generator.
Site improvements for the construction of the concrete pad to include earth removal, structural
fill and prep work for the concrete foundation, a retaining wall, and vehicle access to the generator.
Isolation controls for current generator when portable generator is on site.
Task 3 – Project Management/Administration
Objective: Manage and coordinate engineering services required for the Schedule B project design.
Approach:
3.1 Project Management, Progress Reporting, Cost and Schedule Control, and Team
Management: Identify and designate a single point of contact to act as the RH2 project manager
during the design phase of the project. Manage the RH2 project team to track time and budget,
work elements accomplished, work items planned for the next period, labor, time, and budget
needed to complete the tasks listed in this Scope of Work. If needed, notify the City of scope
changes and obtain authorization to proceed from the City’s project manager prior to performing
the work. Prepare monthly project progress reports to identify what was accomplished for the
53
month, what is anticipated for the next month, and current or potential issues or changes. The
progress report will contain a summary of task costs, to date (in invoice format).
RH2 Deliverables:
Monthly progress reports to include the elements described in subtask 3.1 for the duration of the
project.
Task 4 – Site, Structural, and Electrical Design
Objective: Prepare bid-ready design plans and specifications for the proposed site, structural, and
electrical work at the existing Pump Station No. 4 facility.
Approach:
4.1 Attend Site Visit: Attend one (1) site visit at the Pump Station No. 4 site to collect information,
as needed, for the design related to the site, existing power distribution system, existing equipment
dimensions, conduit routing, comparison to the as-built drawings for the existing power
distribution system and site layout, and space evaluation for the proposed improvements.
4.2 Prepare Site Improvements Design Plans: Develop existing and proposed site and utility plans
and details, including building setbacks, site grading, generator concrete pad and security fencing
layout, and vehicle access to the generator concrete pad. The site design will be based on
City-provided topographic survey and base-map data.
4.3 Prepare Retaining Wall Design Plans:
Complete up to two (2) test pits at the site to document soil composition and develop design
parameters for the retaining wall.
Prepare a geotechnical memorandum detailing site conditions, including slope requirements,
bearing capacity, earth pressures, and groundwater control for design and construction of a
fill retaining wall to provide space for an emergency generator parking area.
Prepare one (1) design plan and one (1) detail sheet of the retaining wall and details.
Prepare stamped engineering calculations for building permit application.
Assumptions: The City shall mark the location on-site, call in utility locates prior to test pit digging, and
provide a backhoe and operator to perform test pits on-site. Test pit digging is assumed to take four (4) hours to
complete. This information along with geological documentation from the Department of Natural Resources Geology
Portal will be relied upon to develop the retaining wall design. The retaining wall will be a reinforced concrete
cantilever type wall. Wall height will be a maximum of 12 feet with surcharge loading associated with generator
parking.
4.4 Prepare Generator Concrete Pad Structural Design Plans: Develop structural plans and
details for the generator concrete pad, including generator support slab and applicable fall
protection.
4.5 Prepare Electrical Design Plans:
Develop electrical plans for the electrical and motor control equipment replacement and
installation of a new automatic transfer switch. Electrical plans are to include a one-line
54
diagram showing equipment layout, a power distribution and signal plan showing conduit
routing and equipment locations, electrical and motor control equipment installation details,
portable generator connection installation details, electrical schedules, and electrical details.
Prepare control logic diagrams for control of the booster pump motors.
Prepare an electrical site plan identifying the location of the City’s existing portable generator
and portable generator receptacle connections, site conduit routing, and site improvements
that are required for the installation of the portable generator concrete pad.
Prepare telemetry system diagrams for interfacing the proposed equipment with the existing
telemetry system. The proposed motor control equipment and automatic transfer switch will
communicate with the existing telemetry system via discrete input/output wiring. The telemetry
system diagrams will show the proposed telemetry system input and output signals and interface
requirements. The generator/transfer switch will be capable of inhibiting re-transfer to utility
power until allowed to do so by the PLC programming.
4.6 Prepare Specifications: Prepare technical specifications using CSI format and stamped
engineering calculations. The City shall attach the technical specifications to the City’s front-end
bidding documents and prepare the overall specification package. RH2 shall review the City-
provided documents for potential conflicts with the technical specifications and provide the City
with comments and suggestions for resolving conflicts between the two (2) documents. It is assumed
that the technical specifications from the East Hill Well and Armstrong Springs projects will be reused for this
project. The technical specifications will be modified for this project where the work differs compared to the East Hill
Well and Armstrong Springs projects.
4.7 Prepare Construction Cost Estimate: Prepare a construction cost estimate for City review
purposes at the 60-, 90-, and 100-percent reviews.
4.8 Provide City Design Reviews:
Provide the City with plans at the 60-, 90-, and 100-percent design levels, and specifications at
the 90- and 100-percent design levels for City review.
Project manager will meet up to two (2) times with City staff for 60- and 90-percent design
meetings to discuss and review the plans and specifications.
Edit plans and specifications at the 60- and 90-percent review levels based on City review
comments.
Finalize the plans and specifications at the 100-percent level and prepare them for bidding.
4.9 Provide Quality Assurance/Quality Control: Provide QA/QC services as part of Schedule B,
to include a formal, internal QA/QC process of qualified professional oversight and review of the
constructability of the project design and final deliverables.
Provided by City:
As-built drawings of best available information of the existing site, existing telemetry system
layout, existing buildings, and existing pump control panel layouts.
Survey and base map in AutoCAD format.
55
Backhoe and operator to perform test pits on-site.
City front-end bidding documents.
Specification production.
RH2 Deliverables:
One (1) electronic copy of the geotechnical memorandum in PDF format.
60- and 90-percent, and bid-ready design documents (drawings and specifications) in electronic
PDF format.
60-, 90-, and 100-percent construction cost estimates.
One (1) electronic copy of the final plans in AutoCAD (dwg) format on a CD.
One (1) electronic copy of the final plans in PDF on a CD.
One (1) electronic copy of the final technical specifications in PDF and Word format on a CD.
One (1) full-size hard copy of final plans.
One (1) full record of materials.
Project Schedule
RH2 will commence with design work after receiving a fully-executed original Agreement.
The City has indicated that it would like design completed in early Spring 2017 so that construction can
begin in June 2017. The following project schedule assumes that contract execution will occur in January
2017.
Deliverables
Anticipated
Completion
Schedule A
60 – Percent Design Submittal Contract Start + 1 month
60 – Percent Design City Review 2 weeks
90 – Percent Design Submittal Contract Start + 2 1/2
months
90 – Percent Design City Review 2 weeks
Submit Bid-Ready Plans, Specifications, Final Cost Estimate, and All
Final Deliverables to City
Contract Start + 3 ½
months
Schedule B
Prepare and Submit Geotechnical Memorandum Contract Start + 1 month
60 – Percent Design Submittal Contract Start + 1 month
56
60 – Percent Design City Review 2 weeks
90 – Percent Design Submittal Contract Start + 2 1/2
months
90 – Percent Design City Review 2 weeks
Submit Bid-Ready Plans, Specifications, Final Cost Estimate, and All
Final Deliverables to City
Contract Start + 3 ½
months
57
EXHIBIT B
City of Kent
Kent Springs and Pump Station No. 4
Electrical and Standby Generator Upgrades
Fee Estimate
Description Total
Hours Total Labor Total Expense Total Cost
Classification
Schedule A - Kent Springs Electrical and Standby Generator Upgrades
Task 1 Project Management/Administration 6 1,134$ 30$ 1,164$
1.1 Manage Project, Progress Reporting, Cost and Schedule, and Team 6 1,134$ 30$ 1,164$
Task 2 Site, Structural, and Electrical Design 223 34,807$ 4,057$ 38,864$
2.1 Attend Site Visit 12 2,072$ 128$ 2,200$
2.2 Prepare Site Improvements Design Plans 44 6,840$ 941$ 7,781$
2.3 Prepare Generator Shelter Structural Design Plans 12 1,776$ 272$ 2,048$
2.4 Perform Generator Sizing and Calculations 5 825$ 49$ 874$
2.5 Prepare Electrical Design Plans 112 16,804$ 2,079$ 18,883$
2.6 Prepare Specifications 11 1,772$ 104$ 1,876$
2.7 Prepare Construction Cost Estimate 11 1,780$ 155$ 1,935$
2.8 Provide City Design Reviews 6 1,074$ 283$ 1,357$
2.9 Provide Quality Assurance/Quality Control 10 1,864$ 47$ 1,911$
Subtotal Schedule A - Kent Springs Electrical and Standby Generator Upgrades Tasks 229 35,941$ 4,087$ 40,028$
Schedule B - Pump Station No. 4 Electrical and Generator Upgrades
Task 3 Project Management/Administration 4 756$ 20$ 776$
3.1 Manage Project, Progress Reporting, Cost and Schedule, and Team 4 756$ 20$ 776$
Task 4 Site, Structural, and Electrical Design 222 34,702$ 4,204$ 38,906$
4.1 Attend Site Visit 6 1,036$ 75$ 1,111$
4.2 Prepare Site Improvements Design Plans 36 5,560$ 799$ 6,359$
4.3 Prepare Retaining Wall Design Plans 66 10,304$ 1,226$ 11,530$
4.4 Prepare Generator Concrete Pad Structural Design Plans 12 1,776$ 272$ 2,048$
4.5 Prepare Electrical Design Plans 64 9,536$ 1,244$ 10,780$
4.6 Prepare Specifications 11 1,772$ 104$ 1,876$
4.7 Prepare Construction Cost Estimate 11 1,780$ 155$ 1,935$
4.8 Provide City Design Reviews 6 1,074$ 283$ 1,357$
4.9 Provide Quality Assurance/Quality Control 10 1,864$ 47$ 1,911$
Subtotal Schedule B - Pump Station No. 4 Electrical and Generator Upgrades Tasks 226 35,458$ 4,224$ 39,682$
PROJECT TOTAL 455 71,399$ 8,311$ 79,710$
J:\Data\KEN\s40\2016 Kent Springs Electrical Upgrades\Contract\PSA_FEE_Kent Springs and Pump Station No. 4 Electrical and Standby Generator Upgrades.xlsx 11/11/2016 2:06 PM
58
RATE LIST RATE UNIT
Professional I $137 $/hr
Professional II $150 $/hr
Professional III $159 $/hr
Professional IV $170 $/hr
Professional V $180 $/hr
Professional VI $189 $/hr
Professional VII $204 $/hr
Professional VIII $213 $/hr
Professional IX $213 $/hr
Technician I $96 $/hr
Technician II $101 $/hr
Technician III $129 $/hr
Technician IV $137 $/hr
Administrative I $65 $/hr
Administrative II $77 $/hr
Administrative III $92 $/hr
Administrative IV $108 $/hr
Administrative V $128 $/hr
CAD/GIS System $27.50 $/hr
CAD Plots - Half Size $2.50 price per plot
CAD Plots - Full Size $10.00 price per plot
CAD Plots - Large $25.00 price per plot
Copies (bw) 8.5" X 11"$0.09 price per copy
Copies (bw) 8.5" X 14"$0.14 price per copy
Copies (bw) 11" X 17"$0.20 price per copy
Copies (color) 8.5" X 11"$0.90 price per copy
Copies (color) 8.5" X 14"$1.20 price per copy
Copies (color) 11" X 17"$2.00 price per copy
Technology Charge 2.50% % of Direct Labor
Mileage $0.540
price per mile
(or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
EXHIBIT C
RH2 ENGINEERING, INC.
2016 SCHEDULE OF RATES AND CHARGES
10/19/201611:09 AM
59
EXHIBIT D 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.
60
EXHIBIT D (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.
61
This page intentionally left blank
62
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 21, 2016
TO: Public Works Committee
FROM: Gina Hungerford, Environmental Conservation Specialist
THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer
ITEM 7: Goods and Services Agreement with Environmental Coalition of
South Seattle (ECOSS) - Authorize
SUMMARY: The Goods and Services Agreement with Environmental Coalition of South
Seattle (ECOSS) provides assistance in overseeing three city-wide recycling events
each year, outreach to businesses and multi-family complexes to help reduce waste and
increase recycling in Kent.
EXHIBIT: Scope of Work and Budget
BUDGET IMPACT: The various activities and labor addressed by this Agreement will be
funded in full by Ecology’s Coordinated Prevention grant, King County’s Waste
Reduction and Recycling grant, and the Local Hazardous Waste Management Program
grant.
MOTION: Recommend Council authorize the Mayor to sign the consultant
services agreement with Environmental Coalition of South Seattle (ECOSS)
in an amount not to exceed $124,850 for the 2017 – 2018 Recycling
Program, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
63
This page intentionally left blank
64
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Environmental Coalition of South Seattle
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Environmental Coalition of South Seattle organized under the laws of the
State of Washington, located and doing business at 605 S. Riverside Dr., Seattle, WA 98108, Phone:
(206) 767-0432, Contact: Stephen Reilly (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 assist with the City's 2017-2018 Recycling Program. This includes
recycling collection events, composter sales, business outreach, and multi-family outreach.
For a description, see the Vendor's Scope of Work 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, 2018.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Twenty Four Thousand, Eight Hundred Fifty Dollars ($124,850.00), 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:
The Vendor shall be paid after execution of agreement and submittal of invoice for services
provided.
65
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
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
66
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
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.
67
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
68
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.
69
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:
Stephen Reilly
ECOSS
605 S. Riverside Dr.
Seattle, WA 98108
(206) 767-0432 (telephone)
(206) 767-0203 (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
ECOSS - Recycling 2017-2018/Hungerford
70
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: _________________________________________
71
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.
72
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: _________________________________________
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
94
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
95
This page intentionally left blank
96
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: November 21, 2016
TO: Public Works Committee
FROM: Kelly Peterson, AICP Transportation Engineering Manager
THROUGH: Chad Bieren P.E., Deputy Director / City Engineer
ITEM 8: Parking Ordinance Revision KCC 9.38
SUMMARY: The City received a Regional Mobility grant for the 1st Avenue North
Project which required the inclusion of the two electric vehicle parking stalls.
Sidewalks, street lights, street trees and parking along the west side of 1st Avenue
North are also included in the project.
Due to parking restrictions at the electric vehicle parking stalls, Kent City Code 9.38
must be amended. These restrictions include prohibiting non-electric cars from parking
in these stalls; require vehicles to be plugged in while parked and requires payment for
electricity being used while parked.
Two additional amendments to KCC 9.38 will prohibit parking on 72nd Avenue South
from South 262nd Street to S. 277th Street due to sight distance issues and 43rd Avenue
South due to undesirable activities.
EXHIBIT: Draft Kent City Code 9.38
BUDGET IMPACT: None
MOTION: Recommend Council Adopt an Ordinance Amending Chapter 9.38
of the Kent City Code to place parking restrictions on 1st Avenue North
pertaining to electric vehicle charging stations, and along 43rd Avenue
South and 72nd Avenue South subject to final terms and conditions as
approved by Public Works Director and the City Attorney.
97
This page intentionally left blank
98
1 Amend Chapter 9.38 KCC - Parking
ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, amending section
9.38.020, entitled “No parking zones,” adding a
new Section 9.38.035, entitled “Electric Vehicle
Parking Space – Penalty,” and amending Section
9.38.050, entitled “Parking prohibited from 4:00
a.m. to 7:00 a.m.”
RECITALS
A. Semi-trucks have been parking along 72nd Avenue South,
causing sight distance issues. Businesses in the area have expressed
concerns to city staff and upon consultation, the transportation engineer
determined that 72nd Avenue South from S. 262nd Street to S. 277th Street
shall be a no parking zone.
B. The cul-de-sac on 43rd Ave S has become an area where
criminal activity regularly occurs, including drug-related crimes, public
urination, prostitution, and littering. Since the beginning of 2016,
neighbors have initiated 14 9-1-1 calls, in addition to 13 officer-initiated
contacts. Neighbors have requested that the cul-de-sac be designated as
a no parking zone, which will assist police in their crime prevention and
law enforcement efforts.
C. On May 19, 2015, Kent City Council passed Resolution 1910,
which deannexed a section of S. 277th Street between Auburn Way S. and
99
2 Amend Chapter 9.38 KCC - Parking
700 feet east of L Street NE. Accordingly, the no parking zone along S.
277th Street has been modified to reflect the new jurisdictional boundary.
D. On October 19, 2010, and pursuant to House Bill 1481, the
city council passed Ordinance 3976, which allowed for an electric vehicle
infrastructure within the city.
E. On January 28, 2016, the city was awarded a Regional
Mobility Grant for parking and sidewalk improvements along 1st Avenue
North near the Sounder Station at the Kent Transit Center. The grant
requires the City install two electric vehicle charging stations.
F. Street sweeping is conducted on city streets in the early hours
of the morning. The traffic engineer has determined that certain streets
should be cleared of vehicles between the hours of 4:00 a.m. and 7:00
a.m., except Sundays and holidays, to allow the streets to be swept, and
has added First Avenue from James Street to Smith Street to the list of
streets where parking is prohibited during those hours.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 9.38.020 of the Kent City
Code, entitled “No parking zones,” is hereby amended as follows:
Sec. 9.38.020. No parking zones.
A. At such time as the traffic engineer shall place the appropriate sign
or signs, it shall be illegal to park any motor vehicle or other vehicle, as
those terms are defined in Chapter 46.04 RCW, at any time upon and on
100
3 Amend Chapter 9.38 KCC - Parking
either side of, unless otherwise indicated, the following roadways or
portions thereof:
1. 1st Avenue North: from the intersection of West James Street
to the north end of 1st Avenue North, east side only.
2. 1st Avenue North: from West James Street to West Smith
Street, east side only.
3. 2nd Avenue North: from West Smith Street to West Harrison
Street.
4. 2nd Avenue North: from South 228th Street to south end of
street.
5. 4th Avenue North and South: from SR 516/West Willis Street
to South 228th Street.
6. 5th Avenue North: from West James Street to north end of
5th Avenue North.
7. 6th Avenue North: from South 228th Street to south end of
street.
8. 6th Avenue South: from West Meeker Street to West Gowe
Street.
9. 26th Avenue South: both sides from South 272nd Street to
five hundred (500) feet north of South 272nd Street and on 26th Avenue
South from South 272nd Street to end of 26th Avenue South, east side
only.
101
4 Amend Chapter 9.38 KCC - Parking
10. 27th Avenue South: from South 240th Street to end of 27th
Avenue South.
11. 27th Place South: from South 259th Place north to South
256th Street.
12. 28th Avenue South: from South 240th Street to end of 28th
Avenue South.
13. 30th Avenue South: from South 240th Street to Kent-Des
Moines Road (SR 516).
14. 36th Place South: from South 272nd Street to 35th Lane
South.
15. 42nd Avenue South: from Reith Road to South 260th Street.
16. 43rd Avenue South: the cul de sac north of 42nd Place S. and
the attached spur road to the north.
1716. 54th Avenue South: from South 228th Street to South 226th
Street.
1817. 58th Place South: from Russell Road to South 194th Street.
1918. 58th Place South: from South 226th Street to south end of
58th Place South.
2019. 62nd Avenue South: from South 190th Street to South 196th
Street.
102
5 Amend Chapter 9.38 KCC - Parking
2120. 64th Avenue South: from south end of road to South 212th
Street.
2221. 66th Avenue South: from South 196th Street to South 190th
Street.
2322. 72nd/70th Avenue South: from South 228th Street to South
180th Street (43rd Avenue South).
24. 72nd Avenue South: from S. 262nd Street to S. 277th Street.
2523. 74th Avenue South: from South 259th Street to West Willis
Street (SR 516).
2624. 76th Avenue South: from South 228th Street to South 212th
Street.
2725. 77th Avenue South: from South 212th Street to north end of
road.
2826. 80th Avenue South: from South 180th Street (43rd Avenue
South) to South 196th Street, and 80th Avenue South from South 200th
Street to South 208th Street.
2927. 80th Place South: from 80th Avenue South to 84th Avenue
South.
3028. 81st Avenue South: from South 200th Street to South 196th
Street.
3129. 83rd Avenue South: from South 228th Street to South 224th
Street.
103
6 Amend Chapter 9.38 KCC - Parking
3230. 84th Avenue South/East Valley Highway/Central Avenue
North/Central Avenue South: from South 180th Street (43rd Avenue
South) to the Green River Bridge.
3331. 88th Avenue South: from East James Street to South 218th
Street.
3432. 94th Avenue South: from Canyon Drive to South 240th
Street.
3533. 97th Place South: from Canyon Drive to 100th Avenue
Southeast.
3634. 100th Avenue Southeast: from Southeast 248th Street to
Southeast 218th Street.
3735. 101st Avenue Southeast: from Southeast 256th Street (SR
516) to Southeast 260th Street.
3836. 102nd Avenue Southeast: from Southeast 240th Street to the
north end of 102nd Avenue Southeast.
3937. 104th Avenue Southeast (SR 515): from Southeast 272nd
Street to north city limits.
4038. 108th Avenue Southeast: from Southeast 281st Street to
Kent-Kangley Road (SR 516).
4139. 108th Avenue Southeast: from Southeast 244th Street to
Southeast 236th Place.
104
7 Amend Chapter 9.38 KCC - Parking
4240. 109th Avenue Southeast: from Southeast 256th Street to
Southeast 248th Street.
4341. 112th Avenue Southeast: from south end of 112th Avenue
Southeast to Southeast 232nd Street.
4442. 114th Avenue Southeast: from Kent-Kangley Road to south
end of street.
4543. 116th Avenue Southeast: from Southeast 227th Place to
Southeast 274th Way.
4644. 116th Avenue Southeast: from Southeast 248th Street to
Southeast 256th Street, west side only.
4745. 117th Avenue Southeast: from Southeast 244th Street to end
of street.
4846. 118th Court Southeast: from Southeast 244th Street to end
of street.
4947. 19th Court Southeast: from Southeast 244th Street to end of
street.
5048. 119th Way/120th Place Southeast: from Southeast 244th
Street to Southeast 244th Street.
5149. 120th Avenue Southeast: from the gate on Southeast 268th
Street to Southeast 270th Street, north and east sides only.
5250. 124th Avenue Southeast: from Southeast 248th Street to
Southeast 282nd Street.
105
8 Amend Chapter 9.38 KCC - Parking
5351. 132nd Avenue Southeast: from Southeast 236th Street to
Southeast 288th Street.
5452. 140th Avenue Southeast: from Southeast 256th Street to
Southeast 260th Street.
5553. 144th Avenue Southeast: from Kent-Kangley Road (SR 516)
to Southeast 288th Street.
5654. 148th Avenue Southeast: from Southeast 256th Street to
Southeast 240th Street.
5755. 148th Avenue Southeast/152nd Way Southeast: from North
City Boat Ramp to Kent-Kangley Road (SR 516).
5856. 152nd Avenue Southeast/152nd Way Southeast: from Kent-
Kangley Road (SR 516) to SR 18.
5957. Alder Lane/South 262nd Street: from Central Avenue South
to five hundred (500) feet east of Central Avenue South.
6058. Cambridge Way: two hundred (200) feet south of South
262nd Street, west side only.
6159. East Canyon Drive: from Hazel Avenue North to 101st Avenue
Southeast.
6260. East Gowe Street/West Gowe Street: from Railroad Avenue
South to 1st Avenue South.
106
9 Amend Chapter 9.38 KCC - Parking
6361. East Gowe Street: from Railroad Avenue South to Central
Avenue South, south side only, and from Central Avenue South to
Kennebeck Avenue South.
6462. East Harrison Street: from one hundred forty (140) feet west
of 4th Avenue North to 4th Avenue North, south side only.
6563. East Meeker Street/West Meeker Street: from Railroad
Avenue South to 1st Avenue South.
6664. East Pioneer Street: from one hundred seventy (170) feet
east of Central Avenue to State Avenue, south side only, and from Central
Avenue South to two hundred (200) feet east of Central Avenue, north
side only.
6765. East Pioneer Street: from Railroad Avenue North to Central
Avenue North.
6866. East Titus Street: from 3rd Avenue South to 4th Avenue
South, north side only; police vehicle parking only.
6967. East Titus Street: from West Gowe Street to Reiten Road
South, southeast side only.
7068. East Titus Street/West Titus Street: from Railroad Avenue
South to 1st Avenue South.
7169. East Titus Street: from East Smith Street to Reiten Road
South.
7270. Frager Road South: from West Meeker Street to South 204th
Street.
107
10 Amend Chapter 9.38 KCC - Parking
7371. Interurban Trail Street: from Meeker Street to Smith Street.
7472. Kennebeck Avenue South: from East Smith Street to East
Ward Street.
7573. Lake Fenwick Road: from South Reith Road to South 272nd
Street.
7674. Lakeside Boulevard East: from South 240th Street to South
228th Street.
7775. Lakeside Boulevard West: from Lakeside Boulevard East to
South 228th Street.
7876. Landing Way: from 64th Avenue South to West Valley
Highway.
7977. Lincoln Avenue North: from West Meeker Street to West
James Street.
8078. Maple Street South: from Woodland Way South to Garfield
Avenue South, south side only.
8179. Military Road South/36th Avenue South/Military Road South:
from South 228th Street to South 272nd Street.
8280. Novak Lane: from Central Avenue to west end of street.
8381. Ramsay Way: from 4th Avenue North to two hundred thirty
(230) feet east of 4th Avenue North.
108
11 Amend Chapter 9.38 KCC - Parking
8482. Ramsay Way: from three hundred fifty (350) feet east of 4th
Avenue North to four hundred forty (440) feet east of 4th Avenue North,
south side only.
8583. Ramsay Way: from three hundred fifty (350) feet east of 4th
Avenue North to four hundred eighty (480) feet east of 4th Avenue North,
north side only.
8684. Ramsay Way: from five hundred twenty (520) feet east of 4th
Avenue North to one hundred fifty (150) feet north of West Temperance
Street.
8785. Ramsay Way: from West Temperance Street to West Smith
Street.
8886. Riverview Boulevard: from South 216th Street to South
232nd Street.
8987. Russell Road South: from end of street at Green River Trail to
West James Street.
9088. Russell Road South: from South 228th Street to South 212th
Street.
9189. South 188th Street: from West Valley Highway (SR 181) to
72nd Avenue South, and South 188th Street from a point nine hundred
sixty (960) feet west of 80th Avenue South westerly to the end of the
street at the BNSF Railway Company tracks.
9290. South 190th Street: from West Valley Highway to 72nd
Avenue South.
109
12 Amend Chapter 9.38 KCC - Parking
9391. South 192nd Street: from the west end of the road to 84th
Avenue South.
9492. South 194th Street: from 58th Place South to 66th Avenue
South.
9593. South 194th Street: from 84th Avenue South to west end of
street at BNSF Railway Company tracks.
9694. South 196th Street/Russell Road/South 200th Street: from
84th Avenue SouthSR 167 to the Green RiverOrillia Road.
9795. South 200th Street: from 80th Avenue South to 84th Avenue
South.
9896. South 202nd Street: from 80th Avenue South to west end of
street at BNSF Railway Company tracks.
9997. South 204th Street: from West Valley Highway (SR 181) to
72nd Avenue South.
10098. South 206th Street: from 72nd Avenue South to 77th
Avenue South.
10199. South 208th Street: from 80th Avenue South to west
end of street at BNSF Railway Company tracks.
102100. South 208th Street: from 84th Avenue South to 96th
Avenue South.
103101. South 212th Street: from west city limits to east city
limits.
110
13 Amend Chapter 9.38 KCC - Parking
104102. South 216th Street: from 64th Avenue South to 72nd
Avenue South.
105103. South 216th Street: from 84th Avenue South to the
west end at BNSF Railway Company tracks.
106104. South 218th Street: from 84th Avenue South to SR
167.
107105. South 220th Street: from West Valley Highway (SR
181) to 72nd Avenue South.
108106. South 222nd Street: from west end at BNSF Railway
Company tracks to SR 167.
109107. South 224th Street: from 83rd Avenue South to east
end of road.
110108. South 226th Street: from 54th Avenue South to 64th
Avenue South.
111109. South 228th Street: from Russell Road South to 83rd
Avenue South.
112110. South 231st Way: from Military Road South to Russell
Road South.
113111. South 234th Street: from West Valley Highway to east
end of street.
111
14 Amend Chapter 9.38 KCC - Parking
114112. South 236th Street: from Lakeside Boulevard East to
64th Avenue South.
115113. South 240th Street: from 27th Avenue South to I-5.
116114. South 252nd Street: from Canyon Drive (SR 516) to
east end of road.
117115. South 256th Street: from 27th Place South east to the
traffic control gate.
118116. South 259th Street: from 74th Avenue South to east
city limits.
119117. South 260th Street/South 259th Place South/Reith
Road South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road
(SR 516).
120118. South 268th Street: from Military Road South to
Princeton Avenue South.
121119. South 272nd Street: from Lake Fenwick Road South to
42nd Avenue South, north side only.
122120. South 277th Street and Southeast 274th Way: from
Auburn Way North700 feet east of L Street NE to 116th Avenue Southeast.
123121. South Central Place: from South 266th Street to the
end of South Central Place.
124122. Southeast 236th Street: from 104th Avenue Southeast
(SR 515) to 108th Avenue Southeast, south side only.
112
15 Amend Chapter 9.38 KCC - Parking
125123. Southeast 239th Street: from 102nd Avenue Southeast
to 104th Avenue Southeast.
126124. Southeast 244th Street: from 120th Avenue Southeast
to 116th Avenue Southeast.
127125. Southeast 248th Street: from 104th Avenue Southeast
to 116th Avenue Southeast, south side only.
128126. Southeast 248th Street: in front of George Daniels
Elementary School.
129127. Southeast 256th Street: from 101st Avenue Southeast
to 148th Avenue Southeast.
130128. Southeast 260th Street: from 100th Avenue
Southeast/97th Place South to 108th Avenue Southeast.
131129. Southeast 264th Street: from 124th Avenue Southeast
to 127th Avenue Southeast, north side only.
132130. Southeast 267th Street: from 102nd Avenue Southeast
to 104th Avenue Southeast, north side only.
133131. Southeast 282nd Street: from 132nd Avenue Southeast
to 144th Avenue Southeast.
134132. SR 99 (Pacific Highway South): from Kent-Des Moines
Road (SR 516) to South 272nd Street.
113
16 Amend Chapter 9.38 KCC - Parking
135133. West Cloudy Street: from 4th Avenue North to 5th
Avenue North.
136134. West Gowe Street: from 6th Avenue South to three
hundred (300) feet east of 6th Avenue South.
137135. West James Street/East James Street/South 240th
Street/Southeast 240th Street: from Russell Road to 148th Avenue
Southeast.
138136. West Meeker Street: from Kent-Des Moines Road (SR
516) to 6th Avenue South.
139137. West Saar Street: from west end of street to 4th
Avenue South, south side only.
140138. West Sam Street: from West Valley Highway (SR
181/Washington Avenue) to end of street.
141139. West Smith Street/East Smith Street: from 64th
Avenue South to Jason Avenue South.
142140. West Temperance Street: from Ramsay Way to 1st
Avenue North.
143141. West Valley Highway South/Washington Avenue
South/Washington Avenue North/68th Avenue South: from south city
limits to north city limits.
144142. West Willis Street/East Willis Street: from 4th Avenue
South to Central Avenue South.
114
17 Amend Chapter 9.38 KCC - Parking
145143. Woodland Way South: from East Maple Street to South
262nd Street.
146144. Southeast 224th Place: from 133rd Avenue Southeast
to 134th Place Southeast, south side only.
147145. Southeast 225th Place: from 132nd Place Southeast to
133rd Avenue Southeast, north side only.
148146. Southeast 227th Street: from 132nd Place Southeast to
134th Place Southeast, south side only.
149147. 132nd Place Southeast: from Southeast 227th Street to
Southeast 227th Place, east side only.
150148. 133rd Place Southeast: from Southeast 226th Street to
Southeast 227th Street, west side only.
151149. 134th Place Southeast: from Southeast 224th Place to
Southeast 225th Place, east side only.
152150. 134th Place Southeast: from Southeast 227th Street to
Southeast 227th Place, east side only.
B. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles
parked in violation of this section are subject to impoundment as provided
by law.
SECTION 2. – New Section. Chapter 9.38 of the Kent City Code,
entitled “Parking,” is hereby amended to add a new section 9.38.035,
entitled “Electric vehicle parking space – Penalty,” to read as follows:
115
18 Amend Chapter 9.38 KCC - Parking
Sec. 9.38.035. Electric vehicle parking space – Penalty.
A. No person shall park any non-electric vehicle in a parking space
designated as an electric vehicle parking space.
B. No person shall park an electric vehicle in an electric vehicle parking
space if the vehicle is not connected to charging equipment.
C. No person shall park an electric vehicle in an electric vehicle parking
space for longer than the posted time.
D. It is a violation of this Chapter for any person to stop, stand or park
an electric vehicle in an electric vehicle parking space which requires a fee
for charging without paying the posted fee.
E. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles
parked in violation of this section are subject to impoundment as provided
by law.
SECTION 3. - Amendment. Section 9.38.050 of the Kent City
Code, entitled “Parking prohibited from 4:00 a.m. to 7:00 a.m.,” is hereby
amended as follows:
Sec. 9.38.050. Parking prohibited from 4:00 a.m. to 7:00
a.m.
A. At such time as the traffic engineer shall place the appropriate sign,
it shall be illegal to park any motor or other vehicle between the hours of
4:00 a.m. and 7:00 a.m., except Sundays and holidays, on either side of,
unless otherwise indicated, the following locations:
116
19 Amend Chapter 9.38 KCC - Parking
1. Meeker Street: from Fourth Avenue to State Avenue.
2. Gowe Street: from Meeker Street to State Avenue.
3. Titus Street: from Fourth Avenue to Central Avenue.
4. First Avenue: from Smith Street to Titus Street.
5. Second Avenue: from Harrison Street to Saar Street.
6. Railroad Avenue: from James Street to Titus Street.
7. State Avenue: from Smith Street to Gowe Street.
8. First Avenue: from James Street to Smith Street.
B. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles
parked in violation of this section are subject to impoundment as provided
by law.
SECTION 4. – 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 5. – 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;
117
20 Amend Chapter 9.38 KCC - Parking
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force 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
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\9.38 - Parking.docx
118
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 21, 2016
TO: Public Works Committee Members
FROM: Kelly Peterson, AICP, Transportation Engineering Manager
THROUGH: Chad Bieren, P.E., – Deputy Director / City Engineer
ITEM 9: LED Street Light Conversion - Puget Sound Energy Recognition
SUMMARY: The city of Kent recently completed the LED Street Light Conversion
project of city-owned street lights. The city received a $375,000 Energy grant from
the Washington State Department of Commerce and rebates of $509,511 from
Puget Sound Energy. Overall the project was completed under budget. The project
was funded in part through a $1.5 million inter-fund loan which was less than
expected. The payback period will be approximately 8 years.
This project was completed in partnership with the Kent Parks Department,
Ameresco, NW Edison, Washington Departments of the Commerce and Enterprise
Services.
EXHIBIT: None
BUDGET IMPACT: None
INFORMATION ONLY/NO MOTION REQUIRED
119
This page intentionally left blank
120
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 21, 2016
TO: Public Works Committee
FROM: Shawn Gilbertson, Environmental Supervisor
THROUGH: Chad Bieren P.E., Deputy Director / City Engineer
ITEM 10: Information Only/Surface Water Design Manual
SUMMARY: The City of Kent Surface Water Design Manual will be updated to adopt the
new 2016 King County Surface Water Design Manual. This is required in order to
comply with the State of Washington Phase II Municipal Stormwater General Permit;
under which the city of Kent is covered. The update is needed to comply with the
Permit requirement that the City of Kent’s standards for stormwater management are
equivalent to those of the Washington State Department of Ecology’s 2014 Stormwater
Management Manual for Western Washington.
BACKGROUND: The city of Kent is mandated by Federal and State Clean Water Act
regulations to develop local stormwater management regulations that are consistent
with the state stormwater standards. Kent achieves compliance through the adoption of
the King County Surface Water Design Manual. New Clean Water Act rules require an
update to municipal stormwater standards. Thus King County has updated its surface
water design manual and Kent will be adopting this latest update. The new standards
must be in place by January 1, 2017.
Kent adopts the King County Surface Water Design Manual using the Kent Surface
Water Design Manual. The Kent Surface Water Design Manual highlights city-specific
standards as well as deviations from the implementation of King County standards due
to geographic and procedural differences between Kent and King County. While Kent
can use different methods of implementing these standards as denoted in the Kent
Manual, the level of environmental protection cannot be weakened
The new King County Surface Water Design Manual contains many of the same
requirements that have been a part of Kent’s design standards for at least 14 years.
However, there will be new standards that will impact development in a significant way;
mainly the requirements for increased flow control, including the use of Low Impact
Development stormwater management practices like rain gardens and pervious
INFORMATION ONLY/NO MOTION REQUIRED
121
pavement. Please see attached a summary of changes highlighting the most notable
changes to the King County Manual.
Staff will provide draft versions of the new Kent Surface Water Design Manual and the
Adopting Ordinance. The new King County Manual is available online here:
http://www.kingcounty.gov/services/environment/water-and-
land/stormwater/documents/surface-water-design-manual.aspx
BUDGET IMPACT: There are likely to be impacts to staff workloads as well as possible
impacts to development costs.
122
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 21, 2016
TO: Public Works Committee Members
FROM: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 11: Information Only/Quiet Zone Update
SUMMARY: Staff will provide an update on progress to date.
EXHIBIT: None
BUDGET IMPACT: None
INFORMATION ONLY/NO MOTION REQUIRED
123