HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/02/2013 CITY OF KENT
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Agenda
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July 2, 2013
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
Elizabeth Albertson
m Bill Boyce
Jamie Perry
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Dana Ralph
u Deborah Ranniger
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Les Thomas CIFY CLERK
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KENT CITY COUNCIL AGENDAS
KENT July 2, 2013
W>_HI. N Council Chambers
Mayor Suzette Cooke
Dennis Higgins, President
Councilmember Elizabeth Albertson Councilmember Bill Boyce
Councilmember Jamie Perry Councilmember Dana Ralph
Councilmember Deborah Ranniger Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Sound Transit on the Federal Way Cathal Ridge 30 minutes
Transit Extension
2. King County Flood Control District Mike Mactutis 15 minutes
2014 Budget Process
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COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Legislative Update
D. Intergovernmental Reports
5. PUBLIC HEARINGS
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting and Workshop - Approve
B. Payment of Bills - None
C. Excused Absence for Councilmember Ranniger - Approve
D. Puget Sound Energy Conversion Schedule 74 Design Agreement/
SR 516 to S. 231st Way Levee Project - Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
E. 112th Avenue Watermain/Joint Utility Trench Agreement with
CenturyLink — Authorize
F. Central Avenue South Pavement Preservation Acceptance of Federal
Grant — Accept
S. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Property Negotiations
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office. The Agenda Summary page and complete packet are on the City of
Kent web site at www.KentWa.gov
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) Sound Transit on the Federal Way Transit Extension
2) King County Flood Control District 2014 Budget Process
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Legislative Report
D) Intergovernmental Reports
PUBLIC COMMENT
Agenda Item: Consent Calendar 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through F.
Discussion
Action
7A. Approval of Minutes.
Approval of previous meetings and workshop of June 18, June 12, March 8 & 9,
2013.
7B. Approval of Bills.
There are no bills for approval.
�1 KENT
Kent City Council Meeting
June 18, 2013
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke.
Councilmembers present: Mayor Cooke, Councilmember Albertson, Councilmember
Boyce, Councilmember Perry, Councilmember Ralph, Councilmember Ranniger and
Councilmember Les Thomas. Council President Dennis Higgins was excused from the
meeting.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. None.
B. From the Public. None.
PUBLIC COMMUNICATIONS
A. Public Recoanition. Councilmember Thomas communicated that his seventh
grandchild was born last week and another will be born in October, a boy.
Councilmember Albertson communicated that her husband is cancer-free and
her youngest has graduated.
B. Community Events. Mayor Cooke introduced Jeff Watling and he discussed the
kaBOOM! event at Turnkey Park. He thanked the volunteers and sponsors, to include
Disney, for their service and work on the event. He noted that the opening and
dedication will be July 19 at 4:00 p.m.
Councilmember Ralph thanked the Parks Department.
C. Kent International Festival. Mayor Cooke introduced Dave & Pam Mortensen,
Festival Coordinators and Nancy Skipton, Entertainment Coordinator. Mr. Mortensen
highlighted the World Dance and Kent International Festival. He communicated that
there would be over 200 volunteers and 33 entertainers at the event and all the
booths are culture related.
E. Interaovernmental Report. Councilmember Ralph stated she had no report. The
Regional Law Safety and Justice will meet at the end of July.
Councilmember Albertson said tolling and statewide options were the main topics at
the South County Area Transportation Board meeting. She noted that the rest of the
meeting was about their contract.
Councilmember Perry discussed the Sound Cities Association (SCA) Board of Directors
meeting and they will be supporting the Public Issues Committee (PIC) positions on
the 2013 Transportation Package. She noted that the Lodging Tax Advisory Committee
will be listening to presentations with companies concerning the branding of Kent. She
added that there are positions open with the PIC next year.
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Kent City Council Minutes June 18, 2013
Mayor Cooke added that the SCA transportation item passed the Board of Directors by
a unanimous vote except for one city. She added that there are a lot of openings this
coming year. She noted that it would make sense for people to attend their meetings
now in order to get somewhat of a higher ranking when it is time to make choices for
members.
Councilmember Perry continued discussion concerning the SCA vacancies and noted
that Kent needs to have someone at the table.
Mayor Cooke stated that Council President Higgins is in line to be the Sound Cities
Caucus Chair.
Councilmember Perry suggested that Deanna Dawson be invited and have council
members speak with her.
Mayor Cooke suggested Michelle Wilmot look into other appointments the City may
need to have involvement in. She added that the media presentation is located on the
SCA website. She also communicated that the Green River will have a System-wide
Improvement Framework (SWIF) study.
Councilmember Albertson communicated that she signed a letter concerning Bill 1954.
She added that other cities are jockeying for positions now on SCA.
F. Public Safety Report. Police Chief Ken Thomas communicated that he has hired
six police officers and another from Somalia who speaks six different languages. He
communicated that four of the six hired have previous experience. He gave his report
on crime statistics and highlighted that fireworks are only allowed in Kent from
9:00 a.m. - 11:00 p.m. on July 4.
Councilmember Ralph stated that she was pleased with the traffic control at the
graduation events.
PUBLIC HEARINGS
A. 2014 - 2019 Six-Year Transportation Improvement Program (TIP),
Resolution. Mayor Cooke explained that this Six-Year Transportation Improvement
Program is a planning tool that includes planning studies, street, bicycle, pedestrian,
traffic signal, and transit improvements as well as street maintenance and
preservation projects. Mayor Cooke presented Cathy Mooney, from the Public Works
Department, who stated that the Six-Year Transportation Improvement Program is
updated every year by law. She added that this document allows the City to look for
funding partners and apply for grants. She highlighted the changes in the 2014 TIP.
She noted that the plan can be found online at www.kentwa.gov/transportation.
Councilmember Albertson clarified that this isn't the work plan. She stated this is the
assessment of what the City would like to have if everything could be funded. She said
this isn't an actual list of what the City is prioritizing. It is a communication tool to give
to the State and Federal delegation in order to get funding.
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Kent City Council Minutes June 18, 2013
Councilmember Perry said she spoke with Mr. LaPorte to come up with objective ways
to measure all necessary transportation projects in the City and the list would include
values, what money the City has, is the road well travelled, is the road in good
condition, etc. She felt that there should be a list for the Council to focus on.
Mayor Cooke opened the public hearing.
There was no public comment.
Councilmember Thomas moved to close the public hearing, seconded by
Councilmember Perry. Motion carried 6-0.
Councilmember Albertson moved to adopt Resolution No. 1876 approving the
2014-2019 Six-Year Transportation Improvement Program (TIP). Seconded
by Councilmember Ralph.
Councilmember Albertson spoke to her motion.
A vote was taken on the motion on the table which carried 6-0.
PUBLIC COMMENT
R.C. Sample, Kent, highlighted that there will be an informational meeting concerning
the possible sale of the Riverbend Par 3 course. He noted that there has been a
significant loss of play at the course. He added that the operating loss for the cost is
less than a $1 per person. He felt that this is a small problem for the community with
the other issues going on.
CONSENT CALENDAR
Councilmember Thomas moved to approve Consent Calendar Items A through
O, seconded by Councilmember Perry. The motion carried and the following
items were approved:
A. Minutes of the workshops and regular Council meetings of June 4, 2013 and
May 21, 2013, were approved.
B. Approval of Bills. Payment of the bills received through May 15 and paid on
May 15, after auditing by the Operations Committee on June 4, 2013, were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/15/13 Wire Transfers 5467-5486 $1,915,421.24
5/15/13 Regular Checks 673018-673372 1,080,355.24
5/15/13 Use Tax Payable 2,715.34
$2,998,491.82
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Kent City Council Minutes June 18, 2013
Approval of checks issued for payroll for May 1 through May 15 and paid on May 20,
2013:
Date Check Numbers Amount
5/20/13 Checks 331631-331833 $ 102,834.46
5/20/13 Advices 313934-314564 1,237,241.83
$1,340,076.29
C. SE 256th St. Improvements-Puaet Sound Enerav Proiect Construction
Agreement. The Mayor was authorized to enter into a construction agreement
between the city of Kent and Puget Sound Energy for the underground conversion of
overhead utilities on the SE 256th St. Project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
D. SE 256th St. Improvements—Joint Utility Trench Agreement with Comcast.
The Mayor was authorized to enter into a joint utility trench agreement between the
city of Kent and Comcast for the underground conversion of overhead utilities on the
SE 256th Street Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
E. SE 256th St. Improvements—Joint Utility Trench Aareement with
CenturvLink. The Mayor was authorized to enter into a joint utility trench agreement
between the city of Kent and Centuryl-ink for the underground conversion of overhead
utilities on the SE 256th St. Project, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
F. Tacoma Water Storage Annual Release. The Mayor was authorized to approve
the annual release of one half of Kent's share of water associated with the Additional
Water Second Supply Project (AWSP), subject to final terms and conditions acceptable
to the City Attorney and the Public Works Director.
G. Contract with Sahlbera Eauipment Company for Water Valve Exerciser. The
Mayor was authorized to enter into an agreement to purchase a Hurco SD800 Versatile
Valve Exerciser from Sahlberg Equipment Company in an amount not to exceed
$24,856, subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
H. Kent Valley Loop Trail Art Master Plan Contract. The Mayor was authorized to
enter into an agreement with artist Ellen Sollod in the amount of $25,000 to serve as
Artist Master Planner as part of the Kent Valley Loop Trail planning team, subject to
final terms and conditions acceptable to the City Attorney and Parks Director.
I. Kent Municipal Court Proiect with Evergreen Technologies, Inc. The Kent
Municipal Court Project with Evergreen Technologies, Inc. was accepted as complete.
J. Hewlett Packard/Western States Contracting Alliance (HP/WSCA)
Contract. The Mayor was authorized sign a purchase order in the amount of $97,592
for the purchase of 125 HP 8300 Desktop PC's, services, and maintenance, subject to
terms and conditions acceptable to the City Attorney and Information Technology
Director.
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Kent City Council Minutes June 18, 2013
K. Substance Abuse and Mental Health Services Administration (SAMHSA1
Sober Truth on Preventina Underaae Drinkina Act (STOP Act) Grant Award.
The Mayor was authorized to accept the Substance Abuse and Mental Health Services
Administration grant in an amount of $48,258, the Mayor was authorized sign any
necessary documents, amend the budget and authorize expenditure of the funds in
accordance with the grant terms acceptable to the Police Chief and City Attorney.
L. Target Zero Teams Grant Award. The Mayor was authorized to accept the
Target Zero Teams Community Outreach grant in an amount of $8,000, the Mayor was
authorized to sign any necessary documents, amend the budget and authorize
expenditure of the funds in accordance with the grant terms acceptable to the Police
Chief and City Attorney.
M. Police Records Specialist Position. The Mayor was authorized to add a Records
Specialist position to the police department.
N. Valley Special Weapons and Tactics Team Interlocal Agreement for
Services. The Mayor was authorized to enter into an interlocal agreement for services
of the Valley Special Weapons and Tactics Team for response to serious criminal
occurrences in jurisdictions that are not participating members of VSWAT, subject to
final terms and conditions acceptable to the City Attorney and Police Chief.
O. Excused Absence for Council President Higgins. An excused absence for
Council President Higgins as he was unable to attend the June 18, 2013, Council
meeting was approved.
BIDS
A. 237T" Place Watermain Materials. Tim LaPorte, Public Works Director, briefly
explained the project and noted his recommendation awarding this contract to the low
bidder, HD Supply Waterworks. He communicated the location of the project for
Councilmember Ralph.
Councilmember Albertson moved to award the 237T" Place Watermain
Materials Project contract to the lowest responsive bidder, HD Waterworks in
the amount of $51,169.05 and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director, seconded by Councilmember Ralph.
Motion carried 6-0.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. None.
B. Mayor. None.
C. Administration. Interim Chief Administrative Officer Brubaker stated he had no
report but there would be an executive meeting for 15 minutes.
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Kent City Council Minutes June 18, 2013
D. Economic & Community Development Committee. Councilmember Perry said
there was no report but noted that the City Center project has been started on 4th and
Smith.
E. Operations Committee. None.
F. Parks and Human Services Committee. Councilmember Ranniger stated that
there will be a discussion on cost analysis at the Parks & Human Services Committee
meeting on Thursday.
G. Public Safety Committee. None.
H. Public Works Committee. Councilmember Albertson thanked the Mayor for the
reminder about the social media training being on the website. She introduced Cathy
Mooney who presented the Street Maintenance Funding binder and stated that there
was an Ad Hoc Committee started last year concerning street maintenance and
displayed a map showing what the City could do with $10 million per year. She said
this committee recommended a B&O Tax, a formation of transportation benefit district
plus a six year levy and after that there was a project list established by a Parks and
Streets Committee after generating a $1.7 million from that levy. She highlighted that
she, Council President Higgins, and Councilmember Ralph were on that Ad Hoc
Committee and hired Berk and Associates to do a study and found the City was lacking
in revenue generated from the business community. Then, the levy lid lift failed and
the Council enacted a B&O Tax hoping to generate $5 million per year, which is still
not generating enough to take care of the street problems. She highlighted the
information in the binder which showed how bad the roads were. She noted that the
Chamber thought the binder was the City's work plan, it isn't. It just identifies what
the City needs to address. She noted that the letters from the Chamber said they
wanted to support the $10 million map. She stated that also in the binder is every
project funded by an LID, how projects have been funded, and how they will be funded
in the future. She said there has been a lot of confusion and wanted to provide clarity.
She communicated that the B&O will be used to fix the road, not for overlay.
Councilmember Perry thanked Councilmember Albertson for bringing the binder. She
noted that this will help guide the City in allocating scarce resources in the future.
I. Reaional Fire Authority. Councilmember Thomas communicated that the Edge
Training from June 12 was fantastic. He communicated that the facilitator was amazing
and very bright. He also discussed the dedication ceremony at Station 74.
Mr. Brubaker communicated that there should be action taken after the executive
session.
EXECUTIVE SESSION
At 8:12 p.m. the Council adjourned into Executive Session.
At 8:28 p.m. meeting reconvened.
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Kent City Council Minutes June 18, 2013
Councilmember Thomas moved to authorize the Mayor to sign a three-year
collective bargaining agreement, consistent with the terms presented to the
Council, with the Kent Police Officers Association (KPOA) - Assistant Chiefs &
Commanders effective January 1, 2013 through December 31, 2015,
seconded by Councilmember Boyce. Motion carried 6-0.
ADJOURNMENT
The meeting adjourned at 8:30 p.m.
Ronald F. Moore, MMC
City Clerk
7
Z' KENT
Kent City Council Workshop
June 18, 2013
The meeting was called to order at 5:30 p.m. by Acting Council President Thomas.
Councilmembers present: Thomas, Perry, Ranniger, Boyce, Ralph.
Legislative Update. Michelle Wilmot communicated that this evening a new revenue
forecast was released and it has gone up by $231 million based on caseload savings
and housing market revenue growth. She also stated legislators are warning of
further adjustments based on other bills. Additionally, there is word that a capital
budget would be put off until the fall and that there may be a new transportation
proposal put out by Governor Inslee which may include Columbia River funding. She
expressed concern that the Governor has asked his agency directors for the list of
very essential programs in the event the legislature can't get a budget agreed upon
by the end of this month because layoff notices have to be given out by this Monday.
Levees. Tim LaPorte, Public Works Director gave the levee update. He introduced
Mark Howlett, Mike Mactutis, and Alex Murillo, all City Engineers. Mr. LaPorte said
there are four signigicant reasons why the City addresses levees. Those reasons are;
1) safety, 2) certification, 3) recreational aspects, and 4) the survival of the
endangered species in the river. He highlighted the Howard Hansen Dam which is
utilized for flood protection and drinking water. Mr. LaPorte and his staff gave a full
report, which included the full financial information on each of the levees.
Councilmember Perry inquired about the property in the Briscoe Park area and
Mr. LaPorte noted that the levee across this one needs to be paid attention to and is
owned by King County and Tukwila.
Mr. LaPorte highlighted that the City can't certify anything north of Horseshoe Bend
until all of the levees are certified. He expressed concern because he felt the City will
have some public relations issues with The Lakes in the future since some property,
no buildings, will need to be acquired from them.
Mr. Mactutis pointed out that the FEMA Mapping would be done around 2015, so the
City is working to get the certification done by 2014. He highlighted that the City has
spent about $10 million in storm water funds.
Interim Chief Administrative Officer Brubaker noted that he visited the sites today and
said the work done is quite impressive. He thanked Tim and his team.
The meeting adjourned at 6:20 p.m.
Ronald F. Moore, MMC
City Clerk
Z' KENT
Kent City Council Special Meeting
June 12, 2013
The meeting was called to order at 5:35 p.m. by Council President Higgins.
Councilmembers present: Higgins, Thomas, Ranniger, and Ralph.
Staff present: Risk Manager Chris Hills and Interim CAO Tom Brubaker, as well as the
two trainers from Edge Consulting
The Council received training from the consultants on the city's "Respect" diversity
program.
The meeting adjourned at 9:05 p.m.
Ronald F. Moore, MMC
City Clerk
Z' KENT
Kent City Council Special Meeting
March 8, 2013
The meeting was called to order at 1:00 p.m. by Council President Higgins.
Councilmembers present: Cooke, Albertson, Higgins, Boyce, Perry, Ralph, Ranniger.
Staff present: Public Works Director Tim LaPorte, Economic and Development Director
Ben Wolters, Community and Public Affairs Manager Michelle Wilmot, City Clerk
Ronald F. Moore, Court Administrator Margaret Vetter, Finance Director Robert
Nachlinger, Human Resource Director Lorraine Patterson, Information Technology
Director Michael Carrington, Assistant City Attorney Pat Fitzpatrick, Police Chief Ken
Thomas, Parks and Recreation Director Jeff Watling, Planning Services Division
Director Fred Satterstrom, and Chief Administrative Officer John Hodgson
Council President Higgins gave a brief introduction and noted that Councilmember
Thomas was not attending the retreat because of a family emergency.
Facilitator Andrew Ballard from Marketing Solutions discussed participant and
facilitator roles and responsibilities. He also reviewed the specifics of the agenda for
the next two days and introduced his associate Mark Goodman who handed out
documents concerning Economic Development.
Ben Wolters, Economic Development Director discussed the topic and the discussion
going forward.
Mr. Goodman gave a brief outline of the documents.
Mr. Wolters introduced Economic Development in the city of Kent and provided a
PowerPoint presentation.
Discussion followed.
Mr. Ballard discussed the results of the Berk Efficiency Study from Berk and
Associates. He noted that the Council Retreat is the bridge between Phases 1 and 2 of
the study.
The Council and City staff reviewed and discussed the results of the study for the
remainder of the meeting.
The meeting adjourned at 7:55 p.m.
Ronald F. Moore, MMC
City Clerk
Z' KENT
Kent City Council Special Meeting
March 9, 2013
The meeting was called to order at 8:00 a.m. by Council President Higgins.
Councilmembers present: Cooke, Albertson, Higgins, Boyce, Perry, Ralph, Ranniger,
Thomas.
Staff present: Public Works Director Tim LaPorte, Economic and Development Director
Ben Wolters, Community and Public Affairs Manager Michelle Wilmot, City Clerk
Ronald F. Moore, Court Administrator Margaret Vetter, Finance Director Robert
Nachlinger, Human Resource Director Lorraine Patterson, Information Technology
Director Michael Carrington, Assistant City Attorney Pat Fitzpatrick, Police Chief Ken
Thomas, Parks and Recreation Director Jeff Watling, Planning Services Division
Director Fred Satterstrom, and Chief Administrative Officer John Hodgson
Council President Higgins gave a brief introduction.
Facilitator Andrew Ballard from Marketing Solutions discussed Friday's session.
The Council and City staff discussed the Berk Efficiency Study, the Strategic Plan, and
conducted an exercise on the Council Key Prioritization Process to the City staff.
The Council excused the City staff at 12:55 p.m., except for City Clerk Ronald F.
Moore, and discussed Council Rules and Procedures.
The meeting adjourned at 1:57 p.m.
Ronald F. Moore, MMC
City Clerk
w," Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: July 2, 2013
SUBJECT: Excused Absence for Councilmember Ranniger - Approve
MOTION: Approve an excused absence from Councilmember Ranniger as
she is unable to attend tonight's Council meeting.
SUMMARY:
EXHIBITS:
RECOMMENDED BY: Councilmember Ranniger
BUDGET IMPACTS: None
KENT Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: July 2, 2013
SUBJECT: Puget Sound Energy Conversion Schedule 74 Design
Agreement/SR 516 to S. 2315t Way Levee Project - Authorize
MOTION: Authorize the Mayor to sign a design agreement for the State
Route 516 to S. 231't Way levee project in an amount not to exceed $20,000,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: Portions of the SR 516 to S. 231't Way levee adjacent to the Lakes
Community require new construction in order to meet federal levee safety standards.
The areas along the condominium associations of Bridgewater III, Bridgewater IV, and
Regatta at the Lakes, needs to be reconstructed and will require relocation of
overhead utilities to underground. A Puget Sound Energy (PSE) overhead power line
will be converted to underground and relocated landward of the proposed secondary
levee prism.
The PSE design agreement provides for design of the power conversion to under-
ground. Costs to convert the power lines to underground would be part of the levee
reconstruction project, which would be completed under agreement with the King
County Flood Control District.
The conversion with PSE is governed by Schedule 74 Tariff G, administered by the
Washington State Transportation Commission. Pursuant to the tariff PSE will pay 60%
of the conversion and the city pays 40%. The city also provides the trench and
backfill.
EXHIBITS: Schedule 74 Underground Conversion Project Design Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: There will be no unbudgeted fiscal impacts, as this contract was
anticipated when the 2013 budget was developed. The contract will be paid through
the storm water utility.
SCHEDULE 74 UNDERGROUND CONVERSION
Project Design Agreement
Project Name: Upper Russell Rd (SR 516 to 2W1 Way) Schedule 74 Conversion
Work Order Number: 101079989
l"HIS Agreement, dated as of this day of_ _ , 20 , is made by and between
the CITY of KENT, a Municipal Corporation (the"Government Entity") and PUGET SOUND ENERGY,
Inc., a Washington Corporation (the"Company").
RECITALS
A. The Company is a public,service company engaged in the sale and distribution of electric
energy and, pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
R. The Government Entity is considering conversion of the Company's existing overhead electric
distribution system to a comparable underground electric distribution, as more specifically described in the
Scope of Work(as defined in paragraph 2, below)furnished to the Company by the Government Entity
(the"Conversion Project").
C. The Government Entity has requested that the Company perform certain engineering design
services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable
Project Plan (as defined in paragraph 6, below)for the conversion Project, in accordance with and subject
to the terms and conditions of this Agreement(the"Design Work").
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74")to govern the Design Work for the
Conversion Project.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Unless specifically doftned otherwise herein, sli terms defined in Schedule 74 shall have the same
meanings when used in this Agreement.
2.. "!'he (,overnment Entity shall, within ten (10) business days after the date of this A(Woement, provide
the Company with a written scope of work for the Conversion P.ojetA which includos, among other
things, (a)a reasonably detailed descfilrfion of the scope of the work required Ior'the Conversion
Project, (b) a list of the key milestone dates for the Conversion Project, (c,) reasonably detailed
drawings showing any associated planned improvements to the Public Thoroughfare, and (d) a,
statement as to whether the Govomrrreut Entity desires to install the ducts and vaults for the
Conversion Project(the"Scope of Work"). The Government Entity shall provide the Company two (2)
hard copies of the Scope of Work and a copy of the relevant electronic fik:(s)in a mutually agreed
electronic format.
3. vVithin ten (10) business days of its r aceipt of the Scope of Work, the Company shall prepare and
submit to the Govomment Entity(a) a reasonably detailed, good faith ostirnsate of the cnst to payrform
the Design Work(the"Design Cost Estimate"), and (b) a proposed schedule for completion of the
Design Work which, to the extent reasonably practicable, roflects the applicable key milestone dates
Design Agrecmont,Attachment"A" to Schedule 14, Page 1
City of Kent._Upper Russell Rd Conversion
specified in the Scope of Work and provides for completion of the Design Work within ninety (90)
business days from the date the Company receives the.Government Entity's notice to proceed under
paragraph 5, below(the"Design Schedule"). The proposed Design Cost Estimate and the proposed
Design Schedule shall be based upon the then-current Scope of Work. Unless otherwise specified in
the Scope of Work, the Design Work shall not include negotiation or acquisition of third party property
rights but shall include preliminary planning between the Company and the Government Entity
regarding their respective obligations for negotiating and acquiring third party property rights.
4. Within ten (10) business days after the Government Entity's receipt of the proposed Design Cost
Estimate and the proposed Design Schedule from the Company, the Government Entity and the
Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the
proposed Design Schedule; (c) review the Scope of Work, and(d) make any changes necessary to
create,a final Scope of Work, final Design Cost Estimate, and Final Design Schedule that are
reasonably acceptable;to both parties. If the parties are unable to agree upon a final version of the
Scope of Work, Design Cost Estimate;, andlor Design Schedule, then either party may, by written
notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures
in paragraph 16, below. The final Scope of Work. Design Cost Estimate and Design Schedule, once
determined in accordance with this paragraph 4, rimy thereafter be changed or amended only in
accordance with the change procedures set forth irr paragraph 13, below.
5. The Government Entity shall,within ten (10) business days after determination of the final of the
Scope of Work, Design Cost Estimate, and Design Schedule, Issue (a) a written notice to proceed
which shall delineate the final Scope of Work, Design Cost Estimate, and Design Schedule, or(b)a
written notice to terminate this Agreement without cost to the Government Entity. If the Government
Entity terminates this Agreement, tire;coasts incurred by the Company in preparing and submitting the
Design Cost Fstimate and the Design Schedule shall not be reimbursable to the Cor'npany, and the
rights and obligations of the parties under this Agreement shall be terminated in their entirety and
without liability to either party.
6. Following the Company's receipt of the notice to proceed, and within the applicable time period
specified in the Design Schedule, the Company shall, with the cooperation and assistance of the
Government Entity as outlined in this Agreement, prepare;ra project plan for tihe Conversion Project
(the"Project plan")which shall inelude, among other things, the following: (a)a detailed description of
the work that is required to be performed by each party and any third party in connection with the
Convorslon Project(the"Construction Work"), (b)the applicable rec{uiraments, drawings, and
specifications for the Construction Work, (c) a description of any operating and other property rights
ti gat rare required to bo Obtained by esc h party for the Conversion Project(and the; requirernants and
apecificatior ae with respect theretc), (d) a dot€riled estinlate of the costs to be incurred by each pasty in
its porfoi'fna rct�e:rf till C onstrurticn Vtecrk, and (P)a detailed sdiodule for completing the consti'ur Linn
Woik (Including, without di)iiiation thy:dates for deli`✓e3y of th+)ducts milt vaults and of r , n1vir"'n'`I.
fo¢ ose at the silte of the:Construction Work).
I. The Gov&?,fofoEml Entity$bell be eLrpoadNe for coordinating tht;DGsign Wurk`°Mh nil other dc6itiin
wet!,,.to be. (k9 Ni med in connectsrna uvith t!"re Conversion Project end e,,ny a and rued P12nned
impri vefarents to the Pubilo Thoroughfare. i hs parties shall work ktgethapr in an effort to mitio-at the
d os it s Of the (.tanv rsion PS iect to each party, including, vvithoi it,limitation, idCentii`yirtg way �to
accommodate the'fecilitie,of the Cornpany to be instilled as part of the Corivardon Project within the
Public Thoroughfare,
6. Within the applicable dune:p,--dod specitte d in the Design unite dulel Ins Company shall fx -°pare a`;nd
submit to the Govarnirent Entity a proposed initi.el draft or the Project Plan. The purti, s understand
and ackmawlrxigo that the proposed Projcc'Plilli submitted by the Company -h3ii be preliminary in
mature;and (hall not include, without llrnitatior3, infnunrition requirort so ba supplied by the Gove.mrof.ni
Entity(e.g., scr op€t and estimatry of the:cost of the t.onstructlon Work to h; performed by the
Govarriment 8-nfity).
Design Agra m nt, At chroont"A' to Schcoulo 14, Page2
it° or k.eni -Upper Russell Rd Curry nr tills
9. Within the applicable time period specified in the Design Schedule, the Government Entity shall
(a) review the proposed Project Plan submitted by the Company, (b)complete any information
required to be supplied by the Government Entity, (c) make any changes required to conform the
proposed Project Plan to the Scope of Work and this Agreement, and (d) return the amended Project
Plan to the Company.
10. Within the applicable time period specified in the Design Schedule, the Company shall review the
amended Project Plan submitted by the Government Entity and notify the Government Entity in writing
of either the Company's acceptance of, or the Company's specific objections to, the amended Project
Plan. If the Company makes any objection to the amended Project Plan, and the parties are unable to
resolve the objections and mutually agree upon the Project Plan prior to the final design date specified
in the Design Schedule, then either party may, by written notice to the other party, submit the matter
for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The Project Plan,
as mutually agreed upon by the parties or established through the dispute resolution process, shall be
attached to and incorporated in a Project Construction Agreement substantially in the form attached
hereto as Exhibit A(the"Construction Agreement")which is to be signed by the parties prior to
commencement of the Construction Work.
11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform
to the following requirements:
(a) 'The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify
that the Government Entity shall install the ducts and vaults for the Conversion Project; provided
that(i)the parties mutually agree upon and set forth in the Project Plan (A) the costs of such
installation work to be included in the Cost of Conversion, and(S)the specifications and
standards applicable to such installation work, and (ii) such installation work is accomplished by
the Government Entity in accordance with the applicable design and construction specifications
provided by the Company and set forth in the Project Plan.
(b) Each estimate:of the costs to be incurred by a party shall, at a min€rnum, be broken down by
(i)the design and engineering costs, (ii) property and related costs, including any costs of
obtaining operating rights, and (iii)construction costs, including and listing separately inspection,
labor, materials, and equipment.
(c) All facilities of the Company installed as part of the Conversion Project shall be located, and all
related property and operating rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74. Tho Project Plan shall describe in detail the location of such facilities,
any related property and operating rights required to be obtained, and the relative responsibilities
of the parties with respect thereto.
(d) The schedule set forth in the Project Plan for eornpieting the Construction Work shall include, at a
minimum, milestone time freriods for completion of the Trenching, installation of ducts and vaults,
the construction and romovai of any Ternporary Service, and the removal of overhead facilities.
(e) The Project Man way include the specification of worn and requirements for Government-
Roqueeied upgrades end Company Initiated Upgracics; provided, however, that the costs
incurred by the Company with respect to the design and engineering of Company-Initiated
Upgrades shall not be included in the costs reimbursable to the Company under this Agreement
or the Construction Agreement. For purposes of the foregoing, (i) the term "Government-
Requested Upgrade" shall mean any feature of the Underground Distribution :system which is
requested by the Government Entity and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being ropiaced,and (ii)the
term "Company-Initated Upgrade" shall moan any feature of the underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhear distribution systern being replaced. For
Design Agreement, Attachment"A"to Schedule 74, Page 3
City of Rent®Upper Russell Rd Conversion
purposes of subparagraph (Id), above, a"comparable"system shall include, unless the parties
otherwise agree, the number of empty ducts (not to exceed two(2), typically having a diameter of
6'or less)of such diarneter and number as may be specified and agreed upon in the final Scope
of Work necessary to replicate the load-carrying capacity(system amperage class) of the
overhead system being replaced. For purposes of subparagraph (i), above, any empty ducts
installed at the request of the Government Entity shall be a Government-Reques'M Upgrade.
(f) The Project Plan shall set forth all specifications, design standards and other requirements for the
Construction Work and the Conversion Project, including, but not limited to, the following:
(i)applicable federal and state safety and electric codes and standards, (ii)applicable construction
and other standards of the Company, and (iii)applicable street design and other standards of the
Government Entity which are in effect as of the commencement of the Conversion Project.
12. Upon request of the Government Entity, and in any event at the times specified in the Design
Schedule, the Company shall provide periodic reports which compare the actual costs of the Design
Work incurred to that point in time to the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that
the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below, the Company shall notify the Government Entity immediately.
Upon receipt of the Company's notice, the Government Entity may, at its option,
(a) notify the Company in writing that this Agreement is terminated; or
(b) request a reasonably detailed explanation supported by docurnentation(reasonably satisfactory to
the Government Entity)to establish that the actual costs in excess of the Design Cost Estimate
are:
(i) reasonable,
(ii) consistent with the Scope of Work, and
(iii) consistent with sound engineering practices.
If the Government Entity requests an explanation, the Government Entity shall, within ten (10)
business days after receipt of the explanation,
(a) change the Scope of Work in accordance with paragraph '13, below, or
(b) direct the Company to continue with the Design Work without a change in the,rope of Work, but
reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid
the Company under paragraph 14, belole, in accordance with the dir=puce resolution procedures in
palogk'aph 16, beInw, or
(c) direct thu Company to discontinur<:pertorming the; Design Work ponuing r,solution, pursuant to
p aragi aph 16, tankyw, of any dispute regarding the rea2on4abl nS s of the mats, in which event the
Design S.hr dupe will bu aciuste d to ref er;t the delay, or
( i) iraffy the Company iii rarr'iung that this Agre.cme:nt ie terrnsnated.
in tic^event the Goverra,iiont Entity terrninattes this Agree rnent or ,r confinues the performance of the
Design Work under subparagraph (c),above, for more than ninety(gd)days, the Govenirnent Entity
shall pay the Cor`ipany for :ail costs incurred by the Company in it, performance of the Design Work
prior to the date the Company receives ftro Government Litiiy's notice of tanoination, plus any costa
Incurred by the Onniparry for materirtis and other rums ordered or procured by the Company with the
pi dat of the Ssovei Tiinent f: ri ity in order to m'u t Vie f chedul'a for the Conversion Project..
The Foregoing payment of igation shall Survive any toonin di:on of this Agreemon'r
Desigo Agreeni on , Attc.ohi nfint"A'to Schedule 741. Rage 4
City u€KcInt Lipper Run mall .G OcrvvcOon
16. Dispute Resolution Procedures:
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the parties. A party who wishes dispute resolution shall notify the
other party in writing as to the nature of the dispute. Each party shall appoint a representative
who shall be responsible for representing the party's interests. The representatives shall
exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10)
business days of the date the disagreement was first raised by written notice shall be referred by
the parties' representatives in writing to the senior management of the parties for resolution. In
the event the senior management are unable to resolve the dispute within twenty(20) business
days (or such other period as the parties may agree upon), each party may pursue resolution of
the dispute through other legal means consistent with the terms of this Agreement. All
negotiations pursuant to these procedures for the resolution of disputes shall be confidential and
shall be treated as compromise and settlement negotiations for purposes of the state and federal
rules of evidence.
(b) Any claim or dispute arising hereunder which relates to the Scope of Work, Design Cost
Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 10,
above; or any Request for Change(including, without limitation, any associated equitable
adjustment) under paragraph 13, above; and is not resolved by senior management within the
time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle,
Washington, under the Construction Industry Arbitration Rules of the American Arbitration
Association them in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and
binding upon the Parties. All other disputes shall be resolved by litigation in any court or
governmental agency, as applicable, having jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this paragraph 16, costs of the arbitrator(s), hearing
rooms and other common costs shall be divided equally among the parties. Each party shall
bear the cost and expense of preparing and presenting its own case(including, but not limited to,
its own attorneys'fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of
his or her decision, reimbursement of all or a portion of the prevailing party's costs and expenses
by the other party.
(d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their
respective obligations under this Agreernent during the pendency of any dispute.
17. in the event that either party is prevented or delayed in the performance of any of its obligations tinder
this Agreement by reason beyond its reasonable control (a"Force Majeure Event"), then that party's
performance shall be excused during the Force Majoure, Event. Force Majeure Events shall include,
without limitation, vvar; civil disturbance;filood, earthquake or other Act of trod; 9,tortyi, earthquake or
other condition which nocessitatos the mobilization of the personnel of a party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sat otnpe; strikes or similar labor disputes involving personnol of a party, ilts contractors or.a third �
party; or any failure or delay in the performance by the other party, or a third party who is not an
employee, agent or contractor of the party claiming a Force Majeutc Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Fvent, the party claiming
a force Majuure Event shall promptly perronn the af'rected obligations in an orderly and expedited
manner under this Agreernent or procure a substitute for such obligation. The parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
18. 1`his Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the
Company's cleric Tarifr G and to Schedule 74 of such Tariff as approved by the Washington Utilities
and Transportation fommission and in effect as of the date of this Agreement.
Design Agrcorncnt,Attachni tit"Ai'to Schecirrle 74, Page 6
City of rent-- Upper Runsoil Rd Oonver;sinsi
19. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or
hand delivery), delivered in person, or mailed, properly addressed and stamped with the required
postage, to the intended recipient as follows:
If to the Government Entity: City of Kent
400 West Gowe St.
Kent, WA 98032
Attn: Beth Tan
Fax: 253-856-6500
if to the Company: Puget Sound Energy, Inc.
6905 S. 228`h St,
Kent, WA 98032
Attn: Doug Corbin
Fax: 253-395-6882
Either party may change its address specified in this paragraph by giving the other party notice of such
change in accordance with this paragraph.
20. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the
laws of the State of Washington (without reference to rules governing conflict of laws), except to the
extent such laws may be preempted by the laws of the United States of America.
21. This Agreement constitutes the entire agreement of the parties with respect to the subject matter
hereof and all other agreements and understandings of the Parties, whether written or oral, with
respect to the subject matter of this Agreement are hereby superseded in their entireties.
22. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns,
purchasers, and transferees of the parties, including but not limited to, any entity to which the rights or
obligations of a party are assigned, delegated, or transferred in any corporate reorganization, change
of organization, or purchase or transfer of assets by or to another corporation, partnership,
association, or other business organization or division thereof.
Government Entity: Company:
City of Kent PUGET SOUND FI+1FRGY, INC.
ITS ITS fvir.nicipal Liaison Manager
Gate Date Signed
Approved as to form:
Dan ign Agreement, 1kru2 i"hinent"A" to>`�chei`Iuie 74, i-'age �
City of gent a tripper Pusseif Rd Cronvorslon
KENT Agenda Item: Consent Calendar — 7E
TO: City Council
DATE: July 2, 2013
SUBJECT: 112th Avenue Watermain/Joint Utility Trench Agreement with
CenturyLink — Authorize
MOTION: Authorize the Mayor to sign a joint utility trench agreement with
CenturyLink for the installation of CenturyLink infrastructure as part of the 112th
Avenue watermain project, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: The City's 112th Avenue watermain project will include installation of new
watermains and conduit within SE 236th Place. CenturyLink has a need to install
additional infrastructure within this roadway, and would like to do so in partnership
with the City's project.
Entering into this Agreement allows a coordinated effort for locating each party's
infrastructure under the same contract. This reduces the overall impact to neighbors
and reduces the cost of completing the work as separate projects.
EXHIBITS: Draft utility trench agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: CenturyLink will be required to pay the City all costs associated
with the installation of its infrastructure in the joint trench and a proportionate share
of the restoration costs.
DRAFT
UTILITY TRENCH AGREEMENT
Between the City of Kent and CenturyLink
for the Watermain improvements along SE 236th Place
THIS AGREEMENT is entered into between the City of Kent, a
Washington municipal corporation ("City'), and CenturyTel Services Group
LLC a Louisiana Limited Liability Company ("Century Link"). The City and
Century Link are referred to separately as a "Party" or together as "Parties".
RECITALS
WHEREAS, the City is making certain improvements within SE 236th
Place in Kent, Washington ("Improvement Project"). The Improvement
Project will include the excavation of trenches and placement of City facilities
in the trenches ("City Facilities").
WHEREAS, Century Link desires to install new lines in the same
locations in which the City is performing the Improvement Project and
installing City Facilities.
WHEREAS, the installation of Century Link facilities shall include boring
and/or the excavation of trenches, placement of Century Link facilities (as
specifically designated and/or provided by Century Link) in such bores or
trenches together with City Facilities and backfilling of said trenches, if
necessary, as defined below (the "Work").
WHEREAS, the Parties recognize the efficiencies of entering into an
agreement whereby one trench will be dug for the Parties to relocate the
Facilities and Century Link facilities (jointly "Facilities").
AGREEMENT
To facilitate construction of the joint trench, the parties agree as
follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract
for the construction of a trench which shall include City and Century Link
facilities. This trench will be placed along SE 236th Place from the west side
of 112th Avenue SE easterly to within the City's Blue Boy reservoir site.
All utilities will use these trenches.
2. CONTRACTOR REQUIREMENTS
Page 1 of 10
The independent contractor hired by the City to perform this work shall
be referred to as "the Contractor' in this Agreement. The Contractor,
pursuant to a contract with the City, shall excavate the joint trench, install
the Facilities, including Century Link facilities , install the bedding material,
backfill, compact the trench, proof all conduits and perform any restoration
required by the City, all to be performed in a good and workmanlike manner
consistent with industry standards (the "Work"). The City represents that
any such contract shall further require of Contractor that the Work be
conducted in conformity with (i) the applicable procedures and requirements
of the parties as described herein; (ii) all applicable laws, ordinances and
regulations of any governmental authority, and; (iii) all applicable terms and
provisions of the National Electric Safety Code, as may be amended,
supplemented or replaced from time to time, including but not limited to
those pertaining to protection and separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. Century Link shall provide engineering drawings,
specifications, construction standards, quantities, and cost estimates to the
City. These drawings shall show in detail the location and elevation of the
conduits, trench, and vaults, and shall include a general traffic control plan
for activities not associated with installation of facilities within the Contractor
controlled open trench area.
B. Installation. Century Link shall be responsible for supplying
conduits and vaults for the Contractor's installation within the joint trench.
Century Link shall install the conductors within Century Link conduits after
the completion of the joint trench work. Century Link shall be responsible for
any trenching and installation of facilities outside of the joint trench area.
Century Link shall coordinate with the City's contractor in accordance with
subsection 3.D. All right, title and interest in the Century Link facilities and
associated equipment shall at all times remain with Century Link.
C. Traffic Control. The City's Contractor shall provide all traffic
control associated with installation of Facilities within the joint trench area.
Century Link shall be responsible for providing traffic control during
installation of Century Link facilities not associated with the joint trench area.
D. Century Link Coordination. Century Link shall maintain
reasonable and continued coordination with the Contractor regarding the
installation of Century Link facilities. This coordination shall include but not
be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Installation of conductors within Century Link conduits.
Page 2 of 10
3. Trenching and installation of Century Link facilities not
associated with the joint trench.
E. Surveys. The City will provide the survey for the location of the
trench and vaults within the joint trench area, Century Link shall provide for
survey outside of the joint trench area.
F. Election Not to Proceed. If Century Link elects not to proceed
with the Work, Century Link shall obtain a permit for the installation and
remain liable for installing the Century Link Facilities within the approved
permit at the time frame specified on the permit. Century Link shall also
be responsible for any City costs associated with re-designing the trench
to remove Century Link work from the project.
4. COMPENSATION
Trench costs. Century Link agrees to pay the City a portion of the trench
costs, including trenching, installation of facilities and trench bedding and
backfill, commensurate with their proportionate share of trench usage as
shown in Exhibit A attached hereto and incorporated by this reference.
Preliminary costs will be agreed upon prior to construction based on an
estimate from the bid accepted by the City. Costs will be finalized after
completion of construction and Century Link agrees to pay the City for its
portion of the actual construction costs.
A. Survey. Century Link agrees to pay the reasonable costs for
the City surveyor's time to provide vault locations and elevations and any
other survey that may be required to locate and place Century Link facilities.
B. Traffic Control. Century Link agrees to pay the City a
proportionate share of traffic control costs related to the joint trench areas
where Century Link facilities are present. The proportionate share shall be
based on the trench usage as shown in Exhibit A. Century Link shall be
responsible to provide all traffic control during installation of Century Link
facilities not associated with the joint trench area.
C. Additional Expenses. Century Link agrees to pay their
proportionate share of additional expenses incurred due to Century Link's
approved change requests requiring additional trench depth or width, and for
unforeseen conditions, including but not limited to dewatering for ground
water. Century Link will not pay for any share of additional expenses
incurred due to approved change requests from the City or any City-
contracted third party.
Page 3 of 10
D. Claims by Contractor. Century Link agrees to pay the entire cost
of any claims made by the Contractor that are directly caused by Century
Link's unreasonable or unforeseeable actions, including but not limited to
unreasonable delays caused by installing Century Link facilities,
unforeseeable delays caused by Century Link providing materials, or any
other unreasonable conflicts between the Contractor and Century Link's
contractor.
E. Vaults. Century Link agrees to pay for the excavation, site
preparation, and installation of the vaults being installed for Century Link's
exclusive use ("Century Link Vaults"), separately and in addition to any
survey costs and trench costs discussed above. These additional costs shall
be preliminarily determined from the bid price accepted by the City and
Century Link. The cost to excavate for and install Century Link Vaults will be
finalized after completion of construction and Century Link agrees to pay the
City for actual construction costs. The parties will work with the Contractor to
keep the cost of the Century Link Vaults as close as reasonably possible to
the approved preliminary bid.
F. Invoice. Century Link agrees to pay the City within sixty (60)
days of being invoiced by the City for amounts that the Contractor has
invoiced the City and which Century Link has agreed to pay under this
Agreement.
G. Defective or Unauthorized Work. Per the terms of the agreement
between the City and Contractor, Century Link reserves the right to withhold
payment from the City for any defective or unauthorized work performed by
the Contractor. Defective or unauthorized work includes, without limitation:
work and materials that do not conform to the requirements of this
Agreement, and extra work and materials furnished without Century Link's
approval. If for any reason it is necessary to satisfactorily complete any
portion of the work, Century Link may complete the work using its own
means and the City shall ensure that its Agreement with Contractor makes
Contractor liable to Century Link for any additional costs incurred by Century
Link hereunder. "Additional costs" shall mean all reasonable costs incurred by
the parties beyond the price included in the bid accepted by the City.
Century Link further reserves the right to offset the cost to complete the
work, including any additional costs, from any and all amounts due or to
become due the Contractor.
H. Final Payment/Waiver of Claims. The City will ensure that the
agreement with the Contractor provides that the making of final payment by
the parties shall constitute a waiver of claims by the Contractor, except those
previously and properly made and identified by the Contractor as unsettled at
the time request for final payment is made.
S. CHANGES.
Page 4 of 10
Century Link shall submit any changes requested to be performed by
the City's Contractor to the City. The City shall submit this to the Contractor,
obtain an estimated price from the Contractor to perform the work, and
notify Century Link of this estimated price. Century Link shall have twenty
four (24) hours from receiving the estimated price from the City to respond.
If Century Link chooses not to accept the Contractor's estimated price then
this Work shall only be performed by Century Link according to a mutually
agreed upon schedule with the Contractor so as not to cause delay to the
Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers,
officials, employees and agents harmless from any and all actual claims,
injuries, damages, losses or suits including all legal costs and attorney fees
but excluding incidental, special, consequential or indirect damages not
related to unreasonable delay of the Contractor, arising out of or in
connection with the performance of the party's work required under this
Agreement, except to the extent the injuries and damages are caused by
the negligence or willful misconduct of the other party. City further agrees to
indemnify, save harmless and defend Century Link from payment of any
federal, state, or local taxes or contributions or compensation imposed under
unemployment insurance, social security, income tax, labor, and any other
laws with respect to City's employees, agents, or contractors engaged in the
performance of the Work.
The indemnification from Century Link to the City shall include all
actual claims, injuries, damages, losses or suits from third parties but
excluding incidental, special, consequential or indirect damages not relating
to unreasonable delay of the Contractor, arising out of the work performed
by Century Link in the trench, except and to the extent such injuries and
damages caused by the negligence or willful misconduct of the City.
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 parties, their
officials, employees and agents, a party's liability hereunder shall be only to
the extent of the party's negligence. The provisions of this section shall
survive the expiration or termination of this Agreement.
No party, directly or indirectly, shall create or impose any lien on the
property of another, or on the rights or title relating thereto, or any interest
therein, or in this Agreement. Each party shall promptly, at its own expense,
take such action as may be necessary to duly discharge any lien created by it
on the property of another.
Page 5 of 10
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE PARTIES HEREBY ACKNOWLEDGES AND AGREES THAT
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO FRUSTRATION OF ECONOMIC OR
BUSINESS EXPECTATIONS, LOSS OF PROFITS, LOSS OF CAPITAL, COST OF
SUBSTITUTE PRODUCT(S), FACILITIES OR SERVICES, DOWN TIME,BUT NOT
INCLUDING UNREASONABLE DELAY OF THE CONTRACTOR, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. INSURANCE.
The contract between the City and the Contractor shall require that the
Contractor procure and maintain for the duration of the project insurance of
the types and in the amounts described below against claims for injuries to
persons or damage to property which may arise from or in connection with
the performance of the work by the Contractor, its agents, representative,
employees, sub-consultants or subcontractors.
1. Automobile Liability insurance with limits no less than
$1,000,000 combined single limit per accident for bodily
injury and property damage; and
2. Commercial General Liability insurance written on an
occurrence basis with limits no less than $1,000,000
combined single limit per occurrence and general aggregate
for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form
property damage; explosion, collapse and underground
(XCU); and employer's liability.
3. Excess Liability insurance with limits not less than
$1,000,000 per occurrence and aggregate.
Any payment of deductible or self insured retention shall be the
sole responsibility of the Contractor. The parties, their officials, employees,
agents and volunteers shall be named as additional insured's on the
insurance policy, as respects work performed by or on behalf of the parties
and a copy of the endorsement naming the parties as additional insured shall
be attached to the Certificate of Insurance, copies of which shall be provided
to the parties prior to commencement of construction by the contractor. The
Contractor's insurance shall 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.
S. FRANCHISE AGREEMENT.
Page 6 of 10
The City and Century Link agree that as to future projects, by entering
into this Agreement neither party has waived any rights it may have, under
other existing agreements or state law and the City and Century Link
expressly herein reserve such rights. Notwithstanding anything in this
Agreement to the contrary, Century Link's participation in the joint trench
activity contemplated in this Agreement, and it's very participation in this
Agreement, shall in no event be construed as acceptance, affirmation or
ratification of the City's construction of Century Link's obligation to
underground and enter into a writing pursuant to any other agreement, and
parties understand and agree that the terms and conditions of this
Agreement shall not be considered as a basis for future projects that may be
required.
9. TERM AND TERMINATION.
A. The initial term of this Agreement shall be no more than one (1)
year from the date this Agreement is executed by both parties hereto.
Provided neither party has terminated this Agreement pursuant to
subsections (b) or (c) below, the Agreement may be renewed by the parties
upon mutually agreed upon terms.
B. Either party shall have the right to terminate this Agreement for
its convenience by providing the other party written notice sixty (60) days
prior to the date termination is desired; provided, that City shall not have the
right to stop Work on the Improvement Project prior to the stated
termination date. Century Link shall pay City for all Work completed prior to
the termination date, less any monies already paid by Century Link.
C. Either party may terminate this Agreement for default in the
event the other party has failed to satisfy its obligations under the
Agreement, and fails to remedy either such problem within twenty (20)
business days after receipt of written notice of default.
10. MISCELLANEOUS.
A. Compliance with Laws. The parties shall comply with all federal,
state and local laws, rules and regulations throughout every aspect in the
performance of this Agreement.
B. Nonwaiver of Breach. The failure of a party to insist upon strict
performance of any of the terms and rights contained herein, or to exercise
any option herein conferred in one or more instances, shall not be
constructed to be a waiver or relinquishment of those terms and rights and
they shall remain in full force and effect
C. Governing Law. This Agreement shall be governed and construed
in accordance with the laws of the State of Washington. If any dispute arises
between the parties or between any party and the contractor under any of
Page 7 of 10
the provisions of this Agreement, resolution of that dispute shall be available
only through the jurisdiction, venue and rules of the King County Superior
Court, King County, Washington.
D. Attorney's Fees. To the extent not inconsistent with RCW
39.04.240, in any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall be responsible for payment
of its own legal costs and attorney's fees incurred in defending or bringing
such claim or lawsuit; however, nothing in this subsection shall limit a party's
right to indemnification under Section 6 of this Agreement.
E. Written Notice. All communications regarding this Agreement
shall be sent to the parties at the addresses listed on the signature page of
this Agreement, unless otherwise notified. Any written notice shall become
effective upon delivery, but in any event three (3) calendar 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 on this
Agreement.
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 each of affected party.
G. Severability. If any one or more sections, sub-sections, or
sentences of this Agreement are held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
Agreement and the remainder shall remain in full force and effect.
H. Relationship. It is understood and agreed that no agency,
employment, joint venture, co-employer or partnership is created by this
Agreement. No party hereto shall (i) have the power or authority to act for
another in any manner to create obligations or debts which would be binding
upon another, and; (ii) be responsible for any obligation or expense
whatsoever of another.
I. Force Majeure. Parties shall not be deemed to be in breach of
this Agreement if unable to perform their respective obligations hereunder as
a result of the occurrence of an event of "force majeure," which shall include,
but not be limited to, acts of God, acts of the government of the United
States or of any state or political subdivision thereof, strikes, civil riots or
disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes,
lightning or other similar catastrophes or other causes beyond the parties'
reasonable control. The scope of events of force majeure shall not extend to
payment of money owed hereunder.
J. Entire Agreement. The written provisions and terms of this
Agreement, together with any attached Exhibits, supersede all prior verbal
statements by any representative of the City, and those statements shall not
Page 8 of 10
be construed as forming a part of or altering in any manner this agreement.
This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement
conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail.
Page 9 of 10
IN WITNESS WHEREOF, the parties below have executed this
Agreement.
CENTURY LINK CITY OF KENT
Print Name: Print Name:
Title: Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CENTURY LINK CITY OF KENT
Century Link City of Kent
23315 66th Avenue South 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
Attn: Warren Perkins Attn: Chad Bieren
(253) 372-5325(Desk) (253) 856-5534 (Desk)
(877) 517-5712 (Pager) (253) 856-6500 (Fax)
(253) 372-5176 (Fax)
APPROVED AS TO FORM:
Kent Law Department
Page 10 of 10
KENT Agenda Item: Consent Calendar - 7F
TO: City Council
DATE: July 2, 2013
SUBJECT: Central Avenue South Pavement Preservation Acceptance of
Federal Grant - Accept
MOTION: Authorize the Mayor to accept a federal grant in the amount of
$300,000 for the Design Phase of the Central Avenue South Pavement Preservation
Project and direct staff to establish a budget for the funds, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The pavement along South Central Avenue between Willis Street and the
South Central Bridge has numerous cracks, rutting and patches and is in need of
repair.
Because of the deterioration of Central Avenue, the pavement requires more
reconstruction than a simple overlay and will require appreciable design work including
relocation of utilities before the road project can be advertised for bids. The road
overlay itself will cost over $2 million.
The future reconstruction project will repair failing pavement sections and provide a
full width overlay of the roadway.
The Public Works Department competed for and was awarded a $300,000 federal
grant through the Puget Sound Regional Council for the Design Phase of the Central
Avenue South Pavement Preservation Project. This funding will allow the City to
complete the design and permitting phases of this critically needed improvement and
will make this project more competitive for possible future funding opportunities.
EXHIBITS: WSDOT Local Agency Federal Aid Project Prospectus
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: The City will receive $300,000 of federal funding.
Washington state Local Agency Federal Aid
AP Department of Transportation Project Prospectus
Date 5/10/2011
Prefix Route
Federal Aid Central Contractor
Prolect Number Registration Exp.Date
Local Agency (Use
Federal Employer
Proiect Number `Use Only) Tax ID Number 91-6001254
Agency Federal Program Title
CITY OF KENT ® 20,205 ❑ Other
Project Title Start Latitude N47.377807 Start Longitude W122.230625
CENTRAL AVE S.PAVMT PRESERVATION
End Latitude N47.365949 End Longitude W122.229939
Project Termini From--To Nearest City Name Project Zip Code
Willis Street S.263nd St. I{ent _ _98032
From: To: Length of Project Award Type
Willis St, S.262_St_ 0.73 miles ® Local El Local Forces El Statete E]] Railroad
Federal Agency
City Number County Number County Name
❑ FHWA ® Others STP/CMAQ 0615 17 KING Northwest Re ion
Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO
9 33 1 PSRC
Total Local Agency .Phase Start
Phase Estimated Cost Funding ` Federal Funds Date
Nearest Hundred Dollar (Nearest Hundred Dollar (Nearest Hundred Dollar) Month Year '..
P.E. $347 821 $47 821 $300 000 07/2013
RNV
Const.
Total $347 821 $47,821 ' $300,000
Description of Existing Facility<(Existing Design and Present Condition),
Roadway Width Number of Lanes
53 feet 5
Roadway has existing curb,gutter and sidewalk on both sides of existing travel way. Existing pavement has numerous surface
reflective cracks,rutting, and settlement locations, due to failing patches and heavy vehicular use.
Descri tion of Pro osed Work
Description of Proposed Work(Attach additional sheet(s) if necessary)
This project will remove and rehabilitate the existing roadway pavement to add service life to the roadway between Willis Street
and South 262ud Street(Alder Lane). The project includes removal and replacement of failing pavement sections and a fall-
width asphalt concrete pavement overlay of the entire roadway.
Local Agency Contact Person Title Phone
Mark Howlett Design Engineering Manager 253-856-5523
Mailing Address City State Zip Code
220 -4th Ave. S Kent I WA 98032
By
Project Prospectus Approval Approving Authority
Title Director of Public Works Date
DOT Form 140-101 EF Page 1 of 3 ® Previous Editions Obsolete
Revised 11110
Agency project Title Date i
CITY OF KENT CENTRAL AVE S. PAVMT PRESERVATION 5/10/2013
Type of Proposed Work
Project Type (Check all that Apply) Roadway Width Number of Lanes
❑ New Construction ❑ Path/Trail ❑ 3-R 53 feel 5
® Reconstruction ElPedestrian/Facilities El2-R
❑ Railroad ❑ Parking ❑ Other
❑ Bridge
Geometric Design Data
Description Through Route Crossroad
® Principal Arterial ❑ Principal Arterial
Federal ® Urban ❑ Minor Arterial ® Urban ❑ Minor Arterial
Collector ® Collector
Functional ❑ Coll
- - -- I
CIaSSIflCatlOn El Major Collector ❑ Major Collector
❑ Rural ❑ Minor Collector ❑ Rural ❑ Minor Collector
❑Access Street/Road ❑Access Street/Road '..
Terrain ®_Flat ❑ Roll ❑ Mountain IR Flat ❑ Roll ❑Mountain
Posted Speed 40 25
Design Speed _ _ 45 -.. _ 30
Existin ADT 23300. _ 20,200
Design Year ADT _
Design Year -
Design Hourly Volume (DHV)
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
City of Kent % too %
Construction Will Be Performed By Contract Agency
Contractor 100 % %
Environmental Classification
❑ Final ® Preliminary
❑ Class I-Environmental Impact Statement(EIS) ® Class II-Categorically Excluded (CE)
❑ Project Involves NEPA/SEPA Section 404 ® Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III-Environmental Assessment(EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
There will be little or no environmental impacts created by this project as no major exposure of the ground to the weather is
planned. The roadway is currently wider full development. Using erosion and sedimentation control measures along the length
of construction will provide protection during the project.
i
DOT Form 140-101 EF Page 2 of 3
Revised 11110
Agency Project Title Date
CITY OF KENT CENTRAL AVE S. PAVMT PRESERVATION 5/10/2013
Right of Way
® No Right of Way Required ❑ Right of Way Required
All construction required by the ❑ Relocation contract can be accomplished No ❑ Relocation Required
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
No relocation or adjustments to existing utility structures will me required for this project. Minor grade adjustments
to existing rims to match the new overlay will be required however.
I
i
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and
is not inconsistent with the agency's comprehensive plan for community development.
Agency CITY OF KENT
Date By
Mayor/Chairperson
DOT Form i eF Page 3 of 3
Revisedd -10I1111 0 Previous Editions Obsolete
REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
KENT
WASHINGTON
OPERATIONS COMMITTEE MINUTES
May 21, 2013
Committee Members Present: Les Thomas, Chair, Dennis Higgins and Dana Ralph
The meeting was called to order by Les Thomas at 4:00 p.m.
1. APPROVAL OF MINUTES DATED MAY 7, 2013.
D. Higgins moved to approve the Operations Committee minutes dated
May 7, 2013. D. Ralph seconded the motion, which passed 3-0.
2. ORDINANCE AUTHORIZING THE ISSUANCE OF THE CONSOLIDATED LID #362
BONDS THROUGH A PRIVATE PLACEMENT.
B. Nachlinger recommended the issuance of LID Bonds for LID 362 to reimburse the City for the costs
incurred prior to the bonds being issued. The assessment roll for LID #362 was authorized by the
Council in June, 2011 with an original assessment of $2,412,942.02. This LID was financed in house
until the amount of internally financed LID was enough to issue LID Bonds. Right now, issuing these
bonds as a private placement is the best option for the city.
D. Ralph moved to recommend to approve the ordinance authorizing the issuance of the
LID 362 Bonds and authorizing the Mayor to execute all necessary documents for the
issuance, subject to final review and approval by the Finance Director and the City
Attorney. D. Higgins seconded the motion, which passed 3-0.
3. REQUEST FOR RECORDS SPECIALIST POSITION IN THE POLICE DEPARTMENT.
J. Straus requested that the council approve the Records Specialist position to the Police
Department. The records specialist is retiring and the criminal justice budget allows for the position
to be filled.
D. Higgins moved to recommend adding a Records Specialist position to the Police
Department. D. Ralph seconded and the motion passed 3-0.
4. SHORETELITRI-TEC COMMUNICATIONS, INC. GOODS & SERVICES AGREEMENT.
M. Carrington presented the agreement with Tri-Tec communications for the council's approval.
Shoretel has been selected as the product offering of choice for the city's new phone system
replacement initiative. Shoretel utilizes a Value-Added-Reseller model through local vendors to sell,
distribute, install and service their products.
Tri-Tec communications, Inc. is an authorized Shoretel VAR located in Kent, Washington.
D. Ralph moved to recommend the Mayor sign a Goods and Services Agreement with Tri-
Tec Communications, Inc. in the amount of $264,222 for the purchase of
telecommunications equipment, services, and maintenance, subject to terms and
conditions acceptable to the City Attorney and Information Technology Director. D.
Higgins seconded and the motion passed 3-0.
Operations Committee Minutes
May 21, 2013
Page: 2
S. ALLIED TELESIS ANNUAL MAINTENANCE & SUPPORT- AUTHORIZE.
M. Carrington presented the contract for Allied Telesis annual maintenance & support in the amount
of $41,094. This expenditure consolidates multiple maintenance and support contracts for related
network equipment purchased through disparate projects over the last two years. This
consolidation will result in cost savings and reduced effort by staff through a single maintenance
and support agreement under one consolidated goods and services contract.
D. Higgins moved to recommend the Mayor sign a Goods and Services Agreement with
Allied Telesis, Inc. in the amount of $41,094 for the purchase of annual maintenance and
support, subject to terms and conditions acceptable to the City Attorney and Information
Technology Director. D. Ralph seconded the motion, which passed 3-0.
6. CDW-G I EMC ANNUAL MAINTENANCE & SUPPORT- AUTHORIZE.
M. Carrington presented the agreement with CDW-G, Inc for maintenance and support of EMC
networked data storage. The City's current EMC equipment support and maintenance vendor will be
transitioned to CDW-G, Inc. as the result of a successful competitive bid process. A continually poor
track record from the previous vendor prompted the need to switch.
D. Ralph moved to recommend the Mayor sign a Goods and Services Agreement with
CDW-G, Inc. in the amount of $65,209 for the purchase of annual maintenance and
support, subject to terms and conditions acceptable to the City Attorney and Information
Technology Director. D. Higgins seconded and the motion passed 3-0.
The meeting was adjourned at 4:33 p.m. by L. Thomas.
k
Satwinder Kaur
Operations Committee Secretary
KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
May 14, 2013
COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and William Boyce, Chair. The meeting
was called to order by Chairperson William Boyce at 5:32 p.m.
Changes to the Agenda:
Item number 7 was moved to item number 2 to allow the Target Zero Manager to attend
another meeting. Chairperson Boyce approved the move.
Chairperson Bill Boyce recognized Dr. Vargas from the Kent School District.
1. Approval of Minutes
Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to
approve the March 12, 2013 minutes. Motion PASSED 3-0.
2. WTSC Target Zero manager funding grant
Sara Wood, one of the Target Zero managers, provided information regarding the statewide
initiative. The WSTC has Target Zero managers coordinating law enforcement DUI emphasis
and "click it or ticket' patrols. Sara coordinates 13 law enforcement agencies in South King
County. This grant covers the period July 1, 2013 — June 30, 2014 and reimburses the city for
60% of the salary and benefits for the Target Zero manager.
After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED
a Motion to recommend the Mayor accept a grant in the amount of $61,000 from the
Washington Traffic Safety Commission funding 60% of the salary and benefits for the
Target Zero Manager position with the city, and authorized executing any related
documents with terms and conditions acceptable to the city attorney and police chief.
Motion PASSED 3-0.
3. School speed zone traffic safety camera ordinance amending KCC 9.36
Chairperson Boyce indicated that this program is something this committee has been working on
and is only about safety in our district and for kids.
Deputy City Attorney Pat Fitzpatrick and Sergeant Robert Constant presented information. Pat
Fitzpatrick outlined the program and indicated this is not a red light/stop light program, but this
is for school speed zones. Kent is only implementing cameras in school speed zones.
Pat Fitzpatrick provided details regarding the ordinance and related contract, the study
performed by the public works department in addition to assessment of costs and revenue
prepared by the finance department ensuring that this program will not cost the city any money.
A new version of ordinance was made available at the meeting. Pat Fitzpatrick provided details
in the ordinance that are required by State law. No photos are taken of driver, only of rear of
the vehicle and license plate and photos can only be used for enforcing the school speed zones.
The cameras will be activated a half hour before and after school. During the time the cameras
are activated, a vehicle passing through the system, exceeding the speed limit, is photographed.
The company we contract with gathers the data and sends to the Kent police department. A
Public Safety Committee Minutes
May 14, 2013 1
Kent police officer reviews and approves or declines citations which are directly filed into
municipal court. Direct filing was a critical issue when selecting the contractor. We did not want
court personnel spending time entering data for filing infractions into the court. The contractor
we selected has a contract with the State Office of Administrator of the Courts to directly file
citations once an officer approves the citation. Once filed, it is treated just like any other
infraction; it can be contested, mitigated, or it can be paid. If not paid, it goes to Failure to
Appear (FTA) status and affects the ability to register the vehicle at a later date. These
infractions do not affect insurance rates.
Under the law, there is a presumption that the registered owner was driving the vehicle. A
person can sign an affidavit, under penalty of perjury, that they were not driving the vehicle and
identify the person that was driving the vehicle or indicate that the vehicle was stolen.
Councilmember Ralph asked if, at the time of signing the affidavit, the owner is required to
identify the person driving the vehicle. Pat Fitzpatrick indicated that they are required to
identify the driver and it is standard practice that allows the City to refile against the person
driving. Councilmember Thomas asked if the affidavit is required to be completed in court. Pat
Fitzpatrick indicated that State law requires that the city allows filing by mail and anticipates
that Kent will implement this requirement. Sergeant Constant indicated that under certain
circumstances, i.e., repeat offenders signing affidavits, an officer may need to perform
additional review of the images taken. Committee Chairperson Boyce reiterated that this
program is not meant to be a revenue generator, rather a safety program.
Pat Fitzpatrick detailed the two issues of critical importance to the public safety committee. (1)
Use of funds. The committee wanted the funds to be redirected back into the program to make
sure the cost of the program are covered and (2) if there are any funds remaining in excess of
the costs that they be used to fund personnel programs, services and equipment related to the
enforcement and processing of traffic and criminal laws within the City. Chairperson Boyce
indicated that all three committee members are in agreement with the provisions in the
ordinance addressing these two issues.
Pat Fitzpatrick discussed the enforcement provisions regarding the penalty section of the
ordinance. There will be a two-phase penalty. The first phase addresses anyone going over the
20 mph limit - committing that offense comes with a $124 fine. If a person is travelling 30 mph
or more, the penalty doubles. These penalties are consistent with current state law in school
speed zones. Pat Fitzpatrick indicated that if an officer is patrolling a speed zone with a radar
gun and someone exceeds the speed limit, the traffic fine doubles, no matter how many miles
over the speed limit they are travelling. Most fines in typical speeding cases are based on five
mph increments.
Sergeant Constant discussed the severity of injuries caused at various speeds. Impacts that
involve a pedestrian at 20 mph (nationwide there is a 5% chance of a fatality); speeds of 30
mph (there is a 45% chance of a fatality). Every additional increase in speed greatly increases
the chance of a fatality. Keeping drivers under 20 mph decreases the chance of injuries and
fatalities, and increases the safety of pedestrians in school speed zones and in cases of children
this plays a significant factor in the survivability of a child.
Pat Fitzpatrick indicated that language in the previous version of the ordinance implied that
there would be no fine until a person was travelling 25 mph. That provision was removed from
the current ordinance, but the police department has discretion as to whether or not to issue an
infraction for speeds 20-25 mph. Chairperson Boyce asked for clarification as to whether or not
a person going 24 or 25 mpg would be issued a citation. Pat Fitzpatrick indicated that the driver
going 25 mph would be issued an infraction. Sergeant Constant provided information
supporting discretionary issuance of citations regarding the stopping distance and kinetic energy
involved in the increased speeds, and the potential injuries.
Public Safety Committee Minutes
May 14, 2013 2
Pat Fitzpatrick indicated that Seattle issues citations at 21 mph, Auburn, Renton, Des Moines,
and Federal Way issue citations to vehicles going 26 mph or more.
Councilmember Ralph indicated that our approach is based on safety - slowing down vehicles.
We need to make sure that this ordinance does what we want it to do - provide safety.
Councilmember Thomas asked about the hours of operation of the cameras. Pat Fitzpatrick
indicated that photographs will be taken when the lights are flashing. Issaquah operates their
cameras the entire time the school is in session. Pat indicated that this program is for the
safety of the kids and that the City can reevaluate and revise the hours of operation.
Councilmember Ralph requested clarification on who confirms that the cameras are operating on
late start dates, etc. Pat Fitzpatrick indicated that this issue is something that is currently being
worked on, but it is his impression that the cameras are operated by the City's public works
department in cooperation with the Kent School District. The City needs to be kept up-to-date
on the school schedules.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend adoption of the ordinance presented at the May 14, 2013
public safety committee meeting amending Chapter 9.36 of the Kent City Code by
adding the new section 9.36.140 entitled "School speed zone traffic safety cameras."
Motion PASSED 3-0.
4. School speed zone traffic safety camera contract with American Traffic
Solutions
Deputy City Attorney Pat Fitzpatrick indicated that a service provider is required for the school
zone traffic safety camera program. The City requested qualifications from three companies,
two from the state of Washington, and one out of state. The three companies presented their
programs to a panel of representatives from police, public works, law, and the court. One
company was not qualified. Based on the presentations, American Traffic Solutions (ATS) stood
out. Pat requested the committee approve the contract subject to the terms and conditions
approved by the city attorney since a few issues are still being negotiated.
ATS will perform a follow-up study to the City's study to ensure that this program is going to be
a cost-neutral process. ATS will work with the public works department to design and assess
the location of the cameras and will install the cameras at their cost. The intent is to have the
system up and running the first day of the 2013 school year. There will be a 30 day warning
period in which photographs are taken and warning notifications are sent to the vehicle
registered owners. ATS sets up the computer system that directly provides information to the
Judicial Information System (the State court system). ATS helps us create the format of the
infraction. ATS .provides for the maintenance and repair of the system. The fee per
approach/camera is $4750. Each zone has two cameras, one in each direction. Protections
were negotiated in the contract to ensure that, at the end of the term of the contract, if the City
owes money, that amount is forgiven. If the cameras work how we want them to, the City has
accomplished its goal. According to the contract, if we do not take in more money than the cost
of the cameras, it is rolled over to the next month. If at the end of the term of the contract, the
City owes money, ATS will forgive the amount owed.
If either of the school zones do not performing as anticipated, the City can, at its cost, move the
camera(s) to another school zone.
An additional protection negotiated in the contract relates to challenges in the courts and/or
legislature. If there is a successful challenge in the courts, the city can terminate the contract.
Additionally, if the legislature decides that the cameras are illegal, the City has the ability to
Public Safety Committee Minutes
May 14, 2013 3
terminate the contract. The contract term is five years with extensions available at the City's
option.
Chairperson Boyce wanted confirmation regarding other cities contracting with ATS. Sergeant
Constant Indicated that ATS is the biggest provider in the state of Washington and in the nation.
ATS just entered into a contract with Seattle and currently contracts with Renton, Des Moines
and Issaquah in addition to other cities.
Council member Ralph asked for clarification regarding the cost of the program. Pat Fitzpatrick
indicated that if the city does not collect enough to cover the $4750 per camera, then that
amount is forgiven and does not include overtime costs, court personnel, or prosecution costs.
The additional costs can be analyzed with the documentation provided by the Finance Director
Robert Nachlinger.
The committee confirmed that the ordinance and contract will be presented under "other
business" and will potentially go to the next council workshop.
Council member Ralph indicated that, regarding the ordinance, safety issues are the primary
driver, but is also concerned about the costs. She would like to make sure that we are tracking
the actual costs and they stay the actual costs, not rolled into operational costs. If there is any
excess in funds, the money should go back into public safety so that those funds will impact the
safety of the rest of the City.
Pat reviewed the traffic safety study results and recommended implementing the program in two
schools-Neeley-O'Brien elementary and Sunrise elementary. Sergeant Constant provided
details regarding the traffic study for each of the six school speed zones studied. He indicated
that one officer can make a stop of one vehicle every 8-12 minutes where the safety cameras
can capture more violators and bring awareness to those drivers at a much higher rate. Pat
confirmed that ATS will be performing an additional study to ensure the accuracy of the City's
study.
Council member Thomas requested confirmation that the cameras capture all four lanes in the
school zones. Pat Fitzpatrick and Sergeant Constant confirmed that the cameras will capture all
four lanes.
Pat Fitzpatrick provided the financial information provided by Robert Nachlinger, Finance
Director. Studies show that the number of violations dramatically drop during the first six
months the cameras start operating. The finance department analyzed staff time and the cost
of camera system and made a very conservative assumption that 98% of the violators would
correct their behavior. With only 2% of the violators left, the City will cover the costs of the
program and there will be money coming back into the program that can be utilized for traffic
enforcement in other areas of the city. It is anticipated that there will be initial increased costs
due to the number of violators. More work will be done by staff in the beginning. Sergeant
Constant indicated that generally, there is a 60-80% reduction in violations 6 months - one year
from implementation.
Council member Ralph asked for clarification on the personnel hours and if they were based on
employee time required at the time of implementation or 6 months after implementation. Pat
Fitzpatrick indicated that the Law department's numbers are based on 6 months after
implementation. Sergeant Constant indicated that, initially, there may be more complaints from
the public that require supervisory time. Based the police department numbers on neighboring
jurisdictions, and it is a conservative estimate.
Council member Ralph asked about collection rates from neighboring jurisdictions. Sergeant
Constant indicted that some of the other jurisdictions did not tie the speed zone offenses to the
Public Safety Committee Minutes
May 14, 2013 4
ability to tag the registration which caused a larger number of collections. The City will tie these
infractions to the ability to register the vehicle which should reduce the number of
uncollectables.
Chairperson Boyce invited Kent School District Superintendent, Dr. Vargas, to speak on behalf of
the school district regarding the school speed zone traffic safety program. Dr. Vargas detailed
the need for a safety program that will benefit the community and the safety of the kids. Safety
is the number one priority for the school district. Dr. Vargas commended the City's vision and
leadership in making our community safer. Chairperson Boyce indicated that the City's goal is
to be proactive. Dr. Vargas indicated that the school district has received complaints and
significant concerns from parents and believes the community will welcome this program for our
kids. Council member Ralph thanked Dr. Vargas for the partnering between the school district
and the community and indicated that it serves our community well.
After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED
a Motion to recommend authorizing the Mayor to enter into a five year contract with
American Traffic Solutions for school speed zone traffic safety cameras subject to final
terms and conditions acceptable to the city attorney and police chief. Motion PASSED
3-0.
S. Ordinance amending KCC 9.36 "Traffic Code"
Pat Fitzpatrick presented information on the traffic safety school that the city of Kent has
established and utilized via policy for many years and indicated that it is now in our interest to
officially establish the program. Our City, through Mike Buckingham and the police chief, has
created the model for this program in this area.
When a person charged with an infraction and if their record is such that they qualify, they are
permitted to attend our traffic safety school. The program is a reeducation process geared
towards new drivers and drivers that have not been educated since they received their license.
Participants spend a day with a traffic officer and at the successful completion of the program,
their infraction is dismissed. This is a one-time-only opportunity. This ordinance establishes the
program in addition to detailing the rules and parameters for implementation.
Councilmember Ralph indicated that this is a very successful program with an educational
opportunity.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend adoption of the ordinance amending Chapter 9.36 of the Kent
City Code, entitled "Traffic Code," adding a new Section 9.36.130 entitled "Traffic
Safety School," formally establishing a traffic safety school to promote traffic safety
within the city of Kent. Motion PASSED 3-0.
6. DSHS Youth alcohol prevention grant
Stacy Judd and Kent police youth board member Kaja, presented information regarding the
alcohol prevention grant through the Department of Behavior Health and Recovery. The grant is
for the "Draw the Line Campaign" that focuses on underage drinking. The grant is for $2,000
and the projects must be completed by the end of May. The program focuses on underage
drinking and social media campaigns. They are working with Kentwood High School to conduct
a campaign in their school that focuses on the number of students that are not drinking. Focus
on the positive of not drinking. This is part of Kentwood's Game of Life project.
After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED
a Motion to recommend the Mayor accept the grant award from the Washington State
Public Safety Committee Minutes
May 14, 2013 5
Department of Social and Health Services that focuses on youth alcohol use
prevention, adjust the budget and authorize execution of any document relating to the
grant funds with terms and conditions acceptable to the city attorney and police chief.
Motion PASSED 3-0.
7. Drug Free Coalition — Information Only
Stacy Judd and Kent police youth board member Kaja presented information regarding the Drug
Free Coalition. This is a collaborative project between the Drug Free Coalition and the Kent
Police Youth Board and part of the Draw the Line Project between youth and alcohol.
Perceptions can drive how much people choose to use or not use alcohol and marijuana. Kaja
explained the results from the surveys the two groups conducted. If kids view graffiti, they may
think it is ok to do. If they view alcohol and cigarette advertising, they may perceive that it is
ok to drink and smoke. The police department is working with the community to fix these
perceptions and get areas cleaned up. The community needs to adopt the fact that it is not ok
for youth to drink alcohol and do drugs.
The groups went and found positive things in the City that help change perceptions to the
positive including after school youth programs and the youth board. The groups work with
schools, neighborhood groups, and volunteer groups in addition to mentors in the schools.
The Youth Board and DFC work with businesses preventing underage drinking.
Council member Ralph is very proud of our youth board and all of the great work they are doing.
Council member Thomas talked about the confusing messages in the media from sports figures.
B. Fiscal Year 2012 Bureau Justice Assistance Grant
Assistant Chief Straus presented information regarding the Bureau Justice Assistance Grant.
This $51,000 grant will cover equipping officers with rifles, upgrading the police range, replacing
worn bicycles in the bicycle unit, corrections programs eradicating graffiti and picking up
garbage. This annual grant will run through September 2015.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend Council accept the Fiscal Year 2012 Bureau of Justice, Justice
Assistance Grant in an amount of $51,883, authorize amending the budget and
authorize expenditure of the funds in accordance with the grant terms acceptable to
the police chief and city attorney. Motion PASSED 3-0.
9. Securus Inmate Phone Services — Information Only
Commander McCuistion presented an update on the inmate phone system. She indicated that
the City's legal department did an excellent job putting together a contract with Securus
Technologies. The contract has been signed and the corrections department will be moving
forward with the program. The project manager from Securus will set up a meeting with our
information technology department. The project completion date is 90 days.
Adiournment
Councilmember Boyce adjourned the meeting at 6:50 p.m.
Kim A. Komoto
Public Safety Committee Minutes
May 14, 2013 6
PUBLIC WORKS COMMITTEE MINUTES
June 3,....2013....
Committee Members Present:
Committee Chair Elizabeth Albertson and Committee members Dennis Higgins and
Dana Ralph were present. The meeting was called to order at 4:06 PM.
Item 1 — Approval of Meeting Minutes Dated May 20, 2013:
Committee member Higgins MOVED to approve the minutes of May 20, 2013.
The motion was SECONDED by committee member Ralph and PASSED 3-0.
Item 2 — Tacoma Water Supply:
Interim Water Superintendent, Kevin Swinford briefly explained that in early 2007
the second supply pipeline was complete and ready to deliver water to its partners.
Additional Water Second Supply Project (AWSP) was authorized to start storing
20,000 acre feet. of water behind the Howard Hanson Dam for municipal use.
The Fish Passage Facility for the migration of fish has been delayed and as a result
the partners negotiated an agreement with the regulatory agencies National Marine
Fisheries and US Fish and Wildlife and tribes to annually donate one half or 10,000
acre feet of this storage, until the fish passage is completed.
Higgins asked what the rough value of the water is. Swinford stated it is hard to say
because wholesale water and retail rates are different and hard to put an amount on
it. Higgins noted that he would like to get a dollar amount when this item comes back
to committee next year.
Committee member Ralph MOVED to recommend Council authorize the
Mayor to approve the annual release of one half of Kent's share of water
associated with the Additional Water Second Supply Project (AWSP) subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director. The motion was SECONDED by committee member Higgins
and PASSED 3-0.
Item 3 — South King County Regional Water Association Second Amendment
to the Agreement:
Interim Water Superintendent, Kevin Swinford noted that the South King County
Regional Water Association (SKCRWA) was formed about 30 years ago and that the
City of Kent was one of the founding members. The association includes, cities and
water districts serving urban areas south of Seattle, and was formed to provide a
greater voice when addressing suburban water issues.
PUBLIC WORKS COMMITTEE MINUTES
June 3,....2013....
Swinford stated that with rapid growth in the 1980's the initial efforts focused on
evaluating and locating water supply opportunities that would meet existing and
future needs within the region.
Today, the SKCRWA primarily addresses regional water rights issues. The proposed
amendment would be executed to clarify the short-term purpose of the association,
which is to coordinate on mutual interests.
Several questions were asked of staff from committee members. It was decided that
further clarification on the contract scope of work needs to be presented to
committee before a motion could be made.
No Motion Made
Item 4 — Purchase Water Valve Exerciser:
Interim Water Superintendent, Kevin Swinford noted that the Water Mains and
Services Division annually turns approximately 1,500 valves by hand, which is time
consuming and physically demanding.
Swinford stated staff researched various ways to turn valves and looked for the most
cost effective and efficient method and found that the hydraulic valve exerciser would
increase efficiency by reducing the time it takes to exercise valves as well as reduce
the potential for workplace injuries related to repetitive motion.
Committee member Higgins MOVED to recommend authorization to
purchase a Hurco SD800 Versatile Valve Exerciser from Sahlberg Equipment
Company in an amount not to exceed $24,856, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. The
motion was SECONDED by committee member Ralph and PASSED 3-0.
Item 5 — Bid/SE 256th Street:
Public Works Director, Tim LaPorte stated that we received 10 very competitive bids
for this project. He noted all the bids were tightly grouped which is a good indication
of a well understood set of plans and specifications. The municipal engineering ratio
is on par for projects of this type. As such we are now able to more precisely
estimate the total project costs.
LaPorte went through the history of the project and how we got to where we are. He
discussed that if the undergrounding portion of the project is left out it will be quite
costly to do it at a later date, as everything would have to be torn up. Higgins stated
he is in favor of removing the sidewalk planters, landscaping and undergrounding
from the project. Albertson stated she is not in favor of cutting the undergrounding.
PUBLIC WORKS COMMITTEE MINUTES
June 3,....2013....
There was discussion about how to fund the shortfall. Ralph asked if we could give
back the Transportation Improvement Board (TIB) money. LaPorte noted that the
TIB has extended the agreement by 1.5 years because we are good partners and
that we could return the TIB money; however, we won't be able to get it back. There
was discussion about the decision to fund the project, in any manner and if we do,
would it be setting a precedent?
This item was added to "Other Business" at the June 4, 2013 City Council
meeting.
Item 6 — SE 256th Improvements — Puget Sound Energv Proiect Construction
Agreement•
This item will be brought back to the next Public Works Committee meeting on June
17, 2013.
Item 7 — SE 256th Improvements — Joint Utility Trench Agreement with
Comcast•
This item will be brought back to the next Public Works Committee meeting on June
17, 2013.
Item 8 — SE 256th Improvements — Joint Utility Trench Agreement with
CentryLink:
This item will be brought back to the next Public Works Committee meeting on June
17, 2013.
Added Item:
Bill Doolittle stated the Union Pacific Railroad eastbound rail is exposed and is like
hitting a 2x4 when you cross the tracks. He also stated that he thought the
Burlington Northern Railroad job was done very nicely on Smith Street.
Doolittle asked why all the restrictions on Gowe Street on Mondays? Staff stated the
restrictions are due to the street sweepers that sweep the downtown core of the city
between 4:00 a.m. — 7:00 a.m. Monday — Thursday.
Doolittle asked if he was able to purchase a City flag a large one or a small hand held
one. This will be looked into further.
The meeting was adjourned at 6:28 p.m.
Cheryl Viseth
Council Committee Recorder
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION