HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/15/2011 1
Public Works Committee Agenda
Councilmembers: Ron Harmon+Dennis Higgins+Debbie Raplee, Chair
•
KENT WAsI,l I4�roN August 15, 2011
4:00 p.m.
Item Description Action Speaker Time Pace
1. Approval of Minutes Dated August 8, 2011 YES None 03 03
2. Information Only/Transportation Master Plan NO Mike Miller 20 05
Citizen Committee - Update
3. Puget Sound Energy (PSE) - Easement YES Chad Bieren 05 07
4. Consultant Contract/Central Ave S Sidewalk YES Paul Kuehne 05 11
Replacement & Storm Water Forcemain -
Materials Testing & Inspection
5. State Grant for Commute Trip Reduction - YES Cathy Mooney 05 19
Law Implementation
6. Information Only/Transportation Signal NO Steve Mullen 15 35
System
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each
month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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SPECIALPUBLIC WORKS COMMITTEE
Minutes of Monday, August 08, 2011
COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee was present. Councilmembers Dennis Higgins and Ron Harmon
were absent. Councilmember Elizabeth Albertson sat in for Committee member Higgins. The
meeting was called to order at 4:10 p.m.
Committee Chair, Raplee stated she had Committee member Harmon's concurrence on all action
items.
ITEM 1 — Approval of Minutes Dated July 18, 2011:
Councilmember Albertson MOVED to approve the minutes of July 18, 2011. The motion
was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence.
Item 2 — GeoEngineers/Geotechnical Engineering Services — Horseshoe Bend Secondary
Levee:
Design Engineering Supervisor, Mark Madfai stated that as part of the accreditation process, the
City will be constructing secondary levees along the east and west ends of the Horseshoe Bend
Levee. Construction is anticipated to begin late August 2011. There were nine (9) competitive bids,
Scarsella was the lowest bidder. It was noted that they are a local firm.
GeoEngineers is currently under contract to prepare the Conditional Letter of Map Revision (CLOMR)
for the Horseshoe Bend Levee. GeoEngineers is required to verify that the new secondary levees
are constructed in accordance with FEMA standards. This work was not included in an earlier
contract because it was not known to what extent, if any, levee reconstruction would be required.
GeoEngineers will observe and inspect construction of the setback levee and verify that it is done
properly.
Albertson MOVED to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with GeoEngineers, Inc. in an amount not to exceed $28,570 for
geotechnical engineering services on the Horseshoe Bend Secondary Levee Project, upon
concurrence of the language therein by the City Attorney and Public Works Director. The
motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence.
Item 3 — Information Only/Sky Corp Change Order/Building Demolition — Hazardous
Material Removal and Disposal:
Design Engineering Supervisor, Mark Madfai noted that in order to construct the secondary levees at
Horseshoe Bend Levee, several houses and out buildings needed to be demolished.
A firm was hired to identify and test for hazardous materials that might need to be removed prior to
demolition. It was determined that significantly more hazardous material needed to be removed
than originally estimated. The work is nearly complete. Sky Corp has been able to recycle much of
the materials.
Information Only/No Motion Required
Item 4 — 640 Zone Water Reservoir - Mural:
Design Engineering Supervisor, Ken Langholz noted that the 640 Zone Water Reservoir is nearing
completion, and the painting of the reservoir will include a mural. A rendering submitted by Hennig
was superimposed onto a photo of the reservoir (photo attached) and submitted to various
individuals, including those involved in the Conditional Use Permit process, for their review and
comments. Based on written and verbal comments, Public Works recommends approval of the
mural rendering. The painting will begin in September and take approximately two weeks to
complete.
Page 1 of 2
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SPECIALPUBLIC WORKS COMMITTEE
Minutes of Monday, August 08, 2011
Albertson MOVED to recommend Council approve the mural rendering and authorize
Public Works to proceed with the work on the 640 Zone Water Reservoir, subject to final
terms and conditions acceptable to the City Attorney and the Public Works Director. The
motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence.
Item 5 — Puget Sound Energy (PSE) - Easement:
City Engineer, Chad Bieren noted that based on increasing demand for electricity, Puget Sound
Energy (PSE) is developing a new power substation in Tukwila, on the west side of the Green River.
A new, overhead power line route will be constructed this fall to meet this demand and provide
increased reliability for its system serving Kent.
This easement will allow PSE to construct aerial power lines around the Pacific Gateway Stormwater
Detention pond, which is owned by Kent. PSE will need a separate easement from the City to
complete this project as it crosses the Green River at the Boeing Levee. This related easement will
be brought to the Committee at a later date.
Albertson MOVED to recommend Council authorize the Mayor to sign an easement
allowing Puget Sound Energy to place overhead facilities on City property at the Pacific
Gateway Stormwater Detention pond subject to final terms and conditions acceptable to
the City Attorney and Public Works Director. The motion was SECONDED by Raplee and
PASSED 3-0, with Harmon's concurrence.
Item 6 — Information Only/Wayside Horn Demonstration:
Transportation Manager, Steve Mullen noted that the City is proposing to establish railroad quiet
zones on the BNSF and UP railroad tracks through Kent.
In order to determine what improvements would be necessary for a quiet zone, the City conducted
a Railroad Diagnostic Study. Results of the Study indicated that one of the methods used to reduce
the impacts of train horns would be the installation of wayside horns. Mullen went on to note that a
wayside horn is installed at the railroad crossing and is focused directly at the roadway approaching
the tracks. With wayside horns in place, trains are not required to use their horns. Train horns
broadcast sound much further than wayside horns.
A wayside horn demonstration will take place on Thursday, August 18, 2011, starting at 4:00 p.m.
at the Titus Street grade crossing of the BNSF railroad tracks. Attendees will gather at the Titus
Railroad Park, on the northeast corner of First Ave S and W Titus Street.
Information Only/No Motion Required
Item 7 — Water System — Updated:
Water Superintendent, Brad Lake gave an informative PowerPoint Presentation on the water
system.
The meeting was adjourned at 5:10 p.m.
Cheryl Viseth,
Public Works Secretary
Page 2 of 2
5
ITEM # 2
INFORMATION ONLY
Transportation Master Plan Citizen Committee
Mike Miller, Committee Lead
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 10, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 15, 2011
From: Chad Bieren, P.E. - City Engineer
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Puget Sound Energy (PSE) Easement
Item - 3.
Motion:
Move to recommend Council authorize the Mayor to sign an easement
allowing Puget Sound Energy to place overhead facilities on City property at
the Briscoe Levee upon the concurrence of the language therein by the
Public Works Director and the City Attorney.
Summary:
Based on increasing demand for electricity, Puget Sound Energy (PSE) is developing
a new power substation in Tukwila, on the west side of the Green River. A new,
overhead power line route will be constructed this fall in order to meet this demand
and provide increased reliability for its system serving Kent. The new lines will
connect the new Tukwila substation with the existing Boeing substation, which is
located in Kent.
This easement will allow PSE to construct aerial power lines over the Briscoe Levee,
which is owned by Kent. The new lines would be placed 45-feet over the existing
ground to allow for higher vegetation near the Green River. The easement also
includes provisions to allow for levee repair and construction with the lines in place.
If work is required near the 31ines PSE will accommodate the work at its expense.
Budget Impact:
PSE would pay the City $877.00 for this easement. The money would be paid into
the stormwater utility and used for levee improvements.
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EXHIBIT "A"
Legal Description of Easement
Portion of Tax Lot No, 022204-9047
An EASEMENT along a strip of land, situate in the City of Kent, King County,
State of Washington, being a portion of the parcel of land conveyed by the Union Pacific
Land Resources Corporation to the City of Kent, as described in the Donation Quitclaim
Deed, recorded under King County recording number 80022OO475, located in the
Southwest Quarter of the Northwest Quarter of Section 2,Township 22 North, Range 4
East, Willamette Meridian, described as follows:
A strip-of-land-5O.00 feet in width, the perimeter boundaries of which are described as
follows. Commencing at the Southeasterly corner of Lot A of City of Kent Lot Line
Adjustment LL92--12., recorded under King County recording number 921O290677, being a
point on, the Westerly Right-of-Way line of South 194th Street (58th Place South);
Thence North 58021'52" West, along the line common to Lot A and Lot B of said Lot Line
Adjustment LL 92-12, 130,74 feet to the Easterly line of said parcel of land conveyed by
the Union Pacific Land Resources Corporation to the City of Kent, being the TRUE POINT
OF BEGINNING of the herein described strip-of-land;
THENCE North 25001` 13" East, along said Easterly line, 34.08 feet;
THENCE, leaving said Easterly tine, North 57"44'23" West 114.50 feet to the "Ordinary
High Water Line" of the Right Bank of the Green River;
THENCE South 30052'19" West, along said "Ordinary High Water Line",-50.01 feet;
THENCE', leaving said "Ordinary High Water Line" South 57044'23-" East 1.1-8.35 feet to
the Easterly line of said parcel of land conveyed by the Union Pacific Land Resources
Corporation to the City of Kent;
I HENCE North 31 035'12" East, along the said Easterly line, 11.23 feet;
THENCE, continuing along said Easterly line, North 25001'13" East 5.00 feet, to the True
Point of Beginning.
The above-described periteter boundaries encompass approximately 5,846 square feet,
more or less,'
a s, ter, End of Description
y y
_F_gg fyyj/. yS�VF 1'�'y
Vir41024sw ` Prepared by Scott Edwards, PL5 August 9,2030
j°O 14 r <w APSSurveytx' Mapping
L 13221 SE 26''Street,Suite A
{ zoio Bellevue,WA 9805
Phone 425 746 3200
Page 1 of 1
, I:00529g\legal descripuons%easement exhfbit a�easement 23 rev o80910.docg
10
EXHIBIT "B"
Easement Exhibit Map
Portions of the NW 1/4 of Section 02,
Township 22 North, Range 4 East,
Willamette Meridian, King County,
State of Washington
Z� C./DONATION QUITLAIM DEED 0 25' 50'
REC. No. 8002200475 � = 50'
AS SHOWN AS TRACT "A"
SOUTHCENTER CORPORATE PARK
VOL. 114, PAGES 36-42
TAX LOT No. 022204-9047
LOT A — ILL 92-12
p KENT LOT LINE ADJUSTMENT
✓��� / / EASEMENT �! 1�'x REC. No. 9210290677
/5/846t SQ. FTr / r1�0' TAX LOT No. 788880-0180
,TRUE, POINlT
¢23 OF BEGINNING
NS82 01760
30
'fig• /
_ LOT B — LL 92-12
,L KENT LOT LINE ADJUSTMENT
{` ,,` REC. No. 9210290677
'v TAX LOT No. 788880-0190
t; LINE TABLE p'
SURVEY.. MAPPING LINE N2B501I13-E DISTAN 34.G8� tcl
L2 N31'35'12"E 11.23' U
13221 S.E.26TH,STREET, SUITE A L3 N25'01'13"E 5.00'
BELLEVUE,WASHING TON 98005
TEL, (425)746-3200 =
FAX:(425)746-3342
PREPARED BY SCOTT EDWARDS, PLS 00
AUGUST 9, 2010 — JOB N0. 1005.258 i
EASEMENT-23 REV 080910.DWG
11
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 4, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 15, 2011
From: Peter Tenerelli, Construction Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Contract/Central Avenue South Sidewalk Replacement & Storm
Water Forcemain - Materials Testing and Inspection Services
Item - 4
Motion:
Move to recommend Council authorize the Mayor to sign a consultant
contract with Jason Engineering and Consultant Business, Inc., in an
amount not to exceed $66,725.00 for materials testing and inspection
services related to the construction of the Central Avenue South Sidewalk
Replacement and Storm Water Force Main Project subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
Summary:
Public Works Engineering is contracting for the improvement of the west side of
Central Avenue South, from the Aukeen Jail (Horseshoe Bend Storm Water Pump
Station) to Titus Street. The scope of work includes removing and replacing a
significant amount of concrete sidewalk, curb and gutter and commercial driveways
and installing approximately 4,300 feet of 18 inch storm water pipe that will
eventually be connected to a larger pump system at James Street, east of Central
Avenue.
This is the first phase of multi-phase system, that when completed, will provide
relief of roadway flooding at James Street and the Senior Center during peak storm
events.
Sound engineering practices dictate that rock, asphalt and concrete are tested to
insure they meet specifications and that trench backfill material is compacted to the
required density to support the new concrete sidewalk and driveways. Materials
analysis and density testing requires a laboratory with certified equipment and
personnel which the City does not possess. Jason Engineering and Consulting
Services, Inc., has the certifications and expertise to perform these duties and was
selected based on their qualifications.
Budget Impact: This work is included in the project budget.
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„ Jason Geotechnical Engineering Rev Date: 08-03-2011
of ti, Engineering& Retaining Wall/Pavement Design Project South Central Force
Consulting Construction Management Main, Kent#10-3009C
Business,Inc. WABO/AASHTO Inspection&Testing File#: pll-036
CITY OF KENT
220-4f Avenue S.
Kent,WA 98032-5895
Attn: Mr. Pete Tenerelli,Construction Manager
Re: Letter of Interest & Statement of Qualifications
Project: South Central Force Main,Kent# 10-3009C
JASON ENGINEERING would like to submit this letter of our interest and qualifications for providing
geotechnical engineering and/or testing and inspection services. Our office is physically located in Auburn,
from which we provide our services to job sites throughout the Puget Sound Region. JASON
ENGINEERING is committed to providing our clients with timely services they can depend upon for
accurate and professional results. We are a small company and concentrate on the clients to provide a
professional,personalized, cost effective service. We strive to keep ahead through our sense of purpose and
dedication in providing our clients with, personable services for the geotechnical engineering, construction
inspection& testing industry.
JASON ENGINEERING specializes in providing,
✓ Geotechnical Engineering(including ✓ Public works construction Inspector Support
Hazard Area Regulation) and/or management.
✓ Slope stability analysis ✓ Materials testing and inspection.
✓ Erosion Control Inspection ✓ Special inspection, construction monitoring,
✓ Pavement deflection analysis and road design soils, asphalt, concrete,masonry
✓ Soils stabilization/enhancement ✓ Laboratory testing for construction materials
✓ Retaining walls, earth walls, rockery designs ✓ Technical information reports (King County)
✓ Percolation testing ✓ Pile design recommendations
✓ Infiltration trench design
Our experience in the geotechnical field and testing/inspection of construction materials is extensive,
especially concerning soils, concrete and asphalt. Also, we can provide certificates of insurance for
Professional and/or General Liability Insurance. We can provide you with either full or part time
inspection services (as needed). We request a minimum of 24 hours notice depending on proximity to job
sites.
If you have any questions or if JASON ENGINEERING can be of any further assistance please call on us at
(206) 786-8645.
Respectfully Submitted,
JASON ENGINEERING & CONSULTING BUSINESS,INC
Ja EC Bell, P.E.
President
Phone: (206)-786-8645 Fax: (253)833-7316 Email:Jason@jasonengineering.com
PO Box 181 Auburn WA. 98071
14
„ Jason Geotechnical Engineering Rev Date: 08-03-2011
of ti, Engineering& Retaining Wall/Pavement Design Project South Central Force
Consulting Construction Management Main, Kent#10-3009C
Business,Inc. WABO/AASHTO Inspection&Testing File#: pll-036
Scope of Services, Exhibit
These rates will apply for the duration of the project to meet the testing and inspection requirements for
your project: South Central Force Main,Kent# 10-3009C. Estimated duration;120 days
" Provide onsite construction inspection and recommendations regarding construction materials as
requested.
" Observe placement and procedures of materials. Provide density tests to confirm compaction and
testing specification requirements.
" Sample imported material to evaluate and confirm specification requirements. This includes
laboratory testing for each material type encountered and/or imported to the site. Testing methods
will be performed according to current applicable standards.
" Provide miscellaneous professional services related to this project as directed.
" Provide to the owner within two hours of discovery, notification of failing test results related to
materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's
Representative.
" Provide time sheets with each invoice that verify consultant employee(s), day, date and times worked,
hourly rate, total per day, mileage; tests performed and test fees, and any other pertinent information
required to verify invoiced charges.
" Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A
Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the
project distribution list.
" The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for
all work performed. There is a minimum charge of 2 hours for normal inspection and professional
engineering services (weekends are minimum 4 hours).
" An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour
working day, and legal holidays.
" Equipment & materials will include equipment used by an inspector the field in the performance of
normal inspection duties.
" Unit rates valid for anticipated duration of the project.
Phone: (206)-786-8645 Fax (253)833-7316 Email:Jason@jasonengineering.com
PO Box 181 Auburn WA. 98071
15
„ Jason Geotechnical Engineering Rev Date: 08-03-2011
of ti, Engineering& Retaining Wall/Pavement Design Project South Central Force
Consulting Construction Management Main, Kent#10-3009C
Business,Inc. WABO/AASHTO Inspection&Testing File#: p11-036
Schedule of Fees & Services, Exhibit B
PROFESSIONAL SERVICES Unit Rate Item Total
100 Construction Management Inspector $60.00 per hour $6,000.00
80 Asphalt Inspection&Monitoring w/Densometer $60.00 per hour $4,800.00
200 Concrete Inspection&Monitoring $60.00 per hour $12,000.00
500 Soils Inspection&Monitoring w/Densometer $60.00 per hour $30,000.00
10 Professional Engineering Services $95.00 per hour $950.00
70 Administrative services $40.00 per hour $2,800.00
50 trip fee per round trip, non-resident inspector $15.00 per trip $750.00
OT/ Holiday hours 1.5 x rate per hour
LABORATORY SERVICES Unit Rate Item Total
5 Asphalt Ignition&Gradation $150.00 each $750.00
5 Asphalt Rice Specific Gravity $85.00 each $425.00
200 Concrete/Grout; Cylinders/Prisms $20.00 each $4,000.00
10 Soil,Fracture Count $75.00 each $750.00
10 Soil,Proctor(Standard or Modified) $150.00 each $1,500.00
10 Soil,Sand Equivalent Test $75.00 each $750.00
10 Soil,Sieve Analysis with#200 wash $125.00 each $1,250.00
Soil,Unit weight $30.00 each
Estimated Project Total: $66,725.00
Phone: (206)-786-8645 Fax: (253)833-7316 Email:Jason@jasonengineering.com
PO Box 181 Auburn WA. 98071
16
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19
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 3, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 15, 2011
From: Cathy Mooney, Senior Transportation Planning Supervisor
Through: Chad Bieren, P.E., City Engineer
Subject: State Grant for Commute Trip Reduction Law Implementation
Item - 5
Motion:
Move to recommend Council authorize the Mayor to sign the
Transportation Demand Management Implementation Agreement,
Washington State Department of Transportation #GCA684 for the term
July 1, 2011 through June 30, 2013, upon concurrence of the language
therein by the City Attorney and the Public Works Director.
Summary:
This agreement is between the Washington State Department of Transportation
(WSDOT) and the City of Kent. The City is required by State Law to enforce the
regulations specified in RCW 70.94.521 related to commute trip reduction (CTR).
The purpose of this agreement is to allocate two years of funding for the 2011 -
2013 state budgeted biennium. The City pays for its efforts to enforce the state law,
then is reimbursed by the State for costs incurred based on a formula devised by the
State Department of Transportation, Public Transportation Office. For the 2011-
2013 biennium the funding agreement is for $106,007.00, or $53,003.50 annually.
There are currently 30 organizations required by law to participate in the CTR
program and another 7 companies that voluntarily participate. Altogether, these 37
participants represent more than 15,000 employees in Kent.
This contract fully reimburses the City for its costs related to the CTR program.
Budget Impact:
There is no required match to this state grant.
20
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zi
Transportation Demand Management
Implementation Agreement
Washington State Department of Contractor
Transportation City of Kent
310 Maple Park Avenue SE 220 4th Ave S
PO Box 47387 Kent, WA 98032
Olympia,WA 98504-7387
Contact Person: Kathy Johnston Contact Person: Cathy Mooney
Federal ID #: 91-6001254
Project Costs: Scope of Project: Carry out the
State Funds $106,007 Project as described in Exhibit 1, Project
Contractor Funds $0 Scope of Work
Total Project Cost $106,007
Agreement Number:
GCA6894
Term of Project: Service Area: Kent
July 1, 2011 through June 30, 2013
This AGREEMENT is entered into by the Washington State Department of
Transportation, hereinafter referred to as "WSDOT" and the Contractor identified above,
hereinafter referred to as "CONTRACTOR", and/or individually referred to as the
"PARTY" and collectively referred to as the "PARTIES."
WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the State's leadership
role, and the requirements and parameters to reduce traffic congestion, fuel use, and air
pollution through the Commute Trip Reduction programs, including the Growth and
Transportation Efficiency Centers in Washington State; and
WHEREAS, RCW 47.06.050 requires that when planning capacity and operational
improvements, the State's first priority is to assess strategies to enhance the operational
efficiency of the existing system, and states that strategies to enhance the operational
efficiencies include, but are not limited to, access management, transportation system
management, and demand management("Strategies"); and
WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per
capita vehicle miles traveled, to consider efficiency tools including commute trip
reduction and other demand management tools, and to promote the integration of
multimodal planning in support of the transportation system policy goals described in
RCW 47.04.280; and
WHEREAS, the Legislature has directed the State to increase the integration of public
transportation and the highway system, to facilitate coordination of transit services and
planning, and to maximize opportunities to use public transportation to improve the
efficiency of transportation corridors (RCW 47.01.330); and
WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify
opportunities for cooperation to achieve statewide and local transportation goals; and
GCA6894 Page 1 of 14
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WHEREAS, the State of Washington in its Sessions Laws of 2011, chapter 367, Section
220(8) and (9), authorizes funding for Public Transportation and Commute Trip
Reduction programs and other special proviso funding through the multi-modal
transportation account as identified in the budget through its 2011-2013 biennial
appropriations to WSDOT; and
WHEREAS the WSDOT Public Transportation Division is responsible for administering
funds on behalf of the Washington State Legislature;
NOW, THEREFORE, in consideration of terms, conditions, performances and mutual
covenants herein set forth and the attached Exhibit I, "Project Scope of Work" and
Exhibit II, "Project Progress Reports", which are both incorporated and made a part of
this AGREEMENT, IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funding to the
CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of
RCW 70.94.521 through RCW 70.94.555, hereinafter known as the "Project."
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this
AGREEMENT as described in Exhibit I, "Project Scope of Work," which by this
reference is incorporated into this AGREEMENT as if fully set forth herein.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time
defined in the caption space header above titled "Term of Project" of this AGREEMENT
regardless of the date of execution of this AGREEMENT, unless terminated as provided
herein. The caption space header above entitled' "Term of Project" and all caption space
headers above are by this reference incorporated into this AGREEMENT as if fully set
forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the
"State Funds" detailed in the caption space header above titled "Project Costs." The
CONTRACTOR agrees to expend eligible "State Funds" together with any "Contractor
Funds" identified above in the caption space header "Project Costs," in an amount
sufficient to complete the Project as detailed in Exhibit I, "Project Scope of Work." If at
any time the CONTRACTOR becomes aware that the cost which it expects to incur in
the performance of this AGREEMENT will differ from the amount indicated in the
caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in
writing within three (3) business days of making that determination.
Section 5
Reimbursement and Payment
A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual
costs and expenditures incurred while performing eligible direct and related indirect
GCA6894 Page 2 of 14
23
Project work during the Project period provided that payment is subject to the submission
to and approval by WSDOT of properly prepared invoices that substantiate the costs and
expenses submitted by CONTRACTOR for reimbursement and that are accompanied by
progress reports and financial summaries as required in Section 7 — Progress Reports.
The CONTRACTOR must submit an invoice using either State of Washington Form A-
19 (Invoice Voucher), a copy of which is attached hereto as Exhibit V and by this
reference incorporated into this AGREEMENT or a format approved by WSDOT. Such
invoices may be submitted no more than once per month and no less than once per year,
during the course of this AGREEMENT. If approved by WSDOT, said invoices shall be
paid by WSDOT within thirty(30) days of receipt of the invoice.
B. The CONTRACTOR shall submit an invoice by July 15, 2012, for any unreimbursed
eligible expenditures incurred between July 1, 2011, and June 30, 2012. If the
CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall
provide an estimate of the charges to be billed so WSDOT may accrue the expenditures
in the proper fiscal period. Any subsequent reimbursement request submitted will be
limited to the amount accrued as set forth in this section. The CONTRACTOR shall
submit a final invoice to WSDOT no later than July 15, 2013. Any invoice received after
July 15, 2013 will not be eligible for reimbursement.
Section 6
Project Records
The CONTRACTOR agrees to establish and maintain for the Project, either a separate set
of accounts or, accounts within the framework of an established accounting system in
order to sufficiently and properly reflect all eligible direct and related indirect Project
costs incurred in the performance of this AGREEMENT. Such accounts are referred to
herein collectively as the "Project Account." All costs claimed against the Project
Account must be supported by properly executed payrolls, time records, invoices,
contracts, and payment vouchers evidencing in sufficient detail the nature and propriety
of the costs claimed.
Section 7
Progress Reports
The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT
may adequately and accurately assess the progress made under the terms of this
AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the
forms provided in Exhibit II, "Project Progress Report" and/or as provided and modified
by WSDOT staff. The CONTRACTOR shall provide a final progress report, as
prescribed in Exhibit III, "Final Project Progress Report" and/or as provided and
modified by WSDOT staff. Progress reports shall be submitted to WSDOT no later than
forty-five (45) days from the end of each calendar quarter.
Section 8
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and
the right to examine, during normal business hours and as often as they deem necessary,
all of the CONTRACTOR's records with respect to all matters covered by this
AGREEMENT. Such representatives shall be permitted to audit, examine and make
excerpts or transcripts from such records, and to make audits of all contracts, invoices,
GCA6894 Page 3 of 14
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materials, payrolls, and other matters covered by this AGREEMENT. In order to
facilitate any audits and inspections, the CONTRACTOR shall retain all documents,
papers, accounting records, and other materials pertaining to this AGREEMENT for six
(6) years from the date of completion of the Project or the Project final payment date.
However, in case of audit or litigation extending past that six (6) years period, then the
CONTRACTOR must retain all records until the audit or litigation is completed. The
CONTRACTOR shall be responsible to assure that the CONTRACTOR and any
subcontractors of CONTRACTOR comply with the provisions of this section and
provide, WSDOT, the State Auditor, and any of their representatives, access to such
records within the scope of this AGREEMENT.
Section 9
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in
the Scope of Project. Such changes that are mutually agreed upon shall be incorporated
as written amendments to this AGREEMENT. No variation or alteration of the terms of
this AGREEMENT shall be valid unless made in writing and signed by authorized
representatives of the PARTIES hereto.
B. If an increase in funding by the funding source augments the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree
to enter into an amendment to this AGREEMENT, providing for an appropriate change in
the Scope of Project and/or the Project Cost in order to reflect any such increase in
funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree
to enter into an amendment to this AGREEMENT providing for an appropriate change in
the Scope of Project and/or the Project Cost in order to reflect any such reduction of
funding.
Section 10
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state
law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture
State Funds in an amount equivalent to the extent of noncompliance. Such right of
recapture shall exist for a period not to exceed three (3) years following termination or
expiration of this AGREEMENT. The CONTRACTOR agrees to repay such State Funds
under this recapture provision within thirty(30) days of demand.
Section 11
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the
performance of this AGREEMENT the CONTRACTOR may submit a written detailed
description of the dispute to the Public Transportation Division's Statewide
Transportation Demand Management Programs Manager or the Statewide
Transportation Demand Management Programs Manager's designee who will issue a
written decision within ten calendar (10) days of receipt of the written description of the
dispute. This decision shall be final and conclusive unless within ten (10) days from the
date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR
GCA6894 Page 4 of 14
25
mails or otherwise furnishes a written appeal to the Director of the Public Transportation
Division or the Director's designee. hi connection with any such appeal the
CONTRACTOR shall be afforded an opportunity to offer material in support of its
position. The CONTRACTOR's appeal shall be decided in writing within thirty(30) days
of receipt of the appeal by the Director of the Public Transportation Division or the
Director's designee. The decision shall be binding upon the CONTRACTOR and the
CONTRACTOR shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the
CONTRACTOR shall continue performance under this AGREEMENT while matters in
dispute are being resolved.
Section 12
Termination
WSDOT, at its sole discretion, may suspend or terminate this AGREEMENT in whole,
or in part, for the reasons following:
A. The CONTRACTOR materially breaches, or fails to perform any of the requirements
of this AGREEMENT and after fourteen (14) days written notice, has failed to cure the
condition(s) causing that breach. Conditions of breach may include, but are not limited
to:
1. Any action taken by the CONTRACTOR without WSDOT approval, which under
the provisions of this AGREEMENT, required WSDOT approval;
2. Failure to perform in the manner called for under this AGREEMENT; or
3. Failure to comply with any provision of this AGREEMENT;
B. The CONTRACTOR is prevented from proceeding with this AGREEMENT by
reason of a temporary, preliminary, special, or permanent restraining order or injunction
of a court of competent jurisdiction where the issuance of such order or injunction is
primarily caused by the acts or omissions of persons or agencies other than the
CONTRACTOR;
C. The requisite State funding is reduced or becomes unavailable through failure of
appropriation or otherwise;
D. WSDOT determines that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of funds;
E. WSDOT, at its sole discretion, determines to accept a request made in writing by the
CONTRACTOR to terminate this AGREEMENT in whole or in part; or
F. WSDOT determines that suspension or termination is in the best interests of the State.
If this AGREEMENT is terminated under subsections B, C, D, E, and/or F of this
Section, the CONTRACTOR may be reimbursed only for actual, eligible direct and
related indirect expenses incurred prior to the date of termination, and then only to the
extent of awarded funds. If this AGREEMENT is terminated under subsection A of this
Section, the WSDOT shall not be obligated to provide any additional reimbursement, and
WSDOT shall retain all rights to seek recapture or damages from the CONTRACTOR.
Section 13
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any such
right or remedy.
GCA6894 Page 5 of 14
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Section 14
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute
or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and
shall in no way impair or prejudice any right or remedy available to WSDOT with respect
to any breach or default. hi no event shall acceptance of any WSDOT payment of grant
funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR
of any WSDOT breach, or default which shall in no way impair or prejudice any right or
remedy available to CONTRACTOR with respect to any breach or default.
Section 15
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of
the work as it is defined in this AGREEMENT and any amendments thereto. Although
the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice
shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT
and WSDOT shall not be held liable for any advice offered to the CONTRACTOR.
Section 16
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents,
employees, and officers and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter
referred to collectively as "claims'), of whatsoever kind or nature brought against
WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the
CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT.
This indemnity provision applies to all claims against WSDOT, its agents, employees and
officers arising out of, in connection with or incident to the negligent acts or omissions of
the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing
herein shall require the CONTRACTOR to indemnify and hold harmless or defend the
WSDOT, its agents, employees or officers to the extent that claims are caused by the
negligent acts or omissions of the WSDOT, its agents, employees or officers. The
indemnification and hold harmless provision shall survive termination of this
AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and
the employees of the CONTRACTOR or its subcontractors and the employees thereof,
shall not in any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by
CONTRACTOR's employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the CONTRACTOR specifically waives any immunity
under the State Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or
other legal expenses to enforce the provisions of this section of this AGREEMENT
against the other PARTY, all such fees, costs and expenses shall be recoverable by the
prevailing PARTY.
GCA6894 Page 6 of 14
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Section 17
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity
and performance thereof shall be governed by the laws of the State of Washington. In the
event that either PARTY deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this AGREEMENT,the PARTIES hereto agree that
any such action shall be initiated in the Superior Court of the State of Washington
situated in Thurston County. The CONTRACTOR hereby accepts service of process by
registered mail consistent with RCW 4.28.080(1) or(2) as applicable
Section 18
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable State and Federal laws and
regulations, including, but not limited to, those concerning employment, equal
opportunity employment, nondiscrimination assurances, Project record keeping necessary
to evidence AGREEMENT compliance, and retention of all such records. The
CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60
RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act
(ADA), Public Law 101-336, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment public accommodations, state
and local government services and telecommunication.
Section 19
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such
adjudication shall not affect the validity or obligation of performance of any other
covenant or provision, or part thereof, that in itself is valid if such remainder conforms to
the terms and requirements of applicable law and the intent of this AGREEMENT. No
controversy concerning any covenant or provision shall delay the performance of any
other covenant or provision except as herein allowed.
Section 20
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be
deemed to be an original having identical legal effect. The CONTRACTOR does hereby
ratify and adopt all statements, representations, warranties, covenants, and agreements
and their supporting materials contained and/or mentioned in such executed counterpart,
and does hereby accept State Funds and agrees to all of the terms and conditions thereof.
Section 21
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division,
State of Washington, Department of Transportation, or the Director's designee, not as an
individual incurring personal obligation and liability, but solely by, for, and on behalf of
the State of Washington, Department of Transportation, in his/her capacity as Director of
the Public Transportation Division.
GCA6894 Page 7 of 14
2s
Section 22
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT
and bind their respective agency(ies) and/or entitity(ies)to the obligations set forth
herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the
day and year last signed below.
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
By: By:
Brian Lagerberg
Director, Public Transportation Print Name:
Title:
Who certifies proper authority
to execute this AGREEMENT
on behalf of the
CONTRACTOR
Date: Date:
Approved as to form only:
By: Susan Cruise
Assistant Attorney General
Date: July 15, 2011
GCA6894 Page 8 of 14
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EXHIBIT I
Project Scope of Work
Commute Trip Reduction (CTR)
1. Scope of Work
A. Administrative Work Plan
The CONTRACTOR agrees to submit to W SDOT an administrative work plan by the
end of the first quarter of this agreement or when the CONTRACTOR submits its
first invoice, whichever is sooner.
1. The work plan shall identify the deliverables, schedule, expected
outcomes, performance measures and the budget specific to strategies
associated with this AGREEMENT and other strategies as defined in
approved and locally adopted CTR or GTEC plans. These may include,
but are not limited to, recruiting new employer worksites, reviewing
employer programs, administering surveys, reviewing program exemption
requests, providing employer training, providing incentives, performing
promotion and marketing, and providing emergency ride home and other
commuter services.
2. The administrative work plan budget shall identify how the
CONTRACTOR will use the state funds provided in this AGREEMENT
for each task. The work plan shall also provide an estimate of the other
financial resources not provided in this AGREEMENT will be used to
complete each task.
3. The administrative work plan must be approved in writing by the W SDOT
Project Manager and signed by the CONTRACTOR, and shall be
incorporated as a written amendment to the AGREEMENT. The work
plan may be amended based on mutual written agreement between the
W SDOT Project Manager and the CONTRACTOR.
B. Work to be Performed
The county or city, whichever applies, has enacted or will enact a Commute Trip
Reduction (CTR) ordinance in compliance with RCW 70.94.521-.555. The
CONTRACTOR agrees to implement a CTR program based on the approved
administrative work plan and the draft or adopted local CTR plan and to comply with
all provisions of the applicable county or city ordinance.
C. Quarterly Progress Reports and Invoices
The CONTRACTOR agrees to submit to W SDOT complete quarterly progress
reports, as specified by W SDOT in Section 7—Progress Reports of the
AGREEMENT, in Exhibit II, "Project Progress Report", and as integrated with the
deliverables indentified in the administrative work plan, along with all invoices in
accordance with Section 5 —Reimbursement and Payment of the AGREEMENT. All
invoices shall be complete and accurately reflect actual State funded expenditures.
GCA6894 Page 9 of 14
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Only those activities identified in the CONTRACTOR'S approved administrative
work plan will be reimbursed by WSDOT.
D. Final Progress Report
The CONTRACTOR agrees to submit to WSDOT a final progress report as shown in
Exhibit III, "Final Project Progress Report", to replace the last quarterly progress
report in the period of the AGREEMENT. The final progress report shall provide an
estimate of the other financial resources not provided in this AGREEMENT that were
used to complete each task and shall provide a list of the funds provided in this
AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting
partner(s).
E. Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties,
cities, transit agencies, Transportation Management Associations, and Metropolitan
Planning Organizations or other eligible organizations authorized to enter into
agreements for the purposes of implementing CTR/GTEC plans and ordinances as
authorized by RCW 70.94.527(5) and RCW 70.94.544 .
F. Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the Project Scope of
Work and Incentives Guidance, as well as the approved Work Plan, in all agreements
with eligible contracting partner(s), as necessary, to coordinate the development,
implementation, and administration of the CTR/GTEC plans, and compliance with
applicable ordinances.
G. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process consistent with this
AGREEMENT and applicable ordinances, and procedures contained in the Commute
Trip Reduction Guidelines which may be obtained from WSDOT or found at
http://www.wsdot.wa.gov/tdm/.
H. Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its
CTR/GTEC plan and programs with the applicable regional transportation planning
organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any
substantial changes to its plans and programs that could impact the success of the
regional CTR plan. The CONTRACTOR agrees to provide information about the
progress of its CTR/GTEC plan and programs to the RTPO upon request.
I. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners
for commute trip reduction employer surveys.
J. Planning Data
The CONTRACTOR agrees to provide WSDOT with the program goals established
for newly affected worksites when they are established by the local jurisdiction. The
CONTRACTOR agrees to provide WSDOT with updated program goals for affected
GCA6894 Page 10 of 14
31
worksites and jurisdictions as requested. These updates shall be submitted
electronically in a format specified by WSDOT.
K. Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's
contracting partners with updated lists of affected or participating worksites,
employee transportation coordinators, and jurisdiction contacts, as requested. These
updates will be submitted in aformat specified by WSDOT.
GCA6894 Page 11 of 14
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EXHIBIT II
Project Progress Report
Commute Trip Reduction (CTR) Quarterly Project Report
Reporting quarter: Date:
Organization: Agreement number: GCA
Biennial Estimate of drive-alone trips to reduce to meet goal:
targets
Key
deliverables:
(from workplan)
Completed activities this quarter
Planned activities for next quarter
Describe issues, risks or challenges and resolutions
Estimated expenditures of state funds for this quarter
GCA6894 Page 12 of 14
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EXHIBIT III
Final Project Progress Report
Commute Trip Reduction (CTR) Final Project Report
Biennium: 2011-2013 1 Date:
Organization: I IAgreement number: I GCA
Biennial Estimate of drive-alone trips to reduce to meet goal:
targets
Deliverables:
(from work plan)
Describe your progress on each of your deliverables this biennium.
Did you meet your targets for this biennium?Why or why not?
What were your major successes this biennium? How did they help you make
progress toward the goals in yourjurisdiction's CTR Ian s ?
What were your major challenges this biennium? How did they hinder your
progress toward the goals in your jurisdiction's CTR plan(s)?
How do you measure the performance of your strategies?
What did you learn this biennium?
What would help you be more successful in the future? Please be specific (If it's
more resources, how much and what would they be for, etc.).
For each of the strategies in your administrative work plan, describe your
expected outcomes, whether you met those outcomes, and why or why not.
Strategy Expected Performance Outcomes Why or why not?
outcomes measures met?
If your organization used other financial resources besides state CTR funds to
implement the activities in your administrative work plan for this agreement,
please provide the information below.
Source of local funds Total spent this How the funds were
agreement used
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Total local funds:
If your organization disbursed any state CTR funds to other organizations to
implement the activities in your administrative work plan for this agreement,
please list the total amount disbursed for the biennium below.
Organization Total disbursed this Purpose of disbursal
agreement
Total disbursement:
GCA6894 Page 14 of 14
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 15, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 15, 2011
From: Steve Mullen, Transportation Engineering Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Information Only/Transportation System Operation Update
Item - 6
No Motion Required/Information Only
Summary:
Steve Mullen, Transportation Engineering Manager will provide an update on the
traffic operations and maintenance focusing on traffic signal systems, explaining
what is required to keep them functioning, how a traffic signal operates, and how
traffic signals can be coordinated to provide smooth traffic flow and minimize traffic
congestion. Information will include some special projects completed in 2010-2011,
and a discussion of what the future might be for managing traffic.
Budget Impact:
None