Loading...
HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 07/15/2013 (3) 1 Public Works Committee Agenda Councilmembers: Dana Ralph+Dennis Higgins+Elizabeth Albertson, Chair • KEN T July 15, 2013 4:00 P.m. Item Description Action Speaker Time Pace 1. Approval of Minutes Dated July 1, 2013 YES None 03 03 2. Contract/Wetland Monitoring-Johnson Creek, YES Matt Knox 05 07 S 228th St. Project & Meridian Valley Creek 3. State Grant/Commute Trip Reduction YES Cathy Mooney 05 13 Law Implementation 4. Emergency and Public Safety Purchase YES Ron Green 15 29 Authorization 5. Information Only/Storm Vegetation Update NO Bill Thomas 15 41 6. Information Only/Solid Waste (Litter) Update NO Bill Thomas/ 10 43 &Adopt a Street Program Gina Hungerford 7. Information Only/640 Zone Implementation NO Dave Brock 10 45 8. Information Only/August 5, 2013 Public NO 47 Works Committee Meeting - Cancelled 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. z This page intentionally left blank. 3 PUBLIC WORKS COMMITTEE MINUTES July 1, ..2013 .... Committee Members Present: Committee Chair Elizabeth Albertson was running a few minutes late, Committee member Dennis Higgins sat in as Chair until Albertson arrived. Dana Ralph was present. The meeting was called to order at 4:04 PM. Item 1 — Approval of Meeting Minutes Dated June 17, 2013: Committee member Ralph MOVED to approve the minutes of June 17, 2013. The motion was SECONDED by Committee member Higgins and PASSED 2-0, with Committee member Albertson's concurrence. Item 2 — Washington Traffic Safety Commission School Zone Beacon/Lighting - Grants: Debra Leroy, Research and Development Analyst for the Police Department applied for and were awarded two grants from the Washington Traffic Safety Commission for flashing beacons. Emerald Park Elementary and Pinetree Elementary Schools will have the flashing beacons installed fall of 2013. Leroy noted that the flashing beacons will help to slow down motorists. Speed predicts both frequency and severity of pedestrian injuries.Having the flashing beacons also encourages more students to walk and bike to school. Committee member Higgins MOVED to recommend Council accept the Washington Traffic Safety Commission grant awards in the amounts of $15,000 and $7,500 and establish the budget. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 3 — Goods & Services Agreement/Graybar — Street Light Restoration Proiect• Senior Signal Tech, Mike Sorensen stated that the Transportation Engineering section solicited written bids for street light poles and arms to be used to restore those that have been knocked down in the City. Of the four bids received Graybar was the lowest responsible bidder. Staff anticipates delivery of the poles in October with installation completed by the first quarter of 2014. Sorensen shared the following statistics; all of which are maintained by three Transportation personnel: 119 Traffic Signals 58 Back-up Systems 48 Miles of Cable 56 Lights have been knocked down and replaced so far this year 40 Remaining lights to put up, 30 of which will also need bases 4 PUBLIC WORKS COMMITTEE MINUTES July 1, ..2013 .... Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a Goods and Services Agreement with Graybar, in an amount not to exceed $41,760.02 for street light poles and arms, 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 4 — State Route 516 to S. 2315t Way Levee Project — North Reach Interlocal Agreement with the King County Flood Cotnrol District: Beth Tan, Sr. Environmental Engineer noted that this reach of levee is adjacent to the Lakes Community. Condominium Associations of Marina Pointe and River Place requires this levee segment improvements to meet the federal standards for accreditation. This interlocal agreement describes the responsibilities and procedures between the King County Flood Control District (KCFCD) and the City for the construction effort on the North Reach Levee Project. The agreement was approved by the KCFCD Executive Committee at their June 25, 2013 meeting. Committee member Higgins MOVED to recommend Council authorize the Mayor to sign the Interlocal Agreement with the King County Flood Control District to receive reimbursement for improvements to the State Route 516 to S. 2315t Way Levee — North Reach Project, 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 — Consultant Services Agreement with ESA — National Flood Insurance Program Biological Opinion Compliance : Beth Tan, Sr. Environmental Engineer, noted that in 2008, the National Marine Fisheries Service (NMFS) released a Biological Opinion on the effects of the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP) throughout Puget Sound. It was noted by NMFS that the NFIP was considered a 'take' of endangered species because it allows for development in areas affecting the Green River fish habitat. The city of Kent is a member of NFIP and therefore must comply with the Biological Opinion. Tan went on to state that a compliance checklist and reference material was submitted by ESA, an environmental science firm, to FEMA in August of 2011. FEMA requires further clarification. The proposed scope of work is to respond to FEMA's comments and is in addition to the original contract with ESA. 5 PUBLIC WORKS COMMITTEE MINUTES July 1, ..2013 .... Committee member Ralph MOVED to recommend Council authorize the Mayor to sign an amendment to the ESA Contract for the National Flood Insurance Program Biological Opinion Compliance in the amount not to exceed $7,399 upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 3-0. Item 6 — Proposed SE 256th Street (Kent-Kangley Road to 116th Ave SE) — Resolution: Public Works Director, Tim LaPorte gave a brief summary of the proposed SE 256th Street (Kent-Kangley Road to 116th Ave SE) Resolution. Regarding expending B&O tax money to fund this project. Committee members spoke briefly about whether to add time limits to the Proposed Resolution. After some discussion it was decided not to put any time limits on the resolution. Everyone was in agreement that the Proposed Resolution was a good one. Committee member Higgins MOVED to recommend Council adopt a Resolution relating to funding the construction of improvements to SE 256th Street, authorizing expenditure of funds from the city's business and occupation (B&O) tax account to complete those improvements, and confirming that all current and future transportation impact fee revenues shall be transferred to the city's B&O tax account until the total amount expended from the B&O tax account to complete the construction of the SE 256th Street construction project is completely restored. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Added Items: Kent resident, Bill Doolittle discussed a variety of items: • The large sewer covers on Meeker & James Street in front of the Mini Storage have a 1" exposed lip. • On South Central there are several manhole covers that rock side to side when driven over. • He would like to see the speed limit reduced on Central Avenue to preserve the road; like Auburn has done. • He noticed that the Evacuation Route signs have been covered throughout the city. He would like to see the posts reused and put up new signs that read either "Hang Up & Drive" or "Drive Nice". The meeting was adjourned at 4:54 p.m. Cheryl Viseth Council Committee Recorder 6 This page intentionally left blank. 7 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: July 5, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 15, 2012 From: Matt Knox, Environmental Ecologist, PW Engineering Through: Chad Bieren, P.E., City Engineer Mike Mactutis, P.E., CFM, Environmental Engineering Manager Kelly Peterson, AICP, Environmental Conservation Supervisor Subject: Wetland Mitigation Monitoring Motion: Move to recommend the Council authorize the Mayor to sign a Consultant Services Contract with Environmental Science Associates to complete required wetland mitigation monitoring in the amount of $32,765 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: When critical areas such as streams or wetland are impacted, restored or enhanced permits require monitoring of the mitigation area for up to 10 years. Several city projects are in the monitoring phase after receiving permits to impact wetlands. The 228th Street Extension (Veterans Drive), Johnson Creek Restoration and the Meridian Valley Creek Enhancement Project were completed in 2006, 2012 and 2012, respectively. The condition of these sites needs to be reviewed and evaluated. Environmental Science Associates will complete the required monitoring for each location and prepare the necessary reports, including maps and figures for staff to review. The reports will be submitted to applicable agencies to meet permitting requirements. Budget Impact: None. The cost associated with this work was included in project budgets. 5309 Shilshole Avenue NW vvlJi nil^: in 01111 �� - - - Suite 200 Seattle,WA 98107 206.789.9658 ID wn?a 206.789.9684'1,m City of Kent 2013 Wetland Mitigation Monitoring Scope of Work Environmental Science Associates(ESA)has prepared this scope of work to conduct monitoring of three wetland mitigation projects in the City of Kent,Washington. This scope is divided into three tasks for each monitoring project. Monitoring work will occur in 2013 and be billed on a time and materials basis. A detailed Scope of Work is provided below,which outlines ESA's responsibilities under this Scope of Work Mitigation project descriptions are from mitigation plans and monitoring plans provided by the City. The cost estimate is also attached to this Scope of Work. TASK 1—SOUTH 228P STREET EXTENSION Wetland mitigation for the South 228"Street Extension project was conducted at four separate sites,totaling 17.1 acres. The four sites are referred to as Birk,Donofrio,Russell Road,and Kentview PUD sites. Years 1,2,3,and 5 monitoring has been conducted at each site by others;Year 7 monitoring is required in 2013 and Year 10 monitoring in 2016. This scope of work includes Year 7 monitoring only. Two ESA wetland biologists will conduct monitoring at each of the four mitigation sites listed above. Site work will include vegetation monitoring plots,soil observations,and notes on general wildlife habitat features as described in the Year 5 monitoring report.We will also make observation on wetland hydrologic indicators,although the primary source for site hydrology will be the monitoring well data that the City is collecting weekly.Photographs will be taken at each site and included in the report to provide further documentation of site conditions. Deliverables:ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within three weeks of completing site work Assumptions: • The City will provide a copy of an as-built plan of the sites showing mitigation boundaries,monitoring well locations,and other project features. • The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel. • The City will provide electronic(GPS or CADD)files showing mitigation site conditions: specific planting zones,monitoring wells,vegetation monitoring plots. • The City will provide documentation of maintenance actions (weeding,replanting,etc.)taken on each site since the Year 5 monitoring was completed. 9 • Site monitoring will be conducted late in the 2013 growing season(Aug-Sept). • Site monitoring can be completed by two staff in two days. • The site has been regularly maintained and weeded so that native plantings can be seen readily. Cost Task 1: $12,028 TASK 2—UPPER JOHNSON CREEK RESTORATION The Upper Johnson Creek Restoration site was constructed in 2011. Based upon conversations with city staff,we understand that monitoring in 2013 will be considered Year 1 mitigation monitoring. As described in the Restoration and Wetland Nfitigation Plan(revised February 2010)and shown on Phase 11 Plan Sheet set(dated 8/4/11)the mitigation area includes 0.14 ac of wetland creation and 0.59 ac of wetland enhancement.Monitoring parameters include hydrology and vegetation cover. Deliverables. ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within three weeks of completing site work Assumptions: • The City will provide a copy of an as-built plan of the sites showing mitigation boundaries,monitoring well locations,and other project features. • The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel. • The City will provide electronic(GPS or CADD)files showing mitigation site conditions: specific planting zones,monitoring wells,vegetation monitoring plots. • Site monitoring will be conducted once late in the 2013 growing season(Aug-Sept). • Site monitoring can be completed by two staff in two days. • Stream channel monitoring is not included in this task • The site has been regularly maintained and weeded so that native plantings can be seen readily. Cost Task 2: $9,943 TASK 3—MERIDIAN VALLEY CREEK ENHANCEMENT PROJECT The Meridian Valley Creek Enhancement Project was constructed in 2012. We understand that monitoring in 2013 will be Year 1 mitigation monitoring.Permit conditions include vegetation and stream channel monitoring and monitoring reports due by November 1 for five years after project completion. Deliverables. ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within three weeks of completing site work Assumptions: 2 10 • The City will arrange for permission to access the private property(Meridian Valley Country Club)that the project is located on. • The City will provide a copy of an as-built plan of the sites showing mitigation boundaries, stream channel sections,monitoring well locations,and other project features. • The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel. • The City will provide electronic(GPS or CADD)files showing mitigation site conditions: specific planting zones,monitoring wells,vegetation monitoring plots. • Site monitoring will be conducted only once late in the 2013 growing season(Aug-Sept). • Vegetation monitoring can be completed by two staff in one day. • Stream channel monitoring can be completed by two staff in one day. • The site has been regularly maintained and weeded so that native plantings can be seen readily. Cost Task 3: $10,794 SCHEDULE: • ESA will prepare monitoring equipment and fmalize methods with City staff within two weeks of receiving a signed contract. • The field work for Tasks 1—3 will be conducted in August and September. • ESA will deliver monitoring reports to the City for Task 3 by October 18,2013 and for Tasks 1 and 2 before November 15,2013 so that the City can submit to review agencies by the deadlines specified in the mitigation plans. Total Cost of Contract: $32,765 3 11 Y F � a m R O OO VIe ONN N N V I m .R. O F Q Q m '. m W U ' G O O J O O O m a O O O w r w u m o0 00l V � H d $ > 2 Ng 0 0 0 0 O c t0 C 1- S N COi h Q.,N Y N CJ p N O O O o 0O OO N J N W N N < U V d d Z y H x IN: 6 a o m C m a w u n' Y N c� o�I ; F d o W W J W W ~ F h 12 This page intentionally left blank. 13 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: July 10, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 15, 2013 From: Cathy Mooney, Senior Transportation Planner Through: Chad Bieren P.E., City Engineer Subject: State Grant for Commute Trip Reduction Law Implementation Motion: Move to recommend Council authorize the Mayor to sign the Transportation Demand Management Implementation Agreement, WSDOT #GCB1565, for the term July 1, 2013 through June 30, 2015, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: This Agreement is between the Washington State Department of Transportation 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. The City is then reimbursed by the State for costs incurred based on a formula devised by the State Department of Transportation, Public Transportation Office. The purpose of this $106,007 Agreement is to allocate two years of funding for the implementation of RCW 70.94.521 for the 2013-2015 project period. This grant pays for our efforts to enforce the state law. The grant funds are used to offset staff costs to support the 30 organizations required by law to participate in the State CTR Law and another six companies who voluntarily participate in the program, altogether representing more than 15,000 employees. Budget Impact: None. There is no required match to this state grant. 14 Transportation Demand Management Implementation A reement Washington State Department of Contractor Transportation City of Kent 310 Maple Park Avenue SE 220 4t' Ave South PO Box 47387 Kent, WA 98032 Olympia, WA 98504-7387 Federal ID #: 91-6001254 Contact Person: Dacia Stricklett360-705-7845 Contact Person: Cathy Mooney253-856-5564 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: GCB1565 Term of Project: Service Area: City of Kent July 1, 2013 through June 30, 2015 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 commute trip reduction programs, including transportation demand management programs for growth and transportation efficiency centers ("GTEC") 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 WHEREAS, the State of Washington in its Sessions Laws of 2013, chapter 306, Section 220(6), (7) and (8), 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 2013-2015 biennial appropriations to WSDOT; and GCB1565 Page 1 of 16 15 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 1, "Project Scope of Work," and Exhibit 2, "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 1, "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 1, "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 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 information 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 3 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. GCB1565 Page 2 of 16 16 B. The CONTRACTOR shall submit an invoice by July 15, 2014, for any unreimbursed eligible expenditures incurred between July 1, 2013, and June 30, 2014. 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, 2015. Any invoice received after July 15, 2015 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 2, "Project Progress Report" and/or as provided and modified by WSDOT staff. The CONTRACTOR shall provide a final progress report, as prescribed in Exhibit 4, "Final Project Progress Report" and/or as provided by WSDOT staff, with any changes to the form applied according to the agreement modification process in Section 9. 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, 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 GCB1565 Page 3 of 16 17 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 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: GCB1565 Page 4 of 16 18 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; or E. WSDOT, in 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. 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. In 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 GCB1565 Page 5 of 16 19 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. 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. 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 of 1990 (ADA), Public Law 101-336, including any amendments thereto 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 GCB1565 Page 6 of 16 20 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. 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: By: Assistant Attorney General Date: GCB1565 Page 7 of 16 21 EXHIBIT 1 Project Scope of Work Commute Trip Reduction (CTR) 1. Scope of Work A. Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT 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. The administrative work plan will include the following elements: 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 the approved and locally adopted CTR or GTEC plans. These plans 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 that will be used to complete each task. 3. The administrative work plan must be approved in writing by the WSDOT Project Manager and signed by the CONTRACTOR, and shall be incorporated as a written amendment to the AGREEMENT. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a written amendment to this AGREEMENT. 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 through RCW 70.94.555. 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. Use of State Funds for Incentives The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance to be provided by WSDOT. D. Quarterly Progress Reports and Invoices The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified by WSDOT in Section 7—Progress Reports of the AGREEMENT, in Exhibit 2, "Project Progress Report", and as integrated with the deliverables identified 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 GCB1565 Page 8 of 16 22 accurately reflect actual State funded expenditures. Only those activities identified in the CONTRACTOR'S approved administrative work plan will be reimbursed by WSDOT. E. Final Progress Report The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of which is attached hereto as Exhibit 4, "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). F. 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 and/or GTEC, plans as applicable, and ordinances as authorized by RCW 70.94.527(5) and RCW 70.94.544. G. Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of such CTR and/or GTEC plans, and compliance with applicable ordinances. H. Appeals and Modifications The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures section contained in the CTR Guidelines which may be obtained from WSDOT or found at http://www.wsdot.wa.aov/Transit/CTR/law.htm. I. Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or 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 and/or GTEC plan and programs to the RTPO upon request. J. Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip reduction employer surveys. K. 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 worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. GCB1565 Page 9 of 16 23 L. 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 a format specified by W SDOT. GCB1565 Page 10 of 16 24 EXHIBIT 2 Project Progress Report Commute Trip Reduction (CTR) Quarterly Project Report Reporting quarter: Date: Organization: IAgreement number: Biennial Estimate of drive-alone trips to reduce to meet goal: targets Key deliverables: (from administrative work plan) Completed activities this quarter Planned activities for next quarter Describe issues, risks or challenges and resolutions Estimated expenditures of state funds for this quarter GCB1565 Page 11 of 16 Exhibit 3 MINORITY BUST SES MARK BOX(ES) IF APPROPRIATE o V partm`@ xofTranspO.tal Invoice Voucher W 0 E VENDOR OR CLAIMANT(WARRANT TO BE PAYABLE TO) VENDORS PERT IF DATE.I hereby certify under penalty of penury that the items and total listed herein are proper charges for mate pals,merchandise or services furnished to agency the State of Washington,and that all goods furnished and/or services rendered have been provided without discrimination on the grounds of race,creed,color,national origin, address sex or age city, state ZIP BY(SIGNATURES IN INK) contact name Phone# email FEDERAL ID.NUMBER OR SOCIAL SECURYTY NUMBER TITLE DATE (FOR REPORTINGPERSONAL SVCS.CONTRACT PAYMENT TO IRS) DD-DDDDDDD INSTRUCTIONS TO VENDOR OR CLAIMANT: Show complete detail for each item below. DATE CURRENT EXPENDITURES DESCRIPTION EXPENDITURES TO DATE TDM Implementation AGREEMEN INVOICE T DESCRIPTION BILLING PERIOD XXXX Transportation Demand Management Implementation (TDM) ACCOUNTING CLASSIFICATION ACCOUNT CONTROL SECTION FEDERAL JOB NUMBER WORKOP OJB SUB ORG.NUMBER EQUIPMENT NUMBER NON-PARTICIPATING NET AMOUNT OBJ ORDER NUMBER 1P0000-00 0723 NZ13 631020 TOTAL SIGNATURE OF APPROVING AUTHORITY DATE RECEIVING VERIFICATION DATE RECEIVED (SIGNATURE) CHECKED AND APPROVED FOR PROCESSING BY DATE WARRANT NUMBER VOUCHER NUMBER GCB1565 Page 12 of 16 26 EXHIBIT 4 Final Project Progress Report Commute Trip Reduction (CTR) Final Project Report Biennium: 2013-2015 1 Date: Organization: I I Agreement number: I GCB Biennial Estimate of drive-alone trips to reduce to meet goal: targets Deliverables: (from administrative workplan) 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 yourjurisdiction's CTR Ian 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? GCB1565 Page 13 of 14 v 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 Estimated funds spent How the funds were this agreement used 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: GCB1565 Page 14 of 14 28 This page intentionally left blank. 29 PUBLIC WORKS DEPARTMENT Tim LaPorte P.E., Public Works Director Phone: 253-856-5515 NS I�IKNT Address: 22ourth Avenue S.KenOtFWA 9 032-5895 WASHING-ON Date: July 15, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 15, 2013 From: Ron Green, Fleet Superintendent Through: Brad Lake, Public Works Operations Manager Subject: Emergency & Public Safety Purchase Authorization MOTION: Move to authorize the purchase or repair of fleet vehicles and equipment used for public safety and emergency purposes and to authorize the repair of emergency vehicles and equipment to return them to service as soon as possible without further council or mayoral approval so long as the expenditure is less than $60,000, is consistent with all other procurement requirements and is within established budgets subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: It has been the city's practice to expedite purchase of services, materials, and supplies to repair equipment and put it back in service as quickly as possible. Examples of the equipment that would be covered by this motion include police cars, mowers, construction equipment, Vactor trucks and aerial "bucket" trucks. When equipment is damaged or needs special maintenance, it becomes unavailable, sometimes delaying scheduled tasks or leaving staff unable to accomplish tasks as efficiently. As a result, we maintain or repair this equipment as quickly as possible to get the equipment back in service. The council also approves an annual budget for fleet replacement. However, the specific fleet purchases, especially for vehicles, depends upon unexpected breakdowns, accidents, etc. that occur each year to our fleet. As a result, in the budget line-items, we cannot list the exact number and types of vehicles that will be purchased each year. The city's code requires council authorization for some of these purchases or repairs, but because important public safety equipment is involved, staff is asking for this permission. i 30 If the estimated cost to repair a piece of equipment exceeds $60,000, staff will not make the expenditure without first complying with all requirements of the city's procurement code. The cost to purchase and outfit a police cruiser can be close to $60,000; hence, staff asks for approval up to that amount. City staff will provide the Public Works Committee a written report each month that describes expenditures made under the authority of this motion. BUDGET IMPACT: None — All purchases are within the established budget. z s+4- Master Contra l ge Agreement 7/8/2013 2:22:20 PM v Washington State Dapartmc a of Enterprise Services Master Contracts Usage Agreement What is the MCUA? Contact Information The Master Contracts Usage Agreement(MCUA)is a one-time agreement necessary to meet statutory requirements MCUA allowing qualifying organizations to use Washington State master contracts.Cooperative purchasing through state PO Box 41409 contracts provides organizations that have agreed to terms and conditions the opportunity to save millions of dollars Olympia,WA 98504-1409 annually by pooling resources to leverage the market through volume discounts.Authorized organizations are provided (360)407-2214 access to more than 700 contracts for goods and services to meet all the business needs of their organization at no cost. MCUA@des.wa.gov Legislation • WAD 236-49-060 • WAD 200-310-010 • ROW 39.26.050 • RCW 43.19 How much does it cost? w.There is no cost for the Master Contracts Usage Agreement. Who can sign a MCUA? • State Agencies • State Boards • State Commissions • Higher Education Institutions • Offices of Separate Elected Officials • Local Government Agencies • Federal Agencies • Washington State Tribal Entities Public Benefit Non-profit(PBNP) • Organization with 501 e)3 tax status that have filed PBNP status with the Secretary of State.For filing information,gets httpl/vrwx.sus.wa.gov/corps/. More information about purchasing agreements with Public Benefit Non-profit:RCW 39.34.055. More information about Public Benefit Non-profit designation:RCW 24.03.490. How do I join? First.,check the signed agreement list If you are not on this list Download and print the Master Contracts Usage Agreement(MCUA) Fill out and sign MCUA Scan and email signed copy of MCUA to:MCUA@des.wa.gov or Mail signed copy to: DES MCUA.attn:Kris Gorgas PO Box 41409 Olympia,W'A 98504-1409 A fully executed copy will be scanned and returned to you via email. If you have questions,please call the Master Agreement Service Desk(360)407-2214 or email MCUA@des.wa.gov. I Page 1 of 1 7/t3/13l" Fleet Management Best Practices 32 gM 11h� Washington State Dcparhnen,i of Enterprise Services Meet Management Best Practices Prorees(onal vehicle floor management Includes many dlwrse tasks and rasponsibilllie5. It requires a disclosed staff to manage vehicle acquisition, maintenance,repairs and disposal,while following all pertinent laws, regulations and policies. The DES Fleet Operations has identified the following best practices as the foundation of a professional fleet management program. Focus on long-range outlook trio fleet management plan should address all long+tinge strategic and uusiness aspects of owning,operating and cIsposing oftehicles. It also needs to address the financial aspects if establishing which use rates and replacement rending. Set up accurate database Having timely and accurate data Is ntal to professional fleet management.A management Information system designed specifically for your fleet can track, analyze and provide the reports necessary to ensure accurate and timely decision- making,so you can optimize owrtail fleet pedorrrance.Tne database can help you: • Maintain inwnany • Manage proper maintenance • Identify and analyze high-cost whiGos • Dewlap reports for regulatory compliance • Monitor whlcle use • Establish vehtde-replanement cycles Use proven financial practices It is Important to understand the costs of owning and operating a feet,so managers can make informed financial decisions. Financial statements should 6e developed that capture ell costs,including labs,supplies,fuel,depreciation and owmead (agency indirect costs)attributable to the fleet acti oky.This information should be readily accessible to managers and stakeholders.A charge-back system should be used to allocate:base costs to the programs that benefit from the use of fleet whiele5,so that program managers can understand the full cost of their program arcim ies. Establish appropriate vehicle-replacement cycles The proper replecamant of vehicles minimizes casts and assures safety.Vehicle-re.plaoement cycles are developed through tlfecycle analysis that predicts the optimum replacement time.This analysis considers depreciation,maintenance,fuel consumption,vehicle-preparation costs,owi4ead and resale value. Newerwhicles are more technically advanced, now Improved safety systems, prcdL=fower ernlssfons and are.more fuel efficient, Buy vehicles from statewide master contracts The state Auditors Office performance audit of January 2007 shown that the state vehicle contract beat the market by at least 25 percent far all compact, mid-and Ul-size sedans.A state contract exists for all commonly used cars,tans and trucks,Including the Increasingly popular hybrid whictos.These contracts are available at Vehicle Purchasing. Finance vehicle purchases An integral part of managing the Lhicle-replacement cycle is having Ending available when you rued It,You can reduce the fife-cycle costs of replaeemant by adhering to appropriate schedules. Instead of relying wholly on cash appropriations to buy new vehicles,agonclas should consdoi the us of Cant(nates of Pa it!clpatien(COP)financing through the State Treasurer, asvenally during lean economic periods,'.his Icw-Intarest financing alternative can be an efFectiw part of test management, eliminating the necessity of keeping%_Moles past their useful life. Understand regulations and industry standards Sup laets are required to comply with a mullions of federal,state and local laws and policies.These Include: Buying vehicles that use alternative fuels • Emissions compliance • Fuel consumption . Utilizatice • Dnwr monitoring • Licensing w ..desava.gov/services(Trawl/Flo VPages/MPBestPracGces.aspx 1/2 33 ` ASSIGNMENT OF INTERGOVERNMENTAL AGREEMENT cw Amendment Number 2 l.d' �J�' to - - State of Washington Department of Enterprise Services Intergovernmental Agreement Number 2010-WPC-174 for Master Contracts, Consulting and Oversight State Purchasing Cooperative This Amendment Number 2 to Department of Enterprise Services Intergovernmental Agreement Number 2010-WPC-174 is made and entered by and between the State of Washington Department of Enterprise Services, hereinafter referred tows "DES", and City of Kent, hereinafter referred to as "COOPERATIVE MEMBFR". The. purpose of this Amendment is to extend the Intergovernmental Agreement between DES and COOPERATIVE MEMBER. The Intergovernmental Agreement is hereby modified: 3) Term of this Agreement and Cooperative membership is extended six (6) months through June 30, 2013. 17) PAYMENT and NOTICES: COOPERATIVE MEMBER six month fee is $2,500.00. ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT, IN WITNESS WHEREOF, the parties have read this Amendment Number 2 to Intergovernmental Agreement 2010-WPC-174 in its entirety, agree to it and hereby assert that they have the authority to bind their respective parties to it. Approved Approved Department of Enterprise Services City of Kent -biGNA�fU SIGNATURE Chris Cantrell PRINT OR TYPE NAME DATE PRINT OR TYPE NAME DATE Coop Program Coordinator 1 TITLE TITLE Page 1 of 1 ', 34 Green, Ron From: DES MCUA <MCUA@des.wa.govn Sent: 4'1 Wednesday,June 12, 2013 4:27 PM To: ,v DES MCUA; DES COOP Cc: Cole, Jessica (DES); Cox, Howard S. (DES);Ackerman, Matt A. (DES); Erskine,Jim A. (DES) Subject: All Washington Co-op membership agreements end this month, please sign new agreement by July 1, 2013 Good afternoon, All membership to the Washington State Purchasing Cooperative will end as of June 30, 2013. To continue to purchase from Washington State goods and services contracts including technical master contracts must sign a new agreement starting July 1, 2013. The Co-op program will be retired on July 1, 2013 and the membership agreement will be replaced by the Master Contracts Usage Agreement (MCUA). This new agreement does not have a membership fee and is non self terminating. More information about this agreement and a link to download your own copy can be seen below. The Department of Enterprise Services (DES) is pleased to announce the new fee structure for master contracts, eliminating all charges to contract users effective July 1, 2013. 6 The only step necessary for customers to use state contracts is to print, sign and return a use agreement that can be found here . This is a one-time agreement; it will not need to be updated annually or biennially. Customers that are currently state purchasing cooperative customers can continue to use state contracts by signing an agreement. The agreement must be signed by all cooperative customers, including: • tribal governments; • political subdivisions (complete definition available online); and • qualifying non-profits. Customers should send a scanned copy of the signed eement to: mcua@cles.wa_gov or mail the original signed agreement to: DES MCUA, attn: Kris Gorgas P.O. Box 41409 Olympia, WA 98504-1409 t I I 35 t' kgreementNumtier. v s DES Use Only MASTER CONTRACT USAGE AGREEMENT This Master Contract Usage Agreement(the "Agreement") is made pursuant to Chapter 39.34 of the Revised Code of Washington, and other applicable laws, by and between the state of Washington (the "State"), acting by and through the Department of Enterprise Services ("DES"), an agency of the State, and EnhNnme a state agency, or local or federal agency or entity, or public benefit nonprofit corporation, or any tribe located in the State ("Buyer"). 1. Purpose: The purpose of the Agreement is to establish the terms and conditions for when Buyer purchases or acquires goods and services for its direct use under contracts entered into by DES that permit such use ("Master Contracts"). 2. Duration: This Agreement will become effective on date of execution, and will continue in full force and effect until thirty(30) days following receipt of written notice from either party cancelling this Agreement. 3. Agreement Contact Information: Contact person to whom contract documents and related communications are to be mailed or faxed. Organization Name: Tax Identification Number: C ,t " - cav Unified Business Identifier Requiredfor Non-Profit: Contact Name: Title: Address: City: State: zip: u _ rgY f, „2 - Ptic Phone Number: Email Address: 4. Cancellation of Agreement This agreement can be terminated by either party upon 30 days written jiatice-provided to DES at: � ✓'Email to: mcua@des.wa.gov`, OR Mail to: WA Dept of Enterprise Services l --— ` MCUA, Attn: Kris Gorgas P.O. Box 41409 Olympia, WA 98504-1409 5. Financial Responsibility: Buyer will deal directly with the Master Contract contractor, supplier, or service supplier("Contractor') for any purchases Buyer makes pursuant to this Agreement and under a Master Contract. DES does not accept any responsibility, financial or otherwise, for any purchase Buyer makes under a Master Contract. {��,�' � Aereementl�'umbar: �� DES Uw Only \z 6. Compliance with Other Laws: Each of the parties will comply with all applicable federal; state, and local laws and regulations governing its own purchases. 7. Master Contract Audits: Buyer agrees to cooperate with DES, the Office of the State Auditor, federal officials, or any third party authorized by law, rule, regulation or contract, in any audit conducted by such party related to any Master Contract(s) that Buyer has made purchases from pursuant to this Agreement, including providing records related to any purchase from a Master Contract. In addition, Buyer agrees to provide, upon request from DES, documentation to confirm its eligibility to use Master Contracts, 8. Dispute Resolution: If there are any disputes between Buyer and a Contractor,Buyer agrees to (a)provide DES written notice of the nature of the dispute; and(b) unless otherwise provided in the Master Contract or as set forth below, work in good faith with the Contractor to resolve the dispute without the involvement of DES. DES may, upon request,review and assist in the resolution of a dispute, and if DES chooses to do so, the Buyer will cooperate with DES in that resolution process. In its sole discretion, DES may, but is not obligated to, upon written notice to Buyer, resolve disputes with a Contractor on behalf of Buyer and all other state, local, and federal agencies, local governments, and public benefit nonprofit corporations with similar or related disputes with such Contractor. 9. No Separate Entity: No separate legal or administrative entity is intended to be created by, or for the administration of, this Agreement. 10. Hold Harmless: Each party agrees to defend, indemnify, and hold the other party harmless from any claim arising from such party's sole negligent, reckless, or willful misconduct. 11. Entire Agreement: This Agreement sets forth the entire agreement between the parties, and supersedes any other prior written agreements between the parties, with respect to the subject matter hereof. IN WITNESS WHEREOF the parties having read this Agreement, agree to it in each and every particular, and have executed it below. APPROVED APPROVED WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES Entity Name Entity Name Signature Signature Roselyn Marcus, Assistant Director ��,-at 4�2d Tb =� s i-vUar a € mote e-- Name/Title Name/Title Date Date I 2 37 Washington State Department of !4VQ EnterpriseServices Master Contracts Fee Change The consolidation of dozens of activities from five agencies into the Department of Enterprise Services (DES) provided an opportunity to streamline the rate structure for our services. In the summer of 2012, the Department conducted a review to confirm the kind of rate structure it should use to cover the costs of the services we provide. The review began with setting principles that guided DES in establishing rates, researching how other service organizations structure their rates, and developing alternatives. The rate principles set by DES are: • The rate is clear, easy to understand and easy to explain • Customers feel confident about the accuracy of the charges • Customers feel the rate structure will ensure they are paying a fair and equitable share of the total cost • Charges are predictable, consistent and timely • Rates should not create disincentives or barriers for the robust use of enterprise systems or services or enterprise policy when they would be in the state's best interest The current master contracting fee structure is very complicated, with some vendor fees that are set dollar amounts, and others are based on varying percentages of sales. Some fees are by agency allocation and some are agency transaction fees. Yet other fees charge local governments based on the amount of their annual budgets. To simplify this, DES is adopting a single vendor management fee model for all contracting activity. There are no variable percentages and tiers; it is fair and equitable for all contract users. State contract vendors will pay the state .74% of the total spent on contracts. Vendor management fees are a common practice in the public and private sector(19 other states currently have vendor management fees). The new fee model will take effect July 1, 2013. By moving from the current complicated and confusing model to a single management fee for contract use, DES is meeting the rate principles and agency mission to deliver innovative business solutions to meet the needs of those we serve. By removing barriers to contract use like the current complicated rates, more state agencies and local governments will utilize master contracts, increasing the potential sales pool for contract holders. DES is making the process of reporting sales consistent with the process most contract holders are currently familiar with, while making improvements to the system. Training will be provided to those not familiar with the online sales reporting system. For more information contact: Servando Patlan (360) 407-9390 Servando.patlan@des.wa.gov Business Summary— March 2013 7/8113 { Vehicle FAQ .s .10" % 38 OleWashington State Department of o, Enterprise Services Vehicle FAQ How does the state buy vehicles? As the agency responsible for purchasing vehicles for state agencies.Enterprise Services awards and administers model year light vehicle contracts each year. (Medium and heavy-duty trucks and specialized equipment are purchased on separately bid individual purchase orders for customers)Awards are based on size classifications of vehicles and only one manufacturer's vehicle from one dealer is awarded each classification.Besides state dealer licensing requirements and equipment specification compliance, award criteria include consideration of,base bid price,option pricing,prompt payment discounts,local sales tax differentials,fuel economy and residual value. What types of vehicles are available on state contract? Over 40 different classifications of new model year automobiles,police vehicles,utility vehicles,small pickups,full size pickups,cab&chassis trucks up to 19,0004 GVWR,cargo and passenger vans are available on contract.Special categories are also included for alternative fuel, hybrid,and high MPG vehicles whenever available. Am I eligible to purchase vehicles on state contract? State of Washington state agencies,colleges,universities,and Institutions are automatically eligible to purchase vehicles on state contract.Political Subdivisions of the state of Washington who are members of the state purchasing Co-op are also eligible to purchase provided the dealer and their manufacturer have agreed to extend state contract pricing to such organizations.To loin the Coop,you may register at Customer Registration/State Purchasing Cooperative. Through a cooperatives agreement between the states,state of Oregon political subdivisions who are members of their purchasing co-op may also purchase if the dealer and their manufacturer agree,though added delivery costs may be incurred.Qualified Co-op member non-profit corporations within the state of Washington are sometimes eligible to purchase.To determine your eligibility for a particular purchase review the"Special Conditions"on vehicle contract's Current Contract Information document found through our Vehicle Contract Listing or the chart on the Online Vehicle Ordering menu.All purchases are for official business use only. Trade-ins and leases are not included on the contract. Why are the state vehicle contracts seasonal? The contracts are bid and awarded each summer for the succeeding model year's vehicles. Manufacturers provide their dealers with fleet production allocations and price protection for only a limited period of time,usually ending in the spring of the following year.Our contracts are bid to be available for purchase from October through March(With production build outs some vehicles may not be available for ordering for the entire period),Beyond March orders may be submitted on a"will try' basis until factory model year cutoffs are announced. How do I order vehicles from the state vehicle contract? Each of the vehicle contracts may be found at our Vehicle Contract Listing. All orders are transmitted to the contract dealers through DES via state purchase orders. Dealers will not process orders received directly from customers.The source document for customers to submit their order to this office is a state purchase requisition. Once you have determined your i eligibility(see above)you may order vehicles manually or electronically.The manual process entails filling in a contract price sheetforder form with your equipment and color selections for a particular vehicle and mailing or taxing It with an accompanying purchase requisition form to this often.(A requisition form and ordering instructions may be found at the back of each contract)The electronic process consists of Online Vehicle Ordering requisition templates for each vehicle where you merely point and click on your color and equipment selections and submit your order via an e-mail automatically sent to our Web server. Due to limited production capacity and seasonal backlogs it is always best to order as soon as possible to assure product availability and a reasonable delivery timeframe. How long will it take to receive my ordered vehicle? Your requisition will normally be processed by this office and a confirming purchase order transmitted back to you via e-mail within one business day.In turn,the dealer will receive their copy of the state purchase order min us and submit the order to the manufacturer for production.After production the vehicle will be released to a common carrier,shipped to the state, prepped and driven to your"ship to address".Total time from requisition submittal to receipt of your vehicle is usually within 90 calendar days for automobiles, 120 days for all other vehicles.Special equipment and/or paint may extend delivery time. What if I want to know the status of my order? Call the dealer contact indicated on the state purchase order and be prepared to provide the state purchase order number under which your vehicle was ordered.Depending on market demand,production capacity,and equipment selected it may vwow.des.ma.govlservicesfTravel/VehiclePurchasing/Pages/VehicleFAQ.aspx 1/3 718113 Vehicle FAQ lake anywhere from a few days to several weeks for the dealer to receive notice back from the manufacturer of the scheduled 39 production week for your vehicle.until the vehicle is scheduled it may not be possible to provide you with a projected delivery dale.Once the vehicle has been produced and shipped,the dealer will be able to provide you with a reasonably firm delivery date.When the vehicle is ready for delivery,the contact person you indicated on your requisition will be called.If you have a concern over a delay in delivery that the dealer is unable to resolve,please call or e-mail our office for assistance. When do I pay for my vehicle? You do not pay until you have received the vehicle and contract required paperwork,The dealer will invoice you directly for the vehicle price plus state and their local area sales tax.Payment is due to the dealership within 30 days of receipt of the whicle and correct paperwork. It is important that dealers be paid In a timely manner as after 30 days the dealer is entitled by the contract and state statute to assess a 1%late payment fee for which you will be responsible.If you can pay in less than 30 days you may also be entitled to a prompt payment discount from some of the contracted dealers. If a prompt payment discount exists,It will be noted on the state purchase order and dealer's inwice. Are other vehicles available besides those on contract? In an effort to better serve our customers DES is now posting all piggybacking opportunities on the State Contract Listing. Piggybacking opportunities are available on those single purchase requisitions that were bid and awarded with an option for additional purchases by members of the State of Washington Purchasing Co-op.All subsequent purchases are subject to mutual agreement between the vendor and the state and are to be documented by a new purchase order issued by the State Procurement Officer(SPO).For a list of the available add-ons for all commodities go to the State Contracts Listing and display all contracts sorted by contract number.Once the listing appears In numerical order,scroll to the bottom.You may also go to the listing and search contracts by the keyword"wf'to view contracts and add-ons that are vehicle related only. All documents that begin with AD are available for piggybacking. The contract is over, what do I do for a vehicle? The first thing to do is to check our In Stock Vehicles site to see if there are any in-stock contract vehicles left over that might meet your needs. If not,and/or your vehicle type is beyond the scope of the contract,check our Purchase Orders awilable for Piggybacking to see if we haw a purchase order with an add-on option that might meet your needs.If a used vehicle might meet your needs,you can check with our Surplus Property office.Finally,if you can not wait for the next contract,for an additional fee we can separately bid and award a purchase order for a retail stock vehicle. I'm a dealer, how do I sell vehicles on the state contract? To be eligible to sell vehicles to the state you need to obtain a state of Washington dealers license from the state Department of Licensing.To register with this office for placement on our bidders mailing list or to New our current bidding opportunities,visit our Doing business with the state Informatlon. Why does your office charge a contract management fee? The Office of Master Contracts and Consulting no longer receives appropriated general funds from the State Legislature and is self-supporting. Fees charged are assessed at levels that will reimburse the office for expenses incurred in providing current procurement services and ongoing process improvements such as the VAT website,on line ordering,and VROOM.The current whicle contract management fee is one half of one percent(.005)of a contract dealers quarterly sales. (it is billed ' directly to the dealer,we no longer haw the dealer invoice the customer for the fee.)This fee Is the lowest fee charged on the mainland West Coast:Oregon now charges 1%,while California charges 2.56%, What is VROOM? The Department of Enterprise SerNces developed the Vehicle Rapid Omer Online Messaging(VROOM)enhancement for online ordering of vehicles on state contracts.The customer and the dealer receive their state purchase orders via e-mail rather than fax.With the e-mail message a link is provided to an assigned website address for downloading and printing of each purchase order. Not faxing the orders reduces our paperwork,saws time,and improves the readability of your print copy.Maintaining an accessible list of orders for customers and dealers helps assure that no orders or changes are overlooked or duplicated. • How long will my purchase orders remain online? VROOM will maintain and show a cumulatiw list of vehicle purchase orders dated within the last 150 days. • How do I access my purchase orders? After an purchase order is processed and completed,an email notification is sent to both the customer and dealer with a hyperlink to access their purchase orders. • How often will I be notified of completed purchase orders? , For customers, a notification is sent within 15 minutes of completion of the purchase order,Monday-Friday,8 a.m.-5 p.m. For Dealers, notification Is sent tvace daily at 10 a.m,and 3 p.m. • Do I have to wait for email notification to view purchase orders? '.. wow.des.ae.gov/services/-FravelAfehic[ePurchasing/PagesNehicleFAQ.aspx 2/3 '.. 718/13 Vehicle FAQ No, purchase orders are available on the Internet within 15 minutes of completion of the purchase order. Customers and 40 dealers can access their purchase orders at anytime. Dealers are prodded with a login and password to access their VROOM purchasa orders. Customers can access their orders directly without a login and password by merely bookmarking their initial PO hyperlink, ® What if my Purchase Order does not print correctly? The online purchase orders were designed to print portrait style on 8.5 X 11 or 8.5 X 14 paper. If your purchase order is not printing with the correct width, the margins can be adjusted within your browser. How do I ptfrchase in-stock vehicles? Contract Dealers have new vehicles listed In stock,available for immediate delivery,at state contract pricing.Vehicles have contract required equipment plus some options. Dealer installed options may be added prior to delivery.Vehicles are available to State Agencies,Colleges, Universities and Political Subdivision Purchasing Co-op members on a first come,first served,basis and is based on when the A-15 Purchase Requisition is received by our office. If you would like to procure any In stock vehicle,please complete an A15 Purchase Requisition and return the in stock price sheet. Our fax no.is(360)586-2426 or you may email it to breann.aggers@des.wa.gov.If the in-stack vehicles are available for online ordering, please make sure you choose Stock Vehicle Up-Charge,if available.Please complete and return the information as there may be other customers interested in the in stock vehicles.If interested, please call Breann Aggers at (360)407-9416 or email.To Hew in stock vehicles,please ysit https://fortress.wa.gov/gaiapps/VehicteOrdering/]nStock V ehicl es.aspx. w .des.wa.gov/servicesfTrawINehiclePurchasing/PagesNehicleFAQ.aspx 3/3 I 41 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: July 3, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 15, 2013 From: Bill Thomas, Street Superintendent Through: Chad Bieren P.E, City Engineer Subject: Information Only/Street Vegetation Work Plan - Update Information Only/No Motion Required Summary: Staff will present information regarding the annual Street Vegetation Work Plan and an update of progress made so far this year. Staff will also share some of the challenges encountered this past year. Budget Impact: N/A 42 This page intentionally left blank. 43 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: July 3, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 15, 2013 From: Bill Thomas, Street Superintendent Gina Hungerford, Conservation Coordinator Through: Chad Bieren P.E, City Engineer Subject: Information Only/Solid Waste (Litter) Update &Adopt a Street Program Update Information Only/No Motion Required Summary: Staff will present information on the Solid Waste (Litter) program and the Adopt a Street Program. Budget Impact: N/A 44 This page intentionally left blank. 45 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: July 3, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: July 15, 2013 From: Dave Brock P.E., Utilities Engineer Through: Chad Bieren P.E, City Engineer Subject: Information Only/640 Water Pressure Zone Implementation Information Only/No Motion Required Summary: Staff will discuss the overall plan for completing the project. The 640 water pressure zone is a Washington State Department of Health requirement necessary to provide adequate water pressure to all Kent water customers on the East Hill. Budget Impact: N/A 46 This page intentionally left blank. 47 Public Works Committee Agenda Councilmembers: Dana Ralph•Dennis Higgins•Elizabeth Albertson, Chair KENT CANCELLATION NOTICE Public Works Committee August 5, 2013 This notice is to inform you that the City Council Public Works Committee meeting scheduled for Monday, August 5, 2013, at 4:00 p.m., has been cancelled. Councilmembers: Elizabeth Albertson, Chair Dennis Higgins Dana Ralph Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1" and 3rd Mondays of each month. In Chambers east, Kent City Hall 220 41h Avenue South, Kent, 98032-5895. For agenda information please call Cheryl Viseth at 253-856-5504. Any person requiring a Disability Accommodation should contact the City Clerk's Office at (253) 856-5725 in advance, for more information. For TDD Relay Service Call the Washington Telecommunications Relay Service at 1-800-833-6388.