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.
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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
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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.
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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
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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: 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.
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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.
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• 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
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• 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
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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: 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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.