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City Council Committees - Public Works/Planning - 07/21/2014
I Public Works Committee Agenda 40 A. Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair �� KENT WASHINGTON JUIY 21, 2014 4:00 P.M. Item Description Action Speaker Time Paae 1. Approval of Meeting Minutes for July 7, 2014 YES None 03 03 2. Information Only/Kent Traffic Advisories NO Rob Knutsen/ 10 07 Chad Bieren 3. Information Only/Sound Transit Long Range Plan NO Chelsea Levy 10 09 4. Consultant Services Agreement with GEI for YES Toby Hallock 05 11 Construction Phase Engineering for Upper Russell Road Levee 5. Consultant Services Agreement with YES Stephen Lincoln 05 27 GeoEngineers, Inc. for the Riverview Park Riverbank Slope 6. WRIA 8 Interlocal Agreement - Addendum YES Kelly Peterson 05 33 7. Cigarette Litter Reduction Grant YES Gina Hungerford 05 45 8. Consultant Services Agreement - GeoEngineers YES Paul Kuehne 05 51 for SR 516 to S 231st Way Levee Improvements Project 9. Contract with Aegis, Inc. - Traffic Signal Control YES Steve Mullen 05 67 System Replacement Project 10. 641h Ave S Channel Improvements Phase II Puget YES Garrett Inouye 05 95 Sound Energy - Facility Agreements 11. Information Only/Meeker Street Underpass NO Hope Gibson 05 123 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. Public Works Committee Minutes 3 July 7, .2014 COMMITTEE MEMBERS PRESENT: Committee Chair, Dennis Higgins and Committee members Dana Ralph and Brenda Fincher were present. The meeting was called to order at 4:05 p.m. Item 1 — Approval of Meeting Minutes Dated June 16, 2014: Committee member Ralph MOVED to approve the minutes of June 16, 2014. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 2 — Consultant Services Agreement with Shannon &Associates for the GRNRA — Pump Station Mitigation Plan Agreement: Environmental Ecologist, Matt Knox, noted that the Green River Natural Resource Area (GRNRA) Pump Station project would impact wetland, wetland buffers and the Green River. Knox requested authorization to hire Shannon &Wilson Inc., to prepare a wetland mitigation plan and to assess impact to threatened and endangered species in the GRNRA. Knox gave a brief history of the site and its purpose noting the GRNRA is designed to provide flood storage and that a 30 cubic feet per second pump station was proposed as part of the original project but funding constraints left the pump station out of the 1996 construction. The GRNRA is currently operating approximately 2 feet higher than the design target, resulting in an approximately 25% loss of active detention storage. The installation of a pump station and outfall pipe to the Green River would restore the original flood storage capacity. Committee member Fincher move to recommend Council authorize the Mayor to sign a consultant services agreement with Shannon &Wilson Incorporated in an amount not to exceed $23,616 to prepare a wetland mitigation plan and biological assessment for the Green River Natural Resources Area Pump Station project. This agreement is subject to terms and final conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 3 — S. 2281h &S. 2121h Street Railroad Grade Separation — Contract Authorization: Design Engineering Manager, Mark Howlett gave a brief funding overview, noting that the city of Kent has been successful over the years in obtaining grant funding for our grade separation projects. Howlett stated we've completed the S. 228th Street BNSF grade separation and have been assembling a funding package for the S. 228th UP and the S. 212th BN and UP grade separations. During its March meeting, the Washington State Freight Mobility Strategic Investment Board (FMSIB), requested assurances from the City that grant money will be spent in the near term or the city would be in jeopardy of losing it. This would result in the loss of over $23 million in FMSIB and other associated grant funds. While Engineering staff has continued researching options for funding these grade separation projects, we are still short of a complete funding package. Steve Dilulio, Attorney for Foster and Pepper noted he has been advising the city on Local Improvement Districts (LIDS) for over 30 years. He said that without the LID funding many of the city's projects would not have happened. The city has committed grant funds of over $22 million that could be taken away in November 2014 if other funding isn't acquired. Appraisal expert, Darin Shedd, from Allen Bracket Shedd conducted a preliminary evaluation of the potential increase in value ('special benefit') to properties located in the vicinity of the proposed grade separations. 1 Public Works Committee Minutes 4 July 7, .2014 The evaluation indicated that a substantial special benefit would be realized by properties in the warehouse/industrial area, and that Council could form an LID to keep the grade separation projects moving toward completion. However, a more detailed analysis must be conducted to determine the actual amount of LID special benefit associated with each of the properties within the LID boundary. Staff will come back to the committee in the next two months. Committee member Ralph moved to recommend Council authorize the Public Works Department to execute a contract up to a maximum of $100,000 with Foster Pepper PLLC for conducting a preliminary local improvement district special benefit study for the S. 228th Street and S. 212th Street Railroad Grade Separation Projects, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 4 — Information Only/Water Resource Inventory Area (WRIA) Interlocal Ageement: Environmental Engineering Manager, Mike Mactutis, gave a brief PowerPoint presentation with a short background of the project. In 2006, the City of Kent executed an Interlocal Agreement (ILA) with King County, the City of Tacoma, and the other cities located within the Green/Duwamish and Puget Sound Nearshore watershed to implement the 2005 WRIA 9 Salmon Habitat Plan. Mactutis stated the current agreement will expire at the end of 2015. WRIA 9 staff has provided a draft ILA for review by local agencies and requested comments and questions by Friday, July 18, 2014. Comments and questions will be discussed at the August 14, WRIA 9 Watershed Ecosystem Forum meeting. Public Works staff will consolidate comments from City Councilmembers and forward them to WRIA 9 staff for inclusion in the discussion. Staff will come back to the committee in September to go over the decisions that were made in August. Information Only/No Motion Required Item 5 — Information Only/Proposed Transportation Benefit District: Senior Transportation Planner, Monica Whitman gave a brief PowerPoint presentation providing information on what a Transportation Benefit District (TBD) is and how it would be implemented. What is a TBD? A TBD is formed for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements. Who may create a TBD? A TBD is a quasi-municipal corporation and independent taxing district created by ordinance of legislative authority, in this case all members of the Kent City Council. The boundaries of the TBD are identical to the City limits. What Jurisdictions in King County have formed TBD's? Auburn, Burien, Covington, Des Moines, Enumclaw, Kenmore, Kirkland, Lake Forest Park, Maple Valley, North Bend, Seattle, Shoreline and Snoqualmie. How much revenue would be generated? A $20 Vehicle License Fee would raise an estimated $1.6 million a year. 2 Public Works Committee Minutes 5 July 7, .2014 What are the Benefits? * There would be a clear nexus between a user group (drivers &vehicles) and use of the roadway network. * It would require annual reporting. There is no action being requested at this time. The purpose of this briefing is to provide the committee general information pertaining to the function and formation of a TBD and to determine if there is interest in having staff develop an action item for consideration, recommending that the Council set a date for a Public Hearing on a draft ordinance establishing a TBD. Whitman will provide committee members with available funding options. Information Only/No Motion Required Item 6 — Information Only/Howard Hanson Dam Fish Passage: Public Works Director, Tim LaPorte and Environmental Engineering Manager, Mike Mactutis noted that the Mayor of Tacoma and the Tacoma Water Superintendent will be in Washington, DC from July 21-23, 2014 to meet with officials from the US Army Corps of Engineers (USACE) and members of Washington State's congressional delegation. Mactutis stated that the impetus for the meetings is to discuss the USACE's commitment to constructing the Downstream Fish Passage Facility (FCP) at Howard Hanson Dam (HHD), a component of the Additional Water Storage Project (AWSP). A signed letter by benefactors of the AWSP has been sent to members of the Congressional delegation. Information Only/No Motion Required Item 7 — Information Only/Water Rate Analysis: Accounting Manager, Paul Scott stated that a financial analysis of the Water Fund indicates that the current revenue generated by the utility is not sufficient to meet future capital needs. Scott believes there are opportunities to update and modify the city's rate structure to meet our needs. Scott believes most of the work could be done in-house. It was decided that committee members would meet one on one with Scott in the next few weeks to go over the rates in detail. This item will be brought back to committee in September Information Only/No Motion Required The meeting was adjourned at 6:07 p.m. Cheryl Viseth Council Committee Recorder 3 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: 400 West Gowe Street Kent, WA 98032-5895 Date: July 17, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 21, 2014 From: Chad Bieren, P.E., City Engineer Subject: Information Only/Kent Traffic Advisories Item - 2 Motion: Information Only/No Motion Required Summary: Improvements to the city's infrastructure can cause impacts to traffic and the transportation network. Lane closures only occur when necessary and when the project is very disruptive. In these instances, staff makes an effort to notify the public via several methods including, the Kent web page, AM 1650 radio, temporary construction signage and social media. Kent staff is reviewing plans to ensure measures in are in place to limit impacts to traffic for public and private projects. Construction and traffic impact information is available on the web at DriveKent.com. Significant projects this summer that will close roads in Kent include: 1) SE 240th Street between 144th Ave SE and 148th Ave SE to repair a slope failure and install guard rail (4-6 weeks beginning in August); and 2) The 200th Street Bridge over the Green River to allow Tukwila to make repairs on the west side of the bridge (4-6 weeks beginning in August). Budget Impact: None Exhibits: None 8 This page intentionally left blank. 9 ITEM - 3 INFORMATION ONLY Sound Transit Long Range Plan Update July 21, 2014 Chelsea Levy Sound Transit 10 This page intentionally left blank. 11 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 16, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 21, 2014 From: Toby Hallock, P.E., Environmental Engineer Through: Chad Bieren, P.E., City Engineer Subject: Russell Road Upper Levee — James Street/Russell Road Realignment - Consultant Services Agreement with GEI Consultants, Inc. Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with GEI Consultants, Inc. in an amount not to exceed $41,716 for engineering services on the Russell Road Upper Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The City hired GEI Consultants to evaluate the SR 516 to S. 231't Way Levee, now known as the Russell Road Upper Levee. GEI determined that in order to meet FEMA Accreditation requirements, a setback levee must be built at the James Street/Russell Road Intersection. As the consultant who will prepare the reports for FEMA accreditation, GEI has specified how to build an accredited levee and will need to be onsite to make sure it is built properly. The soil under the new levee and the new levee material must be inspected to make sure it meets requirements. This contract will also make GEI available for additional construction support if questions arise or changes occur at some point during construction. Budget Impact: The City will be reimbursed the full amount of the contract by the King County Flood Control District through the Interlocal Agreement signed by the Mayor on April 10, 2014. Exhibits: GEI Consultants, Inc., Consultant Services Agreement 12 This page intentionally left blank. 13 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GEI Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of California, located and doing business at 180 Grand Avenue, Suite 1410, Oakland, CA 94612, Phone: (510) 350-2908/Fax: (510) 350-2901, Contact: Alberto Pujol (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering support services for the SR 516 to S. 231st Way Levee Improvements South Reach Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty One Thousand, Seven Hundred Sixteen Dollars ($41,716.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 14 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 15 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's willfully wrongful acts or negligent performance. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 16 authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 17 other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Alberto Pujol Timothy J. LaPorte, P.E. GEI Consultants, Inc. City of Kent 180 Grand Ave., Suite 1410 220 Fourth Avenue South Oakland, CA 94612 Kent, WA 98032 (510) 350-2908 (telephone) (253) 856-5500 (telephone) (510) 350-2901 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GEC-kk Upper/Hellock CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 18 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 19 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 20 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 21 0 G E I a="Jum=c July 11, 2014 � �\'amr Resuum=s Mr. Toby Hallock, PE City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 Re: Scope and Budget estimate for Construction Phase Engineering Support Green River SR 516 to S. 23151 Way Levee System South Reach Secondary Levee Dear Mr.llallock: This letter presents our proposed scope and budget estimate for the Construction Phase Engineering Support for the South Reach Secondary Levee along the Green River Right Bank Levee between SR 516 and S. 23151 Way. Proposed improvements include the construction of a setback levee along the landside of the existing levee between approximate river stations 1061+00 and 1068+00, The improvements also include relocation of the intersection of Russell Road and James Street. We understand the City is planning to construct a portion of the work in 2014,but the bulk of the levee and road reconstruction will occur in 2015. Scope of Services We propose to perform the following scope of services: • Assist the City in evaluation of construction bids. • Attend the pre-construction meeting • Participate in select construction meetings by conference call. The meetings will be � limited to meetings where discussion of earthwork activities will be a significant topic of the meeting. • Support City in reviewing contractor submittals with significant engineering content, including contractor work plans and proposed levee fill materials. • Review material certificates and QC and QA test reports for fill, • Support City in reviewing and responding to RF1's that involve significant engineering content • Participate onsite at the startup of earthwork construction activities to: o Evaluate site conditions and construction procedures to confirm they are consistent with design assumptions www.geiconsul tan ts.corn GE Consultants,Inc. 180 Gnmd Ave,Suite 1410,Oaldand,CA 94612 510.350.2900 fax 510.350.2901 22 Mr. Toby Aallock, PE 2 July 11, 2014 o Review key construction features including foundation excavation and foundations prior to placing fill • Support City in reviewing change order requests if desired by the City • Support City with evaluation of contractor claims if needed • Perform design evaluations and prepare design modifications as required to conform design to conditions exposed during construction • Review As-built Drawings based on redlines from City and/or contractor Materials testing, daily inspections, and other construction management duties are not included in this scope. We have assumed that they would be performed by the City's construction management personnel and an inspection/testing firm. Schedule We are prepared to begin the work within 7 days of receiving a Notice to Proceed. We have assumed that bidding will occur in July 2014,the preconstruction meeting will occur in August 2014 and that earthwork activities will occur in August 2014. We assume that construction will be substantially complete by mid October 2015. Cost Estimate The proposed scope and level of effort are dependent on actual project duration, contractor activities, submittals,requests for information, and other items outside our control. For budgeting purposes, a preliminary breakdown of the estimated costs is included in the table below. Staff: Project Nickerson Pujol Labor Engineer Total Expenses Rate: $122 $218 $246 Design Support 40 16 4 $9,352 - Bidding Support 12 6 4 $3,756 Pre-Const. Meeting 8 2 8 $3,380 $ 1,400 Conf. Calls 8 8 4 $3,704 - Submittal Review 8 2 2 $1,904 Review QA/QC 8 8 2 $3,212 Documentation Support RFI Response 8 4 2 $2,340 - Const. Site Visit 16 2 2 $2,880 $ 1,400 Support CO Request - 2 2 $928 - Support Claims Request 2 2 $928 - Design Modifications 16 8 4 $4,680 - ReviewAs-Builts 4 4 2 $1,852 - Subtotals $38,916 $2,800 Suggested Budget $41,716 Conditions 23 Mr. Toby Hallock,PE 3 July 11, 2014 Our services will be provided in accordance with previously negotiated contract terms and conditions for the SR516 to the S 231"Way Levee. We will perform the above scope of work on a time and materials basis. Invoices will be submitted monthly based on the services performed as of the end of each billing period. This will be a new contract with the City of Kent. The time of completion of the contract will be December 31, 2015. Closing Thank you for the opportunity to submit this scope and cost estimate. We look forward to continuing to work with you on this project. Please call me at 510-350-2908 or Jim Nickerson at 781-712-4023 if you have any questions. Sincerely, GEI CONSULTANTS,INC. W Alberto Pujol,P.E. Vice President,Project Manager C: Jim Nickerson KOATA\201 \11055 Green River Lovcos11055-0 SR516 to S231 stNay\ProposaIOSouth Reach Conrt Support Proposal\RY.V2\SR5169ouW Constmctlon Suppo¢201A 07 11A.. 24 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 25 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 26 This page intentionally left blank. 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: 400 West Gowe Street Kent, WA 98032-5895 Date: July 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 21, 2014 From: Stephen P. Lincoln, P.E., Engineer II Through: Chad Bieren, P.E., City Engineer Subject: Riverview Park Riverbank Slope Restoration Consultant Services Agreement with GeoEngineers Item - 5 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers in an amount not to exceed $32,972 to provide design and construction services for bank slope restoration at Riverview Park, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The top of the bank slope along the Southern portion of Riverview Park suffered erosion damage during the heavy rainfall events of March 2014. The City has requested a scope of work and budget from Geoengineers to provide plans and construction services for bank slope restoration and erosion control. This work is needed to protect Riverview Park from further damage. Budget Impact: Funding for this contract will come from the drainage fund. Exhibits: GeoEngineers, Inc. Scope of Work 2s This page intentionally left blank. 29 EXHIBIT A GEOENGINEERS, INC. RIVERVIEW PARK RIVERBANK EROSION DESIGN REVIEW AND TECHINCAL ASSISTANCE GREEN RIVER. KENT, WASHINGTON JULY14, 2014 FILE NO. 0410-191-00 INTRODUCTION The purpose of the project is to assist the City of Kent in design, bid, and construction of approximately 200 foot of erosion repair along the Green River at Riverview Park in Kent, WA. The City will be primarily responsible for engineering and design plan development; however, GeoEngineers will assist in design concepts, design review, and will stamp the plans developed by the City. Specific tasks to be completed by GeoEngineers include: conduct a site reconnaissance, review the preliminary design concepts developed by others, offer design guidance and design modifications if warranted„ review plans, and stamp plans developed in concert with the City. GeoEngineers will also assist in construction observation tasks. The site is generally bound by the Green River to the north and south, the Green River and SR 181 to the west and SR 167 to the east. The erosion zone is just downstream of the SR 167 overpass of the Green River. The purpose of our services is to assist the City in evaluating bank stabilization designs completed by others to determine if the proposed fix will be adequate in addressing the root failure mechanism of the bank. If so, we will work with the City to provide design review, technical guidance, and stamp the civil plan set to be developed by City designers/drafters. If we feel the preliminary designs developed by others are not adequate, we will communicate that to the City and assist in the development of alternate design guidance. The fees for this scope of work assume that the bank remediation design will be of a similar scope and scale to that previously recommended by Tetra Tech for the US Army Corps of Engineers. If, upon further site review, it is determined that more robust engineering is required to meet the project objectives, additional scope will be required for GeoEngineers to complete that engineering analysis. SCOPE OF SERVICES Our specific scope of services for project includes: 1. Attending one onsite meeting with the City of Kent. The purpose of this meeting will be develop a better understanding project requirements and regulatory and physical site constraints. This site meeting will be attended by 2 GeoEngineers staff, including a Senior Hydrologist and Principal Engineer. 2. Site Assessment to evaluate bank failure mechanisms and review the remediation alternative in the context of site specific channel erosion and channel response. 30 3. Review of the preliminary design options recommended by Tetra Tech. 4. Review of current permits for the project. 5. Evaluate the design in the context of the City's objectives, soil stability, and river morphology. 6. Assist the City in development of plans through technical guidance and up to 3 rounds of drawing review. Plans shall be developed by the City, not GeoEngineers. Sign and stamp plans developed by City after GeoEngineers input is addressed and plans are finalized. 7. Offer alternative design considerations that may better meet the City's goals for the project. Design concepts may include the incorporation of toe protection such as large woody debris or rock, however, the additional engineering or analysis that may be required for these more robust structural options is not included in this scope of work. 8. Develop a technical memo outlining the work completed by GeoEngineers, our opinion on the long term effectiveness of the repair, and any additional conclusions regarding site conditions or channel erosion characteristics necessary to communicate to the City. 9. Construction management services during the mitigation repair to assist the City in reviewing construction installation for consistency with the design intent and technical specifications. We assume parttime CM will be required for duration of 10 days. ASSUMPTIONS • The City will provide a current survey of the area include topography, property lines, and existing features (including utilities). The City will call for a utility locate in the area and survey utilities to prepare a base map. Survey/base map will be provided to GeoEngineers in AutoCAD 3D drawing format. • The proposed design is expected to be a "best efforts" temporary remedy that may not provide a high level of bank stabilization, such as being protective of the 100-year flood event. The design is not expected to include in-water construction or below water bank stabilization. • The City will complete design development and all CAD drafting (including volume estimates), and provide copies of all design calculations for our review and comment. A plan set with 4-6 drawings is anticipated. • We will stamp plans depicting bank stabilization earthwork and erosion control consisting of rock, individual wood pieces, bio-engineered banks, and vegetation. Plans will not depict engineered log jams, wood structure anchoring, cofferdams, dewatering, storm drainage/conveyance, pavement, utility relocation/modification, or structural construction. • No geotechnical investigations or analyses are proposed or required. River modeling, slope stability analysis and other modeling will not be performed by GeoEngineers. Drainage design is not required. • The City will complete final production of bid documents (including plan drawings, specifications, front end bid documents, cost estimate and schedule estimate). Specifications and bid documents provided by the City will be reasonably complete such that GeoEngineers is reviewing and making minor comments and revisions. GeoEngineers is not expected to draw, draft, and GEOENGINEERS 1,� 31 produce major portions or sections of drawings. GeoEngineers will contribute up to 12 hours for specifications editing/modifications as part of our review. • The City will provide final pdf drawing electronic files suitable for stamping (full size) and GeoEngineers will return these to the City. The City will scan stamped drawings to make final drawing pdf files, and reproduce drawing copies, as needed. GeoEngineers will not provide Mylar drawings. • The City will arrange bidding and lead contracting document preparation and bid selection. GeoEngineers services for construction management services are limited to the hours identified in Exhibit B. • The City will be the lead entity in construction oversight. GeoEngineers will coordinate all construction management services with the City. We will not lead, direct, or correct work by the contractor directly, we will coordinate all review and provide recommendations through a City specified construction inspector lead. Attachments: Exhibit B Fee Estimate GE®ENGINEERS 1,� ; | : � ! » ® « 3 5 » # \ ^ j / ® 2 | k uj I � \ \ \ Is \ \ 'ak - - - - m « ƒ j 0 Co m z E � � � « § £ r £ g _ $ 2 \ f | ! § § z : $ § \ c \ § \ - e § 2 * / uj § § � . & - � : § § § ! � ! § ! ) - - \ \ : » � }h » \ : \ : » \ \ | ; Jf f > J ; J f / / 33 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: 400 West Gowe Street Kent, WA 98032-5895 Date: July 16, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 21, 2014 From: Kelly Peterson, AICP, Special Projects Manager Through: Chad Bieren, P.E., City Engineer Subject: WRIA 8 Inter-Local Agreement Addendum Item - 6 Motion: Move to authorize the Mayor to sign the Addendum to the Interlocal Agreement for the Watershed Basins within Water Resource Inventory Area 8 subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: In 2006, Kent signed an inter-local agreement (ILA) for the WRIA 8 (Lake Washington/Cedar River Watershed) to share interests and responsibilities for long- term watershed planning and conservation, funding and implementation of various activities for salmon recovery and habitat restoration. The term of the ILA is 2007- 2015. Though previously eligible, the city council of the City of Woodway voted in May 2014 to join the ILA. The terms of the ILA, including the addition of jurisdictions may be done so by the unanimous consent of the parties of the agreement. This addendum allows the City of Woodway to join the Interlocal Agreement For the Watershed Basins within Water Resource Inventory Area 8. Budget Impact: None Exhibits: Addendum to Interlocal Agreement 34 This page intentionally left blank. 35 1 ADDENDUM TO 2 INTERLOCAL AGREEMENT 3 For the Watershed Basins within Water Resource Inventory Area 8 4 5 PREAMBLE 6 THIS ADDENDUM ("Addendum") to that certain Interlocal Agreement for the Watershed Basins 7 within Water Resource Inventory Area 8 ("Agreement") is entered into by the Parties to that 8 Agreement and the City of Woodway ("City"), for the purposes of allowing the City to become a 9 member, with full rights and obligations under the Agreement, of the WRIA 8 Salmon Recovery 10 Council, as described in the Agreement ("Council"). This Addendum sets forth the rights and 11 obligations of the City and memorializes the unanimous consent of all Parties to the Agreement to 12 the City's joining the Council as a voting member, in accordance with the terms of Section 8 of 13 the Agreement. The City is identified in Section 1.1 of the Agreement as an eligible jurisdiction for 14 participation in the Council. The Parties and the City share interests in and responsibility for 15 addressing long-term watershed planning and conservation for the watershed basins in WRIA 8 16 and wish to provide for funding and implementation of various activities and projects therein. 17 18 TERMS FOR THE CITY OF WOODWAY'S PARTICIPATION IN THE COUNCIL 19 20 1. The City of Woodway's legislative authority by Resolution 14-373 has authorized the City's 21 becoming a member of the Council in accordance with the terms of the Agreement and has 22 authorized the City's appointed representative to sign this Addendum on behalf of the City. 23 2. In order to become a voting member of the WRIA 8 Salmon Recovery Council, the City of 24 Woodway and the Parties agree to the following conditions: 25 2.1. The City's annual cost share is projected contribution for 2015 is $866 for the programs 26 and activities of the Council, which is subject to change for 2015 and future years based 27 on changes in one or more parameters of the formula, or by agreement of the parties, 28 including Woodway, changing the total dollar amount of the assessment to be collected. 29 Woodway's cost share is based on a population of 1,310 (0.1% of the watershed), 30 assessed value within the City of$441,766,909 (0.2% of the watershed), and an area in 31 square miles of 1.08 (0.2% of the watershed). 32 2.2. Since the City is joining the Council after the first trimester of 2014, its cost share for 33 2014 shall be $577.33, which the City agrees to pay to the Fiscal Agent (as identified in 34 the Agreement), as its cost share for the activities and programs of the Council. 35 2.3. For the City to become a member of the Council, all existing members must unanimously 36 express their consent to the City's becoming a member. The City becomes a member of 37 the Council on the date when this Addendum is last signed by the Party representing the 1 Addendum to WRIA 8 ILA 2007-2015 May 2014 36 38 final signature of unanimity. The date of such signing shall be the effective date of this 39 Addendum. Representatives of the Parties shall sign this Addendum after the City has 40 signed it in accordance with the provisions of Section 1 above. 41 3. Upon the effective date of this Addendum, the City of Woodway shall be a member of the 42 Council, and shall have all of the rights, privileges, duties and obligations afforded the Parties 43 under the terms of the Agreement. 44 45 IN WITNESS WHEREOF, the City of Woodway and the Parties have executed this Addendum on the 46 dates indicated below: 47 48 49 TOWN OF WOODWAY 50 51 By: 52 53 Title: 54 55 Date: 56 57 58 TOWN OF BEAUX ARTS VILLAGE 59 60 By: 61 62 Title: 63 64 Date: 65 66 67 CITY OF BELLEVUE 68 69 By: 70 71 Title: 72 73 Date: 74 2 Addendum to WRIA 8 ILA 2007-2015 May 2014 37 75 CITY OF BOTHELL 76 77 By: 78 79 Title: 80 81 Date: 82 83 84 CITY OF CLYDE HILL 85 86 By: 87 88 Title: 89 90 Date: 91 92 93 CITY OF EDMONDS 94 95 By: 96 97 Title: 98 99 Date: 100 101 102 TOWN OF HUNTS POINT 103 104 By: 105 106 Title: 107 108 Date: 109 110 3 Addendum to WRIA 8 ILA 2007-2015 May 2014 38 111 CITY OF ISSAQUAH 112 113 By: 114 115 Title: 116 117 Date: 118 119 120 CITY OF KENMORE 121 122 By: 123 124 Title: 125 126 Date: 127 128 129 CITY OF KENT 130 131 By: 132 133 Title: 134 135 Date: 136 137 138 KING COUNTY 139 140 By: 141 142 Title: 143 144 Date: 4 Addendum to WRIA 8 ILA 2007-2015 May 2014 39 145 CITY OF KIRKLAND 146 147 By: 148 149 Title: 150 151 Date: 152 153 154 CITY OF LAKE FOREST PARK 155 156 By: 157 158 Title: 159 160 Date: 161 162 163 CITY OF MAPLE VALLEY 164 165 By: 166 167 Title: 168 169 Date: 170 171 172 CITY OF MEDINA 173 174 By: 175 176 Title: 177 178 Date: 5 Addendum to WRIA 8 ILA 2007-2015 May 2014 40 179 CITY OF MERCER ISLAND 180 181 By: 182 183 Title: 184 185 Date: 186 187 188 CITY OF MILL CREEK 189 190 By: 191 192 Title: 193 194 Date: 195 196 197 CITY OF MOUNTLAKE TERRACE 198 199 By: 200 201 Title: 202 203 Date: 204 205 206 CITY OF MUKILTEO 207 208 By: 209 210 Title: 211 212 Date: 6 Addendum to WRIA 8 ILA 2007-2015 May 2014 41 213 214 CITY OF NEWCASTLE 215 216 By: 217 218 Title: 219 220 Date: 221 222 223 CITY OF REDMOND 224 225 By: 226 227 Title: 228 229 Date: 230 231 232 CITY OF RENTON 233 234 By: 235 236 Title: 237 238 Date: 239 240 241 CITY OF SAMMAMISH 242 243 By: 244 245 Title: 246 247 Date: 248 249 7 Addendum to WRIA 8 ILA 2007-2015 May 2014 42 250 CITY OF SEATTLE 251 252 By: 253 254 Title: 255 256 Date: 257 258 259 CITY OF SHORELINE 260 261 By: 262 263 Title: 264 265 Date: 266 267 268 SNOHOMISH COUNTY 269 270 By: 271 272 Title: 273 274 Date: 275 276 277 CITY OF WOODINVILLE 278 279 By: 280 281 Title: 282 283 Date: 284 285 8 Addendum to WRIA 8 ILA 2007-2015 May 2014 43 286 TOWN OF YARROW POINT 287 288 By: 289 290 Title: 291 292 Date: 9 Addendum to WRIA 8 ILA 2007-2015 May 2014 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: 400 West Gowe Street Kent, WA 98032-5895 Date: July 16, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 21, 2014 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson, AICP, Special Projects Manager Chad Bieren, P.E., City Engineer Subject: Cigarette Litter Reduction Grant — Keep American Beautiful Item - 7 Motion: Move to accept the Cigarette Litter Prevention Program grant from "Keep America Beautiful" in the amount of $2,000 and authorize the expenditure of funds in accordance with the grant agreement. Summary: The city has received a $2,000 grant from the "Keep America Beautiful" organization's Cigarette Litter Prevention Program, of which 50% is to be used to purchase cigarette litter receptacles to help reduce this litter. If accepted, we plan to use the receptacles at highly-littered bus stops on Pacific Highway and Kent- Kangley. The grant includes 200 pocket ashtrays and 200 portable ashtrays which are designed to fit into vehicle cup holders. Many new cars do not have built-in ashtrays, resulting in drivers flicking cigarette butts out of vehicles. In addition to littering, this can result in roadside fires. Many people are not aware that cigarette litter is hazardous to the environment and water in particular, as well as to wildlife. We will continue educating citizens about litter reduction, and the hazards of littering. Budget Impact: None Exhibits: Grant Checklist and flyer 46 This page intentionally left blank. 47 Clhedlk Us IF it Cligairette l,,.iiitt it I irev intiil oin IPirogiraim 2014hint Recipient LL Iltanviiewtlhuan,,,IlMeirnoralridu�,lm�...of_t.Dirideirstairidiii F Make sure you understand all grant requirements. LL Revue w,..tlma._4,a ,. id..tar,.th 1..Cuga,lrettau...11Litteir„Pireve ntiiarin...Pr�r�ira,lmn...onll,iine To help plan and implement a local CLPP,go to www.PreventCigaretteLitter.org. Use downloadable and customizable materials in the Resources Section. LL G.A.tlh,air,.a,.ir.id.ed..uaeat.eV.ar lr„Ilayaall....11;aslk..Poirce In the Resources Section of the CLPP website, use the customizable PowerPoint, CLPP videos,and the litter facts brochure. LL Review th e Forer Proven iterate .as..trCli alret ....I.IItteir Prevention&decid ..Iw ...... ...w..l.l.......em.... ................................................................................................................................. . ........ . ........................................................................................................... . r .i . .. . .II.Ie fl..e.et..t.l u.aem., • Il�evimrvv Il.itter I[.avvs and Ordinances for reference to cigarette butt litter. Support enforcement of the ordinances and ...................................................................................................................................... appropriate fines. • IRaise II»ublia;Awareness that a cigarette butt or cigar tip on the ground is litter too. Use the PSA's and other online program ........................................................................................... resources to reach target audiences with this message through a variety of media. 20-30%of the grant should be spent on messaging and signage. • II»laa;e Ash ike.cegades at"transition points" in the program area to support proper disposal of cigarette butts. Ash ........................................................... receptacles are the largest budget item and key to program sustainability: at least 50%of the grant should be spent on ash receptacles(not pocket ashtrays), and invoice copies may be requested. KAB strongly recommends that questions on the selection,purchase,installation,and maintenance of ash receptacles be resolved as early as possible. • Illistributm II»oraable AWt®and(or Pocket Ashtrays to adult smokers. These ashtrays give adult smokers a way to properly .................................................................................................................................................................................. dispose of cigarette butts. (If preparing ROI, MSRP=$3 each) LL Conduuct..a._Rqua,�,lliil�u,ii,in irk...a:.ii�a,iretlta*...liitter_saa,n The CLPP Task Force conducts a preliminary scan in a smaller, representative section of the larger program area. The preliminary scan is executed before the CLPP is launched to establish quantitative baseline data. For further guidance and methodology on the Cigarette Litter Scan, please see the 'Cigarette Litter Scanning Instructions'in the Resources Section of the CLPP website. Cigarette Litter Scans now include a count of both cigarette butts&cigar tips. Please track the counts separately. The 'Field Scan Document'in the Resources Section of the CLPP website will help you keep track of your counts. LL Oirdelr_as.lm_Ir�aeau,Ipta .Ilas,.a.lna..lalla.!n..tar Install byJune 1, 2(�14 Confirm who will install, secure,and maintain ash receptacles. Select and order as soon as possible:the longer these are in place,the greater the impact. Shop around for the best price. The preliminary cigarette litter scan will indicate how many are needed and where they should be installed. Please review the brochure, 'Selecting and Using Pocket/Portable Ashtrays and Ash Receptacles'in the Resources Section of the CLPP website. Ll aorn,iryll ta..tlman...imniia�.:surlmn,irn�lr_Ir�.lp t This brief report in Re TRAC Connect is due no laterthan June 161h,2014. Your preliminary scan count of cigarette butts&cigar tips will be reported along with ash receptacle installation information and overall progress of the program. LL Coinduual_a,1oll,llow uu,liro"„a;,iigaeraat a Iliit aaer saran Conduct a follow-up scan at least 8 weeks(and preferably longer)after ash receptacle installation. Results must be reported in Re-TRAC Connect no later than September 12,2014. LL Conduuct..a._Rsuusta,iilna,lbHillii.�y a:pga.!raata...Iliiltannr,saanm. Conduct and report a sustainability scan. This additional follow-up scan will take place no earlier than 6 months after the first follow-up scan. Results must be reported in Re-TRAC Connect no later than May 1,2015. ORT ) .y III �OODD11DD1111D111)D�JJ)� � � � „ � Z .�C �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o� �� � � .� � OIIIIIIIIIIIIIIIIIIIOIIIIIIIIIIIIIIIIIIIIIILAJ NI IIIIIIIIIIIIIIIIIIIIIIIIIIII � ,p tl1 Q 13. 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O v w t ' III 116.W N ''' al Y N N al ¢Nw sva5a+i mum m N 2I Oc WYy J rn a ¢ m QLO 4 ¢ ° Y V O O O 0 5 0 m d NM V Oa wmvpOi N Y N ry 50 This page intentionally left blank. 51 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: 400 West Gowe Street Kent, WA 98032-5895 Date: May 29, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 21, 2014 From: Paul Kuehne, Construction Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with GeoEngineers for Materials Testing & Inspection for SR 516 to S 2315t Way Levee Improvements James Street/Russell Road Realignment Project Item - 8 Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with GeoEngineers, in an amount not to exceed $158,236 for materials testing and inspection services related to the Upper Russell Road &James Street Levee project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Council approved a construction contract on July 15, 2014 to complete this project. Once constructed, this section of the levee will provide 500 years flood protection. It is the second of three projects near the Lakes Community that will eventually lead to FEMA Accreditation of the levee. Sound Engineering practices dictate that aggregates, asphalt, and cement/concrete, be tested by a geotechnical laboratory to assure the construction materials meet contract specifications. Materials analyses require a laboratory with certified testing equipment that the city does not own. On-site, nondestructive density and moisture content tests are also necessary for quality control and quality assurance. GeoEngineers has the appropriate certifications and expertise to perform these duties and was selected based upon their qualifications. City staff will perform other construction inspection and construction management duties. Budget Impact: None, funding for this project will be reimbursed by the King County Flood Control District. Exhibits: GeoEngineers, Inc. Consultant Services Agreement 52 This page intentionally left blank. 53 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide construction observation, consultation and documentation for the SR 516 to S. 231st Way Levee Improvements James Street/Russell Road Realignment Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Fifty Eight Thousand, Two Hundred Thirty Six Dollars ($158,236.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 54 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 55 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 56 XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, and agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 57 F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 58 APPROVED AS TO FORM: Kent Law Department GeoEnglneem-SR 516 to 231"Way Levee/Kuehne CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) 59 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 60 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 61 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 62 EXHIBIT A GEOENGINEERS, INC. SR 516 TO 2315T WAY LEVEE IMPROVEMENTS JAMES STREET/RUSSELL ROAD REALIGNMENT CONSTRUCTION OBSERVATION AND CONSULTATION KENT,WASHINGTON JUNE 5, 2014 FILE NO. 0410-189-00 INTRODUCTION The purpose of our services is to provide construction observation,consultation and documentation for the construction of certain improvements to the SR 516 to 231st Way Levee(Lower Russell Road Levee)on the Green River. This phase of the project will include constructing a setback levee section and realigning the intersection of James Street and Russell Road over the setback levee. Construction will include placing levee fill, regrading river bank slopes, placing roadway fill, constructing cast-in-place concrete retaining walls and repaving the roads. Project plans and specifications were prepared by the City of Kent. We understand that GE] is the geotechnical engineer of record for the parts of the project that pertain to the levee. GEI will review contractor submittals, contractor requests for information (RFIs) and design changes as needed for the levee section. GeoEngineers will be the City's on-site representative to observe and document construction activities. Our role will be to provide material testing, daily inspections and construction management duties not included in GEI's scope of services. We will provide geotechnical recommendations during construction,as needed,for the retaining walls and roadway section that is not part of the levee section. We understand the project is scheduled for 120 working days starting in June 2014. A more detailed schedule has not yet been developed. SCOPE OF SERVICES Our specific scope of services for the SR 516 to 231st Way Levee Construction includes: 1. Attend construction coordination meetings as required and requested. We have budgeted for Lyle Stone(Senior Engineer)to attend seven on-site construction meetings during the project. This is based on attending a kick off meeting and one meeting every four weeks during the length of the project. 2. Provide full-and part-time construction observation services to support the City of Kent's construction inspector. It is anticipated that we will be required to be on site full time during construction of the project. We will coordinate with the City of Kent's lead construction inspector while on site. Our observations will be documented in daily field reports. We have based our construction observation budget on 100full-time days (8.5 hours)on site and 20 part-time days(4 hours)on site. Emily Walner (Lead Technician) will be the primary field contact for GeoEngineers. Brett Larabee (Engineer 2) will provide backup as needed. 63 City of Kent June 5,2014 Page 2 3. Provide soil and aggregate laboratory testing. We will provide testing of fill materials including sieve analyses, and maximum density determinations (Proctor Tests). We have budgeted for percent fines determinations(10), sieve analyses(20), and Proctor Tests(15). 4. Provide construction materials testing including concrete and asphalt testing. Inspection of reinforcing steel,concrete testing, and asphalt testing will be completed by or in coordination with Mayes Testing, our Washington Association of Building Officials (WABO) certified subconsultant. We have based our materials testing budget on the material quantities in the bid documents. We have assumed that there will be up to five separate concrete pours requiring concrete inspection. 5. Provide construction consultation as requested. 6. Prepare a summary of our tests and observations at the end of construction for inclusion with levee inspection documentation. 7. Provide additional services as required and requested. US:GHS:tt i Attachments: Exhibit B. Fee Estimate Mayes Testing Engineers Inc.Proposal tusclalmec Anyelectronicform,facsimilem hard copyotthe original document(emall.text,table,and/ortigure)Jfprovided,and any attachments are oolyacopy m the anginal document.The ongnal document Is stored by aeoEnginoms,Inc.and will serve as the official document of record. Copyright©2014 by GeoEnglnears,Inc. Ail rights reserved. I GEOENGINEER� FIC PIO.0410Afi4U0 I 64 O O r b W E o m m in,.y N o ro m o N m m m m O1- M m R Z N C v LD '4' ri ci o N N m ai a ri r cn � w yt z C O t0 LD yy� N 'M y C Oy ON (ON .�i NW G Q N m N ry ry E E E Iq 'a C e O d 2 ro ® O a � V Y » 4 U VJ W G 'm E N LL d N E Na N 'qp ci N vI W d m O N (00 H CD c `d vT j C M NN v 1 N E y n C N = N p v m �i o m cs A o "z v o ° Iq .A x° � N 0 S E N 12 uin E � .0 d'O `o 'o U S r i- d � P L 65 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 66 EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 67 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: 400 West Gowe Street Kent, WA 98032-5895 Date: July 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 21, 2014 From: Steve Mullen, Transportation Manager Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Contract with Aegis ITS, Inc. for Traffic Signal Control System Replacement Item - 9 Motion: Move to recommend Council authorize the Mayor to sign a goods and services agreement with Aegis ITS, Inc. in an amount not to exceed $284,364.00 to provide hardware, software and implementation services for a replacement traffic signal management system subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City's traffic signal control system was purchased in 1993 and is no longer supported by the manufacturer. Several features available in modern traffic signal controllers are not accommodated by our existing system, including flashing yellow left turn arrows. This project is first step in the phased replacement of our old system. This project includes a new traffic signal control system, and intersection controllers to be installed at approximately 24 existing intersections. Approximately 11 of those intersections will be modified (under a separate contract) to display flashing yellow left turn arrows. Traffic signal controllers will be replaced at nearby intersections to allow for continued signal coordination. Budget Impact: Funding for this contract will come from a Highway Safety Improvement Grant for Traffic Signal Control System upgrade, administered by the Washington State Department of Transportation. The remainder of that $400,000 grant will be used to modify the intersections to display flashing yellow left turn arrows. Exhibits: Aegis ITS, Inc. Goods and Service Agreement 68 This page intentionally left blank. 69 KENT WASHINOTON GOODS & SERVICES AGREEMENT between the City of Kent and [Aegis ITS, Inc.] THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Aegis ITS, Inc. organized under the laws of the State of California, located and doing business at 3360 E. La Palma Avenue, Anaheim, 714-575-5701, Douglas Terry, P.E. (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Provide hardware, software, and implementation services to install a replacement traffic signal control system. The software and hardware will replace approximately 30 intersection signal controllers initially and will provide for replacement of 90 additional intersection signal controllers in future phase(s) of the program. The new system will be capable of operating fully-actuated intersection controllers independently or in coordination with other intersection controllers using time-of- day programming, system operator pattern selection, or traffic responsive pattern selection. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services no later than July 1, 2015. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed two hundred eighty-four thousand three hundred sixty-four dollars and zero cents. ($284,364.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) 70 [See Exhibit A: Standard Software License and Maintenance Agreement- Consideration and Payment Schedule. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) 71 E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 72 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) 73 correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit [1- See separately attached PDF file — City of Kent Cert of Insurance.pdf] attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 74 XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) 75 to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Douglas Terry, P.E. Stephen Mullen Aegis ITS, Inc. City of Kent 3360 E. La Palma Avenue 220 Fourth Avenue South Anaheim, CA Kent, WA 98032 714-575-5701 (telephone) (253) 856-5585 (telephone) 714-630-1973 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the electronic filepeN where the contact has been saved] GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) 76 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 77 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 78 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 79 Exhibit A STANDARD SOFTWARE LICENSE AND MAINTENANCE AGREEMENT Consideration and Payment Schedule for Aegis ITS LICENSE FEES 1. On execution of this Agreement(20%): $36,456.09 2. Upon satisfaction of delivery of Licensed Software (80%): $ 145824.35 Unless Contractor is notified in writing of specific Type A or B Malfunctions, the City shall provide written certification of satisfaction of Licensed Software delivery once the last installed module of the Licensed Software is has been in Productive Use for 90 days. In the event that acts beyond the reasonable control of either party delay achievement of the Licensed Software delivery, any applicable delivery schedule shall be extended by a period of time equal to the time lost because of any such delay. In the event that the Contractor is notified of specific Type A or B Malfunctions, the 90-day period shall begin again once all identified Malfunctions have been corrected. ANNUAL SUPPORT AND MAINTENANCE FEES Contractor will invoice the City based 60 days prior to the beginning of the maintenance period. The first payment, in the amount of$12,929 and covering a period of 12 months, will be due upon the beginning of year two use of the software. At each renewal period, Contractor may request price adjustments 60 days prior to the renewal date. In no event should any annual maintenance fees for any software products be increased by more than the lower of: (a)three percent(3%) of the previous year's maintenance fees or (b) then current factor used generally by the Contractor to calculate annual maintenance fees for other licensees in the United States. ADDITIONAL LICENSES The City shall have the right to purchase additional licenses as needed at the same unit price in the order form for two (2) years after the signing of this Agreement. Thereafter, annual adjustments for CPI may be applied to these unit prices. The City shall pay additional Maintenance for additional licenses at the same rate paid by the City for its then-current Maintenance program.When additional licenses are purchased during a then- current Maintenance period, fees shall be prorated to reflect the amount due for the remainder of the Maintenance period. 80 CITY OF KENT Request for Proposals for a Traffic Signal Management System APPENDIX C COST PROPOSAL FORMS The City is using a forms-based approach for this Request for Proposal (RFP). The objective is to ensure the responses are in a similar order and format to better facilitate a fair and complete evaluation of responses. Offerors must complete each of the four worksheets in this workbook, and attach a product invoiceforder form. The City will use this cost proposal and the cost normalization process as set out in Section 4.5.2. of the RFP to evaluate total cost of ownership. Offeror's cost proposal must be all-inclusive, including ALL software, hardware, and services required to implement a fully functional system for the City.This includes any software required to meet the functional requirements for which you responded "Alternative" (requirement met through integration with a third-party system) in Form 12 - Functional Requirements of Appendix A. Itemize these costs in Table B. This also includes any services required to meet the functional requirements for which you responded "Customization" (requirement met with system modification) in Form 12 - Functional Requirements of Appendix A. Itemize these costs as Other Professional Services in Table D. All prices are to be in U.S. dollars and include all applicable taxes, freight, and other associated fees. Add more lines to the tables as necessary. Please note that offerors also must complete Appendix A - Response Forms,which together with the cost proposal will comprise an offeror's complete proposal. Offerors must submit this cost proposal as instructed in Section 1.2 of the RFP. Please prgyl „1Ij folJgw„ing contact information: OffebY'Name' t Aegis ITS, Inc. Contact Name: Douglas Terry, P.E. Mailing Address:, , 3360 E. La Palma Ave. Title' Chief Operating Officer Anaheim, CA 92806 Phd'ne,Numbe'," (714) 575-5701 E-Mail Address, dterry2r).aegisits.com 7/2014 B-1 81 CITY OF KENT Request for Proposals for a Traffic Signal Management System • • COMPONENTS In the table below, itemize the;application costs, by modulejor the software you are proposing. Add more lines as necessary;Ensure that client software costs are appropriately listed. Table A.Application Software Costs Discountecl ModulefVersion Description List Cost Cost Quantity Centracs ATMS v1.9 ATMS Software $ 65,365.15 1 $ 65,365.15 1 1 $ 65,365.15 $ $ $ Sales Tax $ - $ - $ 6.209 669 Application Software Total $i 71,574.$4 In th'e table below list any system or technical(e.g„database, report writer)software that is not inofuded in the standard configuration, but �,is required to run the proposed solution,This should include any software required,to meet the functional requirements for which you respohded"Alternative"(requirement met through integration with ith rid-party system}in Forme 12- Functional Requirements of Appendixes Add'more lines to the table as necessary, Table B. Other Software Costs List Cost Discountecl SoftwarelVersion Description Cost Quantity MS SQL Server 2012 DBMS software $ 2,810.00 1 $ 2,810.00 1 1 $ 2,810.00 Map.Net Map engine licensing $ 4,430.00 $ 4,430.00 1 $ 4,430.00 Navteq Licensing Map licensing $ 2,061.00 $ 2,061.00 1 $ 2,061.00 Sales Tax $ - $ - $ 883.60 Other Software Total N$', 1D,184,60+ In the table belcwi enter the hardware specifications and associated hardware,00sts necessary to implementthe'proposed system ' Table C. Hardware Costs Discounted Hardware Description List Cost Cost Quantity Econolite Controller Traffic Signal Controller $ 3,060.00 1 $ 3,060.00 1 30 $ 91,800.00 Sales Tax $ - $ - $ 8,721.00 Hardware Total $+104,521.00: 7/2014 Aegis Proprietary and Confidential B-2 82 CITY OF KENT RFP Appendix B Request for Proposals for a Traffic Signal Management System • • IMPLEMENTATION In the table below, list total hours to implementthe proposed solution;the blended rate(i,e., total vendor cost divided by total vendor hours), and total cost,Add more lines as necessary, The entries should, correspond to the deliverables listed in Sebtian 3,,2.of the RFP Table D. Professional Services Deliverable 1. Baseline Detailed Project Work Plan 16 $ 228.63 $ 3,658.00 2. Hardware Specifications 8 $ 106.75 $ 854.00 3. Project Status Reports 64 $ 228.64 $ 14,633.00 4. Installation Certification 8 $ 106.75 $ 854.00 5. Sy stem Configuration Reports 40 $ 116.45 $ 4,658.00 6. Configured Software Ready for Test 48 $ 100.60 $ 4,829.00 7. Test Plan 40 $ 123.78 $ 4,951.00 8. Data Conversion Plan 16 $ 106.69 $ 1,707.00 9. Migrated Data Ready for City Validation 90 $ 88.41 $ 7,957.00 10. Interface Specifications 0 $ - 11. Interfaces Ready for Test 0 $ - 12. Installation Architecture Specification 20 $ 131.10 $ 2,622.00 13. Training Plan 8 $ 106.75 $ 854.00 14. Training 40 $ 106.70 $ 4,268.00 15. Site Customization Document 16 $ 97.56 $ 1,561.00 16. Go-Live and Stabilization Plan 12 $ 147.33 $ 1,768.00 17. Template Tools for Documenting Business Processes 0 $ - 18. Operations Manual 8 $ 88.38 $ 707.00 19. Stabilization Services 0 $ - Flexible-use hourS2 160 $ 140.24 $ 22,438.00 ' $ - $ - $ $ $ $ Sales Tax 1 $ 1 $ 7,440.31 Labor Total • . $. 85 759.31+ Blended rate equals the total cost divided by the total hours 2Contingency hours that may be used under the direction of the City 'Include all additional services required to meet the functional requirements for which you responded "Customization" (requirement met with system modification) in Form 12 - Functional Requirements of Appendix A. 7/2014 Aegis Proprietary and Confidential B-3 83 CITY OF KENT RFP Appendix B Request for Proposals for a Traffic Signal Management System In the table below list your not-to-exceed hourly,rages fw staff, total estimated hours, and cost, Add more lines as necessary, The total cost in Table E should equal the total,professional'serulces cost in Table D, , Table E. Staffing Rates Name/Title Rate Hours Total Cost Nick Ulman, Senior Associate $ 228.65 144 7 32,92530 Donnie Smith, System Support Engineer $ 137.19 40 $ 5,487.60 Keoni Wasano, ITS Engineer $ 106.70 200 $ 21,340.00 Chris Flores, ITS Engineer $ 88.41 210 $ 18,566.10 Sales Tax 594 $ 7,440.31 Cost Total $ 85 75M In the table below, list your not-to-exceed estimate for all related travel exenses Add more lines as necessary, Table F. Estimated Travel Expenses Item Description Airfare lAssumes 7 flights total $ 4,398.00 Hotel Assumes 28 hotel nights "2,814.00 Meals Assumes 35 person days Ground trans ortation Assumes 35 erson da s Sales Tax Estimated Travel Expenses(not to exceed) $ - 16,324.26 In the table below, list your not-to-exceed estimate.forall additional implementation costs(e.g,, training materials facility and equipment rental or lease,eto.).Adds more lines as necessary, Table G. Other Implementation Expenses DescriptionItem • - $ 7/2014 Aegis Proprietary and Confidential B-4 / RT co mo � - { f ƒ j \ _ 2 � } [ - \ . � 1 7 f . » E a \ ! f } ƒ_ \ \ CL ( e 2 x ) \ } L LU k / � \ � { : E ) ƒ _ \ } / / 0w go ; \ : : : e » / 85 CITY OF KENT Request for Proposals for a Permit Management Solution RFP Appendix B- Total Cost • In the tables below, please validate this total one-time and recurring costs in your response, Table I. One-Time Costs Table A. Application Software Costs $ 65,365.15 Table B. Other Software Costs $ 9,301.00 Table C. Hardware Costs $ 91,800.00 $ 166,466.15 r, $ 15,814.28 Q4 , aye Table D. Professional Services $ 78,319.00 Table F. Estimated Travel Expenses $ 14,908.00 Table G. Other Implementation Expenses $ - $ 93,227.00 $ 8,856.57 • •• Table J. Recurring Costs Item 10 Year Total Cost 77 Application Software $ 131,591.00 Other Software $ - Other Annual Fees $ Other Costs $ TOTALRecurring Cost Subtotal •NSE COSTKIN§E15 955.00 7/2014 Aegis Proprietary and Confidential B-6 86 Software License Agreement Centracs°Advanced Traffic Management System Software Centracs Software License Agreement(ISLA) IMPORTANT!READ CAREFULLY: This Centracs SOFTWARE License Agreement("ISLA")is a legal agreement between City/Agency("Licensee")and Econolite Control Products,Inc.("Licensor')for any and all Centracs software product(s),which includes computer software and associated media,printed materials,and'online"or electronic documentation('SOFTWARE")provided under the Agreement for Professional Services contract.By installing,copying,or otherwise using the SOFTWARE,you the License agree to he bound by the terms of this ISLA.If you do not agree to the terms of this ISLA,you may not use the SOFTWARE. SOFTWARE License The SOFTWARE is protected by copyright laws and international copyright treaties,as well as other intellectual property laws and treaties.The SOFTWARE is licensed,not sold. This ISLA grants you the following rights: You may install and use the Centracs Communications Server SOFTWARE on one(I)computer(s)located on City/Agency premises. You may install and use the Centracs Traffic Applications/File Server SOFTWARE on one(I)computer(s)located on City/Agency premises. You may install and use the Centracs workstation SOFTWARE on two(2)workstation(s)located on the premises of City/Agency or agency partners/consultants. You may not reverse engineer,decompile,or disassemble the SOFTWARE,except and only to the extent that such activity is expressly permitted by applicable law,notwithstanding this limitation. The SOFTWARE is licensed as a single product.Its component parts may not he separated for use on more than one computer. You may not rent or lease the SOFTWARE. Without prejudice to any other rights,Econolite Control Products,Inc.may terminate this ISLA if you fail to comply with the terms and conditions of this ISLA.In such event,you must destroy all copies of the SOFTWARE and all of its component parts. SOFTWARE Ownership Any Centracs software('Software")that is made available from Econolite Control Products,is the copyrighted work of Econolite Control Products,Inc.and/or its suppliers or others that have licensed material to Econolite Control Products,Inc..Use of the SOFTWARE is governed by these Terms of Use and ISLA contained therein. The SOFTWARE is made available for use by customers of Econolite Control Products,Inc.and/or its subsidiaries,distributors,authorized agents or representatives or suppliers,according to this ISLA.Any reproduction or redistribution of the SOFTWARE not in accordance with the Terms of Use is expressly prohibited by law.You may not install any Centracs SOFTWARE unless you agree to these Terms of Use in their entirety. Warranties Econolite Control Products,Inc.agrees to provide City/Agency with one year of warranty support of the SOFTWARE beginning upon completion of acceptance testing of the SOFTWARE.This support will cover all SOFTWARE components provided by Econolite Control Products,Inc..SOFTWARE components provided by others,(including any and all area maps and intersection graphics)will not he included in this warranty. SOFTWARE Copyright The SOFTWARE is marketed by Econolite Control Products,Inc.in part under a perpetual license of certain copyrighted works of others as to certain elements and in part as the copyrighted work of Econolite Control Products,Inc. Use of the SOFTWARE is governed by the terms of this Agreement,certain of the terms of which relate to or incorporate other agreements respecting intellectual property contained in the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions.Therefore,you must treat the SOFTWARE like any other copyrighted material.You may not copy the printed materials accompanying the SOFTWARE. Restricted Rights Legend Any SOFTWARE which is provided for or on behalf of the United States of America or for or on behalf of Licensee,their agencies and/or instrumentalities("U.S.Government)is provided with Restricted Rights.Use,duplication,or disclosure by the U.S.Government is subject to restrictions as set forth in Federal Acquisition Regulations subparagraph(c)(I)(ii)of the Rights in Technical Data and Computer SOFTWARE clause at DEARS 252.227-7013 or subparagraphs(c)(I)and(2)of the Commercial Computer SOFTWARE-Restricted Rights at48 CFR 52.227-19,as applicable.The manufacturer is Econolite Control Products,Inc.,3360 E.La Palma Ave,Anaheim,CA 928067(714)630-3700. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. I.Centracs is a registered trademark of Econolite Control Products,Inc. CI ient#: 1260332 305ECO NOG RO ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 D M/DD/YVVV) 7/16/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Vanessa Maldonado BB&T Insurance Services PHONE 714 941-2956 FAX 877-297-1116 (A/C,No,Exty (Al,No): of Orange County E-MAIL ADDRESS: vmaldonado@bbandt.com 2400 Katella Avenue Ste 1100 INSURER(S)AFFORDING COVERAGE NAIC* Anaheim, CA 92806 INSURERA Y Travelers Indemnity Co of CT 25682 : ` INSURED INSURER B:Travelers Property Casualty CO 25674 Aegis ITS, Inc. INSURER C: " LibertyY Insurance Underwriters 36439 3360 E. La Palma Ave. INSURER D Anaheim, CA 92806 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRADDL MID POLICY NUMBER SUBR POLICY EFF POLICY EXP LIMITS (MM/DD/YVVV) (MM/DDNYYY) A GENERAL LIABILITY 6303193N600TCT14 D412712014 0412712015 EACH OCCURRENCE $1,000,000 X comMERaAL GENERAL LIABILITY DAMAGE EESOEd ocaErrDance $100,000 CLAIMS-MADE I X]OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADS INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 _I IT AGGREGATELJMIT APPLIES PER'. PRODUCTS-COMP/OPAGO $2,000,000 POLICY PRO- LOC $ JECT B AUTOMOBILE LIABILITY 8103193N600TIL14 0412712014 0412712015 COMBINEDSINGLELIMIT 1,000,000 (Ed boo ent $ Ix ANYAUTO BODILY INJURY(Per person) $W ALLONED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS X NON-OVNMED PROPERTY DAMAGE $ AUTOS Peraccdent C X UMBRELLA LIAB X OCCUR 100003863003 0412712014 0412712015 EACH OCCURRENCE $2 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION UB9501B09614 D412712014 04/27/201 X TORYTLIMTS OTH AND EMPLOYERS'LIABILITY Ep ANY PROPRIETOR/PARTNER/EXECUTIVEY/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mans ai in NH) WA Stop Gap Liab E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder is added as Additional Insured per policy form #CGD2470805 8r Waiver of Subrogation per policy form #CGD4581008 both a part of policy#6303193N600TCT14. RE: Traffic Signal Management System. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 Of 1 The ACORD name and logo are registered marks of ACORD #Sl26845291M12294841 VLMAL 88 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6303193N600TIL 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): As per Certificate Holder Name on the attached Certificate of Insurance. PROJECTILOCATION OF COVERED OPERATIONS: As per project description on the attached Certificate of Insurance. 1. WHO IS AN INSURED — (Section II) is amended b) The insurance provided to the additional in- to include the person or organization shown in the sured does not apply to 'bodily injury", "prop- Schedule above, but: erty damage" or "personal injury" arising out a) Only with respect to liability for "bodily injury", of the rendering of, or failure to render, any "property damage" or "personal injury"; and professional architectural, engineering or sur- veying services, including: b) If, and only to the extent that, the injury or damage is caused by acts or omissions of i. The preparing, approving, or failing to you or your subcontractor in the performance prepare or approve, maps, shop draw- of "your work' on or for the project, or at the ings, opinions, reports, surveys, field or- location, shown in the Schedule. The person ders or change orders, or the preparing, or organization does not qualify as an addi- approving, or failing to prepare or ap- tional insured with respect to the independent prove, drawings and specifications; and acts or omissions of such person or organiza- ii. Supervisory, inspection, architectural or tion. engineering activities. 2. The insurance provided to the additional insured c) The insurance provided to the additional in- by this endorsement is limited as follows: sured does not apply to 'bodily injury" or a) In the event that the Limits of Insurance of "property damage" caused by "your work' this Coverage Part shown in the Declarations and included in the "products-completed op- exceed the limits of liability required by a erations hazard" unless a "written contract "written contract requiring insurance" for that requiring insurance" specifically requires you additional insured, the insurance provided to to provide such coverage for that additional the additional insured shall be limited to the insured, and then the insurance provided to limits of liability required by that "written con- the additional insured applies only to such tract requiring insurance". This endorsement 'bodily injury" or "property damage" that oc- shall not increase the limits of insurance de- curs before the end of the period of time for scribed in Section III —Limits Of Insurance. which the "written contract requiring insur- ance" requires you to provide such coverage CG D2 47 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 89 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is i. Immediately record the specifics of the earlier. claim or"suit" and the date received; and 3. The insurance provided to the additional insured IL Notify us as soon as practicable. by this endorsement is excess over any valid and The additional insured must see to it that we collectible "other insurance", whether primary, receive written notice of the claim or'suit" as excess, contingent or on any other basis, that is soon as practicable. available to the additional insured for a loss we cover under this endorsement. However, if a c) The additional insured must immediately "written contract requiring insurance" for that ad- send us copies of all legal papers received in ditional insured specifically requires that this in- connection with the claim or ""suit", cooperate surance applly on a primary basis or a primary with us in the investigation cr settlement of and non-contributory basis, this insurance is pri- the cllaim or defense against the 'suit'", and mary to "other insurance" available to the addi- otherwise comply with all policy conditions, tional insured which covers that person or organi- d) The additional insured must tender the de- zation as a named insured for such loss, and we fense and indemnity of any claim or "suit" to will not share with that '"other insurance". But the any provider of "other insurance' which would insurance provided to the additional insured by cover tlhe additional insured for a loss we this endorsement still is excess over any valid' cover under this endorsement. (However, this and collectible "other insurance", whether pri- condition does not affect whether the insur- mary, excess„ contingent or on any other basis, ante provided to the additional insured by that is available to the additional insured) when this endorsement is primary to "other insur- that person or organization is an additional in- ante" available to the additional insured sured under such "other insurance".. which covers that person or organization as a 4. As a condition of coverage provided to the named insured as described in paragraph 3. additional insured by this endorsement: above. a) The additional insured must give us written 5. The following definition is added to SECTION V notice as soon as practicable of an "occur- —(DEFINITIONS: rence" or an offense which may result in a "Written contract requiring insurance" means claim. To the extent possible, such notice that part of any written contract or agreement should include: Dander which you are required to include a 1. )How, when and where the "occurrence" person or organization as an additional in- or offense took place; sured on this Coverage Part, provided that The the ""bodily Injury" and "property damage" oc- ii. Tphe names and witnesses; andmes and addresses o6 any injured curs and the "°personal injury" is caused by an offense committed: Ili. The nature and location of any injury or a. After the signing and execution of the damage arising out of the"occurrence" or contract or agreement by you; offense. b) If a claim is made or "soot" is brought against b. While that part of the contract or the additional insured, the additional insured agreement is in effect; and must: c. Before the and of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG 02 47 08 06 90 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The "personal injury" or"advertising injury" for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CI ient#: 1260332 305ECO NOG RO ACORDTM CERTIFICATE OF LIABILITY INSURANCE D M/DD/YVVV) 7/16/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Vanessa Maldonado BB&T Insurance Services PHONE 714 941-2956 FAX 877-297-1116 (A/C,No,Exty (Al,No): of Orange County E-MAIL ADDRESS: vmaldonado@bbandt.com 2400 Katella Avenue Ste 1100 INSURER(S)AFFORDING COVERAGE NAIC* Anaheim, CA 92806 INSURERA: Lloyds of London FOREIGN INSURED INSURER B Econolite Group Inc. INSURER C 3360 E. La Palma Ave. INSURER D Anaheim, CA 92806 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRADDL MID POLICY NUMBER SUBR POLICY EFF POLICY EXP LIMITS (MM/DD/YVVV) (MM/DDNYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PACREM S TES(Ed RR ocaErrDance) $ CLAIMS-MADE1:1 OCCUR MED EXP(Any one person) $ PERSONAL&ADS INJURY $ GENERAL AGGREGATE $ _I IT AGGREGATE LIM IT APPLIES PER'. PRODUCTS-COMP/OPAGO $ POLICY PRO LOC $ JECT COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ed accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OVNMED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Peraccdent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WCSTATU- OTH- ANDEMPLOVERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandai in NH) E.L.DISEASE-EA EMPLOYEE $ If yes describe under DESCRIPTION OF OPERATIONS below E% DISEASE-POLICYLIMIT $ A Software ESCO2076549 4/27/2014 04/27/201 $2,000,000 Each Claim Professional Retro Date: $2,000,000 Aggregate Liability 0511312004 Ded: $50 000 Each Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Traffic Signal Management System. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S12684621/M12255345 VLMAL 92 This page intentionally left blank. 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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: 400 West Gowe Street Kent, WA 98032-5895 Date: July 16, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 21, 2014 From: Garrett Inouye, P.E., Project Engineer Through: Chad Bieren, P.E., City Engineer Subject: 64th Avenue S. Channel Improvements Phase II Puget Sound Energy - Facility Relocation Agreements Item - 10 Motion: Move to recommend Council authorize the Mayor to sign Facility Relocation Agreements with Puget Sound Energy to relocate existing electrical and gas facilities for the 64th Avenue South Channel Improvements Project Phase II, as approved by the City Attorney and Public Works Director, and to ratify and affirm any act consistent with the authority and prior to the effective date of this authorization. Summary: Council approved a construction contract for this project on June 17, 2014 and the City's contractor will be ready to install two box culverts in the 64th Avenue S. Channel in about six weeks. In order to complete the installation of these culverts, Puget Sound Energy (PSE) gas and electrical services to a neighboring business need to be temporarily relocated. It was originally anticipated that this work could be completed later in the project, but the contractor's sequencing requires that it be relocated now. Public Works therefore requested the Mayor sign the PSE agreements so that the work could be scheduled and completed. This authorization is consistent with Council's prior approval of the overall project. Budget Impact: This agreement will be paid for from the storm drainage fund, with no unbudgeted fiscal impacts. The cost for the electrical relocation is estimated to be $33,432.96 and the gas relocation cost is estimated to be $32,464.45. Exhibits: Facility Relocation Agreements 96 This page intentionally left blank. 97 I I FACILITY RELOCATION AGREEMENT This Agreement, dated as of 2014, is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation("PSE"), and City of Kent, Washington, ("Government Entity"). PSE and the Government Entity are sometimes referred j to herein individually as a "Parry" and collectively as the "Parties." RECITALS A. PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of electricity("Facilities")that are located on or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating Rights are more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Government Entity plans to construct improvements to the culvert west of 64`"AVE S approximately 330' South of S 226 ST. ("Improvements") C. in connection with the Improvements, the Goverment Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities (the "Relocation Work"), all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Commission(the "WUTC"). D. The Government Entity has determined that it is in the public interest to have PSE remove its existing buried facility temporarily until the new culvert is in place. E. The Government Entity has provided to PSE a written plan for the Improvements (the"Improvement Plan") which includes, among other things, (a)plans and specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the Relocation Work,including reasonably detailed drawings showing the planned Improvements, (b) a list of the key milestone dates for the Improvements, and(c) information concerning possible conflicts between PSE's Facilities and other utilities or facilities. The Parties, therefore, agree as follows: AGREEMENT Section 1. Relocation Work 1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to this Agreement. 1.2 Performance of Relocation Work. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable _1_ 98 efforts to perform the Relocation Work. PSE shall perform the Relocation Work in accordance with the schedule provided in Exhibit B (the "Relocation Schedule") with reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Relocation Work. PSE shall have no liability to the Government Entity or any third parry, nor shall the Government Entity be relieved or released from its obligations hereunder, in the event of any delay in the performance of the Relocation Work due to any(a) repair, maintenance, improvement, renewal or replacement work on PSE's utility systems, which work is necessary or prudent as determined by PSE in its sole discretion; or(b) actions taken by PSE which are necessary or consistent with prudent utility practices to protect the perfonnarnee, integrity,reliability or stability of PSE's utility systems or any systems to which such systems are connected. 1.3 Adjustments to the Relocation.Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including the Relocation Schedule and/or Relocation Cost Estimate)that result from(a) the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation Work caused by the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not conternplated by the Parties may arise during the performance of the Relocation Work. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation Schedule and/or the Relocation Cost Estimate. 1.4 Performance by Government Entity. Tn the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the Government Entity to perform such obligations; provided, that if the Parties cannot reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written notice to the Government Entity, and the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 5.5. PSE's determination as to the satisfaction or waiver of airy such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed with Construction Work. At least 10 days prior to the date specified in the Relocation Schedule for commencement of construction for the Relocation Work, the Government Entity shall either (a)provide to PSE a written notice to proceed with such construction work, or (b)terminate this Agreement by written notice to -2- 99 PSE. In the event of such termination, the Government Entity shall promptly pay PSE they amounts payable to PSE in connection with termination under Section 5.5. Section 2. Operating Rights. Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible for the acquisition of, and any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work ("New Operating Rights"). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE, all as determined by PSE in its sole discretion. . Section 3. Permits. The Government Entity shall be solely responsible for the acquisition of, and any costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given, made, done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work(collectively, "Permits") The Permits shall be on such terns and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Relocation Work, or otherwise in any way change, limit, curtail,impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Relocation Work and all rights of appeal with j respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and any costs associated with any mitigation required by the Permits. Section 4. Materials and Ownership i Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary materials, equipment and labor required to perform the Relocation Work. All materials,information,property and other items provided for, used or incorporated into the Relocation Work(including but not limited to the Facilities) shall be and remain the property of PSE. Section 5. Relocation Costs 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation j Work (the "Relocation Cost Estimate") is $33,432.96. The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work. i 3 I 100 5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work, and in the event PSE determines that such costs are likely to exceed the Relocation Cost Estimate by more than twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be obligated to continue with performance of any Relocation Work unless and until PSE receives the Government Entity's written acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed with the Relocation Work. In the event PSE does not receive such acceptance and notice from the Government Entity within ten (10) working days from the date of PSE's notice;then PSE may, at its discretion, terminate this Agreement. In the event of such termination, the Government Entity shall promptly pay PSE the amounts j payable to PSE in connection with termination under Section 5.5. 5.3 Relocation Costs. The Government Entity shall be responsible for, and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance the Relocation Work (the "Relocation Costs"). For purposes of this Agreement, the Relocation Costs shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation Work, including, but not limited to, labor,personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 Statement of Costs -Invoice. Within sixty (60) days of the completion of the Relocation Work, PSE shall provide the Government Entity with a statement and invoice of the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period after receipt of any written request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice. 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement,the Government Entity shall promptly pay PSE,the following: (a) all costs and expenses incurred by PSE in connection with the Relocation Work(including, without limitation, all Relocation Costs incurred through the date of termination and such additional costs as PSE may incur in connection with its suspension or curtailment of the Relocation Work and the orderly termination of the Relocation Work); and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. 5.6 Payment. The Government Entity shall, within thirty(30) days after the receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the full amount of the invoice. I 4 101 Section 6. Indemnification 6.1 Indemnification. The Government Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to,reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. PSE releases and shall defend, indemnify and hold harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to,reasonable attorneys'fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement. During the performance of such activities employees or contractors of each Party shall at all times remain employees or contractors, respectively, that Party and shall not be, or be construed to be, employees or contractors, respectively, of the other Party. 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party under this Section 6, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. "the foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Section 7. Disclaimers and Limitation of Liability 7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or implied, with respect to the Relocation Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty,tort or otherwise, to any other parry or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Relocation Work or this Agreement. Section S. Miscellaneous 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. 8.2 Survival. Sections 2, and 4 through 8 shall survive any termination of this Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and i -5- 102 i following termination of this Agreement neither Party shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect. 8.3 Waiver. The failure of any Parry to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance; rather,the same shall be and remain hi full force and effect. 8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby. 8.5 Force Majeure. In the event that either Parry is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majcurc Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws,regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third art or an failure or delay in the erformance b the other P party; Y Y P Y arty, or a third party who is not an employee, agent or contractor of the Parry claiming a force Majeure Event, in correction with the Relocation Work or this Agreement. Upon removal or termination of the Force Majeure Event,the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other communication under this Agreement given by either Party to the other Party shall be in I writing and shall be delivered in person to an authorized representative or mailed,properly addressed and stamped with the required postage, to the intended recipient at the address and to the attention of the person specified below the Parties'respective signatures on this Agreement. Either Party may from time to time change such address by giving the other Party notice of such change in accordance with this section. 8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. I -6- 103 In witness whereof, the Parties have executed this Agreement as of the date set forth above. PSE: Government Enti Puget Sound Energy,Inc. By By Its Its Address: Address: Attn: Attn: I i I I II I I i I 7- 104 I EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS i PSE has a 10' easement across parcel 9619540-0230. The easement is the North 10' of the South 45' of this parcel. PSE has primary cables in one 4" conduit located above the culvert. II i I i i i i _g_ I 105 i 1JXHIBIT B RELOCATION WORK PSL/Potelco coordinated with the City of Kent to determine that a temporary overhead relocation was the best alternative for this project given the drainage course Iocation and working space. Phase 1: PSB/Potelco will install two temporary poles approximately 25' north of the north end of the existing culverts on both the east and west sides of the drainage channel. The existing conduits will be exposed and rerouted to the base of the poles where the primary will terminate and underground and be relocated overhead. A temporary casement will be required from the City of Kent to PSB for temporary relocation of facilities over City of Kent properly throughout construction. Phase 2: Install a new 4"conduit within the existing easement,pull new cable,intercept and and reenergi e line, I i I i I -9- 106 s I; N � LL i r � � 3 II a ,{ a i�ii i 00 LLA Im V I Y z o � � o ,r+ > ti ffLLXXII —4�r o v. U ',Eft p�j a m rr..�� V LA R C7 L m �/ cum x ' i W ifii LU f C C t y O O O > y � U v m a "01082554 p3 4 y e F - YV 4w" �p s 3 g 3 Y m s a p4 a 98e� nnp t as = g- yif � ea° e 4 o 4 �l� ➢ x p� 51 ' III :: DIP IlPro w Iglu'II �. I gl �l W o Ev, ® x� v � � sg s € a re / � � a + - ° a � gaa oil 1 € Va ®1 E.49 F Ea d' [fr gStl € 0 58p kn €itl g -F x E5 S a F Ee'2E %^ § >Mi o� a° fr j£ IE Y' A n5 n mP e € € x 3 d E x€ gEp 3 a ry £ 4 .ns a x Ex Law €a e..........mrmw.. 101082554 J3u"-P d _. R LA co AR W F ,E F Sees 1s s Hl 3 w F R � g Q - z 3_ Z Z m m S w yUj d ,y k YQ- U a m es m i,a al} OH >€ s TFo u PP _ � MR . wEm o I o 4� Al CE- a o of t -- —------- Q _ ® �� W _ 5 yY�d �I$o z Kw LJJ _„ s 3nv ruse I aIn ' J ®I€ S I y' Lu A LU Is o 1 Q RI ffi 6b r B b oa 101082554 le asg-l1 i 0 1 g€ € aE PG !E 55, k w € aw B c c as E dy 92 If 10 J J y „a a 3E 6s � ry t o y avo � q o e '•58 e. W '%� � ate` F ae d••. nY W £ K a a TI —I � Is z — -- -- p FI 5, a w s r LLI s anv Haas 06 CL 1 I uJ llVel- r„ 'S 41 m 'INe L o` U} erc�ae>mo�x wx,.,z r nre iux naen.m.�aeoi ..w�em.mrv..n e e rwrs—r�cxmw£(m;. . .,w �a „ em ...� n.a aue io ry 110 This page intentionally left blank. =fW , 111 ENEP6Y July 10, 2014 Mr. Garrett Inouye City of Kent 400 W Gowe St Kent, WA 98032 RE: Facility Relocation Agreement 64th AVE S Culvert, Phase 2 PSE Work Order# 109079437 Dear Mr. Inouye: Attached please find for your review two copies of Puget Sound Energy's (PSE) Facility Relocation Agreement (Agreement) for the portion of the 64th AVE S Culvert project where PSE's facilities are located on private property. Please review the Agreements and have them signed and dated by the appropriate person at the city. Once the city has signed the Agreements, please contact me. I will pick up the documents at your office and arrange for PSE signatures. I will then return one copy to you. We look forward to working with the City on this project. Should you have any questions, please contact me at 253-381-6714. Sincerely, Anita Yurovc/ak Municipal Construction Planner Attachment: Facility Relocation Agreement Cc: Doug Corbin John Guay, InfraSource - 'I t„)und G-�- �, h ;. > > ;Quit 28,71h 112 FACILITY RELOCATION AGREEMENT This Agreement, dated as of 2014; is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation ("PSE"), and The City of Kent, ("Government Entity"). PSE and the Government Entity are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of natural gas ("Facilities") that are located on or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating Rights are more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Government Entity plans to construct improvements-at a culvert west of 64t'AVE S approximately 330' south of S 226 ST. ("Improvements"). C. In connection with the Improvements, the Government Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities located on private property (the "Relocation Work"), all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Commission (the "WUTC"). D. The Government Entity, has determined that it is in the public interest to have PSE remove its existing buried facility temporarily until the new culvert is in place. E. The Government Entity has provided to PSE a written plan for the Improvements (the "Improvement Plan") which includes, among other things, (a) plans and specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the Relocation Work, including reasonably detailed drawings showing the planned Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information concerning possible conflicts between PSE's Facilities and other utilities or facilities. The Parties, therefore, agree as follows: _I_ 113 AGREEMENT Section 1. Relocation Work 1.1 Relocation Work. The Relocation Work(PSE Order# 109079437) is described in Exhibit B attached to this Agreement. 1.2 Performance of Relocation Work. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE and the Govemment Entity shall use reasonable efforts to perform the Relocation Work. PSE and the Government Entity shall perform the Relocation Work in accordance with the schedule provided in Exhibit B (the "Relocation Schedule') with reasonable diligence in the ordinary course of their business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Relocation Work. PSE shall have no liability to the Government Entity or any third party, nor shall the Government Entity be relieved or released from its obligations hereunder, in the event of any delay in the performance of the Relocation Work due to any(a) repair, maintenance, improvement, renewal or replacement work on PSE's utility systems, which work is necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE which are necessary or consistent with prudent utility, practices to protect the performance, integrity; reliability or stability of PSE's utility systems or any systems to which such systems are connected. 1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including the Relocation Schedule and/or Relocation Cost Estimate)that result from (a) the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation Work caused by the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation Work. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation Schedule and/or the Relocation Cost Estimate. 1.4 Performance by Government Entity. In the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the Government Entity to perform such obligations; provided, that if the Parties carmot reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written notice to the Government Entity, and the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with such 2 114 termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed with Construction Work. At least ten(10) days prior to the date specified in the Relocation Schedule for commencement of construction for the Relocation Work,the Government Entity shall either (a) provide to PSE a written notice to proceed with such construction work, or (b) terminate this Agreement by written notice to PSE. In the event of such termination,the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with temnination under Section 5.5. Section 2. Operating Rights Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible for any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work ("New Operating Rights"). Such New Operating Rights shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE as determined by PSE in its sole discretion. Section 3. Permits The Government Entity shall be solely responsible for any costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given, made, done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits"). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities,unless and until PSE is in possession of all Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and all costs associated with any mitigation required by the Permits. Section 4. Materials and Ownership Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary materials, equipment and labor required to perform the Relocation Work. All materials, information, property and other items provided for,used or incorporated into the Relocation Work(including but not limited to the Facilities) shall be and remain the property of PSE. -3- 115 Section 5. Relocation Costs 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation Work (the "Relocation Cost Estimate") is $32,464.45. The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work. 5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work, and in the event PSE determines that such costs are likely to exceed the Relocation Cost Estimate by more than twenty percent (20%),PSE shall so notify the Government Entity in writing. In such event PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be obligated to continue with performance of any Relocation Work unless and until PSE receives the Government Entity's written acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed with the Relocation Work. In the event PSE does not receive such acceptance and notice from the Government Entity within ten (10) working days from the date of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. 5.3 Relocation Costs. The Government Entity shall be responsible for, and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance the Relocation Work(the "Relocation Costs"). For purposes of this Agreement, the Relocation Costs shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation Work, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 Statement of Costs - Invoice. Within sixty(60) days of the completion of the Relocation Work.PSE shall provide the Government Entity with a statement and invoice of the actual Relocation Costs,incurred by PSE. PSE shall provide, within a reasonable period after receipt of any written request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice. 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement, the Govermnent Entity shall promptly pay PSE, the following: (a) all costs and expenses incurred by PSE in connection with the Relocation Work(including, without limitation, all Relocation Costs incurred through the date of termination and such additional costs as PSF may incur in connection with its suspension or curtailment of the Relocation Work and the orderly termination of the Relocation Work); and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. -4- 116 5.6 Payment. The Government Entity shall, within thirty (30) days after the receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the full amount of the invoice. Section 6. Indemnification 6.1 Indemnification. The Government Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity, in its performance under this Agreement. PSE releases and shall defend, indemnify and hold hamiless the Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement. During the performance of such activities employees or contractors of each Party shall at all times remain employees or contractors, respectively, that Party and shall not be, or be construed to be, employees or contractors, respectively, of the other Party. 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party wider this Section 6, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Section 7. Disclaimers and Limitation of Liability 7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or implied, with respect to the Relocation Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty,tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Relocation Work or this Agreement. -5- 117 Section 8. Miscellaneous 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC. rn the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. 8.2 Survival. Sections 2 and 4 through section 8 shall survive any termination of this Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and following termination of this Agreement neither Parry shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect. 8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance; rather, the same shall be and remain in full force and effect. 8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by the Parry to be bound thereby. 8.5 Force Majeure. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party`s performance shall be excused during the Force Majeure Event. Force Majeure Events shall include. without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Parry, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a force Majeure Event, in connection with the Relocation Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 8.6 Enforceability. The invalidity or unenforecability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person to an authorized representative or mailed, properly addressed and stamped with the required postage, to the intended recipient at the address and -6- 118 to the attention of the person specified below the Parties' respective signatures on this Agreement. Either Party may, from time to time change such address by giving the other Parry notice of such change in accordance with this section. 8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. In witness whereof. the Parties have executed this Agreement as of the date set forth above. PSE: Government Entitv: Puget Sound Energy, Inc. By By Its Municipal Liaison Manager Its Address: 6905 South 228`h Street Address: Kent, Wa 98032 Attn: Community Services Dept Attn: 7- 119 EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS Facilities: 1 '/4"PE gas piping servicing 6250 S 228 ST,Kent, WA ODeratina Rights: Auditor filing#20040102001801 The North 20' of Tract A Northwest Business Park—Phase 1 -8- 120 EXHIBIT B RELOCATION WORK Description of Work: PSE Relocation—Phase 1: Convert the FED EX shop addressed as 6250 S 228 ST, Kent; WA to propane. Cut and cap the 1 '/4" PE gas service line at the property line on the west side of 64"'AVE S. Traffic Control to be provided by City. PSE Relocation—Phase 2: Replace the service line to the Fed Ex shop and remove propane equipment. Traffic Control to be provided by City. Work to take place once the culvert work is completed or as can be coordinated with the contractors work. -9- 121 s a LL d E w 0 U <t _c < i c N: N O N O 0 � � c O U U a z a h g U r ' LL y_ U � uj ® U O G � O cj L U Q O O Cc u O ti N GL p O I U W U �T LL 3 � C in a L T �i ti L i s o o v S a .m ai m rn m S F E u c „ O G m � � N y L m � d O �' V• N C s5 F C d G m 0 N ' c O Q O ? N O a Ua-w- 122 This page intentionally left blank. 123 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: 400 West Gowe Street Kent, WA 98032-5895 Date: July 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 21, 2014 From: Jeff Watling, Parks and Human Services Director, and Hope Gibson, Parks Planning and Development Manager Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Meeker Street Underpass Item - 11 Motion: Information Only/No Motion Required Summary: The Mayor's Office asked an interdepartmental team to look at potential capital improvements to the Meeker Street underpass. The team decided to focus on features that would improve safety, cleanliness, functionality and aesthetics, and has developed a conceptual plan. Jeff Watling and Hope Gibson will present the various components of the conceptual design to this committee and also to the Parks Committee this Thursday, July 24. Budget Impact: None at this time. Exhibits: None