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Home My WebLink AboutCity Council Committees - Public Works Committee - 02/26/2018 Unless otherwise noted, the Public Committee meets at 4 p.m. on the first and third Monday of each month in Kent City Hall, Council Chambers East, 220 Fourth Ave S, Kent, WA 98032. For additional information, contact Cheryl Viseth via email at cviseth@KentWA.gov, or 253-856-5504. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253- 856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Public Works Committee Agenda Councilmembers: Brenda FincherToni TroutnerDennis Higgins, Chair Director: Timothy J. LaPorte, P.E. February 26, 2018 4:00 p.m. SPECIAL MEETING Item Description Action Speaker Time Page 1. Call to Order -- Chair 01 -- 2. Roll Call -- Chair 01 -- 3. Changes to the Agenda -- Chair 01 -- 4. February 5, 2018 Minutes - Approval YES None 03 03 5. Goods and Services Agreement with Western Systems, Inc. for Traffic Signal Cabinet Replacement – Recommend YES Kelly Peterson 05 5 6. Veterans Drive Funding Commitment Letter - Recommend YES Kelly Peterson 05 21 7. Contract with GeoEngineers for Kent Airport Levee FEMA Conditional Letter of Map Revision (CLOMR) Application - Recommend YES Alex Murillo 05 25 8. Signature Pointe Levee Interlocal Agreement - Recommend YES Alex Murillo 15 51 9. Lower Russell Road Levee Interlocal Agreement - Recommend YES Alex Murillo 05 61 10. Agreement with PSE for Downey Farmstead Utility Relocation – Recommend YES Matt Knox 05 73 11. Agreement with Century Link for Downey Farmstead Utility Relocation – Recommend YES Matt Knox 05 85 12. Info Only/S. 224th St Improvements, 84th Ave S to 88th Ave S. Project Update NO Jason Bryant 15 89 13. Info Only/Snow & Ice Update NO Bill Thomas 05 91 14. Info Only/S 228th Street Right-of-Way Update NO Tim LaPorte 05 93 15. Info Only/Quiet Zone Update NO Chad Bieren 05 95 1 This page intentionally left blank 2 PUBLIC WORKS COMMITTEE February 5, 2018 Minutes City of Kent, WA Summary Minutes Date: February 5, 2018 Time: 4:00 p.m. Place: Chambers East 1. Call to Order: The meeting was called to order at 4:02 p.m. by Committee member Higgins. 2. Roll Call: Dennis Higgins, Committee Chair and Committee members Brenda Fincher and Toni Troutner were present. Absent: 3. Changes to the Agenda: No changes to the agenda 4. Approval of Minutes, Dated January 22, 2017 Committee member Troutner MOVED to approve the Minutes of January 22, 2017. The motion was SECONDED by Committee member Fincher and PASSED - 3-0. 5. Contract with AMTest Inc., for Water System Bacteriological Sampling - Recommend Sean Bauer, Water Systems Manager noted that the city collects and analyzes seventy- two bacteriological water samples per month at predetermined monitoring locations in the distribution system. AmTest will provide routine testing of these samples which will help ensure that drinking water is free of coliform bacteria, which is monitored to protect public health. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign a Goods and Services Agreement with AmTest, Inc. for routine bacteriological water sample collection in an amount not to exceed $53,011.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Troutner. The motion PASSED 3-0. 6. Info Only/Poverty Bay Shellfish Protection District Shawn Gilbertson, Environmental Supervisor along with Todd Hunsdorfer and John Taylor from King County Water and Land Resources Division gave a brief summary about why King County is establishing the Poverty Bay Shellfish Protection District. The District is based on a 2016 evaluation by the Washington State Department of Health (DOH). Poverty Bay is located along the eastern coast of Puget Sound from Federal Way to Des Moines that indicated shellfish bed water quality included elevated levels of bacteria. The purpose of the new district is to more closely monitor water quality in areas that drain to Poverty Bay. Parts of Kent are included in the District; including the westernmost areas 3 near Interstate 5 that drain to McSorley Creek and Massey Creek, which in turn drain to Puget Sound at Poverty Bay. Kent’s role in implementing the district will be to provide pollution prevention educational outreach and targeted pollution screening efforts in the areas of Kent that are within the district boundaries. These activities are already part of Kent’s requirements under the National Pollutant Discharge Elimination System (NPDES) municipal stormwater permit. 7. Information Only/Transportation Grants - Update Kelly Peterson, Transportation Manager presented recommendations for upcoming grant opportunities which included federal grant distributions overseen by the Puget Sound Regional Council (PSRC) and state grants administered by the Washington State Department of Transportation. 8. Information Only/2018 - 2020 Overlay Projects Joe Araucto, P.E., Utility Engineer noted that Public Works staff have completed a majority of the 2017 overlay projects approved by Council within the adopted 2017/2018 biennium budget. The remaining overlay work approved for 2017 on James Street, between Central and Clark Avenues was deferred to 2018. The S. 212th Way overlay, near Winco Foods, proceeded in 2017 in lieu of the work on James Street. Staff will review the remaining 2018 overlay projects with the Committee. Formal action for the 2019/2020 overlay projects is anticipated to occur as part of the 2019/2020 budget process. To position the City in the most advantageous bidding timeframe, staff needs to begin working on 2019 projects in the near future. 9. Information Only/Quiet Zone Chad Bieren, Deputy Public Works Director / City Engineer noted that draft comments have been received from Burlington Northern. The comments included are a number of requests not related to the Quiet Zone, but important to Burlington Northern. Bieren noted that staff plans on to move forward with items necessary to establish a Quiet Zone. Bieren noted that BNSF may continue to request additional work to upgrade its facilities. Bieren will be talking with the Utilities Transportation Commission (UTC) and the Federal Rail Administration (FRA) to discuss next steps. Bieren will report back to the committee in two weeks. Adjournment: At 5:30 p.m., Committee Chair Higgins declared the meeting adjourned. Cheryl Viseth, Committee Secretary 4 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Kelly Peterson, AICP Transportation Manager SUBJECT: Traffic Signal Cabinet Replacement - Recommend SUMMARY: Traffic signals are controlled by electronic components within the traffic signal control cabinet. These components include the controller, malfunction monitor, bus interface units, vehicle loop amplifiers, emergency vehicle pre-emption module, load switches, flasher module, flash tray transfers, and cabinet power supply. These cabinets and components have a 20-year life expectancy, but several in the City system have exceeded that time frame. Although they are still functional it is very difficult to find parts or components when items fail and need to be replaced. These controllers do not have the capability of running a more complex signal with flashing yellow arrows. These cabinets will be purchased off the state contract, which includes negotiated prices that assume a higher volume of goods. EXHIBITS: Written quote. BUDGET IMPACT: This is a budgeted item, included in the B & O budget. STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Move to recommend Council authorize the Mayor to sign a Goods and Services Agreement with Western Systems, Inc., for the purchase of six (6) traffic signal cabinets and plug-in electrical components in an amount not to exceed $170,176.25, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 5 This page intentionally left blank 6 GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Western Systems, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Western Systems, Inc. organized under the laws of the State of Washington, located and doing business at 1122 Industry St., Building B, Everett, WA 98203, Phone: Phone (425) 438- 1133, Contact: Robert Nims (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: The Vendor shall supply 6 traffic signal controller cabinets wired per City of Kent's specifications. For a description, see the Scope of Work and Vendor's quote which is attached as Exhibit A and incorporated by this reference. 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 by June 30, 2018. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred and Seventy Thousand, One Hundred and Seventy Six Dollars and twenty five cents ($170,176.25), 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: The payment terms shall be net 30 days after delivery of each complete controller cabinet as described in the Vendor's quote. 7 GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) 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. 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 8 GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) 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 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. 9 GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) 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. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally 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 promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor’s receipt of notification from the C ity of the existence or discovery of the defect. 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 an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to 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 10 GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) 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 B 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. 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. 11 GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) 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 to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. 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. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Robert Nims Western Systems, Inc. 1122 Industry St., Building B Everett, WA 98203 (425) 438-1133 (telephone) (425) 438-1585 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department 12 EEO COMPLIANCE DOCUMENTS - 1 of 3 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: _________________________________________ 13 EEO COMPLIANCE DOCUMENTS - 2 of 3 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. 14 EEO COMPLIANCE DOCUMENTS - 3 of 3 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: _________________________________________ 15 lfesfsrnSystems 1iìno!¿ii!e i l;n:p+;;at;or 5i;i;ircns 1 122 Industry Street, BldS. B 98203 Phone (425) 438-1133 42 Jan 31,2019 Quotation # WSQ WA-RN3599SC Attention: Mike Sorensen / City of Kent Quotation -P+ fl-S2-1) 64Ch Knockdown We are pleased to provide this quotation for controller cabinets and plug-in electronic equipment. All Euipment can be purchased through WSDOES Contract # 04616 will all applicable discounts factored into the pricing. lf you have any'questions, pbäse let us know. Bid ttem #1:Type P-Plus (tS2-1) 64CH Cabinet 6 - Type P+ controller cabìnet wired per City of Kent (TS2-1) specifications and including: Type P+ aluminum (2-door) enclosure (unfinished outside / white inside), UL listed with continuous welds, rolled stock handle on main door, hex handle on side door, Bestru CX core locks and riser frame (unfinished) with; 1G-position (TS2-1) load bay, AC ouflet panel, auxiliary switchpanel,detectorpanel64channel,(1)detectorrackwiredforl-BlU/16-channásofdetection/4-preemþtion channels, (3) detector racks wired for 1 - BIU / 16 - channel of detection, fan & thermostat assemblies, load iesistor panel, relay UPS load shedding panel, power supply interface panel, power panel, (4) TS2 cables, generator transfer cable, (4) unused phase línks and final assembly Western Systems Part # 3012500005, 3310000000, 2510513017, 2010000040 lncludes the following plug-in devices: 1 - Smart monitor 16 channelenhanced MMU w/FYA support & Ethernet Eberle Design. lric, (EDl) Part # MMU2.16LElp 1 - Power supply shelf mount 5A Eberle Design. lnc. (EDl) Part # PS250 6 - Bus interface unit % width Eberle Design, lnc. (EDl) Part # BIU-700H 16 - Load switch cube with l/O indicators Power Distribution & Control (PDC) Part # SSS-B7|/O 1 - Flasher cube Power Distribution & Control (PDC) Part # SSS-87 6 - Flasher transfer relays Dehol Part # 295 16 - Loop amplifier 4 channel %width TS2 LED disptay Eberle Design. lnc. (EDl) Part # LMD624H 1 - UPS power module 1100W w(6) retays & 120V inpuUoutput tp/SNMp Alpha Part # FXM1100UPS/SNMP 1 - Automatic transfer switch assembly with surge & RpA 120V Aloha Part # 020-168-25 1 - Remote battery management system; conholler, sensor interface cables, CatSe cables (4) BS3B-12-4 Ee sensors Alpha Part # 0370260-002 1 - Battery cable harness kit 48V 9.8ft 7*20 terminals Alpha Part # 740-628-27 4 - BatteryAlphaCell220GOLD-HP cXL 1094H/73tb Aloha Part # 220G0LD-HP $ 25.589.80 unit $153.538.I extended EXHIBIT A 16 lÅlestarn$ysfems ¡iltiÌ-,¿ ii!r Ì:¡rspöfl .3:¡Ðn Sô;ul¡ûns 1 122 Industry Street, Blde. B Phone (425) 438-1 133 Everett 98203 Fax (42s) 438-1585 Bid ltem #14;WSDOES Processing Fee 1 - WSDOES usage fee at0.76o/0. Western Systems Part # 9999999900 $ l.l66.s I lumo sum cl Purchase Order: All purchases require a formal purchase order. Emails or verbal cornmuniøtion does not constitute Delivery: 90-f 10 days after release. Frekrht Terms: FOB DestÍnation. an ãcEþïãble purdase order. Validity Period: 60 days from date ofquotation. Taxes: Unlæs cunenl resale certiføte is on file wiür Wætem Systems, purdraser shall be ræponsible fø all, tariffs, duties or sales or use taxes in addition to hequoted prie herein. Pavment Terms: Net 30 days / we impose a surdurge of 2% on the tansac{ion amount on VISA and Master Card øedit card products, which is not greater üran our cost of acceptance. We do not surcharge VISA and Master Card debit cards. All prices are quoted as USD funds. Non-P-avnent Perìalties: lf payment has not bee¡ received within tams, üre purchaser will be considered in default Westem Systems will be entifed, wifrout prejudice to our oher rights, witrout sewing notiæ of default, to ctrarge ûre purdraser for all cosb incurred such as administration, storage, legal advice etc. The unpaidporfÍonofanyamountdueloWestemSystemswill bearinterestatherateof 1.5%pømonthsimpleinterest WestemSystemsiæeÑestherighttohold goods until atstomer balances heir acccx.¡nt glgdig0f: Upon Buyer default of hæe terms, Western Systerns may, in addition to any oher rights ø remedies at conhact or law, dedare he entire balance of Buyer's account immediately due and payable. lf unpaid balance is refened for collections, Buyeiagrees to pay Westem Systems, to the extent permitted by law, reasonable aftomey fees in addition to all damages oürenrvise available, plus any canrt æsb oi expãnses inäuied ly Westãm Syétems, ptus any nnanæ *ra[ó accrued on any unpaid balance owed by Purdrasø. 9Émen¡+-Qaneella- lion Policf: Order deferment ø cancellation once materials have been released will be subject to cancellation and/or restocking fees. DocumentAlion: Any operalional documentaüon supplied as a part of his quotation remains he property of Westém Systems and may not be copied]reproduced, transmitted ø communicated to 3d parties wibout he express written consent of western Systems. 9n-Site Servicqs: This quotation does not provide or imply any on-site support services for lhe producb on üris quotation unless mentioned specifiølly as part of this quotation. Quotations for support services will be made upur request by purdraser. WanAlU: Standard one year wananty on matøial goods manufacfured ø iupplied by Westøn Systems from the date of manufacfurers factory shipment unless supaseded by an additional manufaciurer's wananty, provided such goods are maintained and oþaated in aæudance with manufacturers standard mehod of operation. For additional information on Westem Systems wananty; please send an email to info@westemsvstems-inc.com Retum ald Rætocking.Policy: Westem Systems will be the sole source in delermining whether any tten ts e gible for retum. To be eligible the item(s) must be standard produc{ models, neu/ and unused, in $re original packaging, and invoiced wihin the last g-0 days. Rıtocking fees are applied"to all returs'ahd .an uary between 20-50% based on annualsalæ ac'tivity. ln no case will Westem Systems be obligated to take retums for maierials that áre obsolete, ctstom orders orpast he 90day invoice period. EQIçe lrAieule: Westem Systems, lnc. shall in no evenl be ræponsible fø delays in performance due to actions beyond its reasonable control including wiürout limitation ac{s of God, skikes, labor shortage or disfurbance, llre, aæident, war,'civil disfurbance or canier delays. Westem Systems, lnc aæepls no liability for enors or ornissions or he aæuracy ø he completeness of tris qúotation. lt has been prEared to fre best of our knowledge per plans, specificalions, doc¡¡mentation and communiætions provided but we dô not guarantee hese to be acqrrate or of the latest revisiø1. Determination of acaracy of this Cugtatlgn and final quantities are $e soleræponsibility of recipiãnt. Wætern Systems, lnc. shall in no event be liable br any special, consequential, incidental or liquìdated damagæ (including wiûrout limitation damagæ for loss of use of fäciiltiæ ø equipmenl loss of revenue, loss ofprofb or loss of goodwill), rEardless of wheürer sellø (a) has been informed of the possibility of sudr damages or (b) is negltgånt Sincerely, WESTERN SYSTEMS P,"ltarl W. N;rt-, President 2 17 18 19 This page intentionally left blank 20 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Kelly Peterson, AICP Transportation Engineering Manager SUBJECT: Veterans Drive Funding Commitment Letter - Recommend SUMMARY: In 2015, the WA State Legislature passed a transportation package which included Gateway Program, which extends SR167 in Pierce County and SR 509 in King County. When the legislature passed this program, local contributions were required to help fund the construction of these projects. If local contributions are not identified, elements of the Gateway projects, such as the Veterans Drive extension would likely get eliminated. Kent has an opportunity to partner with WSDOT to request grant funds to help fill the local gap and ensure Veterans extension is constructed. Kent is talking the lead on a PSRC Regional Grant that will be requesting $4.5 Million to match a $1 Million contribution from the City. To date the process has included a competition in front of the South County Area Transportation Board – Technical Advisory Committee. This Veterans Drive project ranked first, and was subsequently voted on by the SCATBd to move on in the next phase of the regional competition. Projects still need to be approved through the King County Project Evaluation Committee, the Regional Project Evaluation Committee and the Transportation Policy Board. Screening forms are due to PSRC on March 12, 2018, which includes a letter of commitment for all sources of funding. Staff recommends authorizing the Mayor to the sign the commitment letter. EXHIBITS: Draft commitment letter BUDGET IMPACT: Grant funds would not be available until October 2020. This commitment would be incorporated into the 2019-2020 budget. STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Move to recommend Council authorize the Mayor to sign a letter of commitment for one million dollars for matching funds to support Kent’s application to the Puget Sound Regional Council grant for the Veterans Drive extension, a part of the Connecting Washington Gateway program, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 21 This page intentionally left blank 22 OFFICE OF THE MAYOR Dana Ralph, Mayor 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6700 PHONE: 253-856-5700 March 7, 2018 Josh Brown, Executive Director Puget Sound Regional Council 1101 Western Avenue, Suite 500 Seattle, WA 98104-1035 RE: SR 509 – Veterans Drive Extension Dear Mr. Brown: The City of Kent supports the Gateway Program Projects including the SR 509 Extension Project in King County. Kent is applying for Surface Transportation Program grant funds and the Kent City Council voted on the March 6, 2018, to commit $1,000,000 to matching funds for the grant application. Funds provided by Kent, will go towards the local contribution mandated by the Washington State Legislature when the Connecting Washington Transportation package. Please contact, Kelly Peterson, Transportation Engineering Manager, at (253)856-5547 if there is any additional information we might be able to provide. Sincerely, Dana Ralph Mayor cc: Tim LaPorte, Public Works Director Chad Bieren, Deputy Director/City Engineer Kelly Peterson, Transportation Engineering Manager 23 This page intentionally left blank 24 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Steve Lincoln, P.E. Environmental Engineer SUBJECT: Contract Agreement with GeoEngineers for the Kent Airport Levee FEMA Conditional Letter of Map Revision (CLOMR) Application - Recommend SUMMARY: The Kent Airport Levee is located on the left bank (south side) of the Green River, between SR 167 and the Union Pacific Railroad Tracks. In previous FEMA preliminary floodplain maps, the area protected by the Kent Airport Levee was shown to be mapped in the FEMA floodplain. Businesses and properties that are mapped in the FEMA floodplain are faced with lower property values, strict development regulations, and often are required to secure FEMA flood insurance policies. FEMA has agreed to temporarily “seclude” this area from FEMA floodplain mapping, due to the ongoing engineering work on this accreditation plan. This contract with GeoEngineers, Inc. is to prepare a Certified Letter of Map Revision (CLOMR) submittal package to submit to FEMA. The work includes soils testing, geotechnical analysis of the proposed levee alignment, and hydraulic modeling of the Green River. The CLOMR package will include a preliminary design and levee certification study for the Kent Airport Levee. EXHIBITS: Contract BUDGET IMPACT: Funding for this contract will come from budgeted drainage utility funds. STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Move to recommend Council authorize the Mayor to sign a Consultant Service Agreement with GeoEngineers, Inc. for Engineering Services on the Kent Airport Levee FEMA Conditional Letter of Map Revision (CLOMR) Application in an amount not to exceed $364,807.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 25 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) 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, 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 assist with the preparation of the Conditional Letter of Map Revision (CLOMR) submittal package for the Kent Airport Levee 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, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Sixty Four Thousand, Eight Hundred Seven Dollars ($364,807.00), 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. 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: 26 CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) 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 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. 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 duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 27 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. 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 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 28 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. 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. / / / / / / / / / / / / 29 CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Lyle Stone GeoEngineers, Inc. 1101 S. Fawcett Ave., Suite 200 Tacoma, WA 98402 (253) 383-4940 (telephone) (253) 383-4923 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers - Kent Airport Levee 2/Lincoln 30 EEO COMPLIANCE DOCUMENTS - 1 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: _________________________________________ 31 EEO COMPLIANCE DOCUMENTS - 2 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. 32 EEO COMPLIANCE DOCUMENTS - 3 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: _________________________________________ 33 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 EXHIBIT A GEOENGINEERS, INC. KENT AIRPORT LEVEE CLOMR APPLICATION LEFT BANK OF THE GREEN RIVER, FROM VETERANS DRIVE TO SOUTH 204TH STREET KENT, WASHINGTON FEBRUARY 21, 2018 FILE NO. 0410-199-00 INTRODUCTION AND PROJECT APPROACH The purpose of this project is to construct and certify the Kent Airport Levee flood protection system. This will protect for a portion of Kent located south of the Green River, north of South 277th Street and in between State Route (SR) 167 and the Union Pacific Railroad right-of-way (ROW). The levee system will be used to revise Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) through the Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) process. This phase of the project includes preparing the CLOMR submittal package for the City of Kent (City). We understand that the City will provide notice to proceed for each individual task. We anticipate that the CLOMR can be submitted to FEMA for review about six (6) months after receiving a signed agreement and the first notice to proceed. We have attached an estimated project schedule that anticipates submitting the application on or before October 8, 2018. This schedule is based on the assumption that notice to proceed on Tasks 1 through 4 is provided on or before March 26, 2018 and that notice to proceed on Tasks 5 and 6 is provided on or before May 28, 2018. For the purposes of developing this scope and budget, we have assumed that the proposed ring levee alignment adjacent to the Union Pacific Railroad ROW will not require substantial changes to existing utilities. Once we begin our analysis we will evaluate this and other assumptions to determine if the alignment or other work elements will need to be modified. In the event that this or other assumptions are found to be invalid we will promptly notify the City and work to modify the project approach and scope as needed. There is a contingency task included in this scope to address some of these potential issues. This design will be based on Phase I of the two-phase approach outlined in our Draft Conceptual Design Alternatives Analysis. The intent will be to use existing infrastructure to the extent practical to provide protection based on the 100-year design flood. If new levee sections or modifications to existing sections are required, the new levee sections will be designed either for the 500-year flood level (floodwalls) or so that they can be easily modified to the 500-year flood level (embankment levee) in the future. Analysis provided for the CLOMR will be based on the 100-year flood level. 34 City of Kent | February 21, 2018 Page 2 File No. 0410-199-00 SCOPE OF SERVICES Task 1 Project Management and Team Coordination Activities ■ Coordinate work flow between GeoEngineers, NHC, and City of Kent. We will initiate discussions with FEMA as needed to confirm project specific constraints or concerns regarding the CLOMR process for this levee segment. ■ Organize project coordination meetings. The purpose of these meetings will be to: (1) update the City on project progress, (2) request information from the City as needed, and (3) seek input from the City regarding design decisions. We anticipate that 1- to 2-hour coordination meetings will be scheduled every other week or twice per month for the duration of the project. ■ Attend one meeting, if needed, at the FEMA Region X Offices in Bothell, Washington to discuss levee alignment or other project constraints. ■ Attend one meeting, if needed, at the Washington State Department of Transportation (WSDOT) Regional Offices to discuss franchise agreements or other project constraints. Deliverables ■ Meeting agenda, minutes, and action items, as appropriate. Assumptions ■ City of Kent will lead coordination efforts with King County, WSDOT, and other local agencies as required. Task 2 Levee Stability Analysis and Certification Activities ■ Review and compile existing subsurface explorations and develop a subsurface design profile. We will review documents provided by the City of Kent and from our in-house files. We will also search public records (WSDOT and King County) for data from adjacent roadway projects. ■ Implement a subsurface investigation program. We will advance 15 to 20 subsurface explorations, or about one exploration per 650 to 900 feet of levee, 30 to 60 feet below ground surface (bgs). We will use a combination of mud-rotary borings and Cone Penetration Test (CPT) soundings. We have assumed a total of 200 linear feet of mud-rotary drilling and 600 linear feet of CPT soundings in our budget estimate. Our subsurface exploration program will include:  Coordinating clearance and location of existing underground public utilities in the project area. We will contact the Washington Utilities Coordinating Council “One Call” service prior to beginning explorations. We request that City of Kent personnel confirm that exploration locations are clear from potential damage to City-owned underground utilities.  Obtaining street use and ROW access permits from City of Kent and King County, as appropriate.  Completing laboratory tests on representative samples of the soils, including tests for moisture content, density, Atterberg Limits and particle size distribution, as appropriate. 35 City of Kent | February 21, 2018 Page 3 File No. 0410-199-00 ■ Perform foundation stability and seepage analyses for earthen levees and global stability analyses for structural floodwalls using the Seep/W and Slope/W computer programs. We will evaluate cross sections under the conditions outlined in U.S. Army Corps of Engineers (USACE) Engineering Manual EM 1110-2-1913 “Design and Construction of Levees” and USACE Engineering Circular EC 1110-2-6067 “USACE Process for the National Flood Insurance Program (NFIP) Levee System Evaluation.” The design cases that will be evaluated include End of Construction, Steady State Seepage during Full Flood Stage, Sudden Drawdown, and Seismic. We anticipate the stability and seepage analysis will include an evaluation of thirteen (13) cross sections. ■ Perform a seismic deformation analysis of the levee as appropriate. We will evaluate potential seismic deformations of the levee and floodwall system based on the results of the stability analysis and using a simplified Newmark displacement analysis. ■ Perform a settlement analysis of the levee embankment that assesses the potential for settlement of the levee to reduce freeboard over time. The settlement analysis will be based on methods from the USACE Engineering Manual 1110-1-1904 “Settlement Analysis” and standard local engineering practice. ■ Provide a preliminary analysis of floodwalls. We will evaluate floodwalls in accordance with FEMA and USACE requirements for floodwall design. We will evaluate floodwalls for stability in accordance with USACE EM 1110-2-2502 “Retaining and Floodwalls” and EC 1110-2-6066 “Design of I-Walls”. Deliverables ■ Draft and Final Levee Analysis and Certification Report. Assumptions ■ Structural detailing (design of steel reinforcing or connections) of floodwalls will not be required for the 30 percent design. ■ Detailed seismic analysis such as a site-specific seismic analysis or finite difference numerical modeling of seismic deformations will not be required. Task 3 Hydraulic Analysis Hydraulic analysis will be performed by NHC with oversite and coordination from GeoEngineers. NHC’s scope of services is attached and includes additional information regarding details of the technical analysis, deliverables, and assumptions. Activities ■ Perform an interior drainage analysis to determine residual flood levels inside the accredited ring levee due to backed up stormwater lines during periods of high river flow. This analysis will be used for a frequency analysis to determine 100-year ponding water surface elevations landward of Green River outfalls. ■ Use the results from the Flo2D model completed in Phase I of this project and interior drainage analysis to remap the flood hazard zones and Base Flood Elevations (BFEs) that would change as a result of the proposed levee accreditation. The 100-year results will be used for flood mapping while the 500-year results will be used to determine necessary levee crest elevations. 36 City of Kent | February 21, 2018 Page 4 File No. 0410-199-00 Deliverables ■ Tabulated 100-year water surface ponding elevations incorporated into the floodplain maps. ■ A workmap as well as annotated FIRMs for each FEMA map panel will be created in pdf file format suitable for inclusion in a CLOMR submittal. ■ GIS shapefiles of the revised flood hazard zones and BFEs. ■ Technical memorandum documenting the model results, mapping, and scour/embankment protection considerations. Assumptions ■ No additional Flo2D model runs are required. Modeling completed in Phase I of this project will be used. ■ The 100-year flow will be from the FIS study. The 500-year flow is from a 2012 USACE study. ■ City will provide stormwater infrastructure data in GIS shapefile format. ■ Our budget includes one-half day of field work to spot verify the stormwater outfall information. No other field work is required. ■ Two FEMA map panels will require revisions, located along the left bank of the Green River. Revision of the right bank flood hazard zones are not required. ■ Maps are not required for the 500-year results since this flood simulation will only be used to inform design. ■ There are no model cross sections in the bend of the river adjacent to the Kent Airport Levee. Therefore, the scour analysis will be performed using reach-averaged HEC-RAS hydraulic results. No survey is budgeted. ■ One round of revisions to the work products is budgeted for following City comments, and one round following FEMA comments. Task 4 Biological Assessment and Wetlands Analysis Activities ■ Research baseline environmental conditions by reviewing published documentation to develop an understanding of the baseline conditions prior to conducting the field reconnaissance. ■ Complete a field reconnaissance to delineate the ordinary high water mark (OHWM) and wetland extents, as well as assess riparian buffer conditions within the project area. ■ Coordinate with City’s surveyors to record the OHWM and wetland boundaries identified during the field reconnaissance. ■ Produce a draft Wetland/Stream Critical Areas Assessment report according to local City of Kent code. This report will address regulated wetlands, streams, and wildlife habitats that occur within the project area. In addition to written documentation, GeoEngineers will prepare figures depicting the regulated areas within the project that may be impacted by the project; figures will be developed based on information provided by the City of Kent, including professional land survey of wetland/ 37 City of Kent | February 21, 2018 Page 5 File No. 0410-199-00 OHWM boundaries. This information will be used during development of the 30 percent design, as well as incorporated into the Biological Assessment report as applicable. ■ Produce a draft Biological Assessment (BA) report according to the Guidance for Compliance with Endangered Species Act from Letter of Map Change document provided by FEMA. In addition to written documentation, GeoEngineers will prepare figures depicting the general location of the project and the area that will be impacted by the project. ■ Update the draft Critical Areas Assessment and BA reports based on one round of comments from the City and produce final reports. ■ Provide an estimate, in terms of acres, of wetland creation or improvement that could be required to mitigate for potential impacts to wetlands and/or wetland buffers. ■ Submit the final BA report to the Services (National Marine Fisheries Service [NMFS] and U.S. Fish and Wildlife Service [USFWS]) to initiate Endangered Species Act (ESA) consultation. Coordinate with the City and the Services to document concurrence with the effect determinations from the BA report. ■ If review and comment cannot be obtained from the Services, written documentation of our attempts to contact the Services will be provided in accordance with the process identified in the FEMA guidance document. Deliverables ■ Draft and Final Wetland/Stream Critical Areas Assessment Report. ■ Draft and Final Biological Assessment Report. ■ Written concurrence letters from the Services or written documentation of attempts to contact the Services if letters from the Services cannot be obtained. Assumptions ■ No work will be proposed below the OHWM. ■ Design of mitigation measures for impacts to wetlands or wetland buffers will not be included in the 30 percent design. ■ The project will be assumed to have no effect or be not likely to adversely affect ESA-listed species that may occur in the project area. Formal consultation with the Services is not anticipated. ■ Property access and right-of-entry will be arranged by the City and granted to GeoEngineers in order to complete the fieldwork identified above. ■ The City will provide professional land survey of wetland and OHWM delineations. OHWM delineation will exclude the Green River. We understand the Green River hydrograph is dam-release controlled and the controlled elevations are known throughout the project reach. OHWM for the Green River will be based on these data and topographic data. Task 5 Levee 30 Percent Design Activities ■ Integrate survey provided by the City with Light Detection and Ranging (LiDAR) data to provide a base map suitable for 30 percent levee design. The City provided survey will include utilities, 38 City of Kent | February 21, 2018 Page 6 File No. 0410-199-00 topography, property lines, wetlands and OHWM (as delineated by GeoEngineers), top of bank, significant ground features such as trails, pavement and structures, and other important information. GeoEngineers will supplement the City provided base map with LiDAR in areas where necessary. ■ Review river modeling data and extract relevant flood elevations as the basis for design; and, based on flood protection criteria provided by the City, determine the design levee crest elevations. ■ Develop a levee alignment and stationing consistent with City protocols. ■ Develop of summary table of key design data (i.e., existing ground surface elevations, river flood elevations, levee crest elevations) at 100-foot intervals for project team review. ■ Prepare 30 percent design drawings consisting of the following (drawings will bear the unsigned seal of a professional engineer):  Approximately 25 to 30 sheets in plan and profile format at 1 inch = 20 feet scale. The alignment is assumed to extend along the Interurban Trail from the Green River, south to South 277th Street, west along South 277th Street to 72nd Avenue South, north in the City ROW along 72nd Avenue South to the Green River, and along the Green River between SR 167 and the Interurban Trail.  Cover Sheet  Construction Notes  Sheet Layout Overview drawing  Levee typical sections drawing. Typical levee sections are expected to consist of floodwalls and low permeability soil embankments, which include an asphalt path on the top and topsoil side slopes.  Temporary erosion and sediment control notes and detail sheet (based on typical City details and notes). Plans will be prepared using City of Kent design and drafting standards. ■ Prepare 30 percent design level estimate of construction costs. ■ Prepare a brief memorandum summarizing the design elements and design criteria, overview of potential impacts to wetlands, utilities, properties, traffic, and local businesses, estimated project construction cost (assuming construction of entire project in one effort, no phasing), and recommendations/data gaps related to final design. A summary table identifying how the design meets NFIP 65.10 requirements will be provided. Deliverables ■ Brief letter with figure showing the proposed alignment and levee section types, with description of the rationale for the proposed features, including data table of elevations. ■ Draft and revised 30 percent design level drawing set. ■ Draft and revised 30 percent design level estimate of construction costs. 39 City of Kent | February 21, 2018 Page 7 File No. 0410-199-00 Assumptions ■ The City owns or will purchase property as needed for the levee footprint and access easements for levee maintenance. The City will arrange for access agreements for GeoEngineers staff to enter property owned by others if needed. ■ The following obstructions and design issues will not be addressed in detail, only in a conceptual manner for the 30 percent design drawings:  Sanitary sewer pump station adjacent to proposed levee ROW along SR 167 will be shown to be surrounded by floodwall as needed. No modifications to pump stations are expected.  Olympic Pipeline within proposed levee ROW along the Interurban Trail from the Green River south to South 277th Street.  Puget Sound Energy pipeline within proposed levee ROW along the 72nd Avenue South.  High voltage overhead powerline in proposed levee ROW along the Interurban Trail will remain. High voltage powerline design constraints will be identified prior to 30 percent design and will not require changes to the scope.  Overhead power and underground power in the levee ROW along and across numerous areas of proposed alignment, including preliminary identification of utilities that may need to be re- located, and overhead power lines that may need to be relocated or raised. ■ Access roads connecting to the proposed levee crest access road will be designed at the conceptual level. ■ Levee embankment tie-ins or crossings at existing roadway embankments or railroad embankments will be not be addressed in detail, only in a conceptual manner. Roadway geometric design will not be included in the 30 percent design drawings. ■ No design work (i.e., ditches, culverts, pump stations, etc.) to address interior drainage is needed. Tide flex valves or other appropriate closure structures will be called out for existing drain pipes as needed. ■ Design work will not include structural, architectural, utility, roadway, or drainage elements. Surface finishes will be gravel or topsoil and hydroseed. Landscaping will not be designed. The levee will not require armor stone or habitat features will not be addressed at the 30 percent design level. Site-specific temporary and permanent erosion control measures will not be designed. ■ Plan sheets will depict wetlands and other critical areas as determined by GeoEngineers and others if data are provided to us in AutoCAD format. The total area of wetland impact based on the proposed levee footprint will be determined. Concept level or final design of wetland mitigation is not included but can be completed under a supplemental scope of services. ■ Specifications or complete bid documents will not be developed at the 30 percent design level. Task 6 CLOMR Submittal/FEMA Accreditation Activities ■ GeoEngineers and NHC will work together with the City to prepare the required documentation to FEMA to support a CLOMR after the team has completed the required science and documentation that meets the CLOMR criteria for approval. 40 City of Kent | February 21, 2018 Page 8 File No. 0410-199-00 ■ GeoEngineers will prepare a project specific Operations and Maintenance Manual similar to the Operations and Maintenance Manuals currently used for existing Green River Levees. ■ GeoEngineers and NHC will address one round of comments and make minor edits to submittal documents as appropriate. Deliverables ■ FEMA MT2 Forms ■ Levee Operations and Maintenance Manual ■ Final submittal package including all scoped components of the CLOMR submittal (see above) and formal introduction letter. Assumptions ■ The City will assist GeoEngineers in revising the Operations and Maintenance Manual and with coordination of other levee maintenance stakeholders (King County). Preparation of the Manual will require cooperation from City public works, engineering, and maintenance personnel. The Operations and Maintenance Manual will also require formal adoption from the City Council or other appropriate governing body. ■ We will endeavor to complete the certification with as few reviews as possible. However, levee certification reviews can be subjective, and regulations can be interpreted in different ways by different reviewers. We have budgeted for one round of comments and associated minor edits to reports. Task 7 Contingency The purpose of this task is to address issues with the proposed levee alignment, additional analysis, or additional design required for the CLOMR submittal. We anticipate that this contingency could be used for: ■ Supplementing geotechnical explorations. ■ Providing a flooding risk-based analysis for the purposes of reducing freeboard requirements (NHC). ■ Addressing interior drainage issues such as required increased pump capacity. ■ Addressing additional design issues required to prepare 30 percent design plans. ■ Addressing additional FEMA review comments. This scope item will not be used without first receiving explicit authorization from the City of Kent project manager. LJS:KTF:tt Attachments: Exhibit B. Fee Estimate CLOMR Schedule NHC Scope of Services Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2018 by GeoEngineers, Inc. All rights reserved. 41 Administration Principal (Ken Fellows, and dicipline specific reviewers) Associate Engineer (Lyle Stone) Staff 3 Geotechnical Engineer (Basel Kitmitto) Staff 1 Geotechnical Engineer Senior Biologist (David Conlin) Staff 3 Biologist (Adam Wright) Staff 2 Civil Engineer (Ryan Pearson) CAD Design Coordinator (Chad Stickel) Support (Various) Includes GIS Total Hours Direct Expenses and Subcontractors Fee Estimate Rate Rate Rate Rate Rate Rate Rate Rate Rate $246 $225 $154 $116 $196 $147 $135 $125 $110 Task Description Hours Hours Hours Hours Hours Hours Hours Hours Hours 1.0 Project Management and Team Coordination Coordination with NHC and City 8 40 48 $7,200 Team Meetings, Including Agenda and Minutes 15 15 6 6 36 78 $196 $14,025 $21,225 2.0 Levee Stability Analysis and Certification Review Existing Data 41212 8 36 $5,020 Subsurface Exploration 2662 12 82 $458 $9,886 Subsurface Exploration Subcontractors (In-Situ Engineering)0 $10,900 $12,535 Subsurface Exploration Subcontractors (Holocene Drilling)0 $10,959 $12,603 Subsurface Exploration Subcontractors (Traffic Control)0 $9,000 $10,350 Subsurface Exploration (GeoEngineers Laboratory) 1 4 4 9 $1,750 $3,031 Seepage and Stability Analysis 26 72 84 8 190 $27,682 Seismic Defformation Analysis 416 20 $2,756 Settlement Analysis 212 14 $1,842 Floodwall Analysis 616 22 $3,814 Levee Certification Report (Draft and Final) 24 32 32 20 108 $16,240 $105,759 3.0 Hydraulic Analysis NHC $33,480 $38,502 $38,502 4.0 Biological Assessment Research Baseline Environmental Conditions 4 4 6 14 $2,032 Delineate OHWM and wetland boundaries 24 24 4 52 $8,672 Wetland Assessment Report (Draft and Final) 6 12 30 24 12 84 $12,558 Biological Assessment (BA) Report (Draft and Final) 6 40 20 12 12 90 $15,076 NMFS and USFW Coordination 14 4 18 $3,184 $41,522 5.0 Levee 30 Percent Design Integrate City Survey with LiDAR (base map) 5 12 12 29 $4,350 Review/Extract River Modeling Data 15 20 16 51 $8,390 Develop Levee Alignment and Stationing 6 3 12 12 33 $5,271 Prepare 30% Design Drawings 36 10 216 288 550 $76,266 Prepare 30% Design Level Estimate of Construction Costs 16 6 48 6 76 $12,516 $106,793 6.0 CLOMR Submittal/FEMA Accrediation Coordination with NHC and City to Prepare Submittal 4 16 16 4 16 56 $9,004 Project Specific O&M Manual 2 8 20 8 38 $5,872 Response to FEMA Comments 8 16 8 8 4 8 4 56 $10,476 $25,352 Task Estimated Fee Task Estimated Fee Task Estimated Fee Task Estimated Fee Kent Airport Levee CLOMR Application Kent, Washington Exhibit B: Fee Estimate Project Management and Technical Oversight Civil Engineers and DesignersBiological Sciences and PermittingGeotechnical Engineers Task Estimated Fee Task Estimated Fee File No. 0410-199-00 Exhibit B Fee Estimate | February 21, 2018 42 Administration Principal (Ken Fellows, and dicipline specific reviewers) Associate Engineer (Lyle Stone) Staff 3 Geotechnical Engineer (Basel Kitmitto) Staff 1 Geotechnical Engineer Senior Biologist (David Conlin) Staff 3 Biologist (Adam Wright) Staff 2 Civil Engineer (Ryan Pearson) CAD Design Coordinator (Chad Stickel) Support (Various) Includes GIS Total Hours Direct Expenses and Subcontractors Fee Estimate Rate Rate Rate Rate Rate Rate Rate Rate Rate $246 $225 $154 $116 $196 $147 $135 $125 $110 Task Description Hours Hours Hours Hours Hours Hours Hours Hours Hours Project Management and Technical Oversight Civil Engineers and DesignersBiological Sciences and PermittingGeotechnical Engineers 7.0 Contingency GeoEngineers $25,000 $25,000 Total Labor (GeoEngineers)119 151 156 218 108 82 428 382 110 1,754 $288,413 GeoEngineers Direct Expenses $2,404 $2,404 Subcontracts (NHC and Drilling subcontractors)$64,339 $73,990 $364,807 Task Estimated Fee Total Estimated Fee File No. 0410-199-00 Exhibit B Fee Estimate | February 21, 2018 43 ID Task Mode Task Name Duration Start Finish 1 Notice to proceed Tasks 1, 2, 3, and 4 0 days Mon 3/26/18 Mon 3/26/18 2 Notice to proceed Tasks 5 and 6 0 days Mon 5/28/18 Mon 5/28/18 3 2.0 Levee Stability and Certification 101 days Mon 3/26/18 Mon 8/13/18 4 Geo Obtain and Review Existing Data 15 days Mon 3/26/18 Fri 4/13/18 5 Coordinate Explorations 15 days Mon 4/16/18 Fri 5/4/18 6 Perform Explorations 10 days Mon 5/7/18 Fri 5/18/18 7 Geo Seepage and Stability 21 days Mon 5/21/18 Mon 6/18/18 8 Geo Seismic Deformation 5 days Tue 6/19/18 Mon 6/25/18 9 Geo Settlement 3 days Tue 6/19/18 Thu 6/21/18 10 Geo Floodwall 5 days Tue 6/19/18 Mon 6/25/18 11 Geo Levee Certification Report (Draft)15 days Tue 6/26/18 Mon 7/16/18 12 Geo Levee Certification Report (Final)5 days Tue 8/7/18 Mon 8/13/18 13 3.0 Hydraulic Analysis 60 days Mon 4/16/18 Fri 7/6/18 14 NHC Interior Drainage Analysis 20 days Mon 4/16/18 Fri 5/11/18 15 NHC Floodplain Mapping (Prelim)10 days Mon 5/14/18 Fri 5/25/18 16 NHC Floodplain Mapping (Final)5 days Mon 6/18/18 Fri 6/22/18 17 NHC Tech Memo 10 days Mon 6/25/18 Fri 7/6/18 18 4.0 Biological Assessment 101 days Mon 3/26/18 Mon 8/13/18 19 Geo Research Baseline Env Conditions 5 days Mon 3/26/18 Fri 3/30/18 20 Geo Delineate OHWM 10 days Mon 4/2/18 Fri 4/13/18 21 Wetland Assessment Report (Draft)6 days Mon 6/4/18 Mon 6/11/18 22 Wetland Assessment Report (Final)3 days Tue 7/17/18 Thu 7/19/18 23 Biological Assessment Report (Draft)10 days Tue 6/12/18 Mon 6/25/18 24 Biological Assessment Report (Final)3 days Tue 7/17/18 Thu 7/19/18 25 NMFS and USFW Coordination 2 days Fri 8/10/18 Mon 8/13/18 26 5.0 Levee 30 Percent Design 96 days Mon 6/4/18 Mon 10/15/18 27 Integrate City Survey with LiDAR (base map)5 days Mon 6/4/18 Fri 6/8/18 28 Develop Levee Alignment and Stationing 5 days Tue 6/19/18 Mon 6/25/18 29 Prepare 30% Design Drawings (Prelim)30 days Tue 7/10/18 Mon 8/20/18 30 Prepare 30% Design Drawings (Final)15 days Tue 9/11/18 Mon 10/1/18 31 Prepare 30% Design Level Estimate of Construction Cost 10 days Tue 10/2/18 Mon 10/15/18 32 6.0 CLOMR Submittal 100 days Tue 8/21/18 Mon 1/7/19 33 Prepare O&M (Draft)10 days Tue 8/21/18 Mon 9/3/18 34 Prepare O&M (Final)5 days Tue 9/25/18 Mon 10/1/18 35 Geo/NHC Assemble CLOMR 5 days Tue 10/2/18 Mon 10/8/18 36 Submit CLOMR 0 days Mon 10/8/18 Mon 10/8/18 37 Response to FEMA Comments 5 days Tue 1/1/19 Mon 1/7/19 38 City of Kent Tasks 131 days Mon 3/26/18 Mon 9/24/18 39 Perform Survey 20 days Mon 5/7/18 Fri 6/1/18 40 Provide Stormwater Infrastructure Data 15 days Mon 3/26/18 Fri 4/13/18 41 Geotech Report Review 15 days Tue 7/17/18 Mon 8/6/18 42 Biological Assessment Review 15 days Tue 6/26/18 Mon 7/16/18 43 Hydraulics Map Review 15 days Mon 5/28/18 Fri 6/15/18 44 Alignment Review 10 days Tue 6/26/18 Mon 7/9/18 45 30% Plan review 15 days Tue 8/21/18 Mon 9/10/18 46 O&M Review 15 days Tue 9/4/18 Mon 9/24/18 47 External Factors 201 days Mon 3/26/18 Mon 12/31/18 48 FEMA Review 3 mons Tue 10/9/18 Mon 12/31/18 49 King County O&M Review 3 wks Tue 9/4/18 Mon 9/24/18 50 NMFS and USFW Review 3 wks Fri 7/20/18 Thu 8/9/18 51 Rail Road/PSE/WSDOT/King County ROW Permision 6 wks Mon 3/26/18 Fri 5/4/18 3/26 5/28 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 10/8 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 3/25 4/1 4/8 4/15 4/22 4/29 5/6 5/13 5/20 5/27 6/3 6/10 6/17 6/24 7/1 7/8 7/15 7/22 7/29 8/5 8/12 8/19 8/26 9/2 9/9 9/16 9/23 9/30 10/7 April May June July August September October Critical Progress Task Split Task Progress Manual Task Start-only Finish-only Duration-only Critical Critical Split Baseline Baseline Split Baseline Milestone Milestone Summary Progress Summary Manual Summary Project Summary External Tasks External Milestone Inactive Task Inactive Milestone Inactive Summary Deadline Baseline Summary KentAirportLeveeCLOMRSchedule.mpp Page 1 44 SCOPE OF WORK – HYDRAULIC ANALYSIS IN SUPPORT OF AIRPORT LEVEE CLOMR DESCRIPTION OF WORK / PROJECT OBJECTIVES The City of Kent (City) is in the process of designing a new levee to remove a section of land bounded by the Green River, SR167, S 277th St, and the Union Pacific railway line from the FEMA floodplain. The City has selected GeoEngineers as the prime consultant for this work, with Northwest Hydraulic Consultants, Inc. (NHC) as a sub-consultant. This project is being completed in Phases. Phase I (completed) considered alternative alignments for the levee. The preferred alternative was a ring levee encircling the area described above. This scope of work is for Phase II, which entails the preparation of a FEMA conditional letter of map revision (CLOMR) package for the preferred alternative. TASKS, ITEMS, AND WORK PRODUCTS Task 1: Interior Drainage Analysis An interior drainage analysis will be conducted to determine residual flood levels inside of the proposed accredited ring levee. NHC will obtain the City’s stormwater infrastructure GIS files and pump station information. An HSPF (rainfall- runoff) model will be created, and the 60-year period simulated in previous Kent CLOMRs will be simulated to determine a runoff record for the period. The FIS HEC-RAS model will be modified to include a storage area representing the inside of the proposed accredited levee. The HEC-RAS model will then be run for the same 60-yr period, using the HSPF runoff as inflow to the storage area. The pump station and any other outfalls will be included in the HEC-RAS model to drain the storage area. The resulting annual peak water surface elevations from HEC-RAS will be used for a frequency analysis to determine the 100-yr ponding water surface elevation inside the proposed accredited levee. Assumptions: • City to provide stormwater infrastructure data in GIS shapefile format, including any pump station information. • Our budget includes one half day of field work to spot verify the outfall configuration and location of pump controls. No other field work is budgeted. Deliverables: • 100-yr water surface ponding elevation for the interior of the proposed accredited levee. Results will also be incorporated into the floodplain maps (Task 2) and discussed in the memorandum (Task 3). Task 2: Floodplain Mapping Flo2D modeling was completed in Phase I of this project. Results from the completed 100-yr simulations will be combined with the remaining, unchanged FIS levee failure scenarios to produce a composite water surface elevation dataset (i.e., the water surface elevation dataset will contain the water surface at each grid cell based on the maximum value from all of the levee failure scenarios in the FIS). We will use this revised water surface elevation dataset to remap the flood hazard zones and BFEs that would change as a result of levee accreditation. The same methods and assumptions used in the FIS mapping will be used in this CLOMR mapping. Interior drainage analysis results will be used to map flooding in the Airport Levee interior region. An example of the type of mapping we envision is shown in Exhibit 1. Assumptions: • Two FEMA map panels will require revisions, located along the left bank of the Green River. We do not anticipate the need to revise right bank flood hazard zones. • Maps are not required for the 500-yr results since this flood simulation is only being used to inform design. • No additional Flo2D model runs are required. Modeling completed in Phase I of this project will be used. 45 Deliverables: • A workmap as well as annotated FIRMs for each FEMA map panel will be created in pdf file format suitable for inclusion in a CLOMR submittal. • GIS shapefiles of the revised flood hazard zones and BFEs. Task 3: CLOMR Package Preparation A technical memorandum documenting the model results and mapping will be prepared. The memorandum will also discuss scour and embankment protection considerations for the levee. We will assist in the preparation of MT-2 forms, and package our report, models and data together for submittal to FEMA. One round of comments (from City) on the memorandum is budgeted for; however, we assume any additional modeling resulting from comments will be minimal (less than 6 hours). Assumptions: • There are no model cross-sections in the bend of the river adjacent to the Airport Levee. Therefore, the scour analysis will be performed using reach-averaged HEC-RAS hydraulic results. No survey is budgeted. • NHC will address hydrologic and hydraulic considerations. Biologic and geotechnical considerations to be evaluated by GeoEngineers. • One round of revisions to the work products is budgeted for following City comments, and one round following FEMA comments. Deliverables: • Technical memorandum documenting the model results, mapping, and scour/embankment protection considerations. • Hydraulic portions of MT-2 forms. • All models, maps, report, and MT-2 form will be packaged in a single zip file for easy transmittal to FEMA. Task 4: Management and Coordination Coordination with the City will be one of the responsibilities of the prime consultant; we therefore have budgeted limited meeting and management resources. Assumptions: • Five (approximately monthly) one-to-two hour conference call meetings with the City, GeoEngineers, and/or FEMA. STAFFING The Principal-in-Charge will be Mr. Vaughn Collins. Mr. Alex Anderson will serve as project manager and engineer. SCHEDULE It is anticipated that the maps and draft memorandum can be delivered three months after receiving a notice to proceed. Assuming this notice comes in late January 2018, the draft products would be delivered by the end of April 2018. Assuming two weeks for City comments, the final work products could be submitted by the end of May 2018. 46 COST ESTIMATE The cost estimate for the services described above is $33,480. A cost breakdown is shown in the table below. Northwest Hydraulic Consultants Inc.Estimate of Professional Services 12787 Gateway Dr S Prepared for: GeoEngineers Seattle, WA 98168 Project: Tel. (206) 241-6000 Fax (206) 439-2420 Date: Prepared By:Alex Anderson Staff Hours Principal (Tier 3)Eng. GIS Specialist Clerical/ Contract Totals Task 1 Interior Drainage Analysis 4 48 $7,375 Task 2 Floodplain Mapping 4 40 32 $9,386 Task 3 CLOMR Package Preparation 12 60 16 $12,340 Task 4 Management and Coordination 8 10 8 $4,252 Total Hours and Direct Labor Cost (DL)28.0 158.0 48.0 8.0 68.57 37.33 31.49 21.73 Tot al Labor Rate ($/hr)225.32$ 134.86$ $96.56 137.65$ TOTAL LABOR COST $33,353 Direct Expense Detail Units Rate Cost Mileage 50 0.54 $27 Reproduction, Couriers, & Communication $100 $127 Cost Summary Total Labor $33,353 Total Direct Expenses $127 $33,480 TASK DESCRIPTION 1/11/2018 Airport Levee Phase II 47 EXHIBIT 1: Sample FIRM Workmap showing typical edits 48 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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 $3,000,000 each occurrence, $3,000,000 general aggregate. 49 EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 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 A:VII. 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. 50 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Alex Murillo, P.E. Environmental Engineering Supervisor SUBJECT: Signature Pointe Levee Interlocal Agreement - Recommend SUMMARY: The Signature Pointe Levee is located on the right bank of the Green River between the Washington Avenue and SR 516 bridges. The area protected by the levee is above the 100 year flood plain but some areas need additional freeboard in order to be accreditable by FEMA. Additionally, much of the existing levee is too steep and needs to be set back. The King County Flood Control District has allocated funding to the project in order to study the project area and determine the preferred levee alignm ent for the project. A future interlocal agreement will be required for property acquisition, design, and construction of the project. EXHIBITS: Interlocal Agreement BUDGET IMPACT: This Interlocal agreement will provide $300,000 to the project budget and fund engineering studies. STRATEGIC PLAN GOAL(S): ☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Move to recommend Council authorize the Mayor to sign an Interlocal Agreement between the City of Kent and King County Flood Control District for the Signature Pointe Levee Project in an amount not to exceed $300,000.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 51 This page intentionally left blank 52 24 23.75 22.5 23.5 22.25 22.75 23.25 21.5 23 2221.7521.25 20.5 20.25® Signature Pointe Levee Exhibit ARiver MilesFebruary 14th, 2018 SCALE: 1" = 1000' 53 -1- AGREEMENT REGARDING ALTERNATIVES Signature Pointe Levee Improvement Project River Mile 21.7 to 23.2, Right Bank THIS AGREEMENT REGARDING ALTERNATIVES (“Agreement”) relating to the Signature Pointe Levee Improvement Project, River Mile 21.7 to 23.2, Right Bank, is entered into on the last date signed below by and between the CITY OF KENT, a Washington municipal corporation (“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quas i- municipal corporation of the State of Washington (“District”) (collectively, the "Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks, as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River levee system. B. The Signature Pointe Levee (“Levee”) is a key part of the Green River levee system. The District desires to improve the Levee to provide improved flood protection and scour protection, enable certification and secure necessary land rights (the Levee improvement will hereafter be referred to as the “Project”). The area of the Project is the right bank of the Green River from River Mile 21.7 to 23.2, as shown on Exhibit A. C. The District has included the Project in its 2018-2023 Capital Budget Project List and its 2018 Capital Budget, in a total amount of $300,000. The Parties desire to construct the Project as soon as possible, with a goal of construction in 2019. D. The preliminary plan for the Project is to increase the height of the Levee to achieve the Lower Green River System-Wide Improvement Framework’s provisional flood protection goal of 500-year or 18,800 cubic feet per second (cfs), plus three feet of freeboard. E. The City has agreed to prepare an analysis of the design alternatives for the Project (“Study”), in order to provide for the safety of residents and businesses that are protected by the Levee. The Parties believe that the estimated cost of the Study, and City costs and expenses related to early Project work and services will not exceed $300,000. After City completion of the Study, and District selection of the preferred alternative, the Parties intend to negotiate and enter into an Agreement regarding property acquisition, design, permitting and construction of the Project. 54 -2- AGREEMENT The Parties agree as follows: 1. Incorporation of Recitals—Scope of Agreement. All recitals above are hereby incorporated in and ratified as part of this Agreement. This Agreement establishes the terms and conditions for preparation of a study regarding design alternatives for the Project and selection of a preferred alternative. 2. Preparation of the Study–Selection of Preferred Alternative. a. The City shall prepare a study as described in section 2(c) below (“Study”). After consultation with the District, the City shall select a consultant to prepare the Study, as described in section 2(c). Prior to entering into an agreement with the consultant, the City shall provide the proposed agreement to the District, including the scope of work. Upon execution of the agreement, the City shall send a copy of it to the District. The City shall pay the consultant, and the District shall reimburse the City for such payments pursuant to section 6 below. b. Prior to commencement of the Study, the City shall provide to the District a charter (project goals, objectives and process) for the Project, substantially similar to the charter in the King County Water and Land Resources Division Project Management Manual, and a schedule for preparation and completion of the Study. c. The Study shall include the following: i. An analysis of at least two and perhaps three design alternatives for the Project, which consider flood protection, toe/scour protection and levee certification. Among the aspects to be considered for each alternative shall be the alignment and location of any floodwall and/or levee, and a comparison of the cost, benefits and impacts of an earthen levee versus a floodwall. ii. Establishment of criteria for analyzing, comparing and ranking each alternative. The criteria shall include but not be limited to: habitat potential and features, long-term stability and maintenance, impacts to recreational opportunities including the Green River Trail, and impacts to the Signature Pointe apartment complex and its residents, factor of safety of alternatives, property cost and acquisition complexities, and need for passive vs. active closure needs. iii. A conceptual level cost estimate for each alternative. iv. A conceptual level cost estimate to install salmon habitat structures and features in the Project. 55 -3- v. A schedule for selecting a preferred alternative, acquiring necessary property interests, and designing and constructing the Project. d. Upon completion of a draft Study, the City shall provide a copy to the District for review and comment. After District approval of the draft Study, either as prepared by the City or as amended after review and comment by the District, the City shall prepare the final Study. e. Using the criteria of the final Study, the Parties shall rank the alternatives and present the results to the District. The District, acting either through its Board of Supervisors or its Executive Committee, as determined by the Board of Supervisors, shall select an alternative that shall be used in the design of the Project. The City shall not commence design of the Project until the District has selected an alternative and has authorized the City to proceed under a separate or additional interlocal agreement. 3. Termination. The District reserves the right to terminate this Agreement upon notice to the City. Upon receipt of the notice, the City shall immediately terminate all Study and Project planning services and work; provided, that the District shall reimburse the City for such services and work that is performed prior to the termination. 4. City Costs and District Reimbursement. The Parties acknowledge and understand that the District has included the Project in its 2018-2023 Capital Budget Project List and its 2018 Capital Budget, in a total amount of $300,000. The District’s reimbursement to the City for the Study and Project planning services and work shall not exceed $300,000 without prior written approval from the District. 5. Reimbursement of City Costs and Expenses. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after the Effective Date of this Agreement for Project planning and Study services and work. The requests shall be in a form and shall contain all information and data required by the District. In connection with the City’s submittal of any of the requests for reimbursement, the District may require the City to provide a status or progress report concerning submittal, preparation or completion of the Study. b. The District shall review the requests to confirm that they are reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. The District shall forward any approved reimbursement to the City within forty-five (45) days of the City’s request. c. The District may postpone review of a City request for reimbursement where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide all additional information or data within thirty (30) days of the District’s request for 56 -4- such additional information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with section 11 below. After resolution of the dispute, the District shall provide reimbursement as provided in this section 5. d. The District may postpone payment of any request for reimbursement, up to a maximum of five percent (5%) of the request, where the City is delinquent in submittal, preparation or completion of any document, work or services required by this Agreement. 6. Duration—Effective Date. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect until the City submits the results of the alternatives analysis and the District selects a preferred alternative, the Parties execute a property acquisition, design and/or construction agreement, or three years from the effective date, whichever occurs first. 7. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability of the City, the District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW, or as otherwise granted or provided for by law. 8. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to this Agreement to be placed upon the real property interests of King County or the District. If such lien or encumbrance is so placed, King County or the District shall have the right to remove such lien and charge the costs of such removal to the City. 9. Indemnification. To the maximum extent permitted by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the Project, the Study or this Agreement. As to all other obligations under this Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party’s obligation hereunder applies only to the extent of the negligence of such Party or its 57 -5- contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party’s immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor’s employees. This waiver has been mutually negotiated. 10. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising under this Agreement. Should either Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 11. Dispute Resolution. The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in section 5 above, submittal of all relevant information and data to an independent Certified Public Accountant or a Construction Claims Consultant, if agreed upon by the Parties, for a non- binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and ultimately seek resolution within the Superior Court for King County, Washington. c. Each Party will be responsible for its own costs and attorney’s fees in connection with the dispute resolution provisions of this paragraph 11. 12. Entire Agreement; Amendment. This Agreement represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. 13. Binding Nature. The rights and responsibilities contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 14. Notices, Communications and Documents. Unless applicable law requires a different method of giving notice, any and all notices, demands or other communications required or desired to be given hereunder by either Party (collectively, "notices") shall be in writing and shall be validly given or made to the other Party if delivered either personally or by 58 -6- Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States Mail, certified, registered, or express mail with postage prepaid, or if sent by electronic mail. If such notice is personally delivered, it shall be conclusively deemed given at the time of such delivery. If such notice is delivered by Federal Express or other overnight delivery service of recognized standing, it shall be deemed given one (1) business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three (3) business days after the deposit thereof in the United States Mail. If such notice is sent by electronic mail, it shall be deemed given at the time of the sender's transmission of the electronic mail communication, unless the sender receives a response that the electronic mail message was undeliverable. Each such notice shall be deemed given only if properly addressed to the Party to whom such notice is to be given as follows: To City: Tim LaPorte, Public Works Director 220 Fourth Avenue South Kent, WA 98032 Phone: (253)856-5500 Email: tlaporte@KentWA.gov To District: Michelle Clark, Executive Director 516 Third Avenue, Room 1200, W-1201 Seattle, WA 98104 Phone: (206) 477-2985 Email: Michelle.Clark@kingcounty.gov Either Party may change its address for the purpose of receiving notices by providing written notice to the other Party as set forth in this section 14 15. Authority. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement, which shall become effective on the last date signed below. 59 -7- CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: By: Dana Ralph Reagan Dunn Its: Mayor Its: Board Chair DATE:__________________________ DATE:_________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: City Attorney Legal Counsel 60 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Alex Murillo, P.E. Environmental Engineering Supervisor SUBJECT: Lower Russell Road Levee Interlocal Agreement - Recommend SUMMARY: The Lower Russell Road Levee is located on the right bank of the Green River between S. 212th St. and Veteran’s Way. The landward area is protected by the levee above the 100 year flood level, but the levee needs to be set back from the river to meet the federal stability requirements for levee accreditation. This project, which is being managed by the Flood Control District (District), includes habitat and trail improvements as well as relocation of Van Doren’s Park in addition to the levee reconstruction. This interlocal agreement includes provisions for the city to purchase property and provide the District with easements for river bank protection in addition to similar easements on several other properties previously purchased by the city along Russell Road. The District will reimburse the city for expenses related to these property purchases. There will be a separate interlocal agreement proposed later in 2018 related to funding and construction of some portions of the project as well as ownership, operation and maintenance of the various areas of the project. EXHIBITS: Interlocal Agreement BUDGET IMPACT: Initial funding for the city activities in this agreement was from previously budgeted funds within the stormwater utility, and these expenses will be reimbursed by the King County Flood Control District. Future costs for the additional easement acquisitions will also be completely reimbursed by the Flood District. STRATEGIC PLAN GOAL(S): ☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Move to recommend Council authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the King County Flood Control District for the Lower Russell Road Levee Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 61 This page intentionally left blank 62 -1- AGREEMENT REGARDING PROPERTY ACQUISITION Lower Russell Road Levee Setback Project River Mile 17.85 to 19.25, Right Bank THIS AGREEMENT REGARDING PROPERTY ACQUISITION (“Agreement”) relating to the Lower Russell Road Levee, River Mile 17.85 to 19.25, Right Bank, is entered into on the last date signed below by and between the CITY OF KENT, a Washington municipal corporation (“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a special purpose district of the State of Washington (“District”) (collectively, the "Parties"). RECITALS A. The Lower Russell Road Levee (“Levee”) is a key part of the Green River levee system. The District desires to acquire necessary real property and real property interests to improve the Levee, provide better flood and scour protection, and assist the City in obtaining FEMA accreditation of the Levee. The Levee improvement will hereafter be referred to as the “Project.” The area of the Project is the right bank of the Green River from River Mile 17.85 to 19.25, more commonly known as the right bank between S. 212th St. and S. 228th St. B. The Water and Land Resources Division of the King County Department of Natural Resources and Parks (“WLRD”), is service provider to the District pursuant to an interlocal agreement with the District. On behalf of the District, WLRD manages, operates and maintains a major portion of the Green River levee system, and acquires real property and real property interests for District projects. C. The City has agreed to acquire the necessary real property and real property interests on behalf of the District to construct the Project. The Parties intend for the City to complete the acquisitions as soon as possible with a goal of completing them by mid 2018. D. The preliminary plan for the Project is to increase the height of the Levee to achieve the Lower Green River Interim System-Wide Improvement Framework’s provisional flood protection goal of 0.2% annual chance (500-year) or 18,800 cfs (as measured at Auburn USGS gage), plus three feet of freeboard. E. By Resolution No. FCD_________, adopted on , 2016, the District approved acquisitions by the City for the Project. 63 -2- AGREEMENT In consideration of the rights and obligations set forth in this Agreement, which constitute good and valuable consideration, the Parties agree as follows: 1. Incorporation of Recitals. All recitals above are hereby incorporated in and ratified as part of this Agreement. . The District Executive Director or designee shall have the discretion and right to perform the functions of the District in this Agreement, unless otherwise provided in this Agreement. 2. Acquisition and Transfer of Real Property . a. The City shall acquire title to and interests in real property (“Real Property”) that the District determines to be necessary for ownership, construction, installation, operation, maintenance, repair, replacement and removal of the Project in accordance with this Agreement. In acquiring Real Property, the City shall use procedures approved by the District, and shall comply with all applicable laws and regulations, including but not limited to: (i) the Washington State Department of transportation Right of Way Manual (M26.01.17); (ii) Chapters 8.12, 8.25, and 8.26 RCW; and (iii) Chapter 308-125 WAC. In acquiring title to or easements on Real Property, the City shall acquire the title to or easement on the Real Property in a size and location approved by the District. For each Real Property acquisition, the City (i) shall prepare and submit to the District, prior to the commencement of the acquisition process, a schedule that includes but is not limited to work tasks, task durations, and task linkages, and (ii) communicate regularly with WLRD and the District, providing written reports when requested by WLRD or the District. b. The District shall approve before execution by the City all documents for the acquisition and transfer of Real Property. Any easements granted by the City to the District shall be in the form of the standard River Protection Easement in Reference 8P to the King County Surface Water Design Manual, or in a different form acceptable to the District. c. The District shall approve before expenditure by the City all costs and expenses incurred by the City to acquire or transfer the Real Property pursuant to this Agreement. The District will reimburse the City for such costs and expenses in accordance with Section 3 of this Agreement. d. The City already has acquired title to certain Real Property described in Exhibit A, attached hereto and incorporated herein. The acquisition cost for such Real Property is stated in Exhibit A (a total sum $1,023,550.00). The District ratifies and confirms the acquisition of this Real Property. The City shall grant to the District easements on this Real Property. The District shall reimburse the City for the acquisition 64 -3- cost of this Real Property in accordance with Section 3 of this Agreement, which reimbursement shall be paid prior to execution of the easements. Before the commencement of construction of the Project, the City shall remove any structures on the Real Property at its own cost and expense. e. The City shall acquire title to a portion of the KOA Campground property (Tax Parcel Number 112204 9065) (“KOA Property”) that (i) allows for ownership, construction, installation, operation, maintenance, repair, replacement and removal of the Project and (ii) allows for a recreational trail connecting the Green River Trail to South 212th Street (“Recreational Trail”). After acquisition of the KOA Property, the City shall grant to the District an easement over the KOA Property that will allow the District to own, construct install, operate, maintain, repair, replace and removal the Project. As part of the regular communication with the District regarding the acquisition of the KOA Property, the City shall submit to the District background information, appraisals, analysis and negotiations with the owner of the KOA Campground property. The District shall reimburse the City for acquisition of the KOA Property, excluding the portion of the KOA Property for the Recreational Trail, in accordance with Section 3. f. If the City’s acquisition of the KOA Property is conditioned upon transfer of a portion of the Green River Natural Resources Area (“GRNRA”)(Tax Parcel Numbers 112204 9015 and 112204 9083) (“Transferred Property”) to the owners of the KOA Campground property, the District must approve before transfer the size and location of the Transferred Property (estimated to be 0.8 acres based on conceptual site layout provided by KOA Campground on February 2, 2016), as well as the cost of the acquisition of the KOA Property. The City shall not acquire the KOA Property unless the District determines that the acquisition of the KOA Property is cost effective for the District. If the District approves the acquisition of the KOA Property, the District shall support the City’s efforts to release the covenant on the GRNRA property, which has recording number 9408051537 (“GRNRA Covenants”), if such release is necessary to complete the acquisition. g. If necessary to compensate for impacts of the Project on the GRNRA Covenants, the City shall acquire the Suh Properties (Tax Parcel Numbers 000620 0020 and 000620 0032). Upon acquisition, the Suh Properties shall remain in City ownership. The District shall reimburse the City for the Suh Properties acquisitions in accordance with Section 3 of this Agreement. 65 -4- 3. Reimbursement of City Expenditures – General. a. If authorized by Section 2 of this Agreement, the District will reimburse the City all costs and expenses incurred by the City to acquire or transfer the Real Property (“City Costs”) in accordance with this Section. b. Excluding reimbursement for costs and expenses related to the Real Property described in Exhibit A, the maximum reimbursement for City Costs shall be $700,000.00. c. After title to or interest in Real Property has been completed, and no more than once a month, the City may submit requests for reimbursement of City Costs for such Real Propertythat were approved by the District. The requests shall be in a form and shall contain information and data as required by the District. Upon receipt of a request for reimbursement, the District may request the City to provide a status or progress report concerning all acquisitions of Real Property that are not the subject of the request. The District may delay payment until receipt of this report. d. The District shall review the requests to confirm that they are reimbursable and payable under this Agreement. The District shall endeavor to complete such review and approve the reimbursement within forty-five (45) days of receipt of a request. e. Except for the reimbursement of City Costs for the Real Property described in Exhibit A, the District may postpone review of a City request for reimbursement where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide all additional information or data within thirty (30) days of the District’s request for such additional information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with Section 5 of this Agreement. After resolution of the dispute, the District shall pay reimbursement as provided in this Section. f. The District also may postpone payment of any portion of a request for reimbursement where the City is delinquent in the submittal, preparation or completion of any document or work required by this Agreement and related to the Real Property that is the subject of the request for reimbursement. 4. Duration—Effective Date. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect until all terms of this Agreement are completed or four (4) years from the effective date of this Agreement, whichever occurs first. 66 -5- 5. Dispute Resolution. The Parties will seek to resolve any disputes under this Agreement as follows: a. In the event that any dispute arises between the Parties as to the interpretation or application of any term of this Agreement, or as to the validity of any claim made by either Party against the other as a result of this Agreement, and the Parties are unable to resolve the dispute through negotiations, the Parties agree to participate in a nonbinding, neutral evaluation and mediation of their dispute at a mutually agreeable location prior to commencing legal action. Either Party may request that any dispute be submitted to neutral evaluation and mediation at any time upon giving written notice to the other Party. b. Upon giving notice by either Party as provided above, the Parties shall attempt to select a neutral person to evaluate and mediate the dispute. If, after thirty (30) days, the Parties cannot agree on any of the persons named, or if acceptable persons are unable to serve, or if for any reason the appointment of a neutral person cannot be made, either Party may terminate the dispute resolution process or the Parties may, by agreement, seek other means of resolution. c. Each Party shall promptly disclose to the other any circumstances known by it that would cause justifiable doubt as to the independence or impartiality of any individual under consideration or appointed as a neutral mediator. Any such individual shall promptly disclose such circumstances to the Parties. If any such circumstances are disclosed, the individual shall not serve as neutral mediator unless both Parties agree in writing. d. The neutral mediator’s charges shall be established at the time of appointment. Unless the Parties otherwise agree, the fees and expenses of the neutral mediator shall be split equally and each Party shall bear its own costs and expenses. e. The mediation session is intended to provide each Party with an opportunity to present its best case and position to the other Party and the neutral mediator and for the Parties to receive opinions and recommendations from the neutral mediator. The neutral mediator shall facilitate communications between the Parties, identify issues, and generate options for settlement. The neutral mediator shall also discuss with each Party separately the neutral mediator’s opinion and evaluation of the strengths and weaknesses of that Party’s position. The terms of any settlement made by the Parties as the result of the mediation shall be set out in writing. f. The dispute resolution process identified in this Section is a compromise negotiation. The Parties agree to maintain in confidence all offers, promises, conduct, and statements, oral or written, made in the course of the mediation by either of the Parties, their agents, employees, experts, representatives or attorneys, or by the neutral 67 -6- mediator and agree that the same shall be deemed negotiations in pursuit of settlement and compromise and not admissible or discoverable in subsequent legal proceedings pursuant to Washington Evidence Rule 408. The neutral mediator shall be disqualified as a trial or deposition witness, consultant, or expert of either Party. g. In the event that the Parties are unable to resolve the dispute through the dispute resolution process established in this Section, the Parties reserve any and all other rights and remedies available to each of them regarding such dispute. 6. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW, or as otherwise granted or provided for by law. 7. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to this Agreement to be placed upon the real property interests of King County or the District. If such lien or encumbrance is so placed, King County or the District shall have the right to remove such lien and charge back the costs of such removal to the City. If there are pre-existing encumbrances which are required to be removed by the City in order to construct the Levee, the costs will be reimbursable by the District as described in Section 3 of this Agreement. 8. Indemnification. To the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement, unless such damages and injuries to persons or property are caused by or result from the sole negligence or willful misconduct of the District or its contractors, employees, agents, or representatives, or the City or its contractor or employees, agents, or representatives. Each Party’s obligation hereunder applies only to the extent of the negligence of such Party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party’s immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor’s employees. This waiver has been mutually negotiated. 68 -7- 9. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising under this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 10. Entire Agreement; Amendment. This Agreement, together with Exhibits A, B, and C, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. 11. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 12. Notices, Communications and Documents. Unless applicable law requires a different method of giving notice, any and all notices, demands or other communications required or desired to be given hereunder by either Party (collectively, "notices") shall be in writing and shall be validly given or made to the other Party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States Mail, certified, registered, or express mail with postage prepaid, or if sent by electronic mail. If such notice is personally delivered, it shall be conclusively deemed given at the time of such delivery. If such notice is delivered by Federal Express or other overnight delivery service of recognized standing, it shall be deemed given one business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three business days after the deposit thereof in the United States Mail. If such notice is sent by electronic mail, it shall be deemed given at the time of the sender's transmission of the electronic mail communication, unless the sender receives a response that the electronic mail message was undeliverable. Each such notice shall be deemed given only if properly addressed to the Party to whom such notice is to be given as follows: To City: Tim LaPorte, Public Works Director 220 Fourth Avenue South Kent, WA 98032 Phone: (253)856-5500 Email: tlaporte@KentWA.gov 69 -8- To District: Michelle Clark, Executive Director 516 Third Avenue, Room 1200, W-1201 Seattle, WA 98104 Phone: (206) 477-2985 Email: michelle.clark@kingcounty.gov Any Party may change its address for the purpose of receiving notices as herein provided by a written notice given in the manner aforesaid to the other Party. 13. Mutual Release/Consideration. As part of the consideration for this Agreement, the Parties agree to mutually release any and all claims known or unknown related to prior reimbursement requests between City and District. 14. Severability. If any provisions of this Agreement or its application are held invalid, the remainder shall not be affected. 15. Authority. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement, which shall become effective on the last date signed below. CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: By: Dana Ralph Reagan Dunn Its: Mayor Its: Board Chair DATE:__________________________ DATE:_________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: City Attorney District Attorney 70 -9- EXHIBIT A The City acquired title to the following Real Property prior to the effective date of this Agreement: Parcel No. Seller Sales Price * 102204-9153 Jeanne Hamilton $ 211,750.00 102204-9024 Tom & Janice Baxter $ 192,500.00 000620-0011 Mary Jo Torgeson $ 338,300.00 000620-0017 Kimberly Voss $ 281,000.00 Total $1,023,550.00 71 This page intentionally left blank 72 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Matt Knox, PWS, Environmental Supervisor SUBJECT: Agreement with PSE for Downey Farmstead Utility Relocation – Recommend SUMMARY: The Downey Farmstead Restoration Project includes a side-channel network adjacent to the Green River to improve rearing and refuge habitat for juvenile salmon, and which will also provide additional floodplain storage. To accomplish this important restoration, Frager Road will be moved away from the river’s edge and Puget Sound Energy (PSE) and CenturyLink overhead cables and poles will need to be moved. This agreement will fund and authorize PSE to move its utilities out of the way of the habitat project. The city will pay the actual costs of the relocation work; the estimated cost is $118,085.42. The city will be notified in writing if costs are expected to exceed a 20% increase. EXHIBITS: Agreement with PSE BUDGET IMPACT: PSE utility relocation and associated city costs are funded by two grants – one from King County Cooperative Watershed Management Fund ($120,000) approved by Council on 1/16/18 and another from Puget Sound Acquisition and Restoration Fund ($77,800) approved by Council on 5/16/17. Grants will pay for the agreement with CenturyLink along with city engineering costs. STRATEGIC PLAN GOAL(S): ☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Move to recommend Council authorize the Mayor to sign a Facility Relocation Agreement with Puget Sound Energy to relocate utility lines to accommodate the Downey Farmstead Restoration Project, in an amount estimated to be $118,085.42, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 73 This page intentionally left blank 74 -1- FACILITY RELOCATION AGREEMENT This Agreement, dated as of Monday February 12, 2018, is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation (“PSE”), and 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 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 Kent Downey Farms Restoration (“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 (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 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 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 75 -2- 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 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 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 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 30 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 termination under Section 5.5. 76 -3- 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. The New Operating Rights shall be provided with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to commence the RelocationWork, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities as located upon or relative to the Existing Operating Rights, unless and until PSE is in possession of the New Operating Rights. 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 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 any 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. 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 $118,085.42 The Parties agree that the Relocation 77 -4- 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 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. 78 -5- 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 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. 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. 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 79 -6- 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 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 Party 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 Party, 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 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 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. 80 -7- In witness whereof, the Parties have executed this Agreement as of the date set forth above. PSE: Government Entity: Puget Sound Energy, Inc. By By Its Its Address: Address: Attn: Attn: 81 -8- EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS 82 -9- EXHIBIT B RELOCATION WORK (TO INCLUDE A DESCRIPTION OF THE WORK TO BE PERFORMED BY PSE TOGETHER WITH A SCHEDULE FOR THE PERFORMANCE OF THE WORK AND A DESCRIPTION OF ANY NEW OPERATING RIGHTS REQUIRED FOR THE PERFORMANCE OF THE WORK) 83 This page intentionally left blank 84 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Matt Knox, PWS, Environmental Supervisor SUBJECT: Agreement with CenturyLink for Downey Farmstead Utility Relocation – Recommend SUMMARY: The Downey Farmstead Restoration Project includes a side-channel network adjacent to the Green River to improve rearing and refuge habitat for juvenile salmon, and which will also provide additional floodplain storage. To accomplish this important restoration, Frager Road will be moved away from the river’s edge and Puget Sound Energy (PSE) and CenturyLink overhead cables and poles will need to be moved. This agreement will fund and authorize CenturyLink to move its utilities out of the way of the habitat project. EXHIBITS: Agreement with CenturyLink BUDGET IMPACT: CenturyLink utility relocation and associated city costs are funded by two grants – one from King County Cooperative Watershed Management Fund ($120,000) approved by Council on 1/16/18 and another from Puget Sound Acquisition and Restoration Fund ($77,800) approved by Council on 5/16/17. Grants will pay for the agreement with CenturyLink along with city engineering costs. STRATEGIC PLAN GOAL(S): ☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Move to recommend Council authorize the Mayor to sign a Special Construction Proposal with CenturyLink to relocate utility lines to accommodate the Downey Farmstead Restoration Project, in an amount not to exceed $21,032.21, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 85 This page intentionally left blank 86 Special Construction Proposal Job Authorization No:N059286 Contract No No CTL Affiliate:Qwest Corporation Twenty-One Thousand Thirty-Two Dollars and 21/100 Matt Knox City of Kent 220 Fourth Ave S. Downey Farmstead County KING KENT, WA Billing Address:Work Location: Date:2/14/2018 This Special Construction Proposal ("Proposal") is governed by the terms and conditions set forth herein as well as any applicable state or federal tariffs and/or rates and services schedules on file with the applicable regulatory authorities. Description and/or specifications of work, along with the bill amount, of work to be performed by an operating affiliate of CenturyLink, Inc. ("CenturyLink") under this Proposal ("Work") is as follows: CenturyLink Authorized Signature: Name Printed/Typed: Title: Date: Customer Authorized Signature: Name Printed/Typed: Title: Date: Customer: Attention: kent, WA 98032 Total Charges: Excavate and intercept buried cable at two separate locations for the purpose of rerouting a Centurylink cable 50' west towards the Green River. Work involves placing two 1730 handholes, Pro-8 pedestal, 100' of 300 pair cable, open cutting the Signature Point parking lot for the purpose of placing a 4" PVC with cable. Centurylink to place pedestal 4' NW of the new 55' PSE pole from which Centurylink will be placing a 275' aerial span over the Green River. After crossing the Green River it will be necessary to excavate a section of existing buried cable and splice into new aerial crossing. Proposal includes, design, engineering, right of way research, permitting, labor, and materials $21,032.21Advance Payment (required before work begins): This Proposal may be withdrawn by CenturyLink if not accepted by the Customer within 30 days. Upon execution by both parties, this Proposal and the terms and conditions of any applicable tariffs and/or rates and services schedules on file with the applicable regulatory authorities shall constitute a binding agreement upon the parties. In no event will the terms and conditions of another document, including but not limited to a purchase order, be construed to in any way govern the Work or otherwise bind the parties to this Proposal. The parties acknowledge and agree that the terms and conditions set forth in this Proposal and the applicable tariffs and/or applicable rates and services schedules shall be the only controlling terms and conditions binding the parties for the Work and that commencement of Work by CenturyLink is conditioned upon agreement in writing to these terms. For the Work performed hereunder, Customer will be responsible for the above charges only, unless (i) the above-stated amount is expressed as an estimate; (ii) otherwise stated above; or (iii) a change order is signed by both parties. All charges shall be paid prior to commencement of the Work (“Advance Payment”) unless an alternative payment method is set forth above. All past due undisputed accounts will be assessed a late fee at 14% APR. Where applicable, and notwithstanding the foregoing, Customer shall also be responsible for foreign, federal, state and local taxes assessed in connection with the Work, including, without limitation, all use, sales, value added, surcharges, excise, franchises, commercial, gross receipts, license, privilege or other similar charges, whether charged to or against CenturyLink or Customer, but excluding any taxes based on CenturyLink’s net income. *Note If applicable, the Work proposed here is separate from any work that may be performed pursuant to any other order or agreement, including but not limited to a Pre -Service Request for cell site provisioning. For Governmental Customers only, CenturyLink will submit an invoice of charges upon completion of the Work, payable within forty five (45) days of receipt. Past due undisputed amounts will be assessed a late fee of 14% APR or such lesser amount if required under applicable state and/or federal law. Proposal CenturyLink Confidential and Proprietary Version: 11-16-2015Page 1 of 1 87 This page intentionally left blank 88 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Eric Connor, Construction Engineering Manager SUBJECT: Information Only/South 224th Street Improvements, 84th Ave South to 88th Avenue South -Update SUMMARY: Phase 1 of the South 224th Street Improvements Project has been underway for several months now and has reached major milestones. Work to date has primarily been underground so staff would like to share the accomplishments to date and discuss what is next. EXHIBITS: None BUDGET IMPACT: N/A STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. Information Only/No Motion Required 89 This page intentionally left blank 90 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Tim LaPorte, P.E. Public Works Director SUBJECT: Information Only – Snow and Ice Update SUMMARY: Staff will provide a brief update to the Committee members on the recent snow and ice events. EXHIBITS: None BUDGET IMPACT: N/A STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☐ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. Information Only/No Motion Required 91 This page intentionally left blank 92 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Tim LaPorte, P.E. Public Works Director SUBJECT: Information Only - 228th Street Corridor Union Pacific Railroad Overpass Update on the Right of Way Acquisition SUMMARY: Staff will provide a brief update to the Committee members on the acquisition progress required to move this project into construction. EXHIBITS: None BUDGET IMPACT: N/A STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. Information Only/No Motion Required 93 This page intentionally left blank 94 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Director Phone: 253-856-5454 Fax: 253-856-6500 220 Fourth Avenue South Kent, WA 98032 DATE: February 26, 2018 TO: Public Works Committee FROM: Chad Bieren, P.E. Deputy Director / City Engineer SUBJECT: Information Only/Quiet Zone Update SUMMARY: Staff will give an update on the status of the Quiet Zone. EXHIBITS: None BUDGET IMPACT: N/A STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☐ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. Information Only/No Motion Required 95