HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 08/20/2018 (2)
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Public Works Administration at 253 -856-5500, or
email Cheryl Viseth at CViseth@KentWA.gov.
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 7-1-1.
Public Works Committee
Agenda
Chair - Dennis Higgins
Brenda Fincher– Toni Troutner
Monday, August 20, 2018
4:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of August 6, 2018
Minutes
YES Chair 05 MIN.
5. Info Only/King County Solid
Waste
NO Pat McLaughlin 30 MIN.
6. Goods & Services Agreement
with RailPros Field Services, Inc.
for 228th Street
YES Mark Madfai 05 MIN.
7. Sewer Ordinance Change YES Tim LaPorte 10 MIN.
8. Info Only/GeoPortal GIS Public
Access - Update
NO Catherine Crook, Dana
Son, Heath Brackett
10 MIN.
9. Info Only/Quiet Zone - Update NO Chad Bieren 05 MIN.
10. Adjournment Chair 01 MIN.
Page 1 of 4
Pending Approval
Public Works Committee
CC PW Regular Meeting
Minutes
August 6, 2018
Date: August 6, 2018
Time: 4:00 PM
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:00 PM
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Absent
Toni Troutner Councilmember Present
3. Changes to the Agenda
Items 6 & 7 removed and sent to Public Safety. Items 10 & 11 removed.
Item 5 Alex Murillo presenting in place of Richard Schleicher
4. Approval of Minutes dated July 16, 2018
MOTION: Move to approve the Minutes dated July 16, 2018
RESULT: APPROVED [UNANIMOUS]
AYES: Higgins, Troutner
ABSENT: Fincher
5. Consultant Services Agreement with GeoEngineers for Signature
Point Levee - Recommend
Environmental Engineering Supervisor, Alex Murillo and Environmental
Engineer II, Toby Hallock gave a presentation describing repairs on levees
throughout the City along with those completed that are still needed on
remaining levee's. Murillo explained the contract before the committee is
with GeoEngineers for the Signature Pointe Levee and would include a study
to analyze up to three alternatives for costs, benefits, impacts, opportunities
and overall feasibility. Murillo also explained that the city recently executed
an ILA with the King County Flood District to study the Signature Pointe
Levee. This contract is consistent with the ILA. Murillo also added that
Executive Director Michelle Clark of the Flood District did sign and approve
the scope of work for the GeoEngineers contact.
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Public Works Committee CC PW Regular Meeting
Minutes
August 6, 2018
Kent, Washington
Page 2 of 4
Higgins, thanked Murillo for the presentation and for explaining the ILA
portion and commented that the money for this levee is coming from the
Flood Control District.
Troutner, commented that she is an alternate on the Flood Control District
Advisory Committee and that we are very fortunate to receive a large
amount of funds for a lot of the different projects that Kent is working on,
Higgins agreed.
MOTION: Recommend Council authorize the Mayor to sign a
Consultant Services Agreement with GeoEngineers in an amount not
to exceed $210,919, for levee alternatives analysis, subject to final
terms and conditions acceptable to the City Attorney and Public
Works Director.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Dennis Higgins, Chair
AYES: Higgins, Troutner
ABSENT: Fincher
6. School Zone Traffic Safety Camera Program Fund Expenditures –
Recommend Vehicle Purchase
This item moved to Public Safety Committee for August 14
MOTION: Recommend Council authorize the expenditure of $930,000
from the School Zone Traffic Safety Camera Fund, amend the budget,
authorize the Mayor to purchase 15 police vehicles for the second
phase of the car-per-officer program, utilizing the State’s master
contract with Columbia Ford, Inc., and authorize future purchases
with Columbia Ford if they are within the City’s established budgets
and made during the term of the master contract.
RESULT: PULLED
7. Police Interceptor Vehicles Approval to Order - Recommend
This item moved to Public Safety Committee for August 14
MOTION: Recommend Council authorize the expenditure of $434,000
from the 2019 Fleet Reserve fund, amend the budget, and authorize
the Mayor to purchase seven replacement police vehicles utilizing the
State’s master contract with Columbia Ford.
RESULT: PULLED
8. 2018 Transportation Improvement Board (TIB) Grants - Information
Only
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Public Works Committee CC PW Regular Meeting
Minutes
August 6, 2018
Kent, Washington
Page 3 of 4
The Transportation Improvement Board (TIB) has issued a call for projects
for the Urban Arterial Program (UAP), the Sidewalk Program (SP), and a call
for Complete Streets Award nominations. TIB requires 20% match for UAP
and SP programs, but no match is required for the Complete Streets Award.
For the Puget Sound Region, $39.1 million is available for the UAP and $2.7
million is available for the SP. Statewide, up to $21 million is available for
Complete Streets Awards. Kent staff have reviewed the grant criteria and
recommend submitting applications for the following projects:
1) Urban Arterial Program - S. 228th Street Union Pacific Railroad Grade
Separation ($3.5 million)
2) Sidewalk Program - Walkway on the north side of SE 256th Street from
137th Way SE to 140th Ave SE and extruded curb on the south side from SE
135th Street to 140th Ave SE (No more than $600,000)
The Complete Streets Award is available to any jurisdiction who adopted a
complete streets ordinance and shows an ethic of planning and building
streets that accommodate all users, including pedestrians, transit riders,
cyclists, and motorists. ECD staff are working to secure up to 6 nominations
from various non-profit and state agencies. Awards will range from $100,000
to $1 million. The opportunity could build on the $250,000 award the City
received during the last round.
Higgins wished us good luck and thanked us for pursuing these grants.
9. Information Only – James Street Update - Information Only
Construction Manager, Eric Connor gave an update on the James Street
Project. Connor explained that we had a 20 day closure of James Street and
today is day 17. Today was the final concrete pour and tomorrow asphalt
paving. There are sidewalk, curb ramps and clean up left to do. Thursday the
crews will be cleaning up and then will open the road to the public by end of
the day Thursday August 9, after that there will be 10 more working days on
the contract for the remainder of the work. Connor showed a timeline of
pictures of the project and complimented the contractor on doing a great job.
Higgins asked how the traffic management went. Conner explained they had
to make a few adjustments in the beginning because people were coming
through the barricades so the contractor added more flagger's.
Higgins asked about the Metro route and if we communicated with the
neighborhood that Metro buses would be coming through. Connor said that
unfortunately no communication went out, but that was a learning
opportunity for next time.
10. Quiet Zone Update - Information Only
Removed from the Agenda
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Public Works Committee CC PW Regular Meeting
Minutes
August 6, 2018
Kent, Washington
Page 4 of 4
11. 228th Street Corridor UPRR Overpass Update on the Right of Way
Acquisition - Information Only
Removed from the Agenda
12. Adjournment 4:24 AM
Committee Secretary
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 20, 2018
TO: Public Works Committee
SUBJECT: Info Only/King County Solid Waste
SUMMARY: Pat McLaughlin, Director of King County Solid Waste Division will
provide an update on planning for improvements to the Cedar Hills Landfill.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 20, 2018
TO: Public Works Committee
SUBJECT: Goods & Services Agreement with RailPros Field Services,
Inc. for 228th Street Grade Separation Project - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign a Goods
& Services Agreement with Railpros Field Services, Inc. in an amount not
to exceed $190,000.00, for the purpose of railroad flagging, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director
SUMMARY: Construction of the South 228th Street Union Pacific Railroad Grade
Separation project requires railroad flagging to ensure railroad traffic is not
impeded by construction. Railpros Field Services, Inc. is the only company
authorized by the Union Pacific Railroad to conduct flagging operations on UP
tracks. They will provide the railroad flagging during construction of the bridge and
related infrastructure.
BUDGET IMPACT: Costs associated with this contract are included in the project
budget.
ATTACHMENTS:
1. Exhibit 228th St Agreement with RailPros (PDF)
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GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
RailPros Field Services, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and RailPros Field Services, Inc. organized under the laws of the State of Texas,
located and doing business at 1705 W. Northwest Highway, Suite 150, Grapevine, TX 76051, Phone:
(877) 315-0513, Contact: Kendall Koff (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 provide flagging services for the S. 228th St. UPRR Grade Separation
Project. For a description, see the Vendor's Scope of Work 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 December 31, 2020.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Ninety Thousand Dollars ($190,000.00), including applicable Washington State Sales Tax, for the goods,
materials, and services contemplated in this Agreement. The City shall pay the Vendor the following
amounts according to the following schedule:
Vendor shall submit invoices monthy and shall be paid within 30 days of receipt.
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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
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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.
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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 City 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
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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 C 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.
6.a
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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:
Kendall Koff
RailPros Field Services, Inc.
1705 W. Northwest Highway, Suite 150
Grapevine, TX 76051
(877) 315-0513 (telephone)
(866) 762-7619 (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)
6.a
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GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSST)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
RailPros - 228th UPRR Grade Sep/Smith
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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: _________________________________________
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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.
6.a
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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: _________________________________________
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øRArLPRosFIELD .SEfR\./ICES
March 1,2018
Susanne Provencio Smith
City of Kent
2s3-856-5553
sosmith@kentwa.sov
Subject: Quote for Flagger in Charge Services
Dear Susanne Provencio Smith,
Thank you for contacting RailPros Field Services, lnc. (RPFS) to provide a qualified Flagger in Charge. RPFS provides
associates with extensive railroad experience, all qualified in GCOR, Maintenance-of-Way, and On-track safety. All
of our Flaggers in Charge are dedicated to safety on the job-site and have an acute understanding of railroad rules.
RPFS charges a daily rate which includes an 8-hour on-site work day, mobilization, and Per Diem costs. Our
services are billed for the Flagger in Charge's (FlC's) time on site, to include any time setting up and taking down
track protection, if applicable. Any time beyond the FIC's 8 hours will be charged at an hourly overtime rate.
The rates for our services are as follows
ln the event of cancellation, if RailPros UP Management is given less than twenty-four hours' notice, it is
considered a billable day. Cancellations must be made in writing to UPflae@RailProsFS.com.
This quote is based on RailPros Field Services standard labor rates and does not take into any account prevailing
wage requirements. lf prevailing wages are applicable for this project, RPFS will re-quote with the prevailing wage
requirement.
lnvoices are submitted upon completion of the job or at month's end. On-going jobs are billed on a monthly basis.
Payments of invoices are due upon receipt. lnvoices are subject To a L% fee for every 30 days the payment is
delinquent. We offer credit card payment processing for an additional 5% fee.
lf you have any questions regarding this quote or would like further information, please feel free to contact me.
Thank you,REED TO AND ACCEPTED BY:
RAILPROS FIELD SERVICES, INC.
Client Co
HEATHER MORRIS
Field Services Associate
877.315.0513 x116
Printed Name
1705 W Northwest Hwy, Suite 150
Grapevine, TX 76051
P: (877131s - 0s13 F: (s66) 762 -7619
www,rai lprosf s.com
Standard 8 hour day sgso.oo
Overtime rate r hour after 8 hours
S1,1so.ooStandard 8 hour day
$tzs.oo
Overtime rate per hour after 8 hours Srzs,oo
Standard Work Day:
Nights, Weekends, and Holidays
enres tative
Title
EXHIBIT A 6.a
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Exhibit B
RailPros Field Services
Working days Standard fee
per day Total
200 $9s0,00 $190,000.00
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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. The City shall be named as an
Additional Insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $4,000,000 general
aggregate.
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EXHIBIT C (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than 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.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 20, 2018
TO: Public Works Committee
SUBJECT: Sewer Ordinance Change
MOTION: Recommend Council adopt an ordinance that amends various
sections within chapter 7.04 to clarify the director’s authority to implement
policies and procedures relating to the enforcement of the sewer
connection requirement and to make the imposition of monetary penalties
discretionary.
SUMMARY: In 2017 the State Auditor’s office recommended a change to our
existing sewer code provisions in chapter 7.04 of the Kent City Code. The city has a
long established practice of not requiring homeowners to connect to sewers unless
requested by the Health Department or unless the residence was in a Local
Improvement District (LID) established to provide sewer service.
There are a few residential areas on the West and East Hills of Kent that are served
with septic systems, possibly numbering two to three hundred homes. Unless a
septic system is failing, redevelopment occurs or for some other health related
reason, the city has continued to allow these residences to remain on their
individual septic systems. The septic systems would need to be kept in good
working order.
Connecting to the public sewer system can easily cost a homeowner $20,000 to
$30,000 due to the excavation costs. Generally it is more economical for a group of
homes in a neighborhood to participate in a LID to accomplish this rather than an
individual residence owner.
The purpose of this amendment is to clarify that the director has the authority to
implement policies and procedures relating to the enforcement of this chapter,
including the connection requirement. The imposition of the monetary penalty has
been made discretionary (not mandatory) and the authority of enforcement beyond
particular situations was broadened.
BUDGET IMPACT: There is no budget impact associated with this recommended
change.
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ATTACHMENTS:
1. Sewer Ordinance Change (DOCX)
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1 Amend Ch. 7.04 KCC -
Re: Sanitary Sewers
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various
sections of Chapter 7.04 of the Kent City Code to
clarify provisions relating to enforcement of this
chapter.
RECITALS
A. The City has a few neighborhoods and residences that are still
on septic systems. It has been the established policy of the City to allow
these residences to remain on septic systems, provided they are in good
working order and are not causing groundwater pollution issues or health
issues. This is consistent with the practice of surrounding jurisdictions and
the King County Health Department.
B. An internal audit conducted in 2017 recommended that KCC
7.04.030 and 7.04.130 be amended to clarify the director’s discretion to
implement policies and procedures regarding to the enforcement of this
chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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2 Amend Ch. 7.04 KCC -
Re: Sanitary Sewers
ORDINANCE
SECTION 1. – Amendment – KCC 7.04.030. Section 7.04.030 of
the Kent City Code, entitled “Powers and authority of the director,
inspectors, and assistants – Discretion of the director,” is amended as
follows:
Sec. 7.04.030. Powers and authority of the director,
inspectors, and assistants – Discretion of the director.
A. Access to facilities. The director and other duly authorized
employees of the city, bearing proper credentials and identification, shall
be permitted to enter upon all premises for the purposes of inspection,
observation, measurements, sampling, and testing in accordance with the
provisions of this chapter. No consent, warrant, or court order is required
to enter those areas open to the public generally or to which no reasonable
expectation of privacy exists.
B. Director discretion. In applying, interpreting, and enforcing this
chapter, the director has the authority to develop, implement and
administer policies and procedures pertaining to this chapter, impose
additional conditions, to waive or alter the application of any requirement
in any particular situation under the facts then existing or pursuant to
policies and procedures, or to alter any performance required under this
chapter where the director determines such departure is necessary to
mitigate identified or potentially negative impacts to the sanitary sewer
system or public health, safety, or welfare.
SECTION 2. – Amendment – KCC 7.04.130. Section 7.04.130 of
the Kent City Code, entitled “Use of public sanitary sewer required,” is
amended as follows:
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3 Amend Ch. 7.04 KCC -
Re: Sanitary Sewers
Sec. 7.04.130. Use of public sanitary sewer required.
A. Proper sanitation required. It shall be unlawful for any person to
place, deposit, or permit to be deposited in an unsanitary manner upon
public or private property within the city or in any area under the
jurisdiction of the city, any human or animal excrement, or other
objectionable waste.
B. Sewage disposal system – Chapter compliance required. Except as
provided in this chapter, it shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool, or other facility intended or used
for the disposal of sewage.
C. Connection to public sanitary sewer required. The owners of all
houses, buildings, properties or other premises used in any manner for
human occupancy situated within or without the city that abut any street,
alley, or easement in which there is located a public sanitary sewer of the
city shall, at their expense, install suitable toilet facilities therein and
connect those facilities directly to the proper public sanitary sewer within
90 days from the date of official notice to do so; provided, that the public
sanitary sewer is within 200 feet of any building on the owner’s property.
D. Failure to connect when required. In addition to any other penalty
authorized by this chapter, a property owner who fails to connect to the
public sanitary sewer within 90 days of receiving official notice to do so
shall may be subject to a penalty that shall be a monetary charge in an
amount equal to the base monthly sewer rate that would be charged
against that property if it were connected to the public sanitary sewer. The
city’s finance department shall assess the penalty against the property
through its utility billing system.
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4 Amend Ch. 7.04 KCC -
Re: Sanitary Sewers
E. Lien for costs and charges. Pursuant to RCW 35.67.200, failure to
pay the penalties levied pursuant to this section shall constitute a lien for
those delinquent and unpaid charges against the premises to which the
service is available. This lien shall be superior to all other liens and
encumbrances except general taxes and local and special assessments.
F. Interest assessed for delinquencies. All delinquent charges imposed
under the authority of this section shall bear interest at the rate of eight
percent per annum computed on a monthly basis.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
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5 Amend Ch. 7.04 KCC -
Re: Sanitary Sewers
KIMBERLY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
RESEARCH
DIRECTOR AUTHORITY
B&O Tax
3.29.160 Director to make rules.
The director shall have the power, from time to time, to adopt, publish, and enforce rules and
regulations not inconsistent with this chapter or with law for the purpose of carrying out the
provisions of this chapter and it shall be unlawful to violate or fail to comply with any such rule or
regulation.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 20, 2018
TO: Public Works Committee
SUBJECT: Info Only/GeoPortal GIS Public Access - Update
SUMMARY: The GIS Group has developed and made available to the public the
Kent GeoPortal on the city’s website. The GeoPortal is the new public platform for
exploring, displaying, and downloading location-based data. The GeoPortal will
bring together data, geographical information along with surveys and various
engagement applications in one place where it can be accessed and utilized by
residents and the general public. The site will be maintained and updated by staff.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 20, 2018
TO: Public Works Committee
SUBJECT: Info Only/Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zone.
• Notices of Intent (NOIs) to establish quiet zones on BNSF and UPRR railroads
through Kent are nearly complete and will be sent out by August 31st.
• Staff continue to work on the revised crossing modification documents for
both railroads for the UTC. All of the data has been collected for the crossing
modification forms and the crossing exhibits have been completed. Crossing
modification forms will be submitted to the UTC after the comment period for
the NOIs has passed. Waiting until after the NOIs have been accepted by the
FRA reduces the risk of the railroads challenging the crossing modifications
during the UTC crossing modification review process.
• UPRR continues to work on the installation of the constant warning time
equipment at Meeker St. This is the last location that needs constant
warning time circuitry. Work is expected to be completed by the end of
August.
• WSDOT has provided the city with a first draft of the maintenance agreement
that will include the railroad crossing modifications for the quiet zone, the
Naden access at 74th Ave S, and the future roundabout at 4th and Willis
before they will approve the modifications for the quiet zone. The draft will
be reviewed and comments returned to WSDOT the week of September 3rd.
• An application was submitted to the Utilities and Transportation Commission
of Grade Crossing Protective Funds to construct a fence along the BNSF
tracks north of James St. This is one of the locations identified in the quiet
zone diagnostic. The UTC should make a decision on grant funding by the
end of September.
• Staff continue to design fencing for installation at the UPRR Willis St crossing
that was identified in the quiet zone diagnostic. A meeting was held with one
property owner last week to discuss the installation of the fence.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
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