HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 04/03/2017 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
Director: Timothy J. LaPorte, P.E.
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact
Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay
Service at 1-800-833-6388.
April 17, 2017
4:00 p.m.
Item Description Action Speaker Time Page
1. Call to Order -- Chair Higgins 01 --
2. Roll Call -- Chair Higgins 01 --
3. Changes to the Agenda -- Chair Higgins 01 --
4. Approval of April 3, 2017 Minutes - Approve YES None 03 03
5. Consultant Agreement for Cambridge Tank
- Recommend
YES Mike Almaroof 10 07
6. S 212th Way Overlay – Recommend YES Mike Almaroof
Joe Araucto
10 23
7. Schedule 74 Design Agreement with PSE for
Undergrounding S 224th St Project -
Recommend
YES Ken Langholz 10 25
8. Info Only/Utility Maintenance NO Greg Reed 10 35
9. Info Only/Water Festival NO Gina Hungerford 10 37
10. Info Only/Transportation Improvement
Program
NO Lacey Jane Wolfe 10 39
11. Info Only/Quiet Zone Update NO Chad Bieren 05 41
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CITY OF KENT
PUBLIC WORKS COMMITTEE
Summary Minutes
April 3, 2017 Kent City Hall
4:00 p.m. Council Chambers East
Kent, Washington
1. Call to Order: The meeting was called to order at 4:02 p.m., by Council President
Dennis Higgins.
2. Roll Call: Committee Chair Dennis Higgins and Committee members Dana Ralph and
Brenda Fincher were present.
Absent:
3. Changes to the Agenda: Item #5 was removed from the agenda. Michelle Clark was
unable to attend the meeting.
4. Approval of Minutes, Dated March 20, 2017
Committee member Fincher MOVED to approve the Minutes of March 20, 2017. The
motion was SECONDED by Committee member Ralph and PASSED 3-0.
5. Information Only/Flood Control District
This item was not heard. Our speaker, Michelle Clark was unable to attend the meeting.
6. Information Only/Lease Agreement King County Putget Sound Emergency
Radio Network (PSERN) - Recommend:
Sean Bauer, Water System Manager noted that King county is requesting authorization to
install wireless communications facilities at the 3.5 Million Tank site located at 12523 SE
286th Place for the Puget Sound Emergency Radio Network; eventually providing service in
King County. Bauer noted that the obligation for King County to pay rent will commence
when construction of the improvements begin on the premises. The rental fee will be
$4,320.00 per lease year with an increase of 15% of the then-current rental rate on each
successive five year anniversary of the first full lease year. The term of the lease is for a
period of 25 years. This item will go to full Council on the consent calendar April 18, 2017.
Committee Member Ralph MOVED to recommend Council authorize the Mayor to
enter into a lease agreement with King County to construct, operate and maintain a
wireless communication facility at the 3.5 Million tank site for the Puget Sound
Emergency Radio Network (“PSERN”) subject to final terms and conditions
acceptable to the Coty Attorney and Public Works Director. The motion was
SECONDED by Committee member Fincher and PASSED 3-0.
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7. Information Only/Fire Capacity Charges
Sean Bauer, Water System Manager and Paul Scott, PW Finance Manager gave an
informative PowerPoint presentation on Fire System Charges. The following information was
shared:
January 2017 - New water rates included dedicated fireline charges
Staff went over the Fire System Charge Methodology
2017 Monthly Fire Line Fee Comparison – for neighboring Utilities
Dedicated Fire Line Cost by Size of Fire Line
Water Systems are Governed by WAC 246-290
Overhead Map of Kent’s Water Supply
Photographs of various facilities where the money will be spent
50% of water is designated for fire – flow of 1,500 to 4,500 gal. per minute
We have 167 miles of aging pipe in our system
The question was asked, why we didn’t charge for this in the past. Bauer said that the
residential customers subsidized it. Staff will investigate the possibility of some fire lines
being oversized and work on a solution to work with customers with unintended
consequences of putting in a fire line that was bigger than needed.
Guest Speaker / John Fredrickson, Finance Officer for the American Legion Post 15 gave a
brief history of the Kent American Legion Post 15. He was at the meeting because of the fire
line charges and asked if there was anything that the City could do for them in regards to
their bill. Staff will be looking into possible solutions.
Information Only/No Motion Required
8. Information Only/Green River Flood Season Update
Mike Mactutis, Environmental Engineering Manager gave a brief recap on the performance of
the flood facilities along the Green River and in the City. Mactutis briefly touched on the
following:
SeaTac Airport Precipitation Statistics
United States Geological Survey (USGS) Mill Creek at Earthworks Park – Discharge,
cubic feet per second
USGS Green River near Auburn, WA - Discharge, cubic feet per second
Snow Equivalent for 2017
USGS Howard Hanson Reservoir – Water levels
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Mactutis stated that the lowest annual peak is 4,400 cubic feet per second (cfs) we made it
to 8,000 cfs by the end of March/early April. We had calls for water over roadways in places
we’ve never seen before, due to rainfall.
Information Only/No Motion Required
9. Information Only/King County Conservation Futures Grant Application for
McSorley Creek Parcel
Matt Knox, Environmental Engineering Supervisor gave a brief recap about the project. Knox
stated that by using grants, the Public Works department proposes to acquire an additional
2.34-acre parcel located just north of S 272nd Street; McSorley creek flows through the
middle of this parcel. In March of 2017 staff applied for King County Conservation Futures
grant funds to cover half of the costs of acquisition of this parcel. Staff will continue to pursue
a matching grant.
No Motion Required/Information Only
10. Information Only/2018-2023 Six-Year Transportation Improvement
Program
Lacey Jane Wolfe, Senior Transportation Planner updated the committee regarding
recommendations for updating the six-year transportation improvement program (TIP). Wolfe
noted that the TIP describes street, bicycle, pedestrian, and traffic signal improvements, as
well as planning efforts and preservation projects. In order to be included in the TIP, projects
must either be funded or have a reasonable expectation of being funded.
Several projects have been completed since the existing TIP was adopted in June 2016.
Those projects can now be removed from the TIP. Staff also identified three additional
projects that have a reasonable expectation of funding and may be added to the TIP. The
first project is to construct a right-in/right-out intersection at the south end of Naden Avenue
at Willis Street. The second project is a local access street from this proposed intersection of
Naden Avenue and Willis Street. The third project is improvements to South 248th Street,
from 104th Avenue Southeast to 116th Avenue Southeast.
In 2016, Kent staff prioritized all capital projects using these criteria:
Preservation of existing facilities
Neighborhoods
Priority areas
Health and safety
Environmental quality
High leverage value
Plans, regulations, agreements
Strategic initiatives
Information Only/No Motion Required
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11. Information Only/Railroad Crossing Issues
Transportation Engineering Manager, Kelly Peterson briefly went over the three significant
issues that occurred this month with the Burlington Northern Railroad crossing arms.
Peterson noted that a draft letter to the Federal Rail Administration (FRA) is being put
together. Peterson has been on the phone with local jurisdictions regarding issues they may
be experiencing with the crossing arms or idling trains. Peterson mentioned several events
that took place since the last Public Works Committee meeting.
Staff is working on implementing the design and installation of large signs informing those
stuck in front of the tracks on who to call. At the request of committee members staff will
forward logs that have been kept by residents and staff on a monthly basis regarding the
number of idling trains.
Information Only/No Motion Required
12. Information Only/Quiet Zone Update
Chad Bieren, P.E., Deputy Director / City Engineer noted that staff will meet with Union
Pacific (UP) regarding the details of the constant warning at Meeker & Smith Street.
In regards to Burlington Northern (BN) we have had some discussions with them, but most of
the discussions have been centered on the crossing arms. We continue to get questions from
citizens about the increasing number of crossing arms that are down for long periods of time
with no trains in site.
LaPorte was directed by the Mayor to draft a letter that will be sent to the FRA regarding
preemptive closures in Kent. Higgins would like to see the radio station 1610AM used as
another tool to notify citizens.
North Park idling trains Bieren noted that this continues to be an issue and staff will continue
to request that the trains move further North of SR 167.
Information Only/No Motion Required
Added Item: Bill Doolittle, noted that the following needs work, on Meeker between 1st & 2nd
there’s a crosswalk with turtles, would like to see a few signs put up to let people know
there are people walking the second item he brought up, the Smith Street project that
was just completed he said that there are a lot of missing turtles and the paving needs
to be refreshed.
Adjournment
At 5:35 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth
Cheryl Viseth,
Public Works Committee Secretary
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: April 17, 2017
TO: Public Works Committee Members
FROM: Mike Almaroof, Engineering Technician
THROUGH: Dave Brock, P.E., Deputy Director / Operations Manager
ITEM 5: Consultant Agreement with Gray & Osborn, Inc. for Cambridge
Reservoir Improvements - Recommend
Summary: The Cambridge reservoir is located south of the intersection of South
264th Street and Military Road on the West Hill. Originally constructed in 1959, it is
a 300,000 gallon elevated tank that provides water storage for Kent’s West Hill
water service area. Through routine inspections, staff noted the coating system on
the exterior surface is approaching the end of its expected life.
Gray & Osborn was retained in 2015 to perform a more extensive inspection and
testing of the tanks coating applications. Their inspection and testing confirmed the
tank coating system had reached the end of its life and is in need of re-painting.
While the tank is ‘off-line’ for re-coating, additional improvements will be made
including the installation of improved fall protection systems.
During the course of construction, it will be necessary to purchase water from
Highline Water District through Kent’s intertie with Highline.
Exhibit: Consultant Contract
Budget Impact: This project was included in the 2017 Water Utility Budget.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Gray & Osborn, Inc. to produce bid
documents for the Cambridge Reservoir Improvement Project in the
amount of $43,400, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Gray & Osborne, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Gray & Osborne, Inc. organized under the laws of the State of Washington,
located and doing business at 701 Dexter Ave. N., Suite 200, Seattle, WA 98109, Phone: (206) 284-0860,
Contact: Russ Porter (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide engineering services through the design and bidding of the
Cambridge Reservoir Recoating 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, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Forty Three Thousand, Three Hundred Dollars ($43,300.00), 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:
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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.
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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
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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.
/ /
/ /
/ /
/ /
/ /
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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: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Russ Porter
Gray & Osborne, Inc.
701 Dexter Ave. N., Suite 200
Seattle, WA 98109
(206) 284-0860 (telephone)
(206) 283-3206 (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
Gray & Osborne - Cambridge/Almaroof
13
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: _________________________________________
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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.
15
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: _________________________________________
16
Gt.ry 8r OJl.rr:lae, ftr..
CONSUL'TING ËNGINEENS
March 30,2017
Mr. Meqdam Almaroof
Engineering Technician I
City of Kent
400 West Gowe
Kent, Washington 98032
SUBJECT: SCOPE OF WORK FOR CAMBRTDGE RESERVOIR RNCOATING
CITY OF KENT, KTNG COUNTY, WASHINGTON
G&A #20t54.95
Dear Mr. Almaroof:
As requested, rve are providing this scope of work for coating improvements for the
3üO,0ü[l-gallon elevated Cambridge Reservoir, It is our understanding that the City
intends to recoat the interior and exterior of the Cambridge Reservoir. Gray & Osbome
provided the City with a coating assessment memorandum in July 2015 that
recommended exterior and interior coating replacement. A paint sample of the exterior
taken at that time showed that the exterior coating contains lead, likely from lead primer
It is assumed that the interior coating also contains lead.
In addition to recoating, the City would also like to upgrade the site access and safety
features of the reservoir inciuding the f'ollowing items:
Replacement of the existing vent with a new vent structnre similar to the
ó40 Reservoir.
Replacement of the existing bar safety climb system with a City standard
cable system for both the lower and upper ladders.
Installation of a platform landing at the top of the access ladder to allow
easier access to the cafwalk from the lower ladder.
Installation of catwalk platforms to allow wider clearance and access
around the overflow pipe and tank leg structures.
Replacement of the catwalk guardrail with a higher guardrail system with
the City's standard safety cable system.
701 Dexter Avenue N., Suite 200 Seattle, Washington gB109 (206) 284"0860 Fax (206) 283-3206
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17
Mr. Meqdam Almaroof
March 30,2017
Page 2
Repair mechanical level indicator.
Installation of anti-climb mesh at the base of the ladder cage.
Installation of a platform to access the roof hatch.
Installation ofa guardrail system from the new roofhatch access platform
to the vent structure including the City's standard safety cable system.
Installation of electrical conduit, including a spare, to the top of the
reservoir for a light and receptacle.
The scope of work described below provides engineering assistance through design and
bidding. Additional engineering support during construction will be under a separate
contract.
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SCOPE OF \ryORK
Gray &, Osborne will perform the following engineering services
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Initial Site Visit - The initial site visit will include an overall inspection of
the reservoir including all exterior areas easily accessible by ladders and
catwalks, The initial site visit may also include visiting other reservoir
sites, if necessary and applicable, to review City standards for safety and
access equipment.
Plan Set Preparation - Plan sheets will include site location, reservoir
construction and existing accessories, access, available Contractor
laydown area, and proposed reservoir modifications. Plans will be
prepared based upon record drawings if available from the City and/or
aerial photographs. No survey will be provided.
Specihcations - Recoating and modification technical specifications will
be prepared in CSI format (Divisions 2 through l6) for inclusion into the
bidding documents prepared by Gray & Osbome. City staff will provide
the City's standard front-end documents.
Cost Estimate - A design-level engineering cost estimate will be provided,
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18
Mr. Meqdam Almaroof
March 30,2A17
Page 3
Deliverables and City Review - 50 and 90 percent plans, technical
specihcations, and cost estimate will be provided for City review,
Gray &, Osbome will attend one review meeting with City staff at each
review stage.
A final 100 percent construction set of plans, technical specifications, and
cost estimate will be provided after City comment on the 90 percent
submittal.
Gray & Osbome will assist the City during bidding by answering bidder
questions, attending a prebid walkthrough, and reviewing the bids prior to
award.
The not-to-exceed cost for these services is $43,400 for plans and specifications. A list
ofhours and tasks is attached.
Sincerelv-
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GRAY &RNE,INC.
Russell Porter, P.E.
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19
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ENGINEERING SER\¡TCES
SCOPE AND ESTIMATED COST
frecoatingCîty of Kent - Cambridge Reservoìr ønd Modiftcøtions
Total Fully Burdened Labor Cost:
Direct Non-Salary Cost:
Mileage & Expenses (mileage @ current IRS rate)
TOTÁ.L NSTIMATBD COST:
+ Actual labor cost will be based on each employee's actual rate. Estimated rates are
include direct salary cos! overhead, and profit.
c&o #201s4.95
$
$
$
43,285
115
43,4OO
for determining total estimated cosi only. Fully burdened billing rates
I1of
AutoCAD/GIS
Technician
Hours
1r6
I 0
126
$48 to $116
s6s
$8,190
Electrical
Engineer
Hours
4
8
2
I
1
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20
S103 to S182
$150
$3,000
Structural
Engineer
Hours
4
80
1 6
4
8
4
6
J
125
$99 to $168
$140
s17,500
Civil
Dnginær
flours
4
24
48
4
8
4
6
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$77 to $126
$100
$10,t00
Project
Manager
Hours
4
4
4
4
1
8
2
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$l l2 to $177
$r4s
$4,495
Tasks
Project Management
Initial Site Visit
Plan Set Preparation
Specifications
Cost Êstimate
Review Meetings with City
(l each at 50Yo and, 90%o reviews)
Final Plans, Specifications, and Cost Estimate
Bid and Award Assistance
Quality Assurance/Quality Control
Hour Estimate
Fully Burdened Billing Rate Range:*
Estimated Fully Burdened Billing Rate:*
Fully Burdened Labor Cost:
Page
20
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.
21
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.
22
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: April 17, 2017
TO: Public Works Committee Members
FROM: Joe Araucto, P.E., Pavement Management Engineer
THROUGH: Dave Brock, P.E., Deputy Director / Operations Manager
ITEM 6: South 212th Way Overlay – Recommend
SUMMARY: Council previously authorized $1,000,000 for the repair at the 212th
Street / 72nd Avenue intersection. The intersection will be repaired/replaced with
concrete paving. The intersection deterioration and repair limits have grown slightly
due to our difficult weather and heavy truck usage. Accordingly, staff
recommendation is to add $300,000.00 for a total of $1,300,000.00 to the budget
for this intersection repair.
This past winter, heavy rainfall caused significant acceleration of pavement surface
deterioration of the South 212th Way/ South 208th Street corridor. The corridor
received more than a hundred pothole repairs this winter, with a high concentration
of pothole repairs located on the hill climb lanes. Significant deterioration of
pavement surface is evident along the section of the corridor starting from the east
side of SR 167 overpass bridge to 100th Avenue S.
EXHIBIT: PowerPoint Presentation
BUDGET IMPACT: Sufficient funding is available from 2017 B&O tax collections to
complete the work this year.
Motion: Move to recommend Operations Committee authorize the addition
of $1.4 million out of @017 B & O revenues for the 212th Street & 72nd
Avenue Intersection repair and the South 212th Way Overlay Project
easterly of SR 167 to be utilized this year.
23
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24
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: April 17, 2017
TO: Public Works Committee Members
FROM: Stephen Lincoln, P.E., Environmental Engineer
Mike Mactutis P.E., Environmental Engineering Manager
THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 7: Schedule 74 Design Agreement with Puget Sound Energy for
Undergrounding S 218th Street Project - Recommend
SUMMARY: The 218th Street improvements consist of the widening of 88th Avenue
South and South 218th Street to include a turn lane, bicycle lanes, curb, gutter,
sidewalk and planter strips. The work will also include the replacement of the
existing Garrison Creek culvert and the construction of retaining walls. This work is
part of the South 224th Street Extension – 88th Avenue South and 94th Avenue
South.
In order to perform the above described work, existing overhead Puget Sound
Energy (PSE) lines will need to be relocated underground. The first step in that
process is to sign a Schedule 74 Design Agreement with PSE. A Design Agreement
will allow PSE to prepare plans to underground their utilities. The cost of the design
will get carried into the cost of construction once the City follows up with a
Construction Agreement. The estimated cost of the design of the undergrounding
project is $20,000. The actual construction work by PSE will be estimated in this first
design work.
EXHIBIT: Schedule 74 Underground Conversion – Project Design Agreement
BUDGET IMPACT: Undergrounding of power is included in the project budget, and
required by City Ordinance.
Motion: Move to recommend Council authorize the Mayor to sign a Design
Agreement with Puget Sound Energy to develop plans for the under-
grounding of electrical lines and services along S 218th Street, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
25
Design Agreement, Attachment “A” to Schedule 74, Page 1
South 224th Street and 94th Place South Schedule 74 Conversion (Project Number: 101103886)
SCHEDULE 74 UNDERGROUND CONVERSION
Project Design Agreement
Project Name: South 224th Street and 94th Place South Schedule 74 Conversion
Project Number: 101103886
THIS Agreement, dated as of this ____ day of _______________ , 2017__, is made by and
between The City of Kent a Municipal Corporation (the “Government Entity"), and PUGET SOUND
ENERGY, Inc., a Washington Corporation (the “Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy and, pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity is considering conversion of the Company's existing overhead electric
distribution system to a comparable underground electric distribution, as more specifically described in the
Scope of Work (as defined in paragraph 2, below) furnished to the Company by the Government Entity
(the "Conversion Project").
C. The Government Entity has requested that the Company perform certain engineering design
services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable
Project Plan (as defined in paragraph 6, below) for the Conversion Project, in accordance with and subject
to the terms and conditions of this Agreement (the "Design Work").
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the Design Work for the
Conversion Project.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement.
2. The Government Entity shall, within ten (10) business days after the date of this Agreement, provide
the Company with a written scope of work for the Conversion Project which includes, among other
things, (a) a reasonably detailed description of the scope of the work required for the Conversion
Project, (b) a list of the key milestone dates for the Conversion Project, (c) reasonably detailed
drawings showing any associated planned improvements to the Public Thoroughfare, and (d) a
statement as to whether the Government Entity desires to install the ducts and vaults for the
Conversion Project (the "Scope of Work"). The Government Entity shall provide the Company two (2)
hard copies of the Scope of Work and a copy of the relevant electronic file(s) in a mutually agreed
electronic format.
3. Within ten (10) business days of its receipt of the Scope of Work, the Company shall prepare and
submit to the Government Entity (a) a reasonably detailed, good faith estimate of the cost to perform
the Design Work (the "Design Cost Estimate"), and (b) a proposed schedule for completion of the
26
Design Agreement, Attachment “A” to Schedule 74, Page 2
South 224th Street and 94th Place South Schedule 74 Conversion (Project Number: 101103886)
Design Work which, to the extent reasonably practicable, reflects the applicable key milestone dates
specified in the Scope of Work and provides for completion of the Design Work within ninety (90)
business days from the date the Company receives the Government Entity's notice to proceed under
paragraph 5, below (the "Design Schedule"). The proposed Design Cost Estimate and the proposed
Design Schedule shall be based upon the then-current Scope of Work. Unless otherwise specified in
the Scope of Work, the Design Work shall not include negotiation or acquisition of third party property
rights but shall include preliminary planning between the Company and the Government Entity
regarding their respective obligations for negotiating and acquiring third party property rights.
4. Within ten (10) business days after the Government Entity's receipt of the proposed Design Cost
Estimate and the proposed Design Schedule from the Company, the Government Entity and the
Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the
proposed Design Schedule; (c) review the Scope of Work, and (d) make any changes necessary to
create a final Scope of Work, final Design Cost Estimate, and final Design Schedule that are
reasonably acceptable to both parties. If the parties are unable to agree upon a final version of the
Scope of Work, Design Cost Estimate, and/or Design Schedule, then either party may, by written
notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures
in paragraph 16, below. The final Scope of Work, Design Cost Estimate and Design Schedule, once
determined in accordance with this paragraph 4, may thereafter be changed or amended only in
accordance with the change procedures set forth in paragraph 13, below.
5. The Government Entity shall, within ten (10) business days after determination of the final of the
Scope of Work, Design Cost Estimate, and Design Schedule, issue (a) a written notice to proceed
which shall delineate the final Scope of Work, Design Cost Estimate, and Design Schedule, or (b) a
written notice to terminate this Agreement without cost to the Government Entity. If the Government
Entity terminates this Agreement, the costs incurred by the Company in preparing and submitting the
Design Cost Estimate and the Design Schedule shall not be reimbursable to the Company, and the
rights and obligations of the parties under this Agreement shall be terminated in their entirety and
without liability to either party.
6. Following the Company’s receipt of the notice to proceed, and within the applicable time period
specified in the Design Schedule, the Company shall, with the cooperation and assistance of the
Government Entity as outlined in this Agreement, prepare a project plan for the Conversion Project
(the "Project Plan") which shall include, among other things, the following: (a) a detailed description of
the work that is required to be performed by each party and any third party in connection with the
Conversion Project (the "Construction Work"), (b) the applicable requirements, drawings, and
specifications for the Construction Work, (c) a description of any operating and other property rights
that are required to be obtained by each party for the Conversion Project (and the requirements and
specifications with respect thereto), (d) a detailed estimate of the costs to be incurred by each party in
its performance of the Construction Work, and (e) a detailed schedule for completing the Construction
Work (including, without limitation, the dates for delivery of the ducts and vaults and other materials
for use at the site of the Construction Work).
7. The Government Entity shall be responsible for coordinating the Design Work with all other design
work to be performed in connection with the Conversion Project and any associated planned
improvements to the Public Thoroughfare. The parties shall work together in an effort to mitigate the
costs of the Conversion Project to each party, including, without limitation, identifying ways to
accommodate the facilities of the Company to be installed as part of the Conversion Project within the
Public Thoroughfare.
8. Within the applicable time period specified in the Design Schedule, the Company shall prepare and
submit to the Government Entity a proposed initial draft of the Project Plan. The parties understand
and acknowledge that the proposed Project Plan submitted by the Company shall be preliminary in
nature and shall not include, without limitation, information required to be supplied by the Government
27
Design Agreement, Attachment “A” to Schedule 74, Page 3
South 224th Street and 94th Place South Schedule 74 Conversion (Project Number: 101103886)
Entity (e.g., scope and estimate of the cost of the Construction Work to be performed by the
Government Entity).
9. Within the applicable time period specified in the Design Schedule, the Government Entity shall
(a) review the proposed Project Plan submitted by the Company, (b) complete any information
required to be supplied by the Government Entity, (c) make any changes required to conform the
proposed Project Plan to the Scope of Work and this Agreement, and (d) return the amended Project
Plan to the Company.
10. Within the applicable time period specified in the Design Schedule, the Company shall review the
amended Project Plan submitted by the Government Entity and notify the Government Entity in writing
of either the Company's acceptance of, or the Company's specific objections to, the amended Project
Plan. If the Company makes any objection to the amended Project Plan, and the parties are unable to
resolve the objections and mutually agree upon the Project Plan prior to the final design date specified
in the Design Schedule, then either party may, by written notice to the other party, submit the matter
for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The Project Plan,
as mutually agreed upon by the parties or established through the dispute resolution process, shall be
attached to and incorporated in a Project Construction Agreement substantially in the form attached
hereto as Exhibit A (the "Construction Agreement") which is to be signed by the parties prior to
commencement of the Construction Work.
11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform
to the following requirements:
(a) The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify
that the Government Entity shall install the ducts and vaults for the Conversion Project; provided
that (i) the parties mutually agree upon and set forth in the Project Plan (A) the costs of such
installation work to be included in the Cost of Conversion, and (B) the specifications and
standards applicable to such installation work, and (ii) such installation work is accomplished by
the Government Entity in accordance with the applicable design and construction specifications
provided by the Company and set forth in the Project Plan.
(b) Each estimate of the costs to be incurred by a party shall, at a minimum, be broken down by
(i) the design and engineering costs, (ii) property and related costs, including any costs of
obtaining operating rights, and (iii) construction costs, including and listing separately inspection,
labor, materials, and equipment.
(c) All facilities of the Company installed as part of the Conversion Project shall be located, and all
related property and operating rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74. The Project Plan shall describe in detail the location of such facilities,
any related property and operating rights required to be obtained, and the relative responsibilities
of the parties with respect thereto.
(d) The schedule set forth in the Project Plan for completing the Construction Work shall include, at a
minimum, milestone time periods for completion of the Trenching, installation of ducts and vaults,
the construction and removal of any Temporary Service, and the removal of overhead facilities.
(e) The Project Plan may include the specification of work and requirements for Government-
Requested Upgrades and Company-Initiated Upgrades; provided, however, that the costs
incurred by the Company with respect to the design and engineering of Company-Initiated
Upgrades shall not be included in the costs reimbursable to the Company under this Agreement
or the Construction Agreement. For purposes of the foregoing, (i) the term "Government-
Requested Upgrade" shall mean any feature of the Underground Distribution System which is
requested by the Government Entity and is not reasonably required to make the Underground
28
Design Agreement, Attachment “A” to Schedule 74, Page 4
South 224th Street and 94th Place South Schedule 74 Conversion (Project Number: 101103886)
Distribution System comparable to the overhead distribution system being replaced, and (ii) the
term "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of subparagraph (ii), above, a "comparable" system shall include, unless the parties
otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of
6" or less) of such diameter and number as may be specified and agreed upon in the final Scope
of Work necessary to replicate the load-carrying capacity (system amperage class) of the
overhead system being replaced. For purposes of subparagraph (i), above, any empty ducts
installed at the request of the Government Entity shall be a Government-Requested Upgrade.
(f) The Project Plan shall set forth all specifications, design standards and other requirements for the
Construction Work and the Conversion Project, including, but not limited to, the following:
(i) applicable federal and state safety and electric codes and standards, (ii) applicable construction
and other standards of the Company, and (iii) applicable street design and other standards of the
Government Entity which are in effect as of the commencement of the Conversion Project.
12. Upon request of the Government Entity, and in any event at the times specified in the Design
Schedule, the Company shall provide periodic reports which compare the actual costs of the Design
Work incurred to that point in time to the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that
the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below, the Company shall notify the Government Entity immediately.
Upon receipt of the Company’s notice, the Government Entity may, at its option,
(a) notify the Company in writing that this Agreement is terminated; or
(b) request a reasonably detailed explanation supported by documentation (reasonably satisfactory to
the Government Entity) to establish that the actual costs in excess of the Design Cost Estimate
are:
(i) reasonable,
(ii) consistent with the Scope of Work, and
(iii) consistent with sound engineering practices.
If the Government Entity requests an explanation, the Government Entity shall, within ten (10)
business days after receipt of the explanation,
(a) change the Scope of Work in accordance with paragraph 13, below, or
(b) direct the Company to continue with the Design Work without a change in the Scope of Work, but
reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid
the Company under paragraph 14, below, in accordance with the dispute resolution procedures in
paragraph 16, below, or
(c) direct the Company to discontinue performing the Design Work pending resolution, pursuant to
paragraph 16, below, of any dispute regarding the reasonableness of the costs, in which event the
Design Schedule will be adjusted to reflect the delay, or
(d) notify the Company in writing that this Agreement is terminated.
In the event the Government Entity terminates this Agreement or discontinues the performance of the
Design Work under subparagraph (c), above, for more than ninety (90) days, the Government Entity
shall pay the Company for all costs incurred by the Company in its performance of the Design Work
prior to the date the Company receives the Government Entity's notice of termination, plus any costs
29
Design Agreement, Attachment “A” to Schedule 74, Page 5
South 224th Street and 94th Place South Schedule 74 Conversion (Project Number: 101103886)
incurred by the Company for materials and other items ordered or procured by the Company with the
prior authorization of the Government Entity in order to meet the schedule for the Conversion Project.
The foregoing payment obligation shall survive any termination of this Agreement.
13. (a) Either party may, at any time, by written notice thereof to the other party, request changes to the
Scope of Work (a "Request for Change"). No Request for Change shall be effective and binding
upon the parties unless signed by an authorized representative of each party. If any approved
Request for Change would cause an increase in the cost of, or the time required for, the
performance of any part of the Design Work, an equitable adjustment in the Design Cost Estimate
and the Design Schedule shall be made to reflect such increase. The parties shall negotiate in
good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment.
If the parties are unable to agree upon the terms of the equitable adjustment, either party may
submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16,
below. Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually
acceptable equitable adjustment, each party shall, if requested by the other party, proceed with
the Design Work in accordance with the Request for Change. Any such request to proceed must
be accompanied by a written statement setting forth the requesting party's reasons for rejecting
the proposed equitable adjustment of the other party.
(b) The Design Cost Estimate and/or the Design Schedule shall be equitably adjusted from time to
time to reflect any change in the costs or time required to perform the Design Work to the extent
such change is caused by: (i) any Force Majeure Event under paragraph 17, below, (ii) the
discovery of any condition within the Conversion Area which affects the scope, cost, schedule or
other aspect of the Design Work and was not known by or disclosed to the affected party prior to
the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the
scope, cost, schedule or other aspect of the Design Work which are expressly identified by the
parties in the final Scope of Work. Upon the request of either party, the parties will negotiate in
good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment.
If, at any time thereafter, the parties are unable to agree upon the terms of the equitable
adjustment, either party may submit the matter for resolution pursuant to the dispute resolution
provisions in paragraph 16, below.
14. Upon completion of the Design Work (i.e., the date on which the Project Plan is final under
paragraph 10, above, either by mutual agreement of the parties or as established through the dispute
resolution procedures), the Government Entity shall pay the Company all actual, reasonable costs to
the Company for the Design Work (which, if disputed in good faith by the Government Entity, may be
submitted by either party for resolution pursuant to the dispute resolution provisions in paragraph 16,
below), plus any costs incurred by the Company for materials and other items ordered by the
Company with the prior authorization of the Government Entity in order to meet the schedule for the
Conversion Project. If, thereafter, the Construction Agreement is executed by the parties and the
Conversion Project is completed within five (5) years from the date of this Agreement, the full amount
of the costs incurred by the Company in its performance of the Design Work shall be included in the
"Shared Company Costs" under the Construction Agreement and any payment of such amounts
under this Agreement shall be credited to the Government Entity in calculating the "Net Amount"
payable under the Construction Agreement.
15. Within sixty (60) business days after completion of the Design Work, the Company shall issue to the
Government Entity an itemized invoice for the amounts payable under this Agreement. Such invoice
shall be in a form mutually agreed upon by the Company and the Government Entity and shall, at a
minimum, itemize the design and engineering costs, including and listing separately inspection, labor,
materials and equipment. In the event the Government Entity does not verify such invoice within ten
(10) business days of receipt, the Government Entity shall provide a written request to the Company
specifying the additional information needed to verify the invoice. The Company will provide, within a
reasonable period after receipt of any request, such documentation and information as the
Government Entity may reasonably request to verify such invoice. The Government Entity shall pay
30
Design Agreement, Attachment “A” to Schedule 74, Page 6
South 224th Street and 94th Place South Schedule 74 Conversion (Project Number: 101103886)
the Company all amounts payable under this Agreement within thirty (30) days after receipt of the
Company’s invoice. Payment as provided in this Agreement shall be full compensation for the
Company's performance of the Design Work, including without limitation all services rendered and all
materials, supplies, equipment, and incidentals necessary to complete the Design Work.
Dispute Resolution Procedures:
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the parties. A party who wishes dispute resolution shall notify the
other party in writing as to the nature of the dispute. Each party shall appoint a representative
who shall be responsible for representing the party's interests. The representatives shall
exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10)
business days of the date the disagreement was first raised by written notice shall be referred by
the parties' representatives in writing to the senior management of the parties for resolution. In
the event the senior management are unable to resolve the dispute within twenty (20) business
days (or such other period as the parties may agree upon), each party may pursue resolution of
the dispute through other legal means consistent with the terms of this Agreement. All
negotiations pursuant to these procedures for the resolution of disputes shall be confidential and
shall be treated as compromise and settlement negotiations for purposes of the state and federal
rules of evidence.
(b) Any claim or dispute arising hereunder which relates to the Scope of Work, Design Cost
Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 10,
above; or any Request for Change (including, without limitation, any associated equitable
adjustment) under paragraph 13, above; and is not resolved by senior management within the
time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle,
Washington, under the Construction Industry Arbitration Rules of the American Arbitration
Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and
binding upon the Parties. All other disputes shall be resolved by litigation in any court or
governmental agency, as applicable, having jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this paragraph 16, costs of the arbitrator(s), hearing
rooms and other common costs shall be divided equally among the parties. Each party shall
bear the cost and expense of preparing and presenting its own case (including, but not limited to,
its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of
his or her decision, reimbursement of all or a portion of the prevailing party's costs and expenses
by the other party.
(d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
16. 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; 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
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 obligations 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 caused by a Force Majeure Event.
31
Design Agreement, Attachment “A” to Schedule 74, Page 7
South 224th Street and 94th Place South Schedule 74 Conversion (Project Number: 101103886)
17. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the
Company's electric Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities
and Transportation Commission and in effect as of the date of this Agreement.
18. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or
hand delivery), delivered in person, or mailed, properly addressed and stamped with the required
postage, to the intended recipient as follows:
If to the Government Entity: City of Kent
400 West Gowe Street
Kent WA, 98032
Attn:
Fax: 253-856-6500
If to the Company: Puget Sound Energy, Inc.
6905 South 228th Street
Kent, WA 98032
Attn: Dennis Booth
Fax: 253-395-6882
Either party may change its address specified in this paragraph by giving the other party notice of such
change in accordance with this paragraph.
19. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the
laws of the State of Washington (without reference to rules governing conflict of laws), except to the
extent such laws may be preempted by the laws of the United States of America.
20. This Agreement constitutes the entire agreement of the parties with respect to the subject matter
hereof and all other agreements and understandings of the Parties, whether written or oral, with
respect to the subject matter of this Agreement are hereby superseded in their entireties.
21. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns,
purchasers, and transferees of the parties, including but not limited to, any entity to which the rights or
obligations of a party are assigned, delegated, or transferred in any corporate reorganization, change
of organization, or purchase or transfer of assets by or to another corporation, partnership,
association, or other business organization or division thereof.
Government Entity: Company:
PUGET SOUND ENERGY, INC.
BY BY
ITS ITS
Date Signed Date Signed
Approved as to form:
32
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33
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34
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: April 17, 2017
TO: Public Works Committee Members
FROM: Greg Reed, Utilities Manager
THROUGH: Dave Brock, P.E. Deputy Director / Operations Manager
ITEM 8: Information Only - Utility Maintenance
SUMMARY: Over the last two years, Council has authorized the procurement of
additional/replacement equipment within the Utilities section. New equipment
includes an additional Vactor truck, a new leaf vacuum, and a replacement closed
circuit TV truck. Staff will share the benefit this new/replacement equipment has had
on the sections work plan.
EXHIBIT: Power Point Presentation
BUDGET IMPACT: No budget impact, information only.
NO MOTION REQUIRED / INFORMATION ONLY
35
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36
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: April 17, 2017
TO: Public Works Committee Members
FROM: Gina Hungerford, Conservations Coordinator
THROUGH: Matt Knox, Environmental Engineering Supervisor
Mike Mactutis, P.E. Environmental Engineering Manager
Chad Bieren, P.E. Deputy Director / City Engineer
ITEM 9: Information Only/ 2017 Water Festival - Update
SUMMARY: The annual Water Festival for 3rd - 5th grade students took place on
March 28 & 29, 2017 at Green River College. This was the 18th year that we have
hosted this environmental education event. We had nearly 1,800 students
registered, almost 900 from Kent schools, and a similar amount from Auburn and
Federal Way.
There were 43 presenters – 10 of whom were our enthusiastic in-house staffers,
they provided 353 learning sessions between 10 am - 1:30 pm over the two day
event. Topics presented were water conservation, water quality protection, salmon
& habitat protection, and recycling.
This year we were fortunate to have been awarded an EPA Environmental Education
sub-grant of $5,000. This will help cover the cost of classroom rental, as well as
some of the cost of transporting students to the event.
Educational seminars such as this are required elements of our federal National
Pollutant Discharge Elimination System (NPDES) permit and our Water System Plan.
EXHIBIT: None
BUDGET IMPACT: The City will receive $5,000. The other costs are included in our
budget for our NPDES work and our Water System Plan.
INFORMATION ITEM/NO MOTION REQUIRED
37
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38
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
DATE: April 17, 2017
TO: Public Works Committee Members
FROM: Lacey Jane Wolfe, Senior Transportation Planner
THROUGH: Chad Bieren, P.E., Deputy Director / City Engineer
ITEM 10: Information Only/2018-2023 Six-Year Transportation Improvement
Program
SUMMARY: Public Works staff will present recommendations for updating the six-year
transportation improvement program (TIP). State law requires each city to update its TIP
annually (RCW 35.77.010). The TIP describes street, bicycle, pedestrian, and traffic signal
improvements, as well as planning efforts and preservation projects. In order to be included
in the TIP, projects must either be funded or have a reasonable expectation of being funded.
The existing TIP was adopted in June 2016. Since then, several projects have been
completed; staff recommends these projects be removed from the TIP. Staff also identified
three additional projects that have a reasonable expectation of funding and may be added to
the TIP. The first project is to construct a right-in/right-out intersection at the south end of
Naden Avenue at Willis Street. The second project is a local access street from the
intersection of Naden Avenue and Willis Street. The third project is improvements to South
248th Street, from 104th Avenue Southeast to 116th Avenue Southeast.
In 2016, Kent staff prioritized all capital projects using these criteria:
Preservation of existing facilities
Neighborhoods
Priority areas
Health and safety
Environmental quality
High leverage value
Plans, regulations, agreements
Strategic initiatives
More work will be done in 2017 on the capital projects prioritization process. Additionally, the
upcoming update to the transportation master plan will inform that process as well as future
TIPs.
The draft project list indicates each project’s prioritization ranking among transportation
projects and also among all city projects (see Figure 1) for the Committee’s information
NO MOTION REQUIRED/INFORMATION ONLY
39
Figure 1. Draft Project List for the 2018-2023 Six-Year TIP and Ranking According to 2016
Capital Projects Prioritization Process
Project Description Rank Among
Transportation Projects
Rank Among All City
Projects
South 228th Street/Union
Pacific Railroad Grade
Separation
Not ranked –
under construction
Not ranked –
under construction
72nd Avenue South
Extension
Not ranked –
under construction
Not ranked –
under construction
Kent Regional Trails
Connector
Not ranked –
under construction
Not ranked –
under construction
Southeast 208th Street and
108th Avenue Southeast
Intersection Improvement
Not ranked –
under construction
Not ranked –
under construction
Transportation Master Plan 1 4
Willis Street Roundabout 2 6
Meeker Complete Street
Redesign
2 (64th Ave to SR 167)
2 (SR 167 to Railroad Ave)
5 (Kent Des Moines Road to
64th)
6 (64th Ave to SR 167)
6 (SR 167 to Railroad Ave)
9 (Kent Des Moines Road to
64th)
Street Preservation
Program
2 (in-house portion)
5 (contracted portion)
6 (in-house portion)
9 (contracted portion)
Railroad Quiet Zone for
Downtown Urban Center
3 (Phase 2)
5 (Phase 1)
7 (Phase 2)
9 (Phase 1)
Traffic Signal Management
Program 3 7
76th Avenue South 4 8
Channelization
Improvement Program 4 8
Sidewalks, Sidewalk Repair
and the ADA Compliance
Program
4 8
132nd Avenue Pedestrian
Improvements 5 9
Panther Lake Signal System
Integration 5 9
Willis Street and Central
Avenue Intersection
Improvements
6 10
Naden Right-In Right-Out 7 11
South 224th Street
Extension 7 11
40
Safe Routes to Schools
Improvements at Meridian
Elementary
8 12
Guardrail and Safety
Improvements 12 16
South 248th Street, 104th
Ave SE to 116th Ave SE
Not ranked –
new
Not ranked –
new
Naden Local Access Road Not ranked – new Not ranked - new
EXHIBITS: None
BUDGET IMPACT: Each project or program within the TIP has a different budget impact,
which will be noted in the TIP narrative.
41
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42
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: April 17, 2017
TO: Public Works Committee Members
FROM: Chad Bieren P.E., Deputy Director / City Engineer
ITEM 11: Information Only/Quiet Zone Update
SUMMARY: Staff will provide an update on progress to date.
EXHIBIT: None
BUDGET IMPACT: None
Motion:
INFORMATION ONLY/NO MOTION REQUIRED
43