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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 04/17/2017 (2)Public Works Committee Agenda Councilmembers: Brenda FincherDana 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 1 This page intentionally left blank 2 P a g e | 1 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. 3 P a g e | 2 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 4 P a g e | 3 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 5 P a g e | 4 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 6 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. 7 This page intentionally left blank 8 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: 9 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. 10 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 11 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. / / / / / / / / / / / / 12 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: _________________________________________ 14 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 S Prlled on recycled papet a o o a 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. a o a a o SCOPE OF \ryORK Gray &, Osborne will perform the following engineering services o o a 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, .,1 :.: u-.tt:.,j,,j t",r¡ .r.,.,r.. t 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- o I GRAY &RNE,INC. Russell Porter, P.E. RLP/hh Encl. 19 { E,XHTßTT B 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 I I 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 ) I l0l $77 to $126 $100 $10,t00 Project Manager Hours 4 4 4 4 1 8 2 I J J I $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 This page intentionally left blank 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 Da t e : 3/ 8 / 2 0 1 7 Pr o j e c t T i t l e : So u t h 2 2 4 t h S t r e e t a n d 9 4 t h P l a c e S o u t h S c h e d u l e 7 4 C o n v e r s i o n Pr o j e c t D e s c r i p t i o n : Co n v e r t a p p r o x i m a t e l y 3 , 0 1 5 f e e t o f P S E ’ s o v e r h e a d d i s t r i b u t i o n t o u n d e r g r o u n d . Ra t e S c h e d u l e : Sc h e d u l e 7 4 Pr o j e c t M a n a g e r / P h o n e # : De n n i s B o o t h 4 2 5 - 4 1 7 - 9 1 8 8 Pr o j e c t E n g i n e e r / P h o n e # : Gu y R i d e r 4 2 5 - 4 4 9 - 9 5 9 6 Mu n i c i p a l L i a i s o n M g r / P h o n e # : Pr o j e c t # : 10 1 1 0 3 8 8 6 Re v i s i o n # : Re v i s i o n D a t e : Sh a r e d C o s t s 3 Pr i v a t e Co n v e r s i o n Go v R e q Up g r a d e Te m p o r a r y Se r v i c e s Pr i o r Co n v / R e l o c Wi t h i n 5 Y e a r s To t a l 1 0 0 % G E Re i m b u r s a b l e Co s t s 10 0 % P S E Co s t s De s i g n C o s t s To t a l s Es t i m a t e Es t i m a t e Es t i m a t e Es t i m a t e Es t i m a t e Es t i m a t e Es t i m a t e Es t i m a t e De s i g n & E n g i n e e r i n g La b o r - $ - $ - $ - $ - $ - $ - $ - $ Ma t e r i a l - $ - $ - $ - $ - $ - $ - $ - $ Eq u i p m e n t - $ - $ - $ - $ - $ - $ - $ - $ Se r v i c e P r o v i d e r O u t s i d e S e r v i c e s 17 , 5 0 0 $ - $ - $ - $ - $ - $ - $ 17 , 5 0 0 $ Ov e r h e a d 2, 5 0 0 $ - $ - $ - $ - $ - $ - $ 2, 5 0 0 $ De s i g n C o s t s T o t a l s 20 , 0 0 0 $ - $ - $ - $ - $ - $ - $ 20 , 0 0 0 $ No t e s : 1 Es t i m a t e o f C o m p a n y d e s i g n w o r k c o s t s p r e p a r e d i n a c c o r d a n c e w i t h S e c t i o n 3 o f S c h e d u l e 7 4 D e s i g n A g r e e m e n t Es t i m a t e d A m o u n t D u e A t 2 Al l a m o u n t s s h o w n i n t h i s e s t i m a t e a r e r o u n d e d u p t o t h e n e x t $ 1 0 0 20 , 0 0 0 $ 3 Sh a r e d C o s t s a r e a l l o c a t e d 4 0 % t o t h e G o v e r n m e n t E n t i t y a n d 6 0 % t o t h e C o m p a n y i f t h e C o n v e r s i o n P r o j e c t i s c o m p l e t e d 10 0 % G o v e r n m e n t E n t i t y R e i m b u r s a b l e C o s t s C o m p l e t i o n o f D e s i g n W o r k De s i g n C o s t s E s t i m a t e S u m m a r y 1, 2 De s i g n E s t i m a t e Pr i n t e d 3 / 8 / 2 0 1 7 1 : 0 3 P M 33 This page intentionally left blank 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 This page intentionally left blank 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 This page intentionally left blank 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 This page intentionally left blank 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