HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/21/2016 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
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.
March 21, 2016
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 March 7, 2016 Meeting Minutes YES None 03 03
5. Consultant Agreement with Shearer Design,
LLC – Bridge Analyses
YES Joseph Araucto 05 07
6. Consultant Agreement with Tierra Right of
Way – South 228th Union Pacific Railroad
Grade Separation Project
YES Mark Madfai 05 27
7. Construction Agreement with PSE for 228th
Street Grade Separation Project -
Transmission Relocation
YES Mark Madfai 05 45
8. Interlocal Agreement with King County Flood
Control Zone District
YES Mark Madfai 10 55
9. Information Only/FAST & TIGER Grant
Application
NO Lacey Jane Wolfe 10 65
10. Information Only/Kent Water Supply &
Treatment
NO Sean Bauer
Kevin Swinford
15 67
11. Information Only/Traffic Control Signal Box NO Kelly Peterson 05 69
12. Information Only/Quiet Zone Update NO Chad Bieren 05 71
1
This page intentionally left blank
2
Special Public Works Committee Minutes
March 7, 2016
1
Item 1 – Call to Order: The meeting was called to order at 4:01 p.m. by Committee
Chair, Dennis Higgins.
Item 2 – Roll Call: Committee Chair, Dennis Higgins and Committee members Dana
Ralph and Brenda Fincher were present.
Item 3 – Changes to the Agenda: Pacific Gateway was added to the agenda as
information only item.to the agenda
Item 4 – Approval of Meeting Minutes Dated February 22, 2016:
Council member Fincher MOVED to approve the minutes of February 22, 2016.
The motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 5 – Bid Award Recommendation for 2016 Asphalt Overlay:
Joseph Araucto, Pavement Management Engineer, noted that the city received and
opened four very favorable bids for the 2016 Asphalt Overlay contract, all of which were
under the engineer’s estimate. The project included streets previously approved by the
Council on 10/20/2015, in anticipation of low asphalt prices staff included additional
locations for pavement overlay. With the favorable bids staff recommended including
the following streets:
All streets in the Mountain View Place neighborhood (aka. Hycroft)
South 236 Street between Lakeside Boulevard East and 64th Avenue South
Committee member Ralph MOVED to recommend award of the 2016 Asphalt
Overlay contract to the lowest responsive bid and responsible bidder, ICON
Materials, in the amount of $3,489,528.50 including the overlay of the
Mountain View Place neighborhood (aka Hycroft) and South 236th Street
between Lakeside Blvd East and 64th Avenue South. The motion was
SECONDED by Committee member Fincher and PASSED 3 - 0.
Item 6 – Grandview Water Easement with Highline Water District:
Chad Bieren, City Engineer noted that as part of the Grandview Apartments project,
water service from Highline Water District needs to be connected to an existing water
main in Riverview Boulevard. A section of water line needs to traverse city owned
property near the Riverview Boulevard Bridge.
Committee member Fincher MOVED to recommend Council authorize the Mayor
to execute all necessary documents to grant a water easement with Highline
Water District on City property to serve the Grandview Apartments, subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director. The motion was SECONDED by Committee member Ralph and PASSED
3 - 0.
3
Special Public Works Committee Minutes
March 7, 2016
2
Item 7 – Information Only/Recycling Event March 2016:
Gina Hungerford, Recycling Coordinator gave a brief update on the upcoming March 12,
2016 recycling event.
The annual Spring Recycling Event will be held March 12, from 9:00 am - 3:00 pm,
at Hogan Park on Russell Road. Residents are invited to bring items not easily recycled
at the curb including appliances, tires, bulky yard debris & Styrofoam at no charge. NW
Center will be on site to collect reusable household goods. Hungerford handed out the
flyers that went out in the mail this week. Hungerford noted that a list of what to bring
could be found at www.KentRecycles.com.
Composter and Worm Bin Sale: Will be available for $25.00 each, while supplies last.
Both events are funded by the Dept. of Ecology Coordinated Prevention Grant, the King
County Waste Reduction and Recycling Grant, and the Local Hazardous Waste
Management Program Grant.
Hungerford reminded everyone to not forget that the week of April 4 - 15 (on your
normal yard waste collection day) is Spring Curbside Cleanup Week: Residents can
place additional garbage and yard waste at the curb. A flyer with details will be sent in
mid-March and will also be available at www.KentRecycles.com.
INFORMATION ONLY/NO MOTION REQUIRED
Item 8 – Information Only/Puget Sound Regional Council Federal Highway
Funding 2016 Project Selection:
Lacey Jane Wolfe, Senior Transportation Planner highlighted grant opportunities that
are available for transportation projects. Wolfe went over a number of projects and
available funding source.
Wolfe noted that staff has evaluated the 2016 grant opportunities with respect to City
priorities and recommended Kent submit a preservation project grant in the countywide
process on East Valley Highway. Committee affirmed that matching funds for this grant
application could come from Business and Occupation tax receipts. Additionally, staff
recommended the City apply for Washington State Department of Transportation grant
funds for both the Pedestrian and Bicycle Program and the Safe Routes to School
Program. The Pedestrian Bicycle Program project would be located on Meeker Street.
Staff noted funds could come from council set aside money for downtown place making,
the “Meet Me on Meeker proposal.” The Safe Walking Routes to School project would
come from school zone radar speed enforcement camera revenue.
Staff recommended and committee concurred to move forward with the request.
INFORMATION ONLY/NO MOTION REQUIRED
Item 9 – Information Only/Quiet Zone Update:
Chad Bieren, City Engineer stated that there are a number of construction projects
along James Street scheduled for this summer, including a stormwater pump station at
the bottom of the hill near Mill Creek, recently awarded a new water main to replace an
4
Special Public Works Committee Minutes
March 7, 2016
3
existing main, landscaping improvements on both sides of the road and an asphalt
pavement overlay. Staff will provide an update of the work, a construction schedule,
and information to the public to expect traffic inconveniences during construction this
summer.
INFORMATION ONLY/NO MOTION REQUIRED
ITEM 10 – ADDED ITEM Gateway Projects:
Kelly Peterson, Special Project/Transportation Manager gave a brief update on the
Gateway Projects, noting the connection of SR 509 with Veterans Drive. Peterson also
noted that he attended meetings about the SR 167 project, in Pierce County.
Kent is the only local jurisdiction involved with both projects. Peterson stated that
funding for both projects come from the same budget therefore, it is important that
Kent stay involved.
The meeting was adjourned at 4:59 p.m.
Cheryl Viseth
Council Committee Recorder
5
This page intentionally left blank
6
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: February 8, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 21, 2016
From: Joseph S. Araucto, P.E. – Pavement Manager Engineer
Through: Dave Brock, P.E., Public Works Operations Manager
Item 5: Consultant Services Agreement with Shearer Design, LLC
Summary:
The Federal Highway Administration (FHWA) recently required agencies who own bridges
listed in the National Bridge Inventory (NBI) to have structural analyses of the bridges
performed for specialized hauling vehicles. Specialized hauling vehicles are commercial
vehicles with closely spaced multi-axles including dump trucks, cranes, solid waste trucks,
specialized hauling trucks and other multi-axle vehicles that were introduced by the trucking
industry during the last decade.
The City of Kent maintains 18 vehicle carrying bridges that are contained in the NBI. Of the
18 bridges, one bridge, Col Joe M Jackson bridge, has already been rated using the new
requirements and is already compliant, leaving 17 bridges needing to comply.
The compliance schedule provided by the FHWA allows the City to group its bridges into 2
groups based on bridge span length and previous rating information. Group 1 bridges are
required to be analyzed by December 31, 2017 for compliance (6 City of Kent bridges), and
Group 2 by December 31, 2022 (11 City of Kent bridges).
This Agreement with Shearer Design, LLC will provide the specialized structural engineering
expertise to perform the bridge rating for the following Group 1 bridges: Meeker Street
bridge, Central Ave bridge (co-owned with King County) Mill Creek Slab bridge, Mill Creek
Arch bridge, as well as the North and South Frager Road bridges.
Staff is working on de-listing both Frager Road bridges from the NBI. If successful, the
Consultant will be directed not to rate these bridges.
Exhibit: Consultant Services Agreement
Budget Impact: Proposed funding is from 2016 Business & Occupation tax revenue.
Motion: Authorize the Mayor to sign a Consultant Services Agreement
with Shearer Design, LLC, in the amount of $54,016.4, for the purpose of
performing structural analysis work for up to six city owned bridges, upon
concurrence of the language therein by the City Attorney and Public
Works Director.
7
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Shearer Design LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of Washington,
located and doing business at 3613 Phinney Ave. N. #B, Seattle, WA 98103, Phone: (206) 781-7830/Fax:
(206) 281-1751, Contact: David Shearer (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 load rating analysis and reports for six bridges in the city. 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 August 31, 2016.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Fifty Four Thousand, Sixteen Dollars and forty cents ($54,016.40), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed amendment to
this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit A.
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:
8
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 liability hereunder shall be only to the extent
of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
9
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The 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
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
10
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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.
/ /
/ /
/ /
/ /
/ /
/ /
11
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.
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:
David Shearer
Shearer Design LLC
3613 Phinney Ave. N. #B
Seattle, WA 98103
(206) 781-7830 (telephone)
(206) 281-1751 (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
Shearer - Bridge Load Rating/Araucto
12
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: _________________________________________
13
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.
14
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: _________________________________________
15
SHEARER DESIGN llc.
Bridge Design, Construction Engineering and Infrastructure Aesthetics
3613 Phinney Ave N #B
Seattle, WA 98103
(206)781-7830
\\SHEARERSERVER\D-Drive\ADMIN\Job Contracts\C-0279 Kent Load Rating\0279 Kent Load Rating.docx
November 27, 2015
City of Kent
Public Works Operations
5821 South 240th Street
Kent, WA 98032
Subject: Bridge Load Rating Reports
Attn: Joseph Araucto P.E.
Dear Mr. Araucto:
We are happy to provide engineering services to the City of Kent for load rating analysis and
reports for several bridges in your inventory. As I understand it, we may best assist the City with
the following scope of services;
Load Rating
This task shall provide a load rating report for each identified bridge for the City Records and
inventory. The load rating shall be completed in accordance with the WSDOT BDM Chapter 13
and the AASHTO Manual for bridge evaluation (current edition). The load rating review will
include analysis of the NRL loading and all SU vehicles.
Deliverables Load Rating Reports:
South Frager Bridge
North Frager Bridge
Green River Bridge
Kent -14 Mill Cr
Kent -15 Mill Cr
Central Ave Bridge
Please see the enclosed spreadsheet for a summary of our estimated cost and hours for this
project. We look forward to working with you. If you have any questions please feel free to call.
Sincerely,
David R. Shearer S.E.
Principal Bridge Engineer
SHEARER DESIGN
16
COMPENSATION
Shearer Design LLC.Task Estimate
Shearer Design (206) 781-7830
Project City of Kent Bridge Load Ratings
Date 27-Nov City of Kent Joseph Aracuto
Prepared By DRS (253) 856-5664
8539900 South Frager Bridge $6,028.80
8524000 North Frager Bridge $6,056.00
8589300 Green River Brige $18,010.80
0004718A Mill Creek -14 $5,942.40
000000FS Mill Creek -15 $5,942.40
8585100 Central Ave Br.$12,036.00
Total $54,016.40
Shearer Design LLC
Personal Services Agreement
17
COMPENSATION
Shearer Design LLC.Task Estimate
Shearer Design (206) 781-7830
Project City of Kent Bridge Load Ratings
Date 27-Nov City of Kent Joseph Aracuto
Prepared By DRS (253) 856-5664
Principal Sr. Engineer Proj. Engineer Staff Engineer
8539900 South Frager Bridge 3 span concrete slab
Load Rating
Main Span
Modeling 4 4
Analysis 2 8
Report
Review 4 12
QC 8
Publish 8
Sub Totals 18 32 0
Billing Rates $134.40 $112.80 $99.00 84
$2,419.20 $3,609.60 $0.00 Sum totals fully burdened cost $6,028.80
Indirect Cost
Mylars 0 $150 -$
Mileage 0 0.56 -$
Expense Total -$
Sub Total Labor A $6,028.80
Expenses B $0.00
Subconsultants 0 Subconsultants C $0.00
Total A+B+C $6,028.80
Shearer Design LLC
Personal Services Agreement
18
COMPENSATION
Shearer Design LLC.Task Estimate
Shearer Design (206) 781-7830
Project City of Kent Bridge Load Ratings
Date 27-Nov City of Kent Joseph Aracuto
Prepared By DRS (253) 856-5664
Principal Sr. Engineer Proj. Engineer Staff Engineer
8524000 North Frager Bridge 3 span concrete slab
Load Rating
Main Span
Modeling 4 4
Analysis 2 8
Report
Review 4 12
QC 8
Publish 7
Sub Totals 18 31 0
Billing Rates $134.40 $112.80 $99.00 84
$2,419.20 $3,496.80 $0.00 Sum totals fully burdened cost $5,916.00
Indirect Cost
Mylars 0 $150 -$
Mileage 250 0.56 140.00$
Expense Total 140.00$
Sub Total Labor A $5,916.00
Expenses B $140.00
Subconsultants 0 Subconsultants C $0.00
Total A+B+C $6,056.00
Shearer Design LLC
Personal Services Agreement
19
COMPENSATION
Shearer Design LLC.Task Estimate
Shearer Design (206) 781-7830
Project City of Kent Bridge Load Ratings
Date 27-Nov City of Kent Joseph Aracuto
Prepared By DRS (253) 856-5664
Principal Sr. Engineer Proj. Engineer Staff Engineer
8589300 Green River Brige Steel Truss 240'
Load Rating
Main Span
Modeling 4 40 16
Analysis 2 40 18
Report
Review 4 18
QC 10
Publish 8
Sub Totals 20 106 34
Billing Rates $134.40 $112.80 $99.00 84
$2,688.00 $11,956.80 $3,366.00 Sum totals fully burdened cost $18,010.80
Indirect Cost
Mylars 0 $150 -$
Mileage 0 0.56 -$
Expense Total -$
Sub Total Labor A $18,010.80
Expenses B $0.00
Subconsultants 0 Subconsultants C $0.00
Total A+B+C $18,010.80
Shearer Design LLC
Personal Services Agreement
20
COMPENSATION
Shearer Design LLC.Task Estimate
Shearer Design (206) 781-7830
Project City of Kent Bridge Load Ratings
Date 27-Nov City of Kent Joseph Aracuto
Prepared By DRS (253) 856-5664
Principal Sr. Engineer Proj. Engineer Staff Engineer
0004718A Mill Creek -14 66' slab concrete
Load Rating
Main Span
Modeling 4 8
Analysis 2 12
Report
Review 4 8
QC 4
Publish 8
Sub Totals 14 36 0
Billing Rates $134.40 $112.80 $99.00 84
$1,881.60 $4,060.80 $0.00 Sum totals fully burdened cost $5,942.40
Indirect Cost
Mylars 0 $150 -$
Mileage 0 0.56 -$
Expense Total -$
Sub Total Labor A $5,942.40
Expenses B $0.00
Subconsultants 0 Subconsultants C $0.00
Total A+B+C $5,942.40
Shearer Design LLC
Personal Services Agreement
21
COMPENSATION
Shearer Design LLC.Task Estimate
Shearer Design (206) 781-7830
Project City of Kent Bridge Load Ratings
Date 27-Nov City of Kent Joseph Aracuto
Prepared By DRS (253) 856-5664
Principal Sr. Engineer Proj. Engineer Staff Engineer
000000FS Mill Creek -15 30' Conc Culvert
Load Rating
Main Span
Modeling 4 8
Analysis 2 12
Report
Review 4 8
QC 4
Publish 8
Sub Totals 14 36 0
Billing Rates $134.40 $112.80 $99.00 84
$1,881.60 $4,060.80 $0.00 Sum totals fully burdened cost $5,942.40
Indirect Cost
Mylars 0 $150 -$
Mileage 0 0.56 -$
Expense Total -$
Sub Total Labor A $5,942.40
Expenses B $0.00
Subconsultants 0 Subconsultants C $0.00
Total A+B+C $5,942.40
Shearer Design LLC
Personal Services Agreement
22
COMPENSATION
Shearer Design LLC.Task Estimate
Shearer Design (206) 781-7830
Project City of Kent Bridge Load Ratings
Date 27-Nov City of Kent Joseph Aracuto
Prepared By DRS (253) 856-5664
Principal Sr. Engineer Proj. Engineer Staff Engineer
8585100 Central Ave Br.250' Steel Multi Beam
Load Rating
Main Span
Modeling 4 39
Analysis 2 32 8
Report
Review 4 4
QC 4
Publish 8
Sub Totals 14 83 8
Billing Rates $134.40 $112.80 $99.00 84
$1,881.60 $9,362.40 $792.00 Sum totals fully burdened cost $12,036.00
Indirect Cost
Mylars 0 $150 -$
Mileage 0 0.56 -$
Expense Total -$
Sub Total Labor A $12,036.00
Expenses B $0.00
Subconsultants 0 Subconsultants C $0.00
Total A+B+C $12,036.00
Shearer Design LLC
Personal Services Agreement
23
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
24
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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 Contractor before commencement of the work. F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
25
This page intentionally left blank
26
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: March 14, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 21, 2016
From: Mark Madfai, P.E., Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Item 6: Consultant Services Agreement with Tierra Right of Way for
Property Negotiation Services for the S. 228th Street Union Pacific
Grade Separation Project
Summary:
The South 228th Street Grade Separation project will construct an overpass over the
Union Pacific rail lines to eliminate the at-grade crossing and the conflict between
vehicles and trains. The bridge will also span the Interurban Trail located within PSE
right of way. This project is the third and final phase of the South 228th Street corridor,
connecting the valley with I-5 and the future SR 509 freeway.
In order to construct the project the City will need to acquire property rights from
adjacent owners to install utilities and pay damages for modified access to certain
properties. Under this agreement the Consultant will help the City negotiate with
property owners for these rights based on appraisals performed by professional
appraisers.
Exhibit: Consultant Services Agreement with Tierra Right of Way
Budget Impact: This will paid for using the State funds awarded through the
“Connecting Washington” transportation fund package.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Tierra Right of Way in an amount not to
exceed $71,200.00 to provide Property Negotiation Services for the South
228th Street Union Pacific Railroad Grade Separation project, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
27
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Tierra Right of Way Services, Ltd.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Tierra Right of Way Services, Ltd. organized under the laws of the State of
Arizona, located and doing business at 1575 East River Road, Suite 201, Tucson, AZ 85718, Phone: (520)
319-2106/Fax: (520) 323-3326, Contact: Mack Dickerson (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 right of way acquisition services for the S. 228th St. UPRR
Grade Separation 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 July 31, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Seventy One Thousand, Two Hundred Dollars ($71,200.00), for the services described in
this Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
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:
28
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 liability hereunder shall be only to the extent
of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
29
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The 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
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
30
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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.
/ /
/ /
/ /
/ /
/ /
/ /
31
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.
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:
Mack Dickerson
Tierra Right of Way Services, Ltd.
1575 East River Rd., Suite 201
Tucson, AZ 85718
(520) 319-2106 (telephone)
(520) 323-3326 (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
Tierra Right of Way - 228th UPRR/Willms-Dixon
32
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: _________________________________________
33
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.
34
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: _________________________________________
35
36
37
38
39
40
41
42
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
43
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
44
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: March 15, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 21, 2016
From: Mark Madfai, P.E., Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Item 7: Facility Relocation/Modification Agreement with Puget Sound Energy
for the relocation of transmission facilities for the 228th Street Union
Pacific Grade Separation Project
Summary: The South 228th Street Grade Separation project will construct an overpass
over the Union Pacific rail lines to eliminate the at-grade crossing and the conflict between
vehicles and trains. The bridge will also span the Interurban Trail located within PSE right
of way. This project is the third and final phase of the South 228th Street corridor,
connecting the valley with I-5 and the future SR 509 freeway.
Under this agreement Puget Sound Energy will complete the relocation/raising of its
overhead transmission system to accommodate the new bridge.
Exhibit: Facility Relocation/Modification Agreement with Puget Sound Energy
Budget Impact: This will paid for using the State funds awarded through the
“Connecting Washington” transportation package.
Motion: Move to recommend Council authorize the Mayor to sign a Facility
Relocation/Modification Agreement with Puget Sound Energy in an amount
not to exceed $1,579,286.00 to raise their transmission facilities for the 228th
Street Union Pacific Grade Separation project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
45
Puget Sound Energy * 6522 Kitsap Way * Bremerton, WA 98312 * 360-475-7020
FACILITY RELOCATION/MODIFICATION AGREEMENT
This Agreement, dated as of March 15, 2016, is made and entered into by and between
Puget Sound Energy, Inc., a Washington corporation ("PSE"), and the City of Kent
("Government Entity"). PSE and the Government Entity are sometimes referred to herein
individually as a "Party" and collectively as the "Parties."
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and convenient
to the transmission and distribution of electricity ("Facilities") that are located on or in relation
to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating
Rights are more particularly described on Exhibit A attached hereto and incorporated herein
by this reference.
B. The Government Entity plans to construct improvements to the White River – O’Brien
#1 115kV transmission line, the O’Brien – Christopher #2 115kV transmission line, and the
Christopher – O’Brien #4 230kV transmission line ("Improvements"). Scope: Increasing the
height of two 115kV transmission lines, as well as one double-circuit 230kV transmission line
to accommodate the grade separation over the Union Pacific Railroad tracks on south 228th
Street in Kent, WA.
C. In connection with the Improvements, the Government Entity has requested that PSE
perform certain engineering design work and certain construction work relating to
modification or relocation of its Facilities (the "Relocation Work"), all in accordance with and
subject to the terms and conditions of this Agreement, and any applicable tariff on file with the
Washington Utilities and Transportation Commission (the "WUTC").
D. The Government Entity has provided to PSE a written plan for the Improvements (the
"Improvement Plan") which includes, among other things, (a) plans and specifications
sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the
Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, (c) inclusion in any
required permits and (d) information concerning possible conflicts between PSE's Facilities
and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to this
Agreement.
46
1.2 Performance of Relocation Work. Subject to the terms and conditions of this
Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable efforts
to perform the Relocation Work. PSE shall perform the Relocation Work in accordance with
the schedule provided in Exhibit B (the "Relocation Schedule") with reasonable diligence in
the ordinary course of its business and in light of any operational issues as to the remainder
of its utility systems that may be influenced by the Relocation Work. PSE shall have no
liability to the Government Entity or any third party, nor shall the Government Entity be
relieved or released from its obligations hereunder, in the event of any delay in the
performance of the Relocation Work due to any (a) repair, maintenance, improvement,
renewal or replacement work on PSE's utility systems, which work is necessary or prudent as
determined by PSE in its sole discretion; or (b) actions taken by PSE which are necessary or
consistent with prudent utility practices to protect the performance, integrity, reliability or
stability of PSE's utility systems or any systems to which such systems are connected.
1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in
writing of any reasonably anticipated adjustments to the Relocation Work (including the
Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE’s performance of the Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
control of PSE. The Parties acknowledge that additional requirements not contemplated by
the Parties may arise during the performance of the Relocation Work. In the event such
additional requirements arise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation Cost Estimate.
1.4 Performance by Government Entity. In the event the Government Entity is unable
to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and
absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to
adjust the Relocation Schedule to allow additional time for the Government Entity to perform
such obligations; provided, that if the Parties cannot reasonably agree upon such schedule
adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written
notice to the Government Entity, and the Government Entity shall promptly pay PSE the
amounts payable to PSE in connection with such termination under Section 5.5. PSE's
determination as to the satisfaction or waiver of any such condition under this Agreement
shall not be deemed to be a determination of satisfaction or waiver of any other condition
arising under this Agreement.
1.5 Notice to Proceed with Construction Work. At least 10 days prior to the date
specified in the Relocation Schedule for commencement of construction for the Relocation
Work, the Government Entity shall either (a) provide to PSE a written notice to proceed with
such construction work, or (b) terminate this Agreement by written notice to PSE. In the
event of such termination, the Government Entity shall promptly pay PSE the amounts
payable to PSE in connection with termination under Section 5.5.
47
Section 2. Operating Rights
Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible
for any costs related to acquisition of any and all operating rights for the Facilities that are
necessary or appropriate, in addition to or as replacement for the Existing Operating Rights,
for completion of the Relocation Work ("New Operating Rights"). Such New Operating Rights
shall be in PSE's name, shall be of equivalent quality and kind as the Existing Operating
Rights and shall be provided in a form acceptable to PSE, all as determined by PSE in its
sole discretion. The New Operating Rights shall be provided with sufficient title information
demonstrating to PSE's satisfaction that PSE shall obtain clear, good and sufficient title to
such rights, if applicable. PSE shall not be obligated to commence the Relocation Work, or
otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable
operation of the Facilities as located upon or relative to the Existing Operating Rights, unless
and until PSE is in possession of the New Operating Rights.
Section 3. Permits
The Government Entity shall be solely responsible for any costs related to acquisition of any
and all permits, licenses, certificates, inspections, reviews, impact statements,
determinations, authorizations, exemptions or any other form of review or approval given,
made, done, issued or provided by any one or more governmental authorities with jurisdiction
necessary or convenient for the Relocation Work (collectively, "Permits"). The Permits shall
be on such terms and conditions as PSE shall, in its sole discretion, determine to be
appropriate to its needs. PSE shall not be obligated to commence construction for the
Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the
normal and reliable operation of the Facilities, unless and until PSE is in possession of all
Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits
shall have been exhausted. The Government Entity shall be responsible for performance of
and any costs associated with any mitigation required by the Permits.
Section 4. Materials and Ownership
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary
materials, equipment and labor required to perform the Relocation Work. All materials,
information, property and other items provided for, used or incorporated into the Relocation
Work (including but not limited to the Facilities) shall be and remain the property of PSE.
Section 5. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation Work (the
"Relocation Cost Estimate") is $1,579,286.00. The Parties agree that the Relocation Cost
Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs
incurred in or allocable to the performance of the Relocation Work.
5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual
costs incurred during the performance of the Relocation Work, and in the event PSE
determines that such costs are likely to exceed the Relocation Cost Estimate by more than
twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event
PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be
48
obligated to continue with performance of any Relocation Work unless and until PSE receives
the Government Entity’s written acceptance of PSE's revised Relocation Cost Estimate and
written notice to proceed with the Relocation Work. In the event PSE does not receive such
acceptance and notice from the Government Entity within ten (10) working days from the date
of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In the event of
such termination, the Government Entity shall promptly pay PSE the amounts payable to
PSE in connection with termination under Section 5.5.
5.3 Relocation Costs. The Government Entity shall be responsible for, and shall
reimburse PSE for, all costs and expenses incurred by PSE in connection with the
performance the Relocation Work (the "Relocation Costs"). For purposes of this Agreement,
the Relocation Costs shall include, without limitation, any and all direct and indirect costs
incurred by PSE in connection with the performance of the Relocation Work, including, but
not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants,
attorneys and other professionals, administration and general expenses and taxes.
5.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
5.5 Costs Upon Termination of Agreement. In the event either Party terminates this
Agreement, the Government Entity shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the Relocation
Work (including, without limitation, all Relocation Costs incurred through the date of
termination and such additional costs as PSE may incur in connection with its
suspension or curtailment of the Relocation Work and the orderly termination of the
Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
5.6 Payment. The Government Entity shall, within thirty (30) days after the receipt of an
invoice for costs payable under this Agreement, remit to PSE payment for the full amount of
the invoice.
Section 6. Indemnification
6.1 Indemnification. The Government Entity releases and shall defend, indemnify and
hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses
(including, but not limited to, reasonable attorneys' fees) caused by or arising out of any
negligent act or omission or willful misconduct of the Government Entity in its performance
under this Agreement. PSE releases and shall defend, indemnify and hold harmless the
Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses
(including, but not limited to, reasonable attorneys' fees) caused by or arising out of any
negligent act or omission or willful misconduct of PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each
49
Party shall at all times remain employees or contractors, respectively, that Party and shall not
be, or be construed to be, employees or contractors, respectively, of the other Party.
6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a
Party under this Section 6, each Party expressly waives its immunity under Title 51 of the
Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to
indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim
brought against the indemnified Party by or on behalf of any employee of the indemnifying
Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising
such immunity as a defense against any claim brought against the indemnifying Party by any
of its employees.
Section 7. Disclaimers and Limitation of Liability
7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or
implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to, any implied warranty of merchantability or fitness for
a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty,
tort or otherwise, to any other party or to any other person for any indirect, incidental, special
or consequential damages arising out of the performance or nonperformance of the
Relocation Work or this Agreement.
Section 8. Miscellaneous
8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of
PSE now or hereafter in effect and on file with the WUTC. In the event of any conflict or
inconsistency between any provision of this Agreement and any such tariff, the terms of the
tariff shall govern and control.
8.2 Survival. Sections 2 and 4 through 8 shall survive any termination of this Agreement.
Subject to the foregoing, and except as otherwise provided herein, upon and following
termination of this Agreement neither Party shall have any further obligations arising under
this Agreement and this Agreement shall be of no further force or effect.
8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any
provision of this Agreement shall not be construed to be a waiver or relinquishment of any
such provision or any other provision in that or any other instance; rather, the same shall be
and remain in full force and effect.
8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the
complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
8.5 Force Majeure. In the event that either Party is prevented or delayed in the
performance of any of its obligations under this Agreement by reason beyond its reasonable
50
control (a "Force Majeure Event"), then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other
condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental
agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its
contractors or a third party; or any failure or delay in the performance by the other Party, or a
third party who is not an employee, agent or contractor of the Party claiming a force Majeure
Event, in connection with the Relocation Work or this Agreement. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligation in an orderly and expedited manner under this
Agreement or procure a substitute for such obligation. The Parties shall use all commercially
reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event.
8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof, and this Agreement shall be construed in all
respects as if such invalid or unenforceable provisions were omitted.
8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other
communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at the address
and to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all
respects in accordance with the laws of the State of Washington. This Agreement shall be
fully binding upon the Parties and their respective successors, assigns and legal
representatives.
In witness whereof, the Parties have executed this Agreement as of the date set forth above.
PSE: Government Entity:
Puget Sound Energy, Inc. Kitsap County Public Works
By By
Its Its
Address: Address:
Attn: Attn:
51
EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
The west line, Obrien-White River No. 2, 115kV and the Christopher-Obrien No. 2 230kV line
is within PSE fee owned property.
o Olympic Pipeline also has an easement on PSE fee own property so PSE needs to
determine if any of the work to be performed will conflict with the pipeline system.
The east line, Obrien-Christopher No. 2, 115kV is within the Union Pacific right-of-way and
PSE has a permit on their property.
o The permit calls for a one-time $4,000 license fee for new crossing or altering the
existing line that is to be paid by the City.
52
EXHIBIT B
RELOCATION WORK
This is the project scope:
Cost Estimate:
53
Location: South 228th Street, Kent, WA.
Scope: Raise a total of seven (7) wood 115kV transmission poles and two (2) steel 230 kV transmission towers
to accommodate the City of Kent in the grade separation on South 228th Street over the Union Pacific Railroad
tracks. This price includes all costs associated with construction of this project.
54
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: March 17, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 21, 2016
From: Mark Madfai, P.E., Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Item 8: Interlocal Agreement between the City of Kent and the King County
Flood Control District for the Milwaukee II Levee Project
Summary: The Milwaukee II levee is a part of the Horseshoe Bend Levee that spans
between 3rd Avenue South and the Union Pacific railroad embankment. This area is
above the 100 year flood elevation but needs additional freeboard in order to accredit
this levee and the levees downstream along the right bank of the Green River.
The Flood Control District has allocated funding to Kent for this project to purchase
property and construct the levee improvements. This Interlocal Agreement (ILA) will
allow the City to proceed with an Alternatives Analysis and acquire property for the levee
project. A future ILA will be required to design and construct levee improvements.
Exhibit: Draft Interlocal Agreement
Budget Impact: The City will be reimbursed by the Flood Control District in accordance
with the ILA.
Motion: Move to recommend Council authorize the Mayor to sign an
Interlocal Agreement with the King County Flood Control District for the
Milwaukee II Levee project, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
55
482198.2 | 361395 | 0001 -1-
AGREEMENT REGARDING ALTERNATIVES AND PROPERTY ACQUISITION
Milwaukee II Levee Improvement Project
River Mile 24.04 to 24.25, Right Bank
THIS AGREEMENT REGARDING ALTERNATIVES AND PROPERTY
ACQUISITION (“Agreement”) relating to the Milwaukee II Levee, River Mile 24.04 to 24.25,
Right Bank, is entered into on the last date signed below by and between the CITY OF KENT, a
Washington municipal corporation (“City”), and KING COUNTY FLOOD CONTROL ZONE
DISTRICT, a quasi-municipal corporation of the State of Washington (“District”) (collectively,
the "Parties").
RECITALS
A. King County, Washington, through the Water and Land Resources Division of the
King County Department of Natural Resources and Parks, as service provider to the District
pursuant to an interlocal agreement with the District, operates and maintains a major portion of
the Green River levee system.
B. The Milwaukee II Levee (“Levee”) is a key part of the Green River levee system.
The District desires to improve the Levee to provide improved flood protection and scour
protection, to enable certification and secure necessary land rights (the Levee improvement will
hereafter be referred to as the “Project”). The area of the Project is the right bank of the Green
River from River Mile 24.04 to 24.25.
C. The District has included the Project in its CIP and budget, in a total amount of
$8,500,000. The City has agreed to construct the Project, in order to provide for the safety of
residents and businesses that are protected by the Levee. The Parties desire to construct the
Project as soon as possible, with a goal of construction in 2017.
D. The preliminary plan for the Project is to increase the height of the Levee to
achieve the Lower Green River System-Wide Improvement Framework’s provisional flood
protection goal of 500-year or 18,800 cfs, plus three feet of freeboard. Before determining the
final plan for the Project, the Parties desire to prepare an analysis and study of design and
construction alternatives for the Project, and select a preferred alternative for recommendation to
the District. The Parties further intend that after the District selects a design for the Project, the
Parties will negotiate and enter into an Agreement regarding design and construction of the
Project.
E. By Resolution FCD 2015-07, adopted on July 13, 2015, the District determined
that the flood control improvements included in the Resolution generally contribute to the
56
482198.2 | 361395 | 0001 -2-
objectives of the District’s comprehensive plan of development. In that Resolution, th e District
also approved funding for the Project.
AGREEMENT
The Parties agree as follows:
1. Incorporation of Recitals—Scope of Agreement.
a. All recitals above are hereby incorporated in and ratified as part of this
Agreement.
b. This Agreement establishes the terms and conditions for preparation of an
analysis and study of design and construction alternatives for the Project, selection of a
preferred alternative, selection of a final design, and the acquisition of property interests
in order to expedite design and construction of the Project .
2. Preparation of Study of Alternatives--Selection of Preferred Alternative. The
Parties, with the assistance of a consultant selected jointly by the Parties and hired by the City,
shall prepare an analysis and study of at least two but perhaps three design and construction
alternatives (“Alternatives”) for the Project (“Study”). The Study shall include, but not be
limited to, a comparison of the cost, benefits and impacts of an earthen levee versus a floodwall
divided into segments. The Study shall include criteria for determining the ability of each
Alternative to improve flood protection, enable certification and address toe/scour protection.
The Study also shall include a conceptual level cost estimate (1) to relocate South 259th Street
landward from the riverbank, and (2) to install salmon habitat structures and features in the
Project. Finally, the Study shall include a schedule for selecting an Alternative, acquiring
necessary property interests, and designing and constructing the Project. Upon completion of the
Study, the Parties shall rank the Alternatives using the criteria, and recommend a preferred
Alternative to the District. The District shall select the Alternative that will be used in the design
of the Project. The City shall not commence design of the Project until the District has selected a
design and has authorized the City to proceed with design.
3. District Review of Alternative Analysis. The City shall provide to the District a
Draft Study. The City shall not proceed with the Final Study until the District has provided
comments and approval of the Draft.
4. Acquisition of Property Interests. The City is authorized to acquire property
interests that are necessary for the Project under the preliminary plan for the Project. These
property interests are set forth on Exhibit A, attached hereto and incorporated herein. During
negotiations to acquire property interests, the City shall present to the property owners the form
57
482198.2 | 361395 | 0001 -3-
of the documents described below and shall comply with the laws and regulations described
below:
a. The property interests acquired shall provide for ownership, construction,
installation, operation, maintenance, repair, replacement and removal of the Project. If
the property interest is an easement, the City shall use either (1) the form of the standard
River Protection Easement in Reference 8P to the King County Surface Water Design
Manual, or (2) a different form of River Protection Easement approved by the District. If
the property interest is other than an easement, the City shall use a form of property
interest document approved by the District.
b. The City shall comply with all applicable state and federal laws and regulations,
including but not limited to:
1. Washington State Department of Transportation Right of Way Manual
(M26.01.06).
2. Title 23, Code of Federal Regulations (CFR).
3. RCW 8.04 and 8.25 Eminent Domain.
4. RCW 8.26; WAC 365-24 Property Acquisition Policies and Regulations.
5. RCW18.140 and WAC 308-125 Real Estate Appraisers.
5. The Parties acknowledge and understand that as of the effective date of this
Agreement, all of the estimated cost of the planning, design, property acquisition and
construction for this Levee Project is included in the District’s Revised 2015 and 2016 CIP. The
District reserves the right to terminate this Agreement, and the City shall immediately terminate
work upon receipt of notice to terminate; provided, that until substantial completion of the
Project, the District shall continue to accept and review City requests for reimbursement up to
the amount of funds appropriated in an approved District budget or this Agreement.
6. The City’s cost and expense for the Levee Project improvements shall be
reimbursed pursuant to the procedures, requirements and restrictions of the Reimbursement of
City Expenditures paragraph below.
7. Contracts for Levee Work. Upon execution of a contract for construction of the
Levee Project, the City shall send a copy of the contract to the District.
8. District Costs and Expenses. The City’s reimbursements for the work described
in this ILA shall not exceed $3,650,000 without prior written approval from the District.
9. Reimbursement of City Expenditures.
a. No more than once a month, the City shall submit requests for
reimbursement of City costs and expenses incurred on or after the Effective Date of this
Agreement for property interest or easement acquisition, for restrictive covenant implementation,
58
482198.2 | 361395 | 0001 -4-
and for Project planning and Alternative Analysis; provided that the City may not submit, and
the District shall not consider, such reimbursement requests for property interest or easement
acquisition or restrictive covenant implementation until the City has obtained and conveyed to
the District the property interest documents required by Section 4 above, or the applicable
restrictive covenants. The requests shall be in a form and shall contain information and data as
required by the District. In connection with submittal of requests for reimbursement, the District
may require the City to provide a status or progress report concerning submittal, preparation or
completion of any document or work required by this Agreement.
b. The District shall review the requests to confirm that they are
reimbursable and payable under this Agreement. The District shall endeavor to complete such
review within thirty days of receipt of a request in order to determine whether they are
reimbursable and payable under this Agreement. The District shall forward the approved
reimbursement to the City within forty-five days of the City’s request.
c. The District may postpone review of a City request for reimbursement
where all or any part of the request is inaccurate or incomplete. The District shall notify the City
of any inaccuracies or incompleteness within thirty days of receipt of the request. The City shall
provide all additional information or data within thirty days of the District’s request for such
additional information or data. If the request is still inaccurate or incomplete in the opinion of
the District, the dispute shall be resolved in accordance with paragraph 15 below. After
resolution of the dispute, the District shall provide reimbursement as provided in this paragraph
9.
d. The District may postpone payment of any request for reimbursement, up
to a maximum of five percent (5%) of the request, where the City is delinquent in submittal,
preparation or completion of any document or work required by this Agreement
10. Duration—Effective Date. This Agreement shall take effect on the date on which
the second party signs this Agreement, and shall remain in effect until the District selects a
preferred Alternative or the Parties execute a design and construction Agreement, whichever
occurs first.
11. Third Parties. This Agreement and any activities authorized hereunder shall not be
construed as granting any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability to the City, the
District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW,
or as otherwise granted or provided for by law.
12. Liens and Encumbrances. The City acknowledges and agrees that it will not cause
or allow any lien or encumbrance arising from or related to this Agreement to be placed upon the
real property interests of King County or the District. If such lien or encumbrance is so placed,
59
482198.2 | 361395 | 0001 -5-
King County or the District shall have the right to remove such lien and charge back the costs of
such removal to the City.
13. Indemnification. To the maximum extent permitted by law, the City shall defend,
indemnify and hold harmless the District and King County, and all of their officials, employees,
principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable
attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons
or damages to property, arising out of, or as a consequence of, the Project, the Study or this
Agreement. As to all other obligations under this Agreement, to the maximum extent permitted
by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its
officials, employees, principals and agents, from any and all claims, demands, suits, actions,
fines, penalties and liability of any kind, including injuries to persons or damages to property,
arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and
its contractors, agents, employees and representatives in performing these obligations under this
Agreement. However, if any such damages and injuries to persons or property are caused by or
result from the concurrent negligence of the District or its contractors, employees, agents, or
representatives, and the City or its contractor or employees, agents, or representatives, each
Party’s obligation hereunder applies only to the extent of the negligence of such Party or its
contractor or employees, agents, or representatives. This indemnification provision shall not be
construed as waiving any immunity granted to the City, the District, or King County, under state
statute, including chapters 86.12 and 86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of each
Party’s immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity
of claims made by the indemnitor’s employees . This waiver has been mutually negotiated.
14. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
15. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for
in paragraph 9 above, submittal of all relevant information and data to an independent Certified
Public Accountant or a Construction Claims Consultant, if agreed upon by the Parties, for a non-
binding opinion as to the responsibility.
60
482198.2 | 361395 | 0001 -6-
b. If the foregoing does not result in resolution and for all other disputes, the
Parties may mutually select any informal means of resolution and resort will otherwise be had to
the Superior Court for King County, Washington.
c. Each Party will be responsible for its own costs and attorney’s fees in
connection with the dispute resolution provisions of this paragraph 15.
16. Entire Agreement; Amendment. This Agreement, together with Exhibit A,
represents a full recitation of the rights and responsibilities of the Parties and may be modified
only in writing and upon the consent of both Parties. Should any conflict exist between the terms
of this Agreement and the terms of Exhibit A, this Agreement shall control.
17. Binding Nature. The rights and duties contained in this Agreement shall inure to
the benefit of and are binding upon the Parties and their respective successors in interest and
assigns.
18. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be in
writing and shall be validly given or made to the other Party if delivered either personally or by
Federal Express or other overnight delivery service of recognized standing, or if deposited in the
United States Mail, certified, registered, or express mail with postage prepaid, or if sent by
electronic mail. If such notice is personally delivered, it shall be conclusively deemed given at
the time of such delivery. If such notice is delivered by Federal Express or other overnight
delivery service of recognized standing, it shall be deemed given one business day after the
deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall
be deemed given three business days after the deposit thereof in the United States Mail. If such
notice is sent by electronic mail, it shall be deemed given at the time of the sender's transmission
of the electronic mail communication, unless the sender receives a response that the electronic
mail message was undeliverable. Each such notice shall be deemed given only if properly
addressed to the Party to whom such notice is to be given as follows:
To City: Tim LaPorte, Public Works Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
61
482198.2 | 361395 | 0001 -7-
To District:
Kjristine Lund, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: Kjris.Lund@kingcounty.gov
Any Party may change its address for the purpose of receiving notices as herein provided by a
written notice given in the manner aforesaid to the other Party.
19. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Suzette Cooke Reagan Dunn
Its: Mayor Its: Board Chair
DATE:__________________________ DATE:_________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Assistant City Attorney Legal Counsel
62
T.L. 000660-0083
HEAVY EQUIPMENT
VENTURES INC.
T.L. 000660-0102
ALLAN FAMILY LLC.
T.L. 000660-0028
PUGET SOUND
ENERGY/ELEC
T.L. 000660-0029
UNION PACIFIC
RAILROAD
T.L. 000660-0082
AMRIK COMMERCIAL
RENTALS LLC
T.L. 000660-0102
ALLAN FAMILY LLC.
PARTIAL TAKE
T.L. 000660-0017
V&S PROPERTIES AND
INVESTMENT
IMPORTANT: This is not a Survey. It is furnished as a
convenience to locate the land indicated hereon with
reference to streets and other land. No liability is
assumed by reason of reliance hereon.
G:\Design\09-3005 MILWAUKEE LEVEE\DWG\FIGURA FOR ILA2.dwg, 3/17/2016 1:53:28 PM
63
Exhibit A
Page 2
V&S Properties and Investment
Tax Parcel Number: 000660-0017
Parcel A:
Beginning at a point on the east line of the Cavanaugh Tract and the south line of county road which is 810.48 feet, more or less, east and
2,914.56 feet, more or less, south of the northwest corner of Samuel W. Russell Donation Claim Number 41, Section 24, Township 22 North,
Range 4 East, W.M., in King County, Washington;
Thence south to the White River;
Thence westerly along the north bank of the White River to the easterly line of Chicago Milwaukee St. Paul and Pacific Railroad;
Thence northerly along said easterly line to the southerly line of said county road;
Thence easterly along said road line to point of beginning.
Parcel B:
Beginning 810.48 feet east and 2,914.56 feet south of the northwest corner of Samuel W. Russell Donation Claim Number 41, Section 24,
Township 22 North, Range 4 East, W.M., in King County, Washington;
Thence south 82.5 feet, more or less, to White River;
Thence northeasterly along river, 198 feet to the south line of county road;
Thence westerly to the Point of Beginning.
Amrik Commercial Rentals LLC
Tax Parcel Number: 000660-0082
That portion of the S.W. Russell Donation Land Claim No. 41, in King County, Washington, described as follows:
Commencing at the southeast corner of Waterman’s Acre Tracts to the Town of Kent, according to the Plat recorded in Volume 12 of plats, page
11, in King County, Washington;
Thence south 88°02’30” west along the south line of said Plat 713.08 feet to the southerly production of the west line of South Third Avenue, as
conveyed to the City of Kent by Deed Dated July 11, 1955, and recorded under Recording Number 4599830;
Thence south 1°55’37” East along said west line, and said west line produced, 1179.70 feet to an angle point in the southerly line of that Tract of
land conveyed to C.L. Knudsen, W.H. Meadowcroft and Fred E. Meadowcroft by Deed dated January 27, 1956, and recorded under Recording
Number 4659959 and the True Point of Beginning;
Thence south 88°02’30” west to the east line of the Tract of land conveyed to James A. Cavanaugh by Deed dated December 8, 1885, and
recorded under Recording Number 8870;
Thence south 1°58’00” east along said east line 283.80 feet, more or less, to the north line of a County Road, being a lso the south boundary of a
tract of land conveyed to Ralph E. Leber and La Vern June Leber his wife, by Deed dated February 4, 1955, and recorded under Recording
Number 4543722;
Thence in an easterly direction along the north line of said County Road south 89°17’00” east 242.10 feet, north 78°06’00” east 239.10 feet north
and 87°14’00” east 330.61 feet, more or less, to said southerly production of the west line of said south Third Avenue;
Thence north 1°55’37” west along said produced west line 249.16 feet, more or less, to the True Point of Beginning.
64
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: March 21, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 21, 2016
From: Lacey Jane Wolfe, Senior Transportation Planner
Through: Chad Bieren, P.E., City Engineer
Item 9: Information Only/FAST & TIGER Grant Update
Summary: At the request of the Chair, staff will present further review of the
Transportation Investment Generating Economic Recovery (TIGER) and the
Nationally Significant Freight and Highway Projects (FASTLANE) programs. Both
TIGER and FMSIB provide federal Department of Transportation grant funding for
large transportation projects. Applications for both opportunities are due in April.
Staff has assessed these opportunities the South 212th Street Grade Separation
project.
Exhibits: None
Budget Impact: N/A
No Motion Required/Information Only
65
This page intentionally left blank
66
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: March 14, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 21, 2016
From: Sean Bauer, Water Superintendent
Through: Dave Brock, P.E., Public Works Operations Manager
Item 10: Information Only/Water System Update
Summary: Staff will provide Committee Members with an update on the Flint,
Michigan lead issue as well as information on how Kent’s water system stays in
compliance with the federal Lead & Copper Rule.
Exhibit: n/a
Budget Impact: Information only, no budget impact.
INFORMATION ONLY/NO MOTION REQUIRED
67
This page intentionally left blank
68
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: March 17, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 21, 2016
From: Kelly Peterson, AICP – Special Projects / Transportation Engineering Mgr.
Through: Chad Bieren, PE – City Engineer
Item 11: Traffic Signal System – Lightning Damage
Summary: Between February 28th and March 2nd of this year, lightning storms moved through
the Kent area and damaged some signal controllers. This caused 9 intersections to go into flash
mode. These inter sections were located at:
108th Av SE & SE 240th St
58th Pl S & S 200th St
58th Av S & S 228th St
Military Rd S & Veterans Drive
West Valley & S 190th St
West Valley Hwy & Todd Blvd
72nd Av S & S 212th St
116th Av SE & Kent-Kangley Rd
26th Av S & S 272nd St
Kent has 119 intersections, of which 85 have old controllers that no longer have factory support.
24 intersections recently been updated with the modern controllers as a part of the citywide traffic
signal system upgrade. The remaining 10 intersections have controllers that can be supported by
the manufacture. Damage from lightning impacts the traffic signal system and can be limited to
an individual electronic integrated circuit chip, which is often not visible or damage can be
extensive to the boards or controllers rendering components unrepairable. When possible, the
signal technicians repair these older controllers using parts obtained from other jurisdictions. All
methods to protect the system from lightning are used.
Annual costs due to lighting damage have ranged from $0 to $100,000. The average cost ranges
from$15,000-$20,000. Currently, $48,000 has been budgeted for signal parts for the 119 signals,
12 flashers and 12 radar speed signs and 49 school flashers.
These older controllers are not able to be used for at intersections where flashing yellow arrows
are used, or for communication purposes between the flashing yellow intersections and the traffic
signal system.
Exhibit: None
Budget Impact: as noted above
NO MOTION REQUIRED/INFORMATION ONLY
69
This page intentionally left blank
70
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: March 17, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: March 21, 2016
From: Chad Bieren, P.E., City Engineer
Item 12: Information Only/Quiet Zone Update
Summary: Staff will provide an update to the Committee on what progress has been
made to date on the Quiet Zone.
Exhibit: None
Budget Impact: N/A
INFORMATION ONLY/NO MOTION REQUIRED
71