HomeMy WebLinkAboutCity Council Committees - Public Works or Public Works Committee - 10/18/2021 (2)
Public Works Committee
Monday, October 18, 2021
4:00 PM
Chambers
Masks are required regardless of vaccination status.
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 833 1854 6221
Chair Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
**************************************************************
Item Description Action Speaker Time
1. Call to Order YES Chair 01 MIN.
2. Roll Call YES Chair 01 MIN.
3. Agenda Approval YES Chair 01 MIN.
4. Approval of Minutes YES Chair 01 MIN.
YES
1. Approval of October 4, 2021 Chair 05 MIN.
Minutes
5. Business
YES
1. Commute Trip Reduction Shivani Lal 10 MIN.
Grant - Authorize
YES
2. USGS Joint Funding Mike Mactutis 10 MIN.
Agreement for Fiscal Year
2022 - Authorize
YES
3. Sound Transit Federal Way Cheryl Rolcik-Wilcox 05 MIN.
Link Extension Temporary
Construction Agreement -
Authorize
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South,
Kent, WA 98032.
For additional information please contact Nancy Yoshitake at 253-856-5508, or email
NYoshitake@kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@kentwa.gov.
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Public Works Committee CC PW Regular Meeting October 18, 2021
NO
4. INFO ONLY: Naden Chad Bieren 05 MIN.
Avenue/Willis Street
Intersection
NO
5. INFO ONLY: Veterans Drive Chad Bieren 05 MIN.
Planters
6. Adjournment YES Chair 01 MIN.
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Pending Approval
Public Works Committee
CC PW Regular Meeting
Minutes
October 4, 2021
Date: October 4, 2021
Time: 4:04 p.m.
Place: Chambers
Attending: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
1. Call to Order 4:04 p.m.
Council Chair Fincher called the meeting to order.
2. Roll Call
Committee Secretary, called the roll.
Attendee Name Title Status Arrived
Brenda Fincher Committee Chair Present
Satwinder Kaur Councilmember Remote
Marli Larimer Councilmember Present
3. Agenda Approval
4. Approval of Minutes
1. Approval of Minutes dated September 20, 2021
MOTION: Move to approve the Minutes dated September 20, 2021
RESULT: APPROVED \[UNANIMOUS\]
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
5. Business
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1. INFO ONLY: West Hill Reservoir Update
Design Engineer, Drew Holcomb and Environmental Specialist, Matt Coy
provided an update on the construction of the West Hill Reservoir located at
thth
38 Ave S. and S. 248 Street. Site prep work, site utilities and the
foundation have been completed. Steel panels that will make up the sides of
the tank have been delivered and the contractor is constructing the vertical
side walls of the tank.
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Public Works Committee CC PW Regular Meeting October 4, 2021
Minutes Kent, Washington
Once complete, a painted mural is planned for the water tank. A request for
proposals was advertised in August for mural contractors. One proposal was
received from an experienced northwest contractor. The contractor will be
retained to provide mural renderings that will be presented to the Kent Arts
Commission, West Hill Neighborhood Council and interested individuals for
feedback. After that process, we will return to the Public Works Committee
for concurrence.
2. INFO ONLY: South 212th Street Preservation - 72nd Avenue South to
84th Avenue South (East Valley Highway)
Design Engineer, Drew Holcomb updated committee members on the South
thndth
212 Street Preservation Project from 72 Avenue South to 84 Avenue
South (East Valley Highway). He showed pictures of several major milestones
this project has met, in the past few weeks.
3. INFO ONLY: NPDES Audit by the Department of Ecology
Conservation Analyst, Laura Haren noted the City is permitted by the
Washington State Department of Ecology to discharge stormwater into
streams, lakes, wetlands, and the Green River. This permission is granted
under the Western Washington Phase II Municipal Stormwater Permit
(Permit). The Permit is required by the Federal Clean Water Act, with specific
rule making under the National Pollutant Discharge Elimination System
(NPDES).
The Permit requires the City to implement Stormwater Management
Programs that manage and control stormwater runoff to prevent downstream
pollution. Public Works is responsible for ensuring that the city implements
stormwater management practices consistent with Permit requirements.
Haren present a brief overview of the Permit, including new program
requirements and an update on Permit implementation in Kent.
6. Adjournment 4:30 p.m.
Council Chair Fincher adjourned the meeting.
Cheryl Viseth
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Committee Secretary
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PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
Kent, WA 98032
253-856-5500
DATE: October 18, 2021
TO: Public Works Committee
SUBJECT: Commute Trip Reduction Grant - Authorize
MOTION: I move to authorize the Mayor to sign the Transportation
Demand Management Implementation Agreement, WSDOT #PTD0443, for
the term July 1, 2021 through June 30, 2023, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
SUMMARY:
This Agreement is between the Washington State Department of Transportation
(WSDOT) and the City. The City is required by state law to enforce the
transportation demand management provisions in RCW 70A.15.4020. The City is
then reimbursed by the State for costs incurred based on a formula devised by the
State Department of Transportation, Public Transportation Office.
The $106,006 Agreement allocates two years of funding for the implementation of
the Commute Trip Reduction (CTR) Program mandated by RCW 70A.15.4000 -
through RCW 70A.15.4110 for the 2021-2023 project term.
-time, CTR Coordinator position and for
materials used to support businesses required by law to participate in CTR. These
businesses employ more than 11,000 people in the City of Kent. The program also
promotes alternative transportation modes to any interested area business or
individuals.
BUDGET IMPACT: There is no required match to this state grant.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. WSDOT Transportation Demand Management Implementation Agreement
(PDF)
2. CTR Administrative Work Plan 2021-2023 (PDF)
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WSDOT Contact:Monica Ghosh 206-464-1191
GhoshMo@wsdot.wa.gov
Transportation Demand Management Implementation Agreement
Contractor:
City of Kent
Agreement Number
PTD0443
220 Fourth Avenue South
Term of Project
July 1, 2021 through June 30, 2023
Kent, WA 98032
UPIN
PTTD017
Rob Brown 253-856-5571
916001254 Contact:
Vendor #
THISAGREEMENT,enteredintobytheWashingtonStateDepartmentofTransportation,hereinafter
ÐWSDOT,ÑandtheContractoridentifiedabove,hereinaftertheÐCONTRACTOR,Ñindividuallythe
ÐPARTYÑ and collectively the ÐPARTIES.Ñ
WHEREAS,RCW70.94.521throughRCW70.94.555establishesthestateÓsleadershiprole,andthe
requirementsandparameterstoreducetrafficcongestion,fueluse,andairpollutionthroughcommute
tripreductionprograms,includingtransportationdemandmanagementprogramsforgrowthand
transportation efficiency centers (ÐGTECÑ) in Washington State; and
WHEREAS,theStateofWashingtoninitsSessionsLawsof2021,Chapter333Section220
authorizesfundingforPublicTransportationProgramsandotherspecialprovisofundingasidentified
in the budget through its 2021-2023 biennial appropriations to WSDOT; and
NOWTHEREFORE,inconsiderationoftheterms,conditions,covenants,andperformancescontained
herein,orattachedandincorporatedandmadeaparthereof,ITISMUTUALLYAGREEDAS
FOLLOWS:
SCOPE OF WORK AND BUDGET
ScopeofWork:TheCONTRACTORagreestoprovideTransportationDemandManagement(TDM)
services,primarilyusedtosupportlocalCommuteTripReduction(CTR)programsassociatedwiththe
StatewideCommuteTripReductionProgram,including:1)Developmentandsubmissionofan
AdministrativeWorkPlanbytheendofthefirstquarterofthisAGREEMENTthatmustbeapprovedby
WSDOTinwriting;and2)Implementationofthestrategiesandproductionofthedeliverablesoutlined
intheWSDOT-approvedAdministrativeWorkPlaninordertoimplementaCTRprogram.The
Administrative Work Plan shall be incorporated as an amendment to this AGREEMENT.
FundsCurrent FundsProjected FundsTotal Current & Projected Funds
$106,006
Commute Trip Reduction $106,006
Total Project Cost$ 106,006$-$ 106,006
Current Funds reflect total funding appropriated by the Washington State Legislature for the
Budget:
Project in the 2021-2023 biennium.
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PTD0443
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Section 1
Purpose of Agreement
A.The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR
to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through
RCW 70.94.555, hereinafter known as the ÐProject.Ñ
B.If this AGREEMENT is used as match for any other related projects with federal funds, in
addition to the requirements of Sections 1 through 30 of this AGREEMENT, the CONTRACTOR
must assume full responsibility for complying with all federal rules and regulations consistent with
the requirements imposed by use of the federal funds on any such related project(s), including
but not limited to Title 23 of the U.S. Code, Highways, as applicable, the regulations issued
pursuant thereto, 2 CFR Part 200, and 2 CFR Part 1201. The CONTRACTOR must also assume
full responsibility for compliance with Federal Highway AdministrationÓs (FHWA) Required
Contract Provisions Federal-Aid Construction Contracts, FHWA 1273, which may be found here,
https://www.fhwa.dot.gov/construction/cqit/form1273.cfm, and any amendments/revisions
thereto; and/or the Federal Transit Administration Master Agreement 23, which may be found
here,https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-
agreements.
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this
AGREEMENT as described in ÐScope of Work and BudgetÑ.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time defined
in the caption space header above titled ÐTerm of ProjectÑ of this AGREEMENT regardless of the
date of execution of this AGREEMENT, unless terminated as provided herein. The caption space
header above entitledÓ ÐTerm of ProjectÑ and all caption space headers above are by this reference
incorporated into this AGREEMENT as if fully set forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project shall not exceed the ÐCurrent FundsÑ
detailed in the ÐScope of Work and BudgetÑ. The CONTRACTOR agrees to expend eligible ÐState
FundsÑ together with any ÐContractor FundsÑ identified above in the ÐScope of Work and BudgetÑ
table. If at any time the CONTRACTOR becomes aware that the cost that it expects to incur in
the performance of this AGREEMENT will differ from the amount indicated in the ÐScope of Work
and BudgetÑ table above, the CONTRACTOR shall notify WSDOT in writing within thirty (30)
business days of making that determination.
Section 5
Reimbursement and Payment
A.Payment will be made by WSDOT on a reimbursable basis for actual costs and
expenditures incurred, while performing eligible direct and related indirect Project work during the
Project period. Payment is subject to the submission to and approval by WSDOT of properly
prepared invoices that substantiate the costs and expenses submitted by CONTRACTOR for
reimbursement. Failure to send in progress reports and financial information as required in
Section 11 ÎReports may delay payment. The CONTRACTOR shall submit an invoice detailing
and supporting the costs incurred. Such invoices may be submitted no more than once per month
and no less than once per year, during the course of this AGREEMENT. If approved by WSDOT,
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properly prepared invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice.
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B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall
submit an invoice for completed work in the same state fiscal period in which the work was
performed. As defined in RCW 43.88, the state fiscal period starts on July 1 and ends on June 30
the following year. Reimbursement requests must be received by July 15 of each state fiscal
period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR
shall provide an estimate of the expenses to be billed so WSDOT may accrue the expenditures
in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to
the amount accrued as set forth in this section. Any payment request received after the timeframe
prescribed above will not be eligible for reimbursement.
Section 6
Administrative Work Plan
The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the
first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is
sooner. The administrative work plan will include the following elements:
A. The work plan shall identify the deliverables, schedule, expected outcomes, performance
measures and strategies associated with this AGREEMENT and other strategies as defined in
the approved and locally adopted CTR or GTEC plans. These plans may include, but are not
limited to, recruiting new employer worksites, reviewing employer programs and providing site-
specific suggestions for improved CTR performance, administering surveys, reviewing program
exemption requests, providing employer training, providing incentives, performing promotion and
marketing, and providing emergency ride home and other commuter services.
B. The administrative work plan may be amended based on mutual written agreement
between the WSDOT Project Manager and the CONTRACTOR.
Section 7
Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for
Commute Trip Reduction employer surveys.
Section 8
Planning Data
The CONTRACTOR agrees to provide WSDOT with updated program goals for affected
worksites and jurisdictions as requested. These updates shall be submitted electronically in a
format specified by WSDOT. WSDOT may request worksite TDM plans for review.
Section 9
Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTORÓs contracting partners
with updated lists of affected or participating worksites, employee transportation coordinators, and
jurisdiction contacts, as requested. These updates will be submitted in a format specified by
WSDOT.
Section 10
Use of State Funds for Incentives
The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in
accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR.
Section 11
Reports
The CONTRACTOR shall prepare and submit quarterly, annual, and final progress reports
pursuant to this agreement and as prescribed in WSDOTÓs Transportation Demand
Implementation Agreement Guidebook or as requested by WSDOT. Due to Legislative and
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WSDOT reporting requirements, any required quarterly progress reports shall be submitted for
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the duration of the AGREEMENT period regardless of whether the underlying funding sources
have been exhausted. Post-grant annual performance reporting may also be required as
prescribed in the aforementioned guidebook.
Section 12
Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit
agencies, Transportation Management Associations, and Metropolitan Planning Organizations or
other eligible organizations authorized to enter into agreements for the purposes of implementing
CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94.544, and by ordinances
adopted pursuant to RCW 70.94.527(5).
Section 13
Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the ÐScope of Work and BudgetÑ
and incentives guidance, as well as the approved administrative work plan, in all agreements
with eligible contracting partner(s), as necessary, to coordinate the development,
implementation, and administration of such CTR and/or GTEC plans, and in compliance with
applicable ordinances.
Section 14
Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its CTR and/or
GTEC plan and programs with the applicable regional transportation planning organization
(RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans
and programs that could impact the success of the regional CTR plan. The CONTRACTOR
agrees to provide information about the progress of its CTR and/or GTEC plan and programs to
the RTPO upon request.
Section 15
Project Records
The CONTRACTOR agrees to establish and maintain accounts for the Project in order to
sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the
performance of this AGREEMENT. Such accounts are referred to herein collectively as the
"Project Account." All costs claimed against the Project Account must be supported by properly
executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in
sufficient detail the nature and propriety of the costs claimed.
Section 16
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right
to examine, during normal business hours and as often as they deem necessary, all of the
CONTRACTORÓs records with respect to all matters covered by this AGREEMENT. Such
representatives shall be permitted to audit, examine and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
covered by this AGREEMENT. In order to facilitate any audits and inspections, the
CONTRACTOR shall retain all documents, papers, accounting records, and other materials
pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the
Project final payment date. However, in case of audit or litigation extending past that six (6) years
period, then the CONTRACTOR must retain all records until the audit or litigation is completed.
The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any
subcontractors of CONTRACTOR comply with the provisions of this section and provide,
WSDOT, the State Auditor, and any of their representatives, access to such records within the
scope of this AGREEMENT.
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Section 17
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope
of Project. Such changes that are mutually agreed upon shall be incorporated as written
amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT
shall be valid unless made in writing and signed by authorized representatives of the PARTIES
hereto, provided, however, that changes to the project title, UPIN, the contact person of either
PARTY, or dollar amount changes that do not affect the project total cost, will not require a written
amendment, but will be approved and documented by WSDOT through an administrative revision.
WSDOT shall notify the CONTRACTOR of the revision in writing.
B. If an increase in funding by the funding source augments the CONTRACTORÓs allocation
of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an
amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project
and/or the Project Cost in order to reflect any such increase in funding.
C. If a reduction of funding by the funding source reduces the CONTRACTORÓs allocation of
funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an
amendment to this AGREEMENT providing for an appropriate change in the Scope of Project
and/or the Project Cost in order to reflect any such reduction of funding.
Section 18
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state law
and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds
in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay
such State Funds under this recapture provision within thirty (30) days of demand.
Section 19
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the
performance of this AGREEMENT the CONTRACTOR may submit a written detailed description
of the dispute to the WSDOT Public Transportation DivisionÓs Statewide Transportation Demand
Management Programs Manager or the WSDOT Public Transportation Statewide Transportation
Demand Management Programs ManagerÓs designee who will issue a written decision within ten
calendar (10) days of receipt of the written description of the dispute. This decision shall be final
and conclusive unless within ten calendar (10) days from the date of CONTRACTORÓs receipt of
WSDOTÓs written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to
the Director of the Public Transportation Division or the DirectorÓs designee. In connection with
any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support
of its position. The CONTRACTORÓs appeal shall be decided in writing within thirty (30) days of
receipt of the appeal by the Director of the Public Transportation Division or the DirectorÓs
designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall
abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the
CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are
being resolved.
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Section 20
Termination
A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or
terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance
provided herein, at any time by written notice to the other PARTY. WSDOT and the
CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not
limited to the settlement terms, conditions, and in the case of partial termination the portion to be
terminated. Written notification must set forth the reasons for such termination, the effective date,
and in case of a partial termination the portion to be terminated. However, if, in the case of partial
termination, WSDOT determines that the remaining portion of the award will not accomplish the
purposes for which the award was made, WSDOT may terminate the award in its entirety. The
PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited
to, the following:
1. The requisite funding becomes unavailable through failure of appropriation or otherwise;
2. WSDOT determines, in its sole discretion, that the continuation of the Project would not
produce beneficial results commensurate with the further expenditure of funds;
3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an
Executive Order of the President with respect to the prosecution of war or in the interest of national
defense; or an Executive Order of the President or Governor of the State with respect to the
preservation of energy resources;
4. The CONTRACTOR is prevented from proceeding with the Project by reason of a
temporary preliminary, special, or permanent restraining order or injunction of a court of
competent jurisdiction where the issuance of such order or injunction is primarily caused by the
acts or omissions of persons or agencies other than the CONTRACTOR; or
5. The State Government determines that the purposes of the statute authorizing the Project
would not be adequately served by the continuation of financial assistance for the Project;
6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall
reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the
CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit
its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession
belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the
manner WSDOT directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for
default, in whole or in part, and all or any part of the financial assistance provided herein, at any
time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to
perform any of the requirements of this AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which
under the procedures of this AGREEMENT would have required the approval of WSDOT;
2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America
laws, Washington state laws, or local governmental laws under which the CONTRACTOR
operates;
3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT
that endangers substantial performance of the Project; or
4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or
is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination
on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default
hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason
for not performing, such as events which are not the fault of or are beyond the control of the
CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a) allow the CONTRACTOR to
continue work after setting up a new delivery of performance schedule, or (b) treat the termination
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as a termination for convenience.
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C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow
the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in
which to cure the defect. In such case, the notice of termination will state the time period in which
cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to
WSDOT's satisfaction the breach or default within the timeframe and under the conditions set
forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT
without any further obligation to CONTRACTOR. Any such termination for default shall not in any
way operate to preclude WSDOT from also pursuing all available remedies against
CONTRACTOR and its sureties for said breach or default.
D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR
of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit
WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition
of this AGREEMENT.
E. Any termination of the AGREEMENT, whether for convenience or for default, that requires
the AGREEMENT to be terminated or discontinued before the specified end date set forth in the
caption header, ÐTerm of ProjectÑ, shall require WSDOT to amend the AGREEMENT to reflect
the termination date and reason for termination.
Section 21
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded
by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 22
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be
construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way
impair or prejudice any right or remedy available to WSDOT with respect to any breach or default.
In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR
constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which
shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect
to any breach or default.
Section 23
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the work
as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR
may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the
CONTRACTORÓs rights and obligations under this AGREEMENT and WSDOT shall not be held
liable for any advice offered to the CONTRACTOR.
Section 24
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees,
and officers and process and defend at its own expense any and all claims, demands, suits at law
or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as
ÐclaimsÑ), of whatsoever kind or nature brought against WSDOT arising out of, in connection with
or incident to this AGREEMENT and/or the CONTRACTORÓs performance or failure to perform
any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT,
its agents, employees and officers arising out of, in connection with or incident to the acts or
omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that
Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f*
nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the
Page 7 of 9
City Of Kent
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WSDOT, its agents, employees or officers to the extent that claims are caused by the acts or
omissions of the WSDOT, its agents, employees or officers. The indemnification and hold
harmless provision shall survive termination of this AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the
employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in
any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by
CONTRACTORÓs employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the CONTRACTOR specifically waives any immunity under the
State Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorneyÓs fees, costs or other
legal expenses to enforce the provisions of this section of this AGREEMENT against the other
PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY.
Section 25
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity and
performance thereof shall be governed by the laws of the State of Washington. In the event that
either PARTY deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be
initiated in the Superior Court of the State of Washington situated in Thurston County.
Section 26
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable State laws and regulations, including, but
not limited to those concerning employment, equal opportunity employment, nondiscrimination
assurances, Project record keeping necessary to evidence AGREEMENT compliance, and
retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination
provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the Americans with
Disabilities Act of 1990 (ADA), Public Law 101-336, including any amendments thereto which
provides comprehensive civil rights protection to individuals with disabilities in the areas of
employment public accommodations, state and local government services and
telecommunication.
Section 27
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall
not affect the validity or obligation of performance of any other covenant or provision, or part
thereof, that in itself is valid if such remainder conforms to the terms and requirements of
applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or
provision shall delay the performance of any other covenant or provision except as herein allowed.
Section 28
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all
statements, representations, warranties, covenants, and agreements and their supporting
materials contained and/or mentioned in such executed counterpart, and does hereby accept
State Funds and agrees to all of the terms and conditions thereof.
Buubdinfou;!XTEPU!Usbotqpsubujpo!Efnboe!Nbobhfnfou!Jnqmfnfoubujpo!Bhsffnfou!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f*
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City Of Kent
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Section 29
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division, State of
Washington, Department of Transportation, or the Director's designee, not as an individual
incurring personal obligation and liability, but solely by, for, and on behalf of the State of
Washington, Department of Transportation, in his/her capacity as Director of the Public
Transportation Division.
Section 30
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind
their respective agency(ies) and/or entity(ies) to the obligations set forth herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year last signed below.
WASHINGTON STATE
CONTRACTOR
DEPARTMENT OFTRANSPORTATION
Brian Lagerberg, Director Authorized Representative
Public Transportation Division
Title
Print Name
DateDate
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be submitted and approved
gy, indicate the estimated budget,
purpose of the work plan is to provide a
approved work plan will be eligible for
ssues and risks, and the performance
with WSDOT. It must
biennial targets. For each strate
R funds. Only those strategies in an
work plan, complete the table below. The
meline, expected outcomes, potential i
equirement of the CTR agreement
mine progress of a strategy.
l approach to meet your
Please note that this work plan is a rby WSDOT before you will receive state CTreimbursement.For each of the major strategies in your strategic overview of your locathe key deliverables,
implementation timeasures you will use to deterStrategy #1: Program Administration
Buubdinfou;!DUS!Benjojtusbujwf!Xpsl!Qmbo!3132.3134!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f*
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Strategy #2: ETC TrainingStrategy #3: Program Reports
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ions, marketing, and incentives
Strategy #4: SurveysStrategy #5: Employer Support Strategy #6: Regional promot
Buubdinfou;!DUS!Benjojtusbujwf!Xpsl!Qmbo!3132.3134!!)3989!;!Dpnnvuf!Usjq!Sfevdujpo!Hsbou!.!Bvuipsj{f*
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Strategy #7: Regional and state Transportation Demand Management supportStrategy #8: Local CTR Plan development
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PTD0443
Agreement number:
City of Kent Commute Trip Reduction (CTR) Program Calendar 2021-2023
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6/3
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
Kent, WA 98032
253-856-5500
DATE: October 18, 2021
TO: Public Works Committee
SUBJECT: USGS Joint Funding Agreement for Fiscal Year 2022 -
Authorize
MOTION: I move to authorize the Mayor to sign the Joint Funding
Agreement for Water Resource Investigations between the City of Kent
and the U.S. Geological Survey, in the amount of $116,611, subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: This is an on-going partnership with the City of Kent and the U.S.
Geological Survey (USGS) for stream data collection. For federal fiscal year 2022,
The City of Kent will contribute $116,611 to the total annual program costs of
$159,026 with the USGS and the City of Tukwila providing the remainder. The
Creek.
These gages provide valuable information on stream flows and precipitation,
including water surface elevations, flow levels and amounts of precipitation. This
information is used to calibrate stream flow models and increase the accuracy of
stormwater flood projection models. The internet link allows staff and the public to
monitor stream flow levels from remote locations at real-time.
The stream flow measured at the gage at Rock Creek and Kent Kangley Road is
included in the Clark Springs Habitat Conservation Plan as a criterion to determine
December.
This agreement will provide for operation, maintenance and data collection at seven
gages. Two are located on Mill Creek, one on Springbrook Creek, one on Rock
Creek, and three on the Green River.
The gage information is available to the public real-time at
http://waterdata.usgs.gov/wa/nwis/current/?type=flow
BUDGET IMPACT: Costs for this contract will be charged partially to the Water
Utility (Rock Creek gage) and partially to the Drainage Utility (Green River, Mill and
Springbrook gages).
Qbdlfu!Qh/!33
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SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Joint Funding Agreement for Water Resources Investigations (PDF)
Qbdlfu!Qh/!34
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6000000723/22YGJFA09800/FY22
Customer #: 6000000723
Form 9-1366 U.S. Department of the Interior
Agreement #: 22YGJFA09800
(May 2018) U.S. Geological Survey
Project #: YG00H1U
Joint Funding Agreement
TIN #: 91-6001254
FOR
Water Resource Investigations
Fixed Cost Agreement YES\[ X \] NO\[ \]!
THIS AGREEMENT is entered into as of the Pdupcfs!2-!3132, by the V/T/!HFPMPHJDBM!TVSWFZ-!Xbtijohupo!
Xbufs!Tdjfodf!Dfoufs, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the Djuz!pg!
Lfou party of the second part.
1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation the operation and maintenance of the cooperative
streamgaging program between the USGS and the City of Kent (City) (per attachment), herein called the
program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work
directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00
(a) %42-663!cz!uif!qbsuz!pg!uif!gjstu!qbsu!evsjoh!uif!qfsjpe!
Pdupcfs!2-!3132!up!Tfqufncfs!41-!3133!
!
(b) %227-722!cz!uif!qbsuz!pg!uif!tfdpoe!qbsu!evsjoh!uif!qfsjpe!
Pdupcfs!2-!3132!up!Tfqufncfs!41-!3133!
!
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the amount of: $0
Description of the USGS regional/national program:
(d) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives. The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program shall be
open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner,
either party may terminate this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon
request, copies of the original records will be provided to the office of the other party.
8. The maps, records or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records or reports normally will be published by the party of the first part. However, the party of
the second part reserves the right to publish the results of this program, and if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records or reports published by
either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
Buubdinfou;!Kpjou!Gvoejoh!Bhsffnfou!gps!Xbufs!Sftpvsdft!Jowftujhbujpot!!)398:!;!VTHT!Kpjou!Gvoejoh!Bhsffnfou!gps!Gjtdbm!Zfbs!3133!.
website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science-
practices).
Qbdlfu!Qh/!35
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6000000723/22YGJFA09800/FY22
Customer #: 6000000723
Form 9-1366 U.S. Department of the Interior
Agreement #: 22YGJFA09800
(May 2018) U.S. Geological Survey
Project #: YG00H1U
Joint Funding Agreement
TIN #: 91-6001254
FOR
Water Resource Investigations
9. Billing for this agreement will be rendered rvbsufsmz. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. § 3717) established by the U.S. Treasury.
!
!
!
VTHT!Ufdiojdbm!Qpjou!pg!Dpoubdu! Dvtupnfs!Ufdiojdbm!Qpjou!pg!Dpoubdu!
!!
Name: Mike Mactutis
Name: Christopher Laveau
Associate Center Director
Address: 220 4th Ave S
Address: 934 Broadway, Suite 300
Kent, WA 98032
Tacoma, WA 98402
Telephone: (253) 856-5520
Telephone: 253-552-1609
Fax:
Fax:
Email: mmactutis@kentwa.gov
Email: cdlaveau@usgs.gov
VTHT!Cjmmjoh!Qpjou!pg!Dpoubdu! Dvtupnfs!Cjmmjoh!Qpjou!pg!Dpoubdu!
!!
Name: Sharbra Gordon-scott Name: Mike Mactutis
Budget Analyst
Address: 934 Broadway Suite 300 Address: 220 4th Ave S
Tacoma, WA 98402 Kent, WA 98032
Telephone: (253) 552-1698 Telephone: (253) 856-5520
Fax: (253) 552-1581 Fax:
Email: sgordon-scott@usgs.gov Email: mmactutis@kentwa.gov
!
!
!
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!
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Obnf;!Cynthia Barton, Ph.D., L.H.G., L.G.!
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Ujumf;!Center Director
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6/4
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
Kent, WA 98032
253-856-5500
DATE: October 18, 2021
TO: Public Works Committee
SUBJECT: Sound Transit Federal Way Link Extension Temporary
Construction Agreement - Authorize
MOTION: I move to authorize the Mayor to sign a 743 square ft Temporary
Construction Easement for Sound Transit on King County Tax Parcel No.
282204-9017, subject to final terms and conditions acceptable to the
Public Works Director and City Attorney.
SUMMARY: Sound Transit is constructing the Federal Way Link Extension and
portion of King County Tax Parcel No. 282204-9017, which is owned by the City.
The TCE will remain in effect until June 30, 2025, or until the easement area is fully
restored, whichever occurs first. Sound Transit may, at its option, extend the term
for up to an additional six months.
An offer was made by Sound Transit, under threat of condemnation, to compensate
the City $1,000.00 for the TCE. This amount was based on an appraisal conducted
on behalf of Sound Transit, which determined that the fair market value of the TCE
offer was increased to that amount.
Staff has reviewed the appraisal and recommends that Council authorize the Mayor
to sign the TCE to complete this transaction.
BUDGET IMPACT: Proceeds will be placed in the Drainage Utility Fund, as the
original property purchase was paid for using Drainage Utility monies.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Qbdlfu!Qh/!37
6/4
ATTACHMENTS:
1. 5C1 TCE Final - signed (PDF)
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6/5
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
Kent, WA 98032
253-856-5500
DATE: October 18, 2021
TO: Public Works Committee
SUBJECT: INFO ONLY: Naden Avenue/Willis Street Intersection
SUMMARY: The city purchased properties on Naden Avenue, between Willis Street
and Meeker Street, with the intention of constructing an aquatics center and
replacement for the Kent Commons. In order to provide better access to the
proposed facility, the city requested that the Washington State Department of
Transportation (WSDOT) allow a new connection to Willis Street at Naden Avenue.
WSDOT owns Willis Street (SR 516) from the Union Pacific Railroad crossing to the
west, and it has the authority to approve or deny new access to Willis Street.
In 2017, after multiple requests, WSDOT approved a right-in/right-out, signalized
access to Naden Avenue from SR516. The approval included a provision to analyze
a roundabout at the 4th/Willis intersection. The roundabout would allow for a
th
change in the 74 Avenue S/Willis St intersection to remove northbound left turns.
th
It was determined that 4/Willis would be a good location for a roundabout, and the
city made a capital request in the state budget to help pay for it.
The city received state funding for the roundabout and then Council added a capital
project to improve the Parks space along Willis Street. Completing the right-
in/right-out will improve access to the Naden Property and finish the Willis Street
Gateway project as originally discussed with WSDOT.
$2.8-million capital request to complete design and construction of the Naden/Willis
intersection.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
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6/6
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
Kent, WA 98032
253-856-5500
DATE: October 18, 2021
TO: Public Works Committee
SUBJECT: INFO ONLY: Veterans Drive Planters
SUMMARY: The Veterans Drive intersection at Military Road was designed to
match up with the SR 509 Gateway Project, creating a new entryway into the city
from the freeway system.
The proposal is to remove the existing vegetation in the median and roadside
planters, and replacing it with more decorative, less labor intensive plantings. The
roadway was planted in 2006 without irrigation because water service was not
available. Now that nearby properties have developed, water is available and will
enable the city to create a better gateway feature.
Capital Funding request of $1-million.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
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