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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/03/2004 96a- Ion City of Kent City Council Meeting Agenda February 3, 2004 Mayor Jim White Julie Peterson, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Bruce White Deborah Ranniger KENT WASHINGTON SUMMARY AGENDA 40 KENT CITY COUNCIL MEETING KENT February 3, 2004 W A S H I N O T O N Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White I. CALL TO ORDER/FLAG SALUTE—Tiger Scout Troop 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL,ADMINISTRATION, OR STAFF B. FROM THE PUBLIC © p5,,A 4. PUBLIC COMMUNICATIONS A. Employee of the Month 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Payment of Bills—Approve C. King County Youth Sports Grant for Uplands Playfield—Accept and Amend Budget D. Fee-In-Lieu of Funds for 132nd Street Park and 272nd Street Park—Accept and Amend Budget E. Impoundment Reservoir Comprehensive Plan and Initial Zoning Designations— Set Hearing Dates F Interlocal Agreement with Auburn School District—Authorize Local Hazardous Waste Management Program Amendment No. 1 —Accept S. 212th Pavement Rehab Project Fund Authorization Agreement—Authorize J� Upper Meridian Valley Creek Improvements Project—Authorize �{ Pacific Highway South HOV Lanes Project Fund Authorization Agreement— 7 OTN Authorize 1�to l Nk55-7Wnui 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES (continued next page) SUMMARY AGENDA CONTINUED i 11. CONTINUED COMMUNICATIONS 2 V 12. EXECUTIVE SESSION A. Property Disposition 13. ACTION AFTER EXECUTIVE SESSION 14. ADJOURNMENT • NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) Employee of the Month • • CONSENT CALENDAR 6. City Council Action: Councilmember MM00 moves, Councilmember 4w'nli/m seconds to approve Consent Calendar Items A through Discussion Action m C 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 20, 2004. 6B. Approval of Bills. • Approval of payment of the bills received through December 15 and paid on December 15, 2003 after auditing by the Operations Committee on January 20, 2004. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/03 Wire Transfers 1573-1582 $1105%119.15 12/15/03 Prepays & 556641 238,696.21 12/15/03 Regular 557314 796,454.50 $2,0941269.86 Approval of payment of the bills received through December 31 and paid on December 31, 2003 after auditing by the Operations Committee on January 20, 2004. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/03 Wire Transfers 1583-1594 $13175,479.04 12/31/03 Prepays & 557315 1,140,206.12 12/31/03 Regular 557936 2,393,549.92 $4,70%235.08 (Continued on back) 6B. Approval of Bills (continued). Approval of payment of the bills received through January 15 and paid on January 15, 2004 after auditing by the Operations Committee on January 20, 2004. Anyroval of checks issued for vouchers: Date Check Numbers Amount 1/15/04 Wire Transfers 1595-1606 $1,012,776.77 1/15/04 Prepays & 557937 896,770.81 1/15/04 Regular 558510 894,715.70 $2,804,263.28 Anyroval of checks issued for pa olloll for November 16 through November 30 and paid on December 5, 2003: Date Check Numbers Amount 12/4/03 Checks 274086-274092 $ 1519481.74 12/4/03 Advices 156620-156752 146,700.74 $298,182.48 • 12/5/03 Checks 274093-274327 $ 2419363.83 12/5/03 Advices 156753-157408 1,364,151.45 $1,605,515.28 Approval of checks issued for payroll for December 1 through December 15 and paid on December 19, 2003: Date Check Numbers Amount 12/8/03 Advice 0-157409 $ 213.44 12/19/03 Checks 274328-274568 217,615.27 12/19/03 Advices 157410-158068 1,156,774.71 $1,374,603.42 Approval of checks issued for payroll for December 16 through December 31, 2003 and paid on January 5, 2004: Date Check Numbers Amount 1/5/04 Checks 274569-274811 $ 201,943.89 1/6/04 Advices 158069-158725 1,152,662.81 1/6/04 Advice 0-158726 659.61 $1,355,266.31 (Continued on next page) 6B. Approval of Bills (continued). Approval of checks issued for payroll for January 1 through January 15 and paid on January 20, 2004: Date Check Numbers Amount 1/20/04 Checks 274812-275068 $ 236,375.98 1/20/04 Advices 158727-159389 13427,837.23 1/20/04 Check 0-275069 125.39 $1,664,338.60 Council Agenda Item No. 6 A-B • KEN T Kent City Council Meeting WASHINGTON January 20, 2004 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Councilmembers present: Clark, Harmon,Peterson,Ranniger, Raplee, Thomas and White. (CFN-198) PUBLIC COMMUNICATIONS A. Economic Update. (CFN-198) Economic Development Manager Torgelson gave a brief update. B. Introduction of Appointees. (CFN-198) Mayor White announced his latest appointment. PUBLIC HEARING A. Kent Station Real Estate Purchase and Sale Agreement and Development Agreement. (CFN-171) Mayor White noted that the City of Kent is considering surplusing approximately 18.2 acres of real property in its north downtown core, commonly known as "Kent Station." As part of the transaction, the City and the prospective purchaser, Kent Station, L.L.C.,have drafted a proposed Real Estate Purchase and Sale Agreement. This Agreement offers to purchase approxi- mately ten acres of the Kent Station site with the intent to develop the property in accord with the City's vision of a mixed-use urban center. The Agreement also provides options for the developer to purchase the remaining Kent Station property, and further provides protection to the City aimed • at preserving the mixed-use urban center vision. In addition,the City and the developer have negotiated a proposed Development Agreement. This document addresses specific regulatory and development issues between the City and the Kent Station developer and, as required by state law, cannot be approved without first holding a public hearing. The City held a public hearing on December 16, 2003. At that hearing, Council deferred action and set the matter over for additional consideration and public input. After having held two separate workshops on the matter, this is the second public hearing on the Development Agreement and other Kent Station matters. Torgelson commented on parking impacts,noting that there will be approximately 1400 parking spaces,both surface and structure parking. Mayor White opened the public hearing. The following speakers were in favor of proceeding with the project for economic development reasons: Jack Becvar 11617 SE 258th Street June McElheran 703 Wynwood Drive Jim Bitondo 106 E. Titus Susan Johnson 25230 104th Avenue SE Judith Bakkensen 213 W. Meeker Marcelle Pechler 524 W. Meeker Jacquie Alexander 731 5th Avenue South Lee Porter Ben Porter Roberto Gonzales 213 4th Avenue South In addition, letters of support from Greg Haffner and Lawrence Sells were read. 1 Kent City Council Minutes January 20, 2004 The following speakers were in favor of delaying the project in order to get complete and accurate information on the appraisal, costs, and other potential developers: Ted Nixon 911 E. Temperance Hugh Leiper 815 Reitan Road Bob O'Brien 1131 Seattle Street Jack Evans 13720 SE 259th Street Ted Kogita 25227 Reith Road Claudia Kauffman 11052-A SE 250th Court Bill Young 1005 E. Guiberson Wanda Steiner, 26421 170th Avenue SE, expressed concern about the impact of a tax increase on low income residents, and John Ehle, 24620 Russell Road,noted that SCORE is planning small business workshops in Kent because of it's growth. There were no further comments from the audience and THOMAS MOVED to close the public hearing. Clark seconded and the motion carried. CONSENT CALENDAR PETERSON MOVED to approve Consent Calendar Items A through L. Clark seconded and the motion carved. A. Approval of Minutes. (CFN-198) Minutes of the special meeting of December 16, 2003, and the regular Council meeting of January 6, 2004, and the addition of the following Consent • Calendar Item 6Z which was inadvertently omitted from the minutes of the meeting of December 9, 2003,were approved. Kent Regional Justice Center Advisory Board. (CFN-1001) Confirmation of the Mayor's appointment of Pastor Jane Prestbye of Kent Lutheran Church to serve as a member of the Regional Justice Center Advisory Board. Pastor Prestbye will replace Marvin Eckfeldt, whose tern has expired. Her new term will continue through 12/31/2006. B. Approval of Bills. (CFN-104) There was nothing for approval, as the Operations Committee meeting was cancelled. C. 01schefski Sewer Extension Bill of Sale. (CFN-484) The Bill of Sale for Olschefski Sewer submitted by BELS Investment, LLC for continuous operation and maintenance of 232 feet of sewers, and 84 feet of storm sewers was accepted. D. Drinking Driver Task Force Appointments. (CFN-122) The Mayor's appointment of City Councilmember Ron Hannon to serve as the Council Representative to the Kent Drinking Driver Task Force and the Mayor's appointment of Mr. David Malik were confirmed. E. City Hall Seismic Proiect. (CFN-1263) The City Hall Seismic Project was accepted as complete. F. Public Works Maintenance Facility Security ID Proiect. (CFN-120) The Security ID Project at Public Works Maintenance Facility was accepted as complete. 2 Kent City Council Minutes January 20, 2004 G. Public Works Maintenance Facility Security Camera Project, (CFN-120) The Security • Camera Project at Public Works Maintenance Facility was accepted as complete. H. Kent Commons Gym Roof Project. (CFN-120) The Gym Roof Project at Kent Commons was accepted as complete. I. Agreement with Bureau of Alcohol,Tobacco, Firearms and Explosives. (CFN-122) The Mayor was authorized to sign the Memorandum of Agreement between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kent Fire Department for reimbursement of overtime salary costs associated with the ATF Puget Sound Arson Explosives Task Force. J. 2004 Fire Safe Families Grant from State Department of Health. (CFN-122) Grant funds of$2,000 and the in-kind grant of 150 smoke detectors received from the State of Washington were accepted. K. Appointment to LEOFF I Disability Board. (CFN-147) The Mayor's appointment of City Councilmember Debbie Ranniger to serve as the Council Representative on the LEOFF I Disability Board was confirmed. L. Washington Traffic Safety Commission Grant. (CFN-122) The Kent Police Department was authorized to accept the Washington Traffic Safety Commission grant for 2004 in the amount of$5,000.00, and to establish budget documents as required • OTHER BUSINESS A. Kent Station Phase I Purchase and Sale Agreement. (CFN-171) Mayor White spoke in support of the project,noting that downtown Kent could become the retail and entertainment center of the city. He said the proposed resolution would authorize the surplusing of approximately 18.2 acres of the Kent Station property, located in the north portion of Kent's downtown core, and would authorize the Mayor to execute the Real Estate Purchase and Sale Agreement between the City of Kent and Kent Station, L.L.C. The proposed agreement would authorize the sale, at$5 per square foot, of approximately ten acres of the Kent Station site with the intent of developing the property consistent with the City's vision of a mixed-use urban development. It also provides the developer an option to purchase the remaining Kent Station property at fair market value or$5 per square foot,whichever is greater. The agreement includes specific provisions that act as incentives for the developer to quickly commence and complete construction of the full site, along with other provisions intended to allow the City to regain control of the property, should the developer fail to timely complete the proposed development. It was noted that many emails on this subject have been received, and PETERSON MOVED to make all correspondence relating to this issue a part of the record. Clark seconded and the motion carried. PETERSON MOVED to adopt Resolution No. 1664 surplusing approximately 18.2 acres of property in Kent's north downtown core, commonly known as the "Kent Station"property, and authorizing the Mayor to execute a purchase and sale agreement with Kent Station, L.L.C., substantially in the form attached to the resolution and amended to include subsequent takedown purchase date restrictions addressed at tonight's meeting, all subject to approval of the final terms and conditions by the City Attorney. Clark seconded. THOMAS MOVED to amend Resolution No. 1664 by substituting the amount of$7.50 per square foot for the amount stated at$5.00 per 3 Kent City Council Minutes January 20, 2004 square foot in Phase I. White seconded. Peterson did not agree with the amendment,saying that progress has been made in the last thirty days and that the project will enhance economic • development and create a livable, viable addition to the community. Thomas explained that his amendment was an attempt to meet the developer halfway at$7.50. After a brief discussion, the motion to amend failed,with only Thomas in favor. Clark reviewed the history of the project, including Mayor White's efforts in getting the Sounder to stop in Kent, determining that the north site is the most viable, obtaining funding for Ramsay Way, and making a commitment to change the City of Kent forever. Ranniger said she is comfortable with the price,the traffic mitigation and the vision. White explained that while he feels the project will be successful, there are alternatives which could result in a better return. Raplee voiced concern as to whether this is the right mix for Kent. Harmon stated that the project will bring jobs to Kent and will help revitalize existing businesses. Thomas said he has concerns about the price,the appraisal,parking, and the traffic impact. Martin noted that Section 2.7 regarding Subsequent Takedowns has been added to the Purchase and Sale Agreement, and that it requires the developer to complete 25%of the first phase, or wait until January 1, 2005, whichever is later,before selling the remainder of the property. He said there is a caveat that allows the city to sell the property to the developer should there be a buyer who had a property that they needed to buy for the purpose of developing that property prior to then. Upon a roll call vote, the motion to adopt Resolution No. 1664 carried 4-3, with Clark,Harmon, Peterson and Ranniger in favor, and Raplee, Thomas and White opposed. • B. Kent Station Development Agreement. (CFN-171) On December 16, 2003 and on January 20, 2004,the City Council held public hearings and discussed the proposed resolution which would authorize the Mayor to sign the proposed development agreement,which applies to the approved sale of the Kent Station property to Kent Station, L.L.C. and addresses specific regulatory and development issues between the City and the Kent Station developer. PETERSON MOVED to adopt Resolution No. 1665 authorizing the Mayor to execute the Development Agreement for the Kent Station property with Kent Station, L.L.C. Thomas seconded and the motion carried 5-2 with White and Raplee opposed. C. Kent Station Admissions Tax. (CFN-171) Mayor White noted that this ordinance enacts a 5%tax on admissions charges imposed by local businesses,but only if the customer is charged admission in order to enter the building where a use or activity occurs. The ordinance exempts from taxation admission charges imposed by schools and other federally tax-exempt non-profit organizations and governmental entities. Martin noted that a very small number of entities would be affected by this ordinance, although the exact number is not known at this time. WHITE MOVED to table this issue until the next Council meeting. Raplee seconded. The motion failed with Clark, Harmon, Peterson,Ranniger and Thomas in favor, and Raplee and White opposed. THOMAS MOVED to table the motion indefinitely. White seconded. After a brief discussion, the motion failed with only Thomas and White in favor. is 4 Kent City Council Minutes January 20, 2004 CLARK MOVED to adopt Ordinance No. 3678 enacting a 5% admissions tax on certain • admissions charges imposed by businesses and other entities within the City, to take effect July 1, 2004. Peterson seconded. Clark noted that this ordinance is part of the complete package. The motion carried 4-3, with Clark,Harmon, Peterson and Ranniger in favor and Raplee,Thomas and White opposed. D. Kent Station Downtown Connectivity. (CFN-171) Mayor White stated that the proposed resolution sets forth the City's commitment to ensure pedestrian connections between Kent Station and historic Kent downtown along the 2nd Avenue/Ramsay Way corridor, and affirms the City's intention to ensure the economic vitality of both Kent Station and historic downtown Kent. RANNIGER MOVED to adopt Resolution No. 1666 stating the City's commitment to ensure pedestrian connections between Kent Station and historic downtown Kent and affirming the City's intention to ensure the economic vitality of historic downtown Kent and Kent Station. Clark seconded. Ranniger and Thomas stressed the importance of connectivity, and the motion carried. REPORTS Council President. (CFN-198) It was noted that Suburban Cities will hold their Policy Board meeting in Renton tomorrow night at 7:00 p.m. and that Councilmembers are invited to attend. Public Safety Committee. (CFN-198) Ranniger noted that the committee will hold their meetings on the third Thursday of each month, the next meeting being on February 19th at 5:00 p.m. Public Works Committee. (CFN-198) White noted that the next meeting will be held at 5.00 p.m. on January 29th. Plannine and Economic Development. (CFN-198) Clark noted that, due to holidays on the third Monday of January and February, there will not be a meeting in January and there will be a special meeting in February, although the date has not been set. Administrative Reports. (CFN-198) Martin noted that an Executive Session is unnecessary. ADJOURNMENT At 8:45 p.m.,PETERSON MOVED to adjourn. Hannon seconded and the motion carried. (CFN-198) Brenda Jacober, LMC City Clerk is 5 • Kent City Council Meeting Date February 3, 2004 Category Consent Calendar 1. SUBJECT: KING COUNTY YOUTH SPORTS GRANT FOR UPLANDS PLAYFIELD—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks, Recreation and Community Services Director, accept the Youth Sports Facility Grant for$36,000.00 from King County and amend the Uplands Playfield Budget. Staff submitted an application to King County Parks and Recreation Division, Department of Natural Resources and Parks for improvements at Uplands Playfield. The improvements included ADA accessible sidewalks and ramps, fencing,player benches and an automatic irrigation system. The Mayor provided a letter of support for the project in July. 3. EXHIBITS: King County Contract#D33337D and letter of award • 4. RECOMMENDED BY: Staff and Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? $36,000.00 Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20046 Amount $36,000.00 Unbudgeted Revenue: Fund P20103 Amount $36,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C -a.cl�h King County Parks and Recreation Division Department of Natural Resources and Parks King Street Center Building KSC-NR-0700 201 South Jackson Street Seattle,WA 98104-3855 206-296-8687 December 24, 2003 Shane Gilbertson, Project Manager Kent Parks and Recreation 220 4th Avenue South Kent, WA 98032 RE: Uplands Playfield Contract#D33337D $36,000 Dear Mr. Gilbertson: Congratulations again on your King County Youth Sports Facility Grant award Enclosed are two copies of a contract. Please return both copies with authorized signatures and completed exhibits. You will also be receiving exhibits by email if you have not already. If you have received a YSFG award in the past, please note that the contract and exhibit requirements have changed. Please do not hesitate to call if you have any questions regarding the contract procedures. You will receive a contract with an "Authorization to Proceed" once they have been executed on our end. King County Parks and Recreation is pleased to be working with you on this exciting community project. -I can be reached at 206.263.6267 or butch.lovelacegmetrokc.gov should you have any questions. All the best, x�Zfc�4zc- Butch Lovelace King County Department of Natural Resources and Parks Parks and Recreation Division • YOUTH SPORTS FACILITY GRANT CONTRACT-2004 Department/Division. Natural Resources and Parks / Parks Division Agency: Kent Parks and Recreation Project Title: Uplands Playfield Contract Amount: $36,000 Fund Code: 1638 Contract Period From: January 1,2004 To December 31, 2005 Contract Number: D33337D THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Parks and Recreation (the "Agency").,whose address is 220 4th Avenue South, Kent,WA 98032, WHEREAS, King County is the manager of the Youth Sports Facility Grant(YSFG)Program; WHEREAS, the grant recipient is either a public agency or a non-profit organization whose land or facility will provide recreational or athletic opportunities primarily to youth under 21 years of age; WHEREAS, King County has selected the identified agency to be awarded a Youth Sports Facility Grant to assist in capital improvements for increased recreational opportunities; WHEREAS, the grant recipients and/or landowner on whose property will receive these improvements will develop, program, operate, and maintain the facility to address a recreation need in King County; WHEREAS, King County has the authority under KC Ordinance 10454 to enter into agreements for the use of King County funds by public agencies and/or non-profit organizations to provide a service to the public, This form is available in alternate formats for people with disabilities upon request. 1 NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto,the parties covenant and do mutually agree as follows. 1. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits,which are incorporated herein by reference• ❑ Scope of Services Attached hereto as Exhibit I ❑ Budget Attached hereto as Exhibit II ❑ Timeline Attached hereto as Exhibit III ❑ Invoice Voucher Attached hereto as Exhibit IV ❑ Design Documents Attached hereto as Exhibit V ❑ Insurance Certificate Attached hereto as Exhibit VI ❑ W-9 Attached hereto as Exhibit VII ❑ Use Agreement Attached hereto as Exhibit VIII ❑ Personnel Inventory Report(K.C.C. 12.16) NA ❑ Affidavit of Compliance(K.C.C. 12.16) NA ❑ Assurance of Compliance/Section 504 NA 2. DURATION OF CONTRACT This Contract shall commence on the 1st day of January, 2004, and shall terminate on the 31st day of December, 2005, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. 3. PREMISES This grant project is located at Uplands Mayfield,Kent 4. PARTIES All communication, notices,coordination,and other tenets of this agreement shall be managed by: On behalf of King.Countv: Butch Lovelace, YSFG Program Manager King County Department of Natural Resources and Parks 201 South Jackson St, Suite 701 Seattle, WA 98104-3855 Email: butch.lovelaceametrokc.gov Phone: 206.263.6267 2 On behalf of: Mr. Shane Gilbertson, Project Manager Kent Parks and Recreation 220 4th Avenue South Kent, WA 98032 253.856.5115 sgilbertson@ci.kent.wa.us 5. COMPENSATION AND METHOD OF PAYMENT A The County shall reimburse the agency for satisfactory completion of the services and requirements specified in this Contract after the agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 30 days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within 15 days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. 6. OPERATING BUDGET When a budget is attached hereto as exhibit Il,the Agency shall apply the funds received from the County under this Contract in accordance with said budget The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories, i.e. Project Tasks, is expected to exceed 10% of the Contract amount. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. 7. COMMUNICATION The Agency shall recognize King County Parks as a fiscal sponsor for the grant project in the following manner: A. Plaque: At the time of project completion or dedication, which ever comes first, the Agency shall install on or near the facility a 4" X 6" plaque provided by the County that notes King County as a fiscal sponsor. B. Events: The Agency shall invite and recognize King County Parks at all events promoting the project during construction,and at the final project dedication. C. Written material: The Agency shall recognize King County Parks as a fiscal sponsor in all brochures, banners, posters, and other promotional material. i 3 S. PUBLIC ACCESS The Agency shall to the greatest extent reasonably possible make the project available for use by • the general public without unreasonable requirements for use. Fees for use of the project shall be no greater than those generally charged by public operators of similar facilities in King County. 9. GREEN BUILDING King County is committed to promoting and using green building practices in construction projects. Though not required,King County strongly encourages practices that conserve resources, use recycled content materials,maximize energy efficiency,and otherwise consider environmental, economic and social benefits in the design and construction of a building project. 10. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington(RCW) Chapter 40.14. 11. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six(6)years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington(RCW)Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10)working days of any such relocation. 12. RIGHT TO INSPECT King County at its discretion reserves the right to review and approve the performance of Agency with regard to this Contract. 13. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shall comply with all applicable laws, ordinances and regulations in using funds provided by the County including, to the extent applicable, those related to "public works," payment of prevailing wages and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County, and that King County, does not waive this section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an • administrative investigation or hearing for a violation of such laws related to this Agreement. 4 14. CORRECTIVE ACTION A. If the County determines that a breach of contract has occurred or does not approve of the • aforementioned performance, it will give the Agency written notification of unacceptable performance. Agency then agrees to take corrective action within a reasonable period of time,as defined by King County in the aforementioned written notification. B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. 15. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. 16. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. 17. HOLD HARMLESS AND INDEMNIFICATION The Agency agrees to indemnify and hold King County harmless as provided herein. Accordingly, The Agency agrees for itself, its successors, and assigns, to defend indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons, death,or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Contract or The Agencys exercise of rights and privileges granted by this Contract,except to the extent of the County's sole negligence. The Agency's obligations under this section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at The Agency's own expense; B. Indemnification of claims made by The Agency's employees or agents; and C. Waiver of The Agency's immunity under the industrial insurance provisions of Title 51 RCW. but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from The Agency. 5 In the event it is determined that RCW 4.24.115 applies to this Contract, The Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property(hereinafter"claims"), arising out of or in any way resulting from The Agency's officers,employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Contract, to the maximum extent permitted by law or as defined by RCW 4.24 115, now enacted or as hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Contractor or Subcontractor Agreements entered into by Agency in conjunction with this Contract. 18. INSURANCE A. Liability Insurance. Requirements Notwithstanding any other provision within this Agreement, Grant recipient shall procure and maintain the following Minimum Limits of Insurance for the duration of the term and shall require their contractors to procure and maintain: 1. Commercial General Ltability. (to include Products-Completed Operations) insurance against claims for injuries to persons or damages to property that may arise from or in connection with the Concessionaire's use of the premises at the County Park site. General liability insurance shall be as broad as that provided by Commercial General Liability"occurrence"form CG0001 (Ed 11/85) The insurance limits shall be no less than One Million dollars ($1,000,000) combined single limit per occurrence and Two million dollars ($ 2,000,000) in the aggregate for bodily injury and property damage 2 Automobile Liability. Insurance Services form number CA 00 01 (Ed 1/80) any auto. If the grant includes the use of automobiles, the Limit of Liability shall be no less than One Million dollars($ 1,000,000)per occurrence. 3 Workers Compensation/Stop Gap. If the recipient or its contractors has employees, parties shall provide Statutory Workers Compensation coverage and Stop Gap Liability for a limit no less than One Million dollars($1,000,000) 4. Professional Liability. If the grant includes the use of Professional Services, a Per Claim/Aggregate Limit of$ 1,000,000. shall be provided B If the grant involves the construction of a capitol project or involves the purchase of equipment greater than $ 5,000. in value, Grant Recipient shall provides "All Risk"Builders Risk or Property" coverage for the full replacement value of the project/property built/purchased. King County shall be listed as a Loss payee. C. King County and its officers, officials, employees and agents shall be covered as additional insured with respect to liability arising out of activities performed by the grant recipient and its contractors. Additional Insured status shall include Products-Completed Operations. D To the extent of the grant recipient or its contractor's negligence, their insurance respectively • shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, 6 employees or agents shall not be subjected to contribution in favor of the Grant recipient or its contractors insurance and shall not benefit their in any way. Grant Recipient and Contractors insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought,subject to the limits of the insurer's liability. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A VHL The Grant Recipient must provide a Certificate of Insurance and Additional Insured Endorsement to the (Exhibit VII), and upon written request of the County, provide a duplicate of the policy as evidence of insurance protection. Grant recipient shall be responsible for the maintenance of their contractors insurance documentation. G. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. 19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment Provision of Services King County Code Chapter 12.16 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate of tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract B. Nondiscrimination in Subcontracting Practices King County Code Chapter 12.17 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. C. Fair Employment Practices King County Code Chapter 12.18 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither • the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. 7 D. Com_pliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, • executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act,and the Restoration Act of 1987. E. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law. F. Repoortine 1. The Agency entering into a contract or agreement with King County valued at$25,000 or more shall submit with this Contract a total Personnel Inventory Report providing employment data for minorities,females, and persons with disabilities. Subject to the provisions of KCC Chapter 12.16.060,the Agency's Personnel Inventory Report shall be effective for two years after the date on which the report was submitted. 2. The Agency entering into a contract with King County valued at more than $25,000, or contracts which in the aggregate have a value to the Agency of more than $25,000 should submit an Affidavit of Compliance in the form provided by the County, demonstrating commitment to comply with the provisions of KCC Chapter 12.16 in accordance with paragraph A of this Section XV 20. SECTION 504 AND AMERICANS WITH DISABILITIES ACT The Agency shall complete a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and shall evaluate its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504") and the Americans with Disabilities Act of 1990 ("ADA"). The Agency shall complete a 504/ADA Assurance of Compliance, and corrective action plan as needed for structural, programmatic, and/or service changes necessary at each of its premises within the State of Washington to comply with 504 and the ADA, and it is attached as an exhibit to this Contract and incorporated herein by reference. 21. CONFLICT OR INTEREST KCC Chapter 3.04 is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. 22. POMICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 8 23. EQUIPMENT PURCHASE,MAINTENANCE,AND OWNERSHIP A. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. • B. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. 24. NOTICES Whenever this Contract provides for notice to be provided by one (1)party to another, such notice shall be: A. In writing; and B. Directed to the person specified in Section IV of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. 25. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County Said consent must be sought in writing by the Agency not less than fifteen(15) days prior to the date of any proposed assignment. 26. CONTRACT AMENDMENTS Either party may request changes to this Contract Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. 9 27. ENTIRE CONTRACT/WAIVER OF DEFAULT • The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County,which shall be attached to the original Contract KING COUNTY AGENCY NAME HERE FOR King County Executive Signature Date NAME(Please type or print),Title Date 10 Kent City Council Meeting Date Februaa 3, 2004 Category Consent Calendar 1. SUBJECT: FEE-IN-LIEU OF FUNDS FOR 132ND STREET PARK AND 272ND STREET PARK—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks, Recreation and Community Services Director, accept the $46,349.68 for fee-in-lieu from three subdivisions and amend the 132nd Street Park and 272nd Street Park budgets. From October through December 2003,the City of Kent received a total of$46,349.68 from three subdivisions who voluntarily paid fees in lieu of dedicating parkland to mitigate for the development of single family homes. The City has five years from the date of deposit to spend these funds for park acquisition, development or open space. Funds are used at a park closest to the subdivision paying fee in lieu. Park Subdivision Developer Fee-in-lieu 132nd Street Highland Park SBI Development LLC $209025.00 272nd Street Alvin's Pond William Ruth $ 9,149.68 272nd Street Autumn Glen Bennett Sherman LLC $17,175.00 3. EXHIBITS: City Revenue Reports 4. RECOMMENDED BY: Staff and Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? $46,349.68 Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20068 Amount $20,025.00 Unbudgeted Expense: Fund P20093 Amount $26,324.68 Unbudgeted Revenue: Fund P20013 Amount$46,359.68 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D CITY OF KEN T PERMIT RECEIPT Page 1 of 1 RECEIPT NUMBER: 0342393 ck permit status "oMine"at www.ci.kent wa.us/permitcenter ISSUE DATE: Nov.21,2003 PERMIT PARCEL OWNER PERMIT OWNER 2PP5 2033036 GRESCHOK TER RI SBI DEVELOPING-MARK ENEBRAD Contractor Company Role KENNETH SHIPLEY SHIPLEY,KENNETH WILLIAM Permit Fee Code Description Pald to Date This Receipt RPP5 2033036 PK003 PARKS FEE IN LIEU OF•EAST HILL $0.00 $20,025.00 RPP5 2033036 PSU003 SUBDIVISION-FINAL PLAT $2,020.00 $0.00 Totals: $2,020.00 $20,025 00 Payment Code Descrlption Received By: Amount CASHIER 29105 SBI DEVELOPMENT LLC KIVA $20,025.00 Tendered: $20,025.00 Change: $0.00 Balance: $0.00 •ayment Distribution by Division Business Licensing $0.00 Development Services $0.00 Engineering $0.00 Fire Prevention $0.00 Planning Services $20,025.00 t 11,Y ur lv 1 - PERMIT RECEIPT Page 1 of 1 RECEIPT NUMBER: 03-42414 Check permitstatus "online"at www.cLkent.wa.us/permitcenter ISSUE DATE: Nov.25,20� PERMIT PARCEL OWNER PERMIT O WNER RPPS 2032565 GRUBE MILDRED O W.E.RUTH Contractor Comnanv Role HANS A.KORVE,PLNG MGR DMP,INC. Permit Fee Code Description Paid to Date This Receipt RPPS 2032565 PK003 PARKS FEE IN LIEU OF-EAST HILL $0.00 $9,149.68 RPP52032565 PSO003 SUBDIVISION-FINAL PLAT $1,76000 $000 Totals: $1,760.00 $9,149.68 Pavment Code Description Received BY: Amount CASHIER 29240 RUTH,WILLIAM KIVA $9,149 68 Tendered: $9,149.68 Change: $0 00 Balance: $0 00 Payment Distribution by Division Business Licensing $0.00 Development Services $0.00 Engineering $0.00 Fire Prevention $0.00 Planning Services $9,149.68 Kent City Council Meeting Date February 3, 2004 Category Consent Calendar 1. SUBJECT: IMPOUNDMENT RESERVOIR COMPREHENSIVE PLAN AND ZONING DESIGNATIONS— SET HEARING DATES 2. SUMMARY STATEMENT: Set March 2, 2004 and April 6, 2004 as the public hearing dates to establish the initial zoning for the Impoundment Reservoir area. Amendments to the comprehensive plan land use map also shall be considered. By State law the public hearings are required to be held 30 days apart. The Land Use and Planning Board will make a recommendation to the City Council on these issues. The property is approximately 156 acres in size and is located at the northwest corner of the intersection of 124"'Avenue SE and SE 304t' Street 3. EXHIBITS: None 4. RECOMMENDED BY: Land Use and Planning Board (Committee, Staff, Examiner,Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E Kent City Council Meeting Date February 3, 2004 Category Consent Calendar 1. SUBJECT: INTERLOCAL AGREEMENT WITH AUBURN SCHOOL DISTRICT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an interlocal agreement with the Auburn School District to effect the school impact fees according to the capital facilities plan approved by the City Council on December 9, 2003 under Ordinance Nos. 3674 and 3675. 3. EXHIBITS: Agreement with Auburn School District 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount$ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F INTERLOCAL AGREEMENT • BETWEEN THE CITY OF KENT AND AUBURN SCHOOL DISTRICT NO.408 THIS AGREEMENT is entered into this 22. day of 3401949try ,2004, by and between the CITY OF KENT (the "City" hereinafter) and the AUBURN SCHOOL DISTRICT NO 408 (the"District"hereinafter). WHEREAS, the Washington State Legislature passed the Growth Management Act, Chapter 36.70A RCW, and Chapter 82.02 RCW (the "Act" hereinafter), which authorizes the imposition of impact fees on development activity as part of the financing for public facilities, which financing must provide for a balance between impact fees and other sources of public funds; and WHEREAS, the Act allows the collection and expenditure of impact fees only on public facilities which are addressed by a capital facilities element of a comprehensive land use plan adopted under the Act; and WHEREAS, the District has prepared a capital facilities plan, and authorization to collect and expend fees is contingent upon the City's adopting the District's Capital Facilities Plan("CFP") as part of the City's Comprehensive Plan, all as required by RCW 36.70A.070,and on the plan's adherence with the statutory requirements of the Act; and WHEREAS, the City has adopted Ordinance No. 3260 (the "school impact fee ordinance"), which describes the features of the school impact fee program, and allows the District to receive and expend the school impact fees in conformance with the Act; and WHEREAS, the City and the District have entered into this Interlocal Agreement pursuant to Chapter 39.34 RCW, for the purposes of setting forth the duties and responsibilities of the parties with regard to the school impact fee program. NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows: I. RESPONSIBILITIES OF THE DISTRICT The District, by and through its officials, employees, agents and representatives, agrees to: INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004) AND AUBURN SCHOOL DISTRICT NO.408 RE: SCHOOL IMPACT FEES—Page 1 of 8 A. Annually submit to the City a six-year capital facilities plan or an update of the previously adopted plan, together with an impact fee schedule, which meets the requirements of the Act and the school impact fee ordinance on or before April lst of each year. In addition, the District shall submit all other information required by K.C.C. 12.13.060. B. Assist the City if the school impact fees are challenged. C. Establish and maintain impact fee accounts, as required by RCW 82.02.070. D. Prepare a report to the City to allow the City to meet the requirements of RCW 82.02.070(1) and submit such report to the City on or before April 1 of each year, showing the source and amount of all moneys collected, earned or received and system improvements that were financed in whole or in part by impact fees. E. Provide for proper expenditure of impact fees, as provided in RCW 82.02. 050(4) and 82.02.070(2). F. Encumber or expend impact fees as provided in RCW 82.02.070(3), and where the District has extraordinary and compelling reasons for noncompliance with this statute, the District shall identify such reasons in written findings, to the City Council. G. LNUGly property owners of refunds under RCW 82.02.080 and the processing and payment of any refunds, together with any interest which may be due. H. Review all covenants and declaration of restrictions for form, as these • documents are required to maintain exemptions from payment of impact fees. I. Maintain all accounts and records necessary to ensure compliance with this Agreement, the school impact fee ordinance and all other applicable law. II. RESPONSIBILITIES OF THE CITY The City, by and through its officers, officials, employees, agents and representatives, agrees to: A. Be responsible for all administrative aspects of the impact fee program, including: 1. the determination, pursuant to the school impact fee ordinance, whether or not residential development activity in the City is exempt from payment of fees; 2. the calculation of the fee amount for any non-exempt residential development activity, based upon the schedule of fees adopted by the City pursuant to the school impact fee ordinance; 3. the receipt of the fees from the applicant; 4, imposition and collection of the administrative or permit application fees associated with the impact fee program and the development activity. INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004) AND AUBURN SCHOOL DISTRICT NO 408 RE: SCHOOL IMPACT FEES—Page 2 of 8 B. Establish and maintain school impact fee accounts pursuant to RCW 82.02.070, so that impact fees can be transferred to the District on a monthly basis. C. Develop a report on the school impact fee account as required by RCW 82.02.070(1), and review of the District's report required by RCW 82.02.050(4), detailing the fees received and the system improvements financed in whole or in part by the fees. D. When City permits have been applied for, enforce covenants or declaration of covenants and restrictions, where the same have been executed as a condition of exemption from school impact fees. When permits are not applied for, the City shall advise the District of any potential enforcement action, and the District will elect whether to take enforcement action at its expense or to reimburse the City for the City's cost of enforcement. III. AUDIT A. The District's records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit, by the City or appropriate state agency. B. The District agrees to cooperate with any monitoring or evaluation activities conducted by the City that pertain to the subject of this Agreement. The District agrees to allow the City or appropriate state agencies and/or any of their employees, agents or representatives, to have full access to and the right to examine, audit, make excerpts or transcripts, during normal business hours, all of the District's records with respect to all matters covered by this Agreement. The City shall provide fifteen (15) days advance notice to the District of fiscal audits to be conducted. IV. INDEMNIFICATION AND HOLD HARMLESS A. The District shall, at its own cost and expense, protect, defend, indemnify and hold harmless the City, its officers, employees and agents, from any and all costs, claims,judgments or awards of damages, ansing out of or in any way resulting from the acts or omissions of the District, its officers, employees or agents, relating to the District's implementation of the school impact fee program, performance of the duties set forth in paragraph I of this Agreement, or compliance with the terms of Ordinance No. 3260, all as may be amended from time to time. This indemnification by the District of the City shall include,but not be limited to: 1. The District's responsibility to refund any fees with interest, which are determined by a court of competent jurisdiction to have been improperly paid, regardless of whether the City erroneously required the fee amount; 2. The District's agreement not to impose any liability on the City for the City's failure to collect the proper fee amount or any fee from a developer conducting any development activity, provided that the City shall make reasonable attempts to collect such fee. INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004) AND AUBURN SCHOOL DISTRICT NO.408 RE: SCHOOL IMPACT FEES—Page 3 of 8 B. The District shall, at its own cost and expense, protect, defend, indemnify and hold harmless the City, its officers, employees, and agents, from any and all costs, claims, judgments, or awards of damages, resulting from a challenge to the legality of Ordinance No. 3260, except as to the form or passing procedure of Ordinance 3260. Provided, however, that if the District offers to defend the City and the offer is rejected, the District shall not be liable for any of the City's attorney's fees or incidental litigation expenses incurred after such offer to defend is made; provided further, that if the District defends the City, the District shall be authorized to settle any such challenge. C. The District further agrees that the District shall, at its own costs and expense, protect, defend, indemnify and hold harmless the City, its officers, employees, and agents from any and all costs,claims,judgments,or awards of damages arising out of or in any way resulting from the District's failure to refund impact fees, or interest on such impact fees, including but not limited to a determination that impact fees from development activity that was not completed are not refundable because the funds were expended or encumbered by the District whether or not the District's determination was made in good faith; provided however, that if the District offers to defend, the District shall not be liable for any of the City's attorney's fees or incidental litigation expenses incurred after such offer to defend is made; provided further, that if the District defends the City, the District shall be authorized to settle any such challenge. D. The District's duties to the City under this Section shall not be diminished or extinguished by the prior termination of this Agreement pursuant to Section V. E. Except as provided in paragraphs A, B and C, the City shall, at its own cost and expense, protect, defend, indemnify and hold harmless the District, its officers, employees, or agents, from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the acts or omissions of the City, its officers, employees or agents, relating to the City's implementation of the school impact fee program, performance of the duties set forth in Paragraph II of this Agreement, or the terms of Ordinance No. 3260, all as may be amended from time to time; provided however, that if the City offers to defend, the City shall not be liable for any of the District's attorney's fees or incidental litigation expenses incurred after such offer to defend is made, and provided further that the District shall promptly refund any fees as required by a final court order including payment of any pre-or post judgment interest. F. The City's duties to the District under this Section shall not be diminished or extinguished by prior termination of this Agreement pursuant to Section V. V. EFFECTIVE DATE AND TERMINATION A. The District's authorization to receive impact fees under this Agreement may be terminated without cause by the City, in whole or in part, at any time, but only upon the repeal or invalidation of Ordinance No. 3260. All other obligations under this Agreement shall remain in effect until both of the following conditions have been satisfied: 1. the City or the District provides written notice that this Agreement is being terminated; and R,TERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004) AND AUBURN SCHOOL DISTRICT NO.408 RE: SCHOOL IMPACT FEES—Page 4 of 8 2. the District no longer retains unexpended or unencumbered impact fees and interest earned thereon. The obligations under Section IV, Indemnification, shall be continuing and shall not be diminished or extinguished by the termination of this Agreement. B. The District shall have the duty to ensure that upon termination of this Agreement, any remaining unexpended or unencumbered impact fees and interest earned thereon are either properly expended or refunded pursuant to Chapter 82.02 RCW. C. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or by law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. VI. MODIFICATION No changes or modifications of this Agreement shall be valid or binding upon either party unless such changes or modifications are in writing and executed by both parties. VII. INTEGRATION This Agreement, together with the school impact fee ordinance, contains all the terms and conditions agreed upon the by parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to bind either party. VIII. SEVERABILITY In the event that any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. IX. RIGHTS OF OTHER PARTIES It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and conveys no right to any other party. X. DISPUTES Jurisdiction of any dispute arising under this Agreement shall be in King County Superior Court, and the substantially prevailing party shall be entitled to recover its costs and reasonable attomeys' fees. • INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004) AND AUBURN SCHOOL DISTRICT NO.408 RE: SCHOOL IMPACT FEES—Page 5 of 8 XI. GOVERNING LAW AND FILING This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. This Agreement shall become effective following occurrence of the following: A. Approval of the Agreement by the official action of the governing bodies of each of the parties hereto; B. Execution of the Agreement by the duly authorized representative of each of the parties hereto; C. The filing of a copy of this Agreement with the following public officials: 1. The City Clerk of the City of Kent; 2. The Secretary of the Board of Directors of the Kent School District; and 3. The King County Records and Elections Division. XIL ADMINISTRATION A. The City representative for purposes of administering this Agreement is: the City Administrator or his/her designee. B. The District's representative for purposes of administering this Agreement is: the Superintendent or his/her designee. XIII. WAIVER OF DEFAULT Waiver of any default in the performance of this Agreement shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date and year set forth below. CITY OF KENT: AUBURN SCHOQL D S RICT NO.408 J By: Bye; Print Name: JIM WHITE Print Name: Linda S. Cowan Its: MAYOR Its: Superintendent Date: Date: January 22, 2004 (Notary Acknowledgements Appear on Next Page) • INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004) AND AUBURN SCHOOL DISTRICT NO.408 RE: SCHOOL IMPACT FEES—Page 6 of 8 1 STATE OF WASHINGTON ) I : ss. ' • COUNTY OF KING ) I hereby certify that on the day of , 2003, I know or have satisfactory evidence that JIM WHITE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its MAYOR, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within Thu Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Wasington residing at My appointment expires I STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the Z2. day of 2gukw 12 ;Iknow or have satisfactory evidence that L/o4,0 ep&QA#j is the person who appeared before me,and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the AUBURN SCHOOL DISTRICT NO.408 as its 5&c rWAjw r #g04W r , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN VJ;Q�ESS WHEREOF, I have hereunto set my hand and official seal the day a�d' +yP written. _w0;��ys10NF .�0'+, VX��LGLi7lGU fr�/L7r'� i • pUBL\G :i= NOTARY PUBLIC,in and for the State of Washington residing at:3.19.D?.•\�Ca�� My appointment P expires —M-67 '4�pF WpS • INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004) AND AUBURN SCHOOL DISTRICT NO.408 RE: SCHOOL IMPACT FEES-Page 7 of 8 APPROVED AS TO FORM APPROVED AS TO FORM: • KENT CITY ATTORNEY: AUBURN SCHOOL DISTRICT NO. 408 A EY: P\Civil\FILES\ppmFiks\01'S-2003\AuburnSdwoDiar"Malomt.&hwllmpa Fadoc • • INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004) AND AUBURN SCHOOL DISTRICT NO.408 RE: SCHOOL IMPACT FEES—Page 8 of 8 Kent City Council Meeting Date February 3, 2004 Category Other Business 1. SUBJECT: LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM AMENDMENT NO. 1 —ACCEPT 2. SUMMARY STATEMENT: The City is in receipt of a Seattle-King County Department of Health, Local Hazardous Waste Management Program grant amendment in the amount of$39,075.35. The Local Hazardous Waste Management Program Contract(#D32778D) with Seattle & King County Public Health is being amended to change the contract amount, contract period and scope of services. 3. EXHIBITS: Public Works Director memorandum and contract amendment 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund M17103 Amount $39,075.35 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds authorizing the Mayor to sign the Local Hazardous Waste Management Amendment#1 with Seattle King County Department of Health in the amount of$39,075.35, directing staff to accept the grant, and establishing a budget for the funds. DISCUSSION: ACTION: Council Agenda Item No. 7A PUBLIC WORKS DEPARTMENT Don E.Wickstrom, P.E. Public Works Director Phone 253-856-5500 49 Fax. 253-856-6500 K E N T Address 220 Fourth Avenue S WASHINGTON Kent,WA.96032-5895 DATE: January 26,2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom,Public Works Director THROUGH: SUBJECT: Local Hazardous Waste Management Program(Amendment#1) MOTION: Recommend authorization for the Mayor to sign the Local Hazardous Waste Management Program Amendment#1 in the amount of$39,075.35, direct staff to accept the grant and establish a budget for the funds to be spent within said project. SUMMARY: We are in receipt of a Seattle-King County Department of Health,Local Hazardous Waste Management Program grant amendment in the amount of$39,075.35. The Local Hazardous Waste Management Program Contract(#D32778D)with Seattle&King County Public Health is being amended changing the contract amount,contract period and scope of services At this time we are requesting authorization for the Mayor to sign the grant agreement BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND The Local Hazardous Waste Management Program is used to fund two City of Kent Household Hazardous Waste Collection and Recycling Events in March and October 2004. The events will be for the collection and recycling of used motor oil, oil filters,petroleum based products, antifreeze, batteries and other such materials. • Mayor White and Kent City Council Local Hazardous Waste Management Program(Amendment 1) January 26,2004 1 3 _ R Page 1 of 5 Pages CONTRACT AMENDMENT PROJECT NAME Local Hazardous Waste CONTRACT NO D32779D Management Program DATE ENTERED 1/1/03 CONTRACTOR City of Kent AMENDMENT NO 1 ADDRESS 220 4th Avenue South Kent, WA 98032-5895 DATE ENTERED 1I1/04 AMENDMENT REQUESTED BY AMENDMENT AFFECTS SKCDPH ® Scope of Services Organization ® Time of Performance P. Shallow ® Compensation Name ® Terms and Conditions 1 AMEND Contract Amount TO READ$39,075 35 2 AMEND Contract Period TO READ From January 1, 2003 TO December 31, 2004 3 AMEND`funding block"TO READ FUNDING SOURCE FUNDING LEVEL EFFECTIVE DATES Local Hazardous Waste Fund $39,075 35 1/l/03— 12/31/04 4 AMEND Section II DURATION OF CONTRACT and shall terminate on the 31't day of December 2003 TO READ and shall terminate on the 31u day of December 2004 5 Exhibits I and 11 shall each be amended by adding the attached Exhibits 1-1 and II-1 B Exhibit A shall be added to the contract as attached hereto All other terms and conditions of the original contract shall remain unchanged IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first written KING COUNTY,WASHINGTON CONTRACTOR FOR King County Executive Signature Date Name (please type or print) Date S Contract#D32779D Amendment 1 EXHIBIT I4—Scope of Work&Responsibilities CITY OF KENT MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2004 ACTB TTIES The Local Hazardous Waste Management Plan(hereafter referred to as the"Plan")as updated in 1997,was adopted by the partner agencies(King County Solid Waste Division, Seattle Public Utilities,King County Water and Land Resources Division and the Seattle-King County Department of Public Health)and cities located in King County The Washington State Department of Ecology in accordance with RC W 70 105 220 subsequently approved the Plan The City is an active and valued partner in the regional Local Hazardous Waste Management Program(hereafter referred to as the"Program") The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee(hereinafter referred to as the"MCC") This Agreement further defines the responsibilities of the City and Seattle-Kmg County Department of Public Health with respect to the transfer of Program monies Scope of Work The City of Kent will organize two citywide Household Hazardous Waste Collection and Recycling Events At these events the fallowing materials will be collected and recycled motor oil, motor oil filters, petroleum-based products, antifreeze, batteries,computer monitors,TVs,CFCs and other materials if determined to be cost effective • Resnonsibjhties of the Parties The responsibilities of the parties to this Contract shall be as follows A The Ci l. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC 2 For reimbursement the City shall submit the following to the Contract Administrator a) An invoice(see Exhibit m Invoices should be sent to the Contract Administrator for approval and payment b) A brief description of activity accomplished and funds expended in accordance with the scope of work c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department The financial statements should include vendor names,a description of services provided,date paid and a check or warrant number 3 The City shall notify the Contract Administrator no later than December 15'h regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request 4 It is the responsibility of the City to comply with all applicable county,state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes The City shall report to J Contract#D32779D Amendment 1 the Contract Administrator the quantity,by type,of moderate risk waste collected using Program funds The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form,associated with the transport of moderate risk waste collected through Program- funded events 5 The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the C►ty's events or in any other way associated with activities conducted within the scope of this Contract In the event of a spill or other emergency,the City is responsible for complying with all applicable laws and regulations 6 The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole— with Program funds The intent of this provision is to further strengthen this regional partnership in the public's mind 7 The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material 8. This project shall be administered by Robyn Bartelt at the City of Kent,220 4'"Ave S,Kent,at(253)856 5549,(rbartelt@ci kent wa us)or her designee 9 Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Administrator for resolution B Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer,via the attached Contract,the • transfer of Program funds to the City for hazardous waste management events and activities 2 Within forty-five(45)days of receiving a request for reimbursement from the City,the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete(e g they do not include proper documentation of expenditures for which reimbursement is being requested)or are not consistent with the submitted scope of work C Program Contacts Ken Armstrong Paul Shallow LHWMP Program Administrator LHWMP Contract Administrator 150 Nickerson Street,Suite 100 999 Thud Avenue,Suite 700 Seattle, WA 98109 Seattle,WA 98104 206-352-8163 206-296-4751 ken armstrong@metrokc gov paul shallow@metrokc gov Contract#D32779D Amendment I EXHIBIT II-I Budgettlnvoice LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The City of Kent 220 4te Ave S Kent,WA 98032-5895 To Paul Shallow,LHWMP Contract Administrator Seattle-King County Department of Public Health 9"3 d Avenue,Suite 700 Seattle,WA 98104 Contract##D32779D Period of time , 2004 to 2004 In performance of a signed Contract between King County and the City of Kent,I hereby certify that the following expenses were incurred during the above-mentioned period of time Signature Date Component Budget Current Expenses Previous Charges Balance Description HHW Education HHW Collection $20,053 32 Other(describe) TOTAL $20,053 32 FOR HEALTH DEPARTMENT USE ONLY Local Hazardous Waste Management Program Approval Paul Shallow Date j Contract#D32779D EXHIBIT A • Mission,Method,and Expectations Public Health and Local Hazardous Waste Management Program Activities Provided by Suburban Cities A.Mission ■ The overall mission of Public Health—Seattle&King County is to provide public health services that promote health and prevent disease to King County residents,in order to achieve and sustain healthy people and healthy communities. • The Local Hazardous Waste Management Program(LHWMP)is a multi-agency program consisting of Public Health—Seattle&King County,King County Department of Natural Resources and Parks(King County Solid Waste Division and Water and Land Resources Division),Seattle Public Utilities and the Suburban Cities The LHWMP mission is to protect and enhance public health and environmental quality in King County by helping citizens, busmesse3i and government reduce the threat posed by the use,storage and disposal of hazardous materials B. Method • One of the key methods that Public Health—Seattle&King County uses to support its mission and extend the reach of public health program activities is to engage in contractual partnerships with suburban cities.This partnering activity increases access to needed and mandated health services,and enables suburban cities and the people they serve to benefit from service models that are based on sound public health principles and practices. Suburban cities,with the support of fiords provided through this contractual relationship,extend Public Health's activities to promote population health,according to goals and outcomes determined under state and national performance standards C. Expectations ■ City staff will perform the services funded through this contract in accordance with the goals, performance measures,and accountability methods outlined in the local Hazardous Waste Management Program-specific exhibits that accompany this contract. ■ Local Hazardous Waste Management Program staff from Public Health and/or other partner agencies are available to provide professional and technical assistance to City staff in order to support the development and maintenance of strong and effective Program services ■ Local Hazardous Waste Management Program and City staff will collaborate in developing and performing Program evaluation activities that will measure the effectiveness of Program efforts, including efforts to measure the impact of Program activities. Kent City Council Meeting Date February 3, 2004 Category Other Business 1. SUBJECT: S. 212TH PAVEMENT REHAB PROJECT FUND AUTHORIZATION AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: The Federal Highway Administration through the Washington State Department of Transportation—Highways and Local Programs has authorized $388,828 in construction funds for the restoration and rehabilitation funding for the S. 212`h St. Pavement Rehab project. Council authorization is required to accept the funds and amend the appropriate budget. 3. EXHIBITS: Public Works Director memorandum and funding agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund R20017 Amount $388,828 Unbudgeted Revenue: Fund R20017 Amount $388,828 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds authorizing the Mayor to accept the funding agreement with Washington State Department of Transportation in the amount of$388,828, authorizing staff to accept the funds, and establishing a budget for the funds. DISCUSSION: ACTION: Council Agenda Item No. 7B • PUBLIC WORKS DEPARTMENT Don E.Wickstrom, P.E. Public Works Director Phone.253-856-5500 Fax: 253-856-6500 KEN T Address: 220 Fourth Avenue S WASH INGTGN Kent,WA 98032-5895 DATE: January 26,2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director SUBJECT: S.212"St.Pavement Rehab Project STP(U) KEN-18 Fund Authorization MOTION: Recommend authorizing the Mayor to accept the funding agreement, authorize staff to accept the funds and establish a budget for the funds to be spent within said road improvement project SUMMARY: The Federal Highway Administration through the Washington State Department of Transportation—Highways and Local Programs has authorized$388,828 in construction funds for the restoration and rehabilitation funding for the S. 2126, St.Pavement Rehab project. BUDGET IMPACT- No Unbudgeted Fiscal/Personnel Impact BACKGROUND: The S. 212`h St Pavement Rehab Project is located along S. 2121h St. between the Green River Bridge and West Valley Highway. The attached agreement grants the City authority to proceed with the asphalt overlay project for S. 212`"St. Mayor White and Kent City Council 1 S 212`"St Pavement Rehab Project January 26,2004 Appendix 21.41 Prospectus Submittal Checkii♦ Local Agency City of Kent _Project Identification S 212th Pavement Rehabilitation Use this sheet as a cover sheet to the project prospectus package Place an"X"in the right column to denote items included If not applicable,state NIA Include it the cover letter a comment explammg the acUon taken on each item as appropriate Note later with an"L"if the information will be supplied at a future date Application: 1 Project Prospectus(Chapter 21 1) X 2 Vicinity Map X 3 Typical Roadway Section X 4 Typical Bridge Section NA 5 Local Agency Agreement(Chapter 22) X 6 TIP/STIP Inclusion(MPO/County/Agency, selected/limited to S) X Supporting Data: 7 Safety Checklist-A Supplement to the Project Prospectus for 2-R and 3-R Projects(Appendix 4171) X g Photos(Railroad Crossing,ER Event Sites,as required) NA 9 Deviation Request and Deviation Analysis Form to Justify Request(reference Appendix 41 72) NA 10 Environmental Considerations(Chapter 24) X a Class H Categorically Excluded(CE)-Environmental Classification Summary(ECS) *1 b Class III Environmental Assessment(EA) NA c Class I Environmental Impact Statement(EIS) NA d SEPA Checklist NA e NEPA/SEPA/Section 404 Interagency Working Agreement NA f Evolutionarily Significant Unit(ESU)Determination of Effect Concurrence *1 i 1 Hearing Notices(Chapter 43) NA a Transcript of Hearing NA 12 Location and Design Approval (Chapter 43) NA 13 Right-of-Way Requirements(Chapter 25) NA a Relocation Plan NA b Right-of-Way Plans NA c Right-of-Way Project Funding Estimate or True Cost Estimate NA d Request Right-of-Way Fund Authorization NA 14 Right-of-Way Certification(Chapter 25) NA 15 Agreements/Easements with Railroads,Utilities,and Other Agencies(Chapter 32) NA 16 FAA Notification(FAA Form 7460-1)(Chapter 24) NA 17 Tied Bids(Chapter 44) NA Remarks: *1 -The final Environmental Nacsificatton Summary with Nn Fffectc RA Letter hag been gih_m_itted and accepted i j A11111111L Local Agency Federal Aid Washington State VrF Department of Transportation Project Prospectus • Prefix Route Federal Aid Date 12/24/2003 Project Number Local Agency KEN-18 (Use Only) Tax ID Number Project Number 916001254 Agency Federal Program Title City of Kent N 20205 ❑ 20 209 0 timer Project Title Stan Latitude N 47d23'42" Start Longitude W 122dl6'53" S 212th Pavement Rehabilitation Project End Latitude N47d23'42" End Longitude W122dl6'55" Project Termini From To 300 feet east of Green River Bndge West Valley Highway From To Length of Protect Award Type N/A NIA 0 64 miles I ® Local ❑ Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number County Name WSOOT Region ® FHWA ❑ Otters 0615 17 King Northwest Congressional District Legislative Districts Urban Area Number TMA I MPO 1 RTPO 9 33 I 1 I PSRC Total Local Agency Fedeual Funds Phase Start phase Total Coat Funding Date Nearest Hundred Doha Nearest Hurxired Dollar Nearest Hundred Dollar Month Year P E $25,000 $25,000 $0 08/03 R/W $0 $0 $0 N/A Const $449,828 $61,000 $388,828 04/04 Total $474,828 $86,000 $388,828 Description of Existing Facility (Existing Design and Present Condition Roadway Width Number of Lanes Vanes-60 feet to 85 feet 5 S 212th Street is a Pruicipal Arterial connecting SR 167 with Orilha Road and Interstate 5 The segment of S 212th between the Green River Bridge and West Valley Highway(SR 181)is flat and consists primarily of 5 lanes,2 general purpose lanes in { each direction and a center two way turn lane The posted and design speeds of this road is 40 mph The upper layer of asphalt has experienced cracking and general distress is in need of repair Description of Proposed Work Roadway Width Number of Lanes ❑New Constructton ❑3•R ®2-R No Change No Change Thus project will remove and replace the upper two inches of the existing pavement to the curb lanes and will install a full-width asphalt concrete overalay of the exrstmg roadway from 300 feet east of the Green River Bridge to the West Valley highway(SR 181) No widening of the existing roadway will occur and no new impervious area will be created Local Agency Contact Person Title Phone Dennis Johnson Project Engineer 253-856-5519 Marling Address City State Zip Code 220 4th Avenue South Kent WA 98032 .y By Design Approval App Title "K�YA 1 b%k �tY rrj)ti ProfesswnelEngineer to 01 Q Date ( DOT Form 140-101 EF Page 1 of 3 ■Supersedes Previous Editions■ Revised 1Z2002 Agency Project Title Date City of Kent S 212th Pavement Rehabilitation Project 1 212 9/2 0 0 3 Geometric Design Data Description Through Route I Crossroad ®Principal Arterial ❑Principal Arterial Federal ®Urban ❑Minor Arterial Urban ❑Minor Arterial ❑Collector ❑Collector Functional ❑Major Collector ❑Major Collector Classification ❑Rural Minor Collector ❑Rural ❑Minor Collector [3 Amass Street/Road 11 Access Street/Road Terrain ®Flat ❑Roll [3 Mountain ❑Flat ❑Roll ❑Mountain Posted Speed 40 -- Design Speed 40 Existing ADT 25,700 Design Year ADT 29,500 Desi n Year 2010 Design Hourly Volume(DHV) 3,100 Accident-3 Year Experience Property IniurmyAccidents Fatal Accidents Year Damage Number of Number of Number of Number of Total Number of Accidents Accidents Accidents Injuries Accidents Fatalities 2000 15 11 15 0 0 26 2001 26 2 2 0 0 23 2002 11 2 2 0 0 13 Performance of Work • Preliminary Engineering Will Be Performed By Others Agency Agency % 100 Comtruc4on Will Be Performed By Contract Agency Contractor 100 % % Environmental Classification ®Final ❑Preliminary ❑ Class I-Environmental Impact Statement(EIS) ® Class II-Categorically Excluded(CE) ❑ Project Involves NEPA/SEPA Section 404 ❑ Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III-Environmental Assessment(EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations This project is simply an overlay of existing asphalt No new impervious area will be created as part of this project and no work will be conducted within 300 feet of the Green River DOT Form 140-101 EF Page 2 of 3 Revised 12r2002 Agency Prolect Title Date City of Kent S 212th Pavement Rebabihtabon Project 12/29/2003 Right of Way ®No Right of Way Required ❑Right of Way Required All construction required by the ❑No Relocation ❑Relocation Required contract can be accomplished within the existing right of way ; Description of polity Relocation or Adjustments and Existing Major Structures Involved in the Project No utility relocation or adjustments are required as part of this project No major structures are involved with this project FAA Involvement Is any airport located within 3 2 kilometers(2 miles)of the proposed project? Yes ® No Remarks • This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development Agency City of Kent Date By Maya/Chairperson DOT Form 140-io1 EF Page 3 of 3 Revised 12a002 w � „ � z '•r' 'Mtll Creek,—� ' l , � t art t P14neb ni paean k •RaO�o Tow/ all � r ,' ' / Sulltiatalgn ,. J � �� �-� _ w; ••- Rad'ar Sm JIF Mpg i VON M ■ 70 c'.l " ¢a PROJECT LIMITS s pE 01000 Park Mai 06 4 • p►a �t7V ., m r■�■ L. �8ubsts i i Latldlnp '"'�- ' ■ UNMOOR tea` r m � VICINITY MAP City of Kent South 212a' Street Pavement Rehabilitation Project Green River Bridge to West Valley Highway Scale: 1"=1/4 mile • av - F-WP1r PRIES �f0''ffl IIS, r 6 o EX ISortPJ(a ROkowAY i IL' t t 12! Exisp �c t�rkw�ck C ! rY of K EN T- S. 212T" PAVE117ENT REHAB T Y 'P I C A L ROA D W A Y Na SCALE 7 w A 7 6 4 7 O C Vl g N 3 ^N�' l°1 3 06 am 9 ."1 .d► .� M Oi e " 2. ° H COOEL I cl EL nN g s ~ c a a a ' 3 v 7C tCt' � a3 x � °' � �ex Z � � a � m Z � a m $ 1D u & o � o ° � � co $ s.m v a m mQ rC- m A � m '0 N 'O A o Z o o Z v 'n o (1 7 6 Ell co W C C N CO 5D m 7° 3 0 " �ma m " � o m 9 <k a v a ; `° c� 3 ° °' O 3 S a 0 3 r N y a=N W m4 rn I � 'o � T � a (D 8 o co Z !R a m a (A 3 mX co m o W and S S ° m N < CAO1 j D Air iaCL `3 m 7 m m$j M 'A n Q' Sic ° O 5 = m m2 O 4 3 m 25 25 a � O < �„ � °v k c3 ° m Fi I ° ' EL 21 co 0— CD n to W CDg' � y wm�_ Nn 7 0 O D � S D to a s =F m 3 ID N D 9 L m m m �� 3 7I M N � Safety Checklist - A Guideline Appendix 41.71 for 2-R and 3-R Projects project KEN-18 S 212th Street Pavement Rehabilitation Nwnber Title City of Kent 'Agency The proposed project should be given a roadside hazard inventory to determine if the following elements exist within the project termini and if the scope of the project includes construction, elimination, modification,or protection of these elements Drainage Structures Existing NIA Proposed N(A, Project includes mitering end sections D Yes Cl No Comments There is one existing box culvert crossing the roadway within the protect limits This _ culvert is protected by a guardrail Guardrail(Reviewed for Adequacy) Comments There is one 125 foot segment of guardrail on each side of the roadway at the culvert crossing This guardrail is adequate Signs,Signals,and Illumination Supports Existing None Proposed None Breakaway bases proposed yes ,=7 No Comments No signals are existing or proposed within the proiect[units The overlay is stopping short of the West Valley Highway signal The existing luminaires are breakaway Bridge Piers/Abutments Prottectnon Existing NIA Protection Proposed- N/A Comments Clear Zone(Reviewed for Adequacy) Roadside Obstacles O K Trees O K Utility Poles O K Ditch Cross-Sections O K Protection Proposed No additional clear zone protection is proposed Comments Horizontal Alignment(Reviewed for Adequacy) Comments There is no change in the horizontal alignment The existing horizontal alignment is • adequate Vertical Alignment(Reviewed for Adequacy) Comments There is no change in the vertical alignment The existing vertical alignment is adequate Roadway Widths(Reviewed for Adequacy) Comments There is no proposed change in the roadway width The existing width is adequate Sight Distance(Reviewed for Adequacy) Comments There are no known sight distance problems and no proposed modifications Pavement Structure(Reviewed for Adequacy) Comments This protect is reconstructing the pavement surface The substructure has been determined to be adequate Traffic Control Devices Warranted N/A Unwarranted N/A Comments This protect includes new channelization which will be installed in accordance with the MUTCD Side Slopes(Reviewed for Adequacy) . Comments The sideslopes are adequate or are adequately protected • C CWashington State Local Agency Agreement / Department of Transportation Agency City of Kent CFDA No. 20.205 ® (Catalog of Federal Domestic Assistance) Address 220 4th Avenue South Project No. Kent WA 98032 _ Agreement No For osC W5DOT use only The Local Agency having complied,or hereby agreeing to cornply,with the terms and conditions set forth to(1)Title 23,U S Code Fbghways,(2)the regulations issued pursuant thereto,(3)Office of Management and Budget Circulars A-102,A-87 and A-133,(4)the policies and procedures promulgated by the Washington State Department of Transportation,and(5)the federal aid protect agreement entered into between the State and Federal Government,relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification Federal funds which are to be obligated for the project may not exceed the amount shown herem on line r,column 3,without written authority by the State,subject to the approval of the Federal FLghway Administration All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency Project Description Name S 212th Pavement Rehabilitation Project Length 0 64 miles Termini Green River Bodge to West Valley Highway Description of Work This project involves the removal and replacement of the upper two inches of the existing pavement m the club lanes and the installation of a full-width asphalt concrete overalay of five lanes along a 0 64 mile section of South 212th Street from 300 feet east of the Green River Bodge to the West Valley Highway(SR 181) Estimate of Funding Type of Work Estimated Total Estimated l Agency Estimated Protect Funds Funds Federal Funds PE a Agency 25,000 00 25,000 00 000 - ova b Other consultant c Other non-partictpatiag Fedis2l Aid d State Participation Ratio for PE a Total PE Cost Estimate a+b+c+d 25,000.00 25,000.00 Right of Way f Agency 0001 000 000 % _g Other --- h Other Federal Aid t State Participation Ratto for RW I Total R/W Cost Estimate f+ +h+t Construction k Contract 422,828 00 57,355 00, 365,473 00 1 Other m Other n Other % o Agency 25,000 00 3,37500 21,625 00 Federal Aid Participation p State 2,00000 27000 1,73000 Ratio for CN Total CN Cost Estimate k+l+m+n+o+ 449,828 00 61,000.00 3M828.00 r Total Project frost Estimate e++ ) 474 828.00 86,000.001 388 28.00 Agency Official Washington State Department of Transportation By A ey Title Director of Pohlic Worla Assistant Secretary for Highways and Local Programs • — _ Date Executed DOT Form I40-039 EF t Revised 10/D2 Construction Method of Financing (Check WMadSeledred) State Ad and Award ❑Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑ Method B-Withhold from gas tax the Agency's share of total construction cost{line 4,column 2)in the amount of $ at$ __ per month for months Local Force or Local Ad and Award ®Method C-Agency cost incurred with partial reimbursement The Local Agency feather stipulates that pursuant to said Title 23,regulations and policies and procedures,and as a condition to payment of the federal funds obligated,it accepts and will comply with the applicable provisions set forth below Adopted by official action on Resoluhon/Ordinance No Provisions I Scope of Work 1 Preliminary engineering The Agency shall provide all the work,labor,materials,and services necessary 2 Right of way acquisition to perform the project which is described and set forth in detail in the"Project 3 project construction Descnphon"and"Type of Work" When the State acts for and on behalf of the Agency,the State shall be deemed w►;ich i clumt that rightin a way s undertaketion,n i usual construction to dice road,for an agent of the ens and shall perform the services described and indicated in �'g the is undertaken is not darted by the closing a the tenth gee Agency p fiscal year following the fiscal year m which the agreement a executed,the Agency 'Type of Work"on the face of this Agreement,in accordance with plans and will repay to the State the sum or sums of federal funds paid to the Agency under the specifications as proposed by the Agency and approved by the State and the tears of this agreement(see Section IX) Federal Highway Administration When the State acts for the Agency but is not subject to the right of control by The Agency agrees that all stages of construction necessary to provide the least the the Agency,the State shall have the right to perform the work subject to the planned complete et by facility prove the limits widof site project will conform t at least the ordinary procedures of the State and Federal Highway Admimshation minimum values set by approved statewide design standards ithoutapplic edble to fats class of highways,even though such additional work is financed without federal aid 11 Delegation of Authority participation l The State is willing to fulfill the responsibilities to the Federal Government by The Agency agrees that on federal aid highway construction projects,the current the administration of this project The Agency agrees that the State shall have the federal aid regulations which apply to liquidated damages relative to the basis of full authority to carry out this administration The State shall review,process,and federal participation in the project cost shall be applicable in the event the contra approve documents required for federal aid reimbursement in accordance with fails to complete the contract within the contract him federal requirements if the State advertises and awards the contract,the State VI Payment and Partial Reimbursement will further act for the Agency in all matters concerning the project as requested by the Agency If the Local Agency advertises and awards the project,the State The total cost of the project,including all review and engineering costs and shall review the work to ensure confomuty with the approved plans and other expenses of the State,is to be paid by the Agency and by the Federal specifications Government Federal funding shall be in accordance with the Transportation Equity Act for the 21 st Century(TEA 21),as amended,and Office of III Project Administration Management and Budget circulars A-o 02,A-97 and A-133 The Stale shall not Certain types of work and services shall be provided by the State on this be ultimately,responsible for any of the costs of the project The Agency shall be project as requested by the Agency and described in the Type of Work above In ulunntely responsible for all costs associated with the project which are not addition,the State will furmsh qualified personnel for the supervision arid reimbursed by the Federal Government Nothing in this agreement shall be inspection of the work m progress On local Agency advertised and awarded construed as a promise by the State as to the amount or nature of federal projects,the supervision and inspection shall be hinted to ensuring all work ra in participation in this project conformance with approved plans,specifications,and federal and requirements The Agency shall bill the state for federal ad project costs incurred in conformity The salary of such engineer or other supervisor and all other salaries and costs with applicable federal and state laws The agency shall mrmnitze the time elapsed incurred by State fortes upon the project wnil be considered a cost thereof All between receipt of federal aid funds and subsequent payment of incurred costs costs related to this project incurred by employees of the Stale in the customary ExpendLLrmes by the Local Agency for maintenance,general administration, manner on highway payrolls and vouchers shall be charged as costs of the supervision,and other overhead shall not be ehgrble for federal participation unless project an indirect cost plan has been approved by WSDOT IV Availability of Records The State will pay for State incurred costs on the project Following All project records in support of all costs incurred and actual expenditures payment,the State shall bill the Federal Government for reimbursement of kept by the Agency are to be maintained in accordance with local government thou costs eligible for federal participation to the extent that such costs are accounting procedures prescribed by the Washington State Auditor's Office, attributable and properly allocable to this project The State shall bill the the U S Deparment of Transportation,and the Washington State Department Agency for that portion of State costs which were not reimbursed by the of Transportation The records shall be open to inspection by the State and Federal Government(see Section IX) Federal Government at all reasonable times and shall be retained and made I project Construction Costs available for such inspection for a period of not less than three years from the final payment of any federal aid finds to the Agency Copies of said records Project construction financing will be accomplished by one of the three shall be furnished to the State and/or Federal Government upon request methods as indicated in this agreement V Compliance wrth Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the Stare for • each classification The classifications of work for projects am DOT Form 140-Mg EF 2 Revised 10/02 Method A—The Agency will place with the State,within(20)days aver the X Trafflc Control,Signing,Marking,and Roadway execution of the construction contract,an advance in the amount of the Maintenance Agency's share of the total construction cost based on the contract award The State will notify the Agency of the exact amount to be deposited with the State The Agency will not permit any changes to be made in the provisions for parking • The State Will pay all costs incurred under the contract upon presentation of regulations and traffic control on this project without prior approval of the State and progress billings from the contractor Following such payments,the State will Federal Highway Admtnistralum The Agency will not install or permit to be submit a billing to the Federal Government for the federal aid participation installed any signs,signals,or markings not in conformance with the standards share of the cost When the project is substantially completed and final actual approved by the Federal Flighway Administration and MUTCD The Agency will, costs of the project can be determined,the Stale will present the Agency with a at its own expense,maintain the improvement covered by this agreement final billing showing the amount due the State or the amount due the Agency This billing will be cleared by either a payment from the Agency to the State or w Indemnity by a refund from the State to the Agency The Agency shall hold the Federal Government and the State harndess from and Method B— The Agency's share of the total construction cost as shown on shall process and defend at its own expense all claims,demands,or suits,whether at the face of this agreement shall be withheld from its monthly fuel tax law or equity brought against the Agency,State,or Federal Government,ansuhg 31)OW evts The face of this agreement establishes the months in which the from the Agency's"coution,performance,or failure to perform any of the withholding shall take place and the exact amount to be withheld each month Provisions of this agreement,or of any other agreement or contract connected with The extent of withholding will be confirmed by letter from the State at the hie this agreement,or ansmg by reason of the participation of the State or Federal of contract award Upon tempt of progress billings from the contractor,the Government in the project,PROVIDED,nothing herein shall require the Agency to State will submit such billings to the Federal Government for reimburse The State or the Federal Government for damages ansmg out of bodily Payment of its injury to persons or damage m participating portion of such billings Pas 8 property caused by or resulting from the sole negligence of the Federal Government or the State Method C—The Agency may submit vouchers to the State in the format No habi lity shall attach o the State or Federal Government except as expressly prescribed by the State,in duplicate,not more than once per month for those provided herein costs eligible for Federal participation to the extent that such costs am directly XII Nondiscrimination Provision attributable and properly allocable to this project Expenditures by the Local The Agency shall not discriminate on the basis of race,color,national origin,or Agency for maintenance,general administration,supervision,and other sex in the award and performance of any USDOT-assisted contract and/or overhead shall not be eligible for Federal participation unless clamed under a Previously approved indirect or in the administration of its DBE program or the requirements of 49 indirect cost plan CFR Part 26 The Agency dull take all necessary and reasonable steps under 49 The State shall reimburse the Agency for the Federal share of eligible project CFR Part 26 to ensure nondiscnmmanon in the award and admmistratlon of costs up to the amount shown on the face of this agreement At the time of USDOT-assisted contracts and agreements The WSDOT's DBE program as i audit,the Agency will provide documentation of all costs Incurred on the required by 49 CFR Part 26 and as approved by USDOT,is incorporated by project reference in this agreement Implementation of this program is a legal obligation The State shall bill the A and failure to carry out its semis shall be treated as a violation of dos agreement the Batty for all costs incurred by the State relative toUpon notification to the Agency of its failure to Carry out is approved program,the project The State shall also bill the Agency for the federal funds paid by Department may impose sanctions as vied the State o the Agency for project costs which are subsequently determined o pro d for under Pan 26 and may,in be Ineligible for federal participation(see Section LX) appropriate cases,refer the matter for 1986 31 U under I8 U S C t 001 and/ the Program Fraud Civil Remedies Act of 1986(J l U S C J801 et seq) VII Audit of Federal Consultant Contracts • 7be Agency,If services of a consultant are required,shall be responsible for The Agency hereby agrees that it will incorporate or cause to be incorporated into audit of the consultant's records to determine eligible federal tad costs on the any contract for construction work,or modification thereof,as defined in the rules project The report of said audit shall be in the Agency's files and made and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for In avalable o the State and the Federal Government whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant toa grant,contact,loan,Insurance, An audit shall be conducted by the WSDOT Internal Audit Office in standards as or guarantee or understanding pursuant to any federal program Involving such grant, accordance with generally accepted govenmhental audits issued by the Ulu led States General Accounting Office by the C contract,loan,Insurance,or guarantee,the required contract provisions for General of the United Stites,WSDOT Manual M 27-50,Cvnsultanttrolla Federal-Aid Contracts(FHWA 1173),located in Chapter 44 of the Local Agency ' Authorization,Selection,and Aenionainda Guidelines understanding between WSDOT Agreement and Office of Management Agency further 8 Y agrees that it will be boundy the above by equal opportunity FPOrtumtY and Budget Circular A-]33 clause with respect to its own employment practices when it participates in If upon audit it is found that overpaymentfederally assisted construction work Provided,that if the applicant 50 money in ineligible iterru of cost haoccu occurred,the Agency shall reunburse is not applicable o any agcipating is a State or ency instrumentality,orr subdivision o above equal f such Ity clause the State for the amount of such overpayment or excess participation(see gavemrttait which does not Section DC) participate in work on or under the contract Vlll Single Audlt Ad The Agency also agrees The Agency,as a subreciptent of federal funds,shall adhere to the federal (1) To assist and coo Office of Management and Budget(OMB)Circular A-133 as well as all Peak actively with the State m obtaining the rules, compliance of applicable federal and state statutes and regulations A subrecipient who contractors of the Sectors wItb the cretary ry of Labor clause and nrles, expends 5300,000 or more in federal awards from all sauces during a given rotary of Labor fiscal year shall have a single or program specific audit performed for that (2) To furnish the Stale such infommtion as It may require for the supervision of year in accordance Wrath the provstons of OMB Citeular A-133 Upon such compliance and that It will otherwise assist the State in the discharge of itsconclusion of the A-133 audit,the Agency shall be responsible for ensuring primary responsibility for securing compliance that a copy of the report is transmitted promptly to the State (3) To refrain from entering into any contract or contract modifies on subject o IX Payment Of Billing Executive Order 11246 of September 24,1%5,with a contractor debarred from or The Agency agreesthat irpayment or a ement fora who has not demonstrated eligibility for,government contracts and federally the State's billing relative to the rg,S P y>Knt of any of assisted construction contracts pursuant o the Executive Order cancellation ov projecte for e B,State force work,project made to the StaTethyrt 45 days the Agency pamcipation,etc)is not (4) To carry out such sanctions and penalties for violation of the equal Y gency has been billed,the State opportunity clause as may be imposed upon contractors and subcontractors by the tart l effect r s umcmcnt of the total sum due from the regular monthly fuel State,Federal Highway Admistration,or the Secretary of labor pursuant to Pan Federal project fundingthe will be approved until full payment is received unless 11111101 the Motor Vehicle Fund Noadditional Ili subpart D of Ilse Executive Order otherwise directed the Assistant Secretary for Highways and Local Programs DOT Form 140-039 EF Revised 10s02 3 In addition,the Agency agues that if it falls or refuses to comply with then XV Venue for Claims and/or Causes of Action underakmgs,the State may take any or all of the fonoamg actions For the convenience of the parties to this contract,it is agreed that any clauses (a) Cancel,terminate,or suspend this agreement in whole or in part, and/or causes of action which the Laical Agency has against the State of isWashington,growing out of this contract or the protect with winch it is (b) Refrain from extending any further assistance to the Agency under the concerned,shall be brought only in the Superior Court for Thurston County program with respect to which the failure or refusal occulted until satisfactory assurance of future cornplance has been received from the Agency,and XVI Certification Regarding the Restrictions of the Use (c) Refer the case in the Department of Justice for appropriate legal proceedings of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief, All Liquidated Damages that The Agency hereby agrees that the ligidated damages provisions of 23 CFR (1) No federal appropriated funds have been paid or wil I be paid,by or on behalf Part 635,Subpart 127,as suppkmented,relative to the amount of Federal officeof the undersigned,to any person for influencing zor attempting ss influence an participation in the project cost,shall be applicable in the event the contractor employee eeor employee of airy federal agency,a member of Congress an officerti or falls to complete the contract within the contract time Fadurs to include employee of Congress,er an employee of a member of Congress in connection with liquidated damages provision will not relieve the Agency from reduction of anythe awarding of any federal contract the cooper of any federal ant,the making of federal participation m accordance with this paragraph con in a i loan,the entering into, any cooperative any fed ir,and the extension, continuation,renewal,amendment,or modification of any federal contract,grant, XIV Termination for Public Convenience loan,orcooperauve agreement The Secretary of the Washington State Department of Transportation may (2) If any funds other than federal appropriated funds have been paid or will be terminate the contract in whole,or from time to time in part,whenever paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress, (1) The requisite federal funding becomes unavailable through failure of or an employee of a member of Congress in connection with this federal contract, appropriation or otherwise grant,loan,or cooperative agreement,the undersigned shall complete and submit (2) The contractor is prevented from proceeding with the work as a direct %c Standard Form-""Disclosure Form to Report Lobbying,"in accordance result of an Executive Order of the President with respect to the prosecution of with its instructions war or in the interest of rational defense,or an Executive Order of the (3) The undersigned shall require that the language of this certification be President or Governor of the State with respect to the preservation of energy included in the award documents for all subawards at all den(including subgrans, resources and contracts and subcontracts under grans,subgrants,loans,and cooperative (3) The contractor is prevented from proceeding with the work by reason of agrc runs)which exceed$100,000,and that all such subrecipiens shall certify a preliminary,special,or permanent restraining order of a court of competent and disclose accordingly Jurisdiction where the issuance of such order is primarily caused by the acts or This cerufleadon is a material representation of fact upon which nlunice was omissions of persons or agencies other than the contractor placed when this transaction was made er entered into Submission or this certification as a prerequisite for making or entering into this transaction imposed (4) Ttie Secretary by Section 135Z Title 3I,U S Code Any person who fails to file the required tary determines slut such tetrmnamon s in the best interests of certification shall be subject to a civil penalty of not less than S10,000 and of more the State than$100,000 for each such failure Additional Provisions DOT Form 140-M EF 4 Revised 10102 Kent City Council Meeting Date February 3, 2004 Category Other Business 1. SUBJECT: UPPER MERIDIAN VALLEY CREEK IMPROVEMENTS PROJECT UTILITY RELOCATION AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: City staff have requested a Utility Relocation Agreement between the City and Soos Creek Water and Sewer District to relocate Soos Creek Water and Sewer District's facilities along 132na Avenue S.E. for the Upper Meridian Valley Creek Improvements Project between S.E. 240' Street and S.E. 236' Place. Once the Agreement is signed, staff further requests to accept the funds and establish or amend the appropriate budget. 3. EXHIBITS: Public Works Director Memorandum and utility relocation agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No_ X If no: Unbudgeted Expense: Fund D20027 Amount$34,522 Unbudgeted Revenue: Fund D20027 Amount $34,522 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds authorizing the Mayor to sign the Utility Relocation Agreement with Soos Creek Water and Sewer District upon concurrence of the language therein by the City Attorney and the Public Works Director, and once that agreement is signed, authorizing staff to accept the funds and establish a budget for the funds to be spent within the Soos Creek Drainage Improvement Project. DISCUSSION: • ACTION: Council Agenda Item No. 7C PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone 253-856-5500 Fax. 253-856-6500 K E N T W A S H I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: January 9, 2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom,Public Works Director THROUGH: SUBJECT: Utility Relocation Agreement Regarding Upper Meridian Valley Creek Improvements Project MOTION: Recommend authorizing the Mayor to sign the Utility Relocation Agreement with Soos Creek Water and Sewer District upon concurrence of the language therein by the City Attorney and the Public Works Director SUMMARY: Utility Relocation Agreement between the City of Kent and Soos Creek Water and Sewer District to relocate Soos Creek Water and Sewer District's facilities along 132°d Avenue S.E. for the Upper Meridian Valley Creek Improvements Project between S E. 2401h Street and S.E 236`h Place BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND As part of the Upper Meridian Valley Creek Improvements Project,a box culvert and a pipe arch culvert will be installed along 132"d Avenue S.E. The existing underground water main and sanitary sewer facilities need to be relocated to a lower depth to provide clearance for the box culvert and the pipe arch culvert. The Agreement allows the City to relocate all of Soos Creek Water and Sewer District's facilities at the two culvert locations to ease the construction process. In return, Soos Creek Water and Sewer District agrees to pay the City an estimated cost of $34,521.62 Mayor White and Kent City Council Utility Relocation Agreement/Upper Meridian Valley Creek Imp January 26,2004 1 u AGREEMENT REGARDING THE UPPER MERIDIAN VALLEY CREEK IMPROVEMENTS PROJECT BETWEEN THE CITY OF KENT AND SODS CREEK WATER AND SEWER DISTRICT THIS AGREEMENT is entered Into between the City of Kent, a Washington Municipal Corporation, located and doing business at 220 Fourth Avenue South, Kent, Washington 98032 (hereinafter called "CITY") and Soos Creek Water and Sewer District, located and doing business at 14616 SE 192"" St Renton,Washington 98058 (hereinafter called "DISTRICT') RECITALS WHEREAS, the CITY is in process of designing a culvert improvement protect, commonly known as Upper Meridian Valley Creek Improvements, which commences generally 600 feet north of SE 2401" Street at 132n0 Ave SE and runs generally south terminating at 400 feet north of SE 240a' Street in Kent, and WHEREAS, the DISTRICT has a Franchise with the CITY to provide water and sewer service for the vicinity of the project, and WHEREAS, the DISTRICTS water and sewer facilities are required to be relocated in order to accommodate the storm drainage system for the new culvert project, and WHEREAS the DISTRICT is financially responsible for all costs associated with this relocation work and is obligated to reimburse the CITY for such work, and WHEREAS the DISTRICT in conformance with its franchise agreement with the CITY is required to relocate their facilities, and WHEREAS in order to meet the CITY's schedule for the culvert improvement project the DISTRICT would be obligated to perform this work, and WHEREAS the CITY and the DISTRICT desire to work together for the mutual and overall benefit of the culvert improvement project and the water and sewer facility relocation work Page I of 10 11/26/03 NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, or attached and incorporated and made part hereof, IT IS MUTUALLY AGREED AS FOLLOWS AGREEMENT Section 1. General The CITY, as agent acting for and on behalf of the DISTICT, agrees to perform the work in constructing the Improvements for the DISTRICT, in accordance with and as described in the Scope of Work marked Exhibit A, Plans marked Exhibit B and Cost of Work marked Exhibit C attached hereto, which by this reference are made part of this AGREEMENT Section 2. Construction Plans Plans, Specifications and cost estimates have been prepared by the CITY generally in accordance with the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction, DISTRICT Standard Specifications as applicable and adopted design standards The DISTRICT hereby approves the Scope of Work and Plans for the described construction as shown on Exhibits A and B Section 3. Construction The CITY is hereby designated the DISTRICT's construction agent for the project The CITY will incorporate said Plans and Specifications into the CITY's Project and thereafter advertise the resulting project for competitive bid Once the contract is awarded, the CITY will administer the contract. As construction agent, the CITY will perform all engineering, survey and field inspections and shall make all payments to the Contractor The CITY will keep the DISTRICT advised as to the progress of said project The CITY, as construction agent, shall have final judgement, after consulting with the DISTRICT, with regards to decisions related to the work of the Contractor Section 4. Authority to Construct The DISTRICT hereby authorizes the CITY to proceed with construction in accordance with Exhibits A & B for the purpose intended by this • AGREEMENT, and as further described in Section 7 Page 2 of 10 11/26/03 Section 5. Inspection by District The DISTRICT shall furnish an inspector on the protect Any costs for such inspection will be borne solely by the DISTRICT All contact between said inspector and the CITY's contractor shall be through the CITY's representatives Section 6. P avment An itemized cost for work to be performed by the CITY for the DISTRICT marked Exhibit C is attached hereto and, by this reference, is made part of this ! AGREEMENT. The DISTRICT, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct cost of all work specified in the Cost of Work that is the financial responsibility of the DISTRICT and shall take all necessary action to pledge, budget and allocate the same Payment shall be made by the DISTRICT to the C ITY within 30 days, u pon the request of the C ITY, to cover actual direct costs incurred by the CITY Costs shall include the DISTRICT's portion of the Contractor's construction costs, construction inspection and the CITY's administration cost Payments delayed beyond 30 days shall include interest payments of 1 percent per month Section 7. Extra Work In the event of unforeseen causes which require an increase in the DISTRICT's cost obligation of 25 percent or more from that included in the Cost of Work, this AGREEMENT will be modified by supplement agreement covering said increase. In the event it is determined that any "substantial change" from the description of the work contained in the AGREEMENT is required, written approval must be secured from the DISTRICT before i the beginning of such work "Substantial change" is defined as any changes requiring an I increase in the DISTRICT's financial obligation (per Cost of Work ) of greater than 25 percent The C ITY shall provide prior written notice for all changes to the D ISTRICT's portion of the work regardless of the financial obligation Page 3 of 10 11/26/03 I i I Section 8 Emergency Repairs Prior to CITY acceptance of Contractor work, if there is a need for emergency repair and the CITY's contractor is unable to perform such repair in a timely manner, the DISTRICT shall have permission to enter upon the CITY's right-of-way and complete said emergency repair Emergency repairs are defined as work performed by CITY or DISTRICT forces to stabilize, remove Immediate hazards or dangers by cutting and capping water mains or sewer mains, and restoring immediate utility services to customers In the area Upon completion of any emergency repairs by the CITY or the DISTRICT, the CITY and the DISTRICT shall cooperatively determine each parry's financial responsibility Section 9 Final Acceptance The CITY shall conduct a field review of each constructed facility with representatives of the DISTRICT and shall further require all punchlist items to be correct i to the satisfaction of the DISTRICT and the CITY before final acceptance by the CITY The DISTRICT agrees, upon satisfactory completion of the work involved as determined by the DISTRICT, to deliver a letter of acceptance approving the CITY's design, management and construction of the project Acceptance shall not constitute acceptance of any unauthorized or defective work or materials, nor be a waiver of any manufacturer's, supplier's or contractors' warrantees Final acceptance of the project shall be by the CITY after inspection by all agencies involved Section 10. Delivery of Completed Lines The CITY agrees, within 30 days from the date of completion and final acceptance by the DISTRICT and the CITY of the Improvements, to transfer ownership of Improvements to the DISTRICT by the appropriate documents The CITY will forward to the DISTRICT any guarantee or warranty furnished as a normal trade practice In connection with the purchase of any equipment, materials, or Items used in the construction of I the project The CITY shall submit as-built drawings In Autocad electronic format to the Page 4 of 10 11/26/03 DISTRICT upon completion of the protect for DISTRICT review and approval Upon delivery by • the CITY to the DISTRICT and DISTRICT approval as described in this section, the DISTRICT shall issue a release and waiver of all claims or demands of any nature, past or present whether known or unknown, that result from the CITY's performance of the work contemplated in this AGREEMENT This release and waiver must be in a form acceptable to the Kent City Attorney The CITY's Contractor shall warrant the workmanship and matenals utilized in the Improvements to be free of defects for a period of two(2) years from the date of transfer Section 11. Legal Relations The CITY and the DISTRICT agree to defend, save, keep, and hold harmless the other, its officers, agents, employees, and volunteers from any and all damages, costs or expenses in law or equity that may any time anse or be set up because of damages to property or personal injury received by reason of, or in the course of, or which may be occasioned any willful or negligent act or omission of the municipal entity arising out of the activities which are the subject of this AGREEMENT The construction specification shall include the usual indemnification clause to protect the CITY and the DISTRICT Section 12. Resolution of Disputes and Governing Law This AGREEMENT shall be governed 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 f fling suit a xclusively u rider t he venue, rules a nd j unsdiction o f t he K ing C ounty S upenor Court located in Kent, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this AGREEMENT, each party shall pay all of its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law • Page 5 of 10 11/26/03 Section 13. Written Notice All communications regarding this AGREEMENT shall be sent to the panties at the addresses listed on the signature page of this AGREEMENT, unless notified to the contrary Any wntten notice hereunder shall become effective upon the date of mailing by registered or certified mad, and shall be deemed sufficiently given If sent to the I addressee at the address stated in this AGREEMENT or such other address as may be I hereafter specified in writing Section 14. Assionment Any assignment of this AGREEMENT by either party without the written consent of the non-assigning party shall be void Section 15. Modification No waiver, alteration, or modification of any of the provisions for the AGREEMENT shall be binding unless in writing and signed by a duly authorized representative of the CITY and the DISTRICT Section 16. Entire Agreement T he written provisions a nd t erms of this AGREEMENT, together with any attached Exhibits, shall supercede all prior verbal statements of any officer or other representative of either party, 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 This document, including all Exhibits, is the entire agreement between the parties Should any language in any of the Exhibits to the AGREEMENT conflict with any language contained in this AGREEMENT, the terms of this AGREEMENT shall prevail Section 17. Effectivity This AGREEMENT shall be effective as to all parties on the last date signed below (SIGNATURES ON THE FOLLOWING PAGE) • Page 6 of 10 11/26/03 IN WITNESS WHEREOF,this AGREEMENT and Conveyance is executed by the Parties by • their authorized officers indicated below CITY OF KENT SODS CREEK WATER& SEWER DISTRICT 220 Fourth Ave S P O Box 58039 Kent, WA 98032-5895 enton 98058-1039 BY B �4 Yt— ITS ITS DATE DATE ATTEST: ATTEST: CITY CLERK, CITY OF KENT APPROVED AS TO FORM APPROVED AS KENT CITY ATTORNEY SODS CR EK ATTORNEY • Page 7 of 10 11/26/03 • EXHIBIT A SCOPE OF WORK This portion of the protect consists of relocating existing ductile iron pipe (DIP) water main into casing pipe along portions of 132nd Avenue S.E 400 feet and 660 feet north of S E 240'h Street. Also, an existing concrete sanitary sewer vall be replaced and installed in a casing pipe along a portion of 132"d Avenue S E 660 feet north of S E 24& Street • The work includes approximately 95 lineal feet of 8-inch diameter DIP water main, steel casing pipe, gate valves, reinstallation of existing services, reconnection to existing system, asphalt patching and other related appurtenances Also included is approximately 62 lineal feet of 8" diameter DIP sewer main, steel casing pipe, reconnection to existing system, asphalt patching and other related appurtenances • Page 8 of 10 11/26/03 • EXHIBIT B PLANS Page 9 of 10 11/26/03 1 I ' IliaAI a� V ut s _ '-- �y Eq- s 2 i _ fi � i__Y x<-� 1✓,,5 IL = 5 —+_ 1 -0 '---- .get,' JPp Q w > W 0 a0 w � o: cn O 3 9 � Q_ Cl W W ►� EL of R - ! � CLo y "# D F §$R Mtl1L¢LlmibzA 9Nd'W fi[SIUJ9>11�RK giYUWWTIQ]g91q�'ItyMS � f p -A R 6 fi b J u a 5€ 6� z b �� � • 4� �g� .� � Z � 3 � K� � f � �CS S� � r� 0 Li r3CF z I 2 JAI 11'Wit, � 5 �� ` I a t • "� y U N tt y ' Z4 �2 x�a o •OW E ' € u •> I�� R ra&$ P �€ .EVS1 sr"AH11a1€r «g��aa�ffi�da��sa� EG9M913 .lea a I 5�s5�o.Ks . a €5 � Y4 s �, ::YY I sffisa$s • HT x hd rxs u I1I g I a ' I Hill dMil 1 112 � t I u $ > g I •4YY Y ���7 � 44 3 '1`<iiZBmxffiL`t�ffi�8�8:�� umuE Ems' `u6uuCu��E���S�Z�L �S�kea€�gf514E��eAO � 4 ' I wv w»[[waxrotn 5.e imleTN W1•mne.ay[m io��ma�� S € fifigb . allx to � € 4 _- 000 0 0 0 00 00 0000 000 -- VO a aA r • I I r - K-a i p99Id `\£\\ I n •, I `- I vF w reun wonwn swma.mrrou.ma�walsla Imoe9a�� }yg � ts � � € �e g a� �� 'e s r. s I�eeccr• -"'�" � y ^ao gxa >pss g o s -_4 : �_ nab ' a o w LJl_lO ®LJLJ 0 lJV ® 0 = - w i log Rig dyI ....i..._..............a...___.i.......... a � 3 ill I 1:�Ip q n a .. .. .................t-.......-i..... .. ••_•__ oil Ill HIM 41 � I uum�J.aavyym wnmuy __ "'_-"'--"'_—•-AG.—.. — —.%—._—..-_..._ o z e ---- ------ ---'Z--- rr � � g All 1 t I',i it13 ... ,. ,. .j.,,....� % da t _,gs .Rn. 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N W �' u3 1 N Jj W W td �6 0 M�Q\DAP d txg col. tx I I DWI sr es Ooo ' E � Y � Q NVN fCllsro2bU[a"V'a 91MI�laWVIK Io4MN 9 • EXHIBIT C COST OF WORK WATER AND SEWER RELOCATION ON 132ND AVENUE SE Bid Item Qty Unit Unit Cost Total Mobilization 1 L.S. $2,000 00 $2,000.00 8 Inch Diameter D.I. CL 52 Water Main 95 L.F. $80.00 $7,600.00 14 Inch O.D., 0.25" thick steel casing 70 L.F. $25.00 $1,750.00 8 Inch Gate Valve 4 EA $750.00 $3,000.00 Pipe Zone Bedding 45 T $20.00 $900 00 Bank Run Gravel 55 T $8.50 $467.50 Traffic Control Labor 1 L.S. $2,800.00 $2,800.00 8 Inch Diameter D.I. CL 50 Sewer Main 62 L.F. $80.00 $4,960.00 14 Inch O.D., 0.25" Thick Steel Casing 43 L.F. $25 00 $1,075.00 Pipe Zone Bedding 40 T $20.00 $800.00 Bank Run Gravel 100 T $8.50 $850.00 [S—horing or Extra Ex. Class B 600 S F. $1.00 $600 00 Subtotal $26,802.50 Sales Tax 8.8% $2,358.62 Contingency 20% $5,360.50 Total $34,521.62 Page 10 of 10 11/26/03 Kent City Council Meeting Date February 3, 2004 Category Other Business 1. SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES PROJECT FUND AUTHORIZATION AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: The Federal Highway Administration through the Washington State Department of Transportation—Highways and Local Programs has authorized the right-of-way funding for three separate phases of the Pacific Highway South SR-99 HOV Lanes project. • Kent-Des Moines to South 2400' • South 240`s to South 252nd • South 252nd to 272nd 3. EXHIBITS: Public Works Director memorandum and fund authorization agreement 4. RECOMMENDED BY: Public Works Committee Committee, Staff, Examiner, Commission, etc. • 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund R90611 Amount $215,226 Unbudgeted Expense: Fund R90612 Amount $313,563 Unbudgeted Expense: Fund R90314 Amount $640,000 Unbudgeted Revenue: Fund R90611 Amount $215,226 Unbudgeted Revenue: Fund R90612 Amount$313,563 Unbudgeted Revenue: Fund R90614 Amount $640,000 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds authorizing the Mayor to accept the funding agreements with Washington State Department of Transportation for the total amount of$1,168,789, authorizing staff to accept the funds, and establishing a budget for the funds. DISCUSSION: ACTION: Council Agenda Item No. 7D PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone 253-856-5500 Fax 253-856-6500 K E N T Address* 220 Fourth Avenue S WA S"IN GTON Kent,WA 96032-5895 DATE: January 26,2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director SUBJECT: Pacific Highway South HOV Lanes Project STPUL-0099(045)Fund Authorization MOTION: Recommend authorizing the Mayor to accept the funding agreements, authorize staff to accept the funds and establish a budget for the funds to be spent within said road unprovement project. SUMMARY: The Federal Highway Administration through the Washington State Department of Transportation—Highways and Local Programs has authorized the right-of-way funding for the three separate phases of the Pacific Highway South SR-99 HOV Lanes project. • Kent-Des Moines to South 240d'Right of Way- Total project amount of$248,816 and the Federal Share amount is $215,226. • South 240d'to South 252nd Right of Way with a total project amount of$362,500 and the Federal Share amount is $313,563. • South 252nd to 272nd Right of Way with a total project amount of$1,600,000 and the Federal Share amount is $640,000. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: The Pacific Highway South HOV Lanes Pro ect is separated into three phases for funding purposes(Kent-Des Moines Rd to 240d', 240 to 252n and 252nd to 272nd) The Design funds were previously authorized and accepted by Council. The attached agreements grant the City authority to proceed with nght-of-way acquisition for all three phases. Mayor White and Kent City Council 1 Pac Hwy S HOV Lanes Project January 26,2004 CITY OF KENI DEC 2 2 2003 e ENGINEERING DEPT WWashington State Transportation Building AP Department of Transportation 310 Maple Park Avenue S E Douglas B.MacDonald P 0 Box 47300 Secretary at Transportabon Olympia,WA 98W4-7300 December 18,2003 36oa05-7000 Mr Don Wickstrom TTY 1-800-833.63N Public Works Director www wsdot wa pv City of Kent 220 Fourth Avenue S Kent,WA 98032-5895 City of Kent Pacific Highway South HOV Lanes Kent-Des Moines to So. 240th STPUL-CM-0099(045) --'Je►`. FUND AUTHORIZATION Dear� m We have received FHWA fund authorization,effective December 18, 2003,for this project as follows PHASE TOTAL FEDERAL SHARE Right of Way $248,816 $215,226 Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA-3467 between the state and your agency i Although documented CE determination was approved August 8,2003,you are still required to request updated species listings every six months from that date until this project is complete. If any species listings or locations have changed, the Biological Assessment must be updated appropriately. Verification of the requests will be part of the project management review. WSDOT authorization to proceed with construction is contingent upon receipt of your Right of Way Certification. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement Sincerely, Stephanie Tax Manager,Program Management Highways&Local Programs Division ST:ds:ac Enclosure CC. Terry Paananen,Northwest Region,NB82-121 CITY OF KENT DEC 2 2 2003 Washington State transportation aJAINEERING DEPT Department of Transportation 310 Maple Park Avemie S E Douglas B.MacDonald PO , 0D Secretary of Transportation Olymppiaia,WA WA 98504-7300 December 18,2003 360a05-7000 TTY 1.BOD-833.63U Mr.Don Wickstrom ww+wsdot wa gov Public Works Director City of Kent 220 Fourth Avenue S Kent,WA 98032-5895 City of Kent Pacific Highway South HOV Lanes So.240tk to So.252nd STPUL-CM-0099(060) FUND AUTHORIZATION Dear fom We have received FHWA fund authorization,effective December 18,2003,for this project as follows: PHASE TOTAL FEDERALSHARE Right of Way $362,500 $313,563 Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA4296 between the state and your agency. Although documented CE determination was approved October 6,2003,you are still required to request updated species listings every six months from that date until this project is complete. If any species listings or locations have changed,the Biological Assessment must be updated appropriately. Verification of the requests will be part of the project management review. WSDOT authorization to proceed with construction is contingent upon receipt of your Right of Way Certification i You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, Stephame Tax Manager,Program Management Highways&Local Programs Division • ST ds ac Enclosure CC. Terry Paananen,Northwest Region,NB82-121 CITY OF KENT DEC 2 2 2063 Admill, ENGINEERING DEPT MA WashingtonState Transportation Buadiny Department of Transportation 310 Maple Park Avenue S E Douglas B. MacDonald PO Box47300 Secretary of Transportation Olympia,WA 98504-7300 December 18,2003 360-705-7000 TTY 1-800-833-6388 Mr.Dan Wickstrom wwwwsdol we gov Public Works Director City of Kent 220 Fourth Avenue S Kent,WA 98032-5895 City of Kent Pacific Highway South HOV Lanes So.252'to 272nd STPUL-CM-0099(067) FUND AUTHORIZATION �o f✓ Dear cstrom We have received FHWA fund authorization,effective December 18,2003,for this project as follows: PHASE TOTAL FEDERAL SHARE Right of Way $1,600,000 $640,000 Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA4607 between the state and your agency Although documented CE determination was approved October 6,2003,you are still required to request updated species listings every six months from that date until this project is complete. If any species listings or locations have changed, the Biological Assessment must be updated appropriately. Verification of the requests will be part of the project management review. WSDOT authorization to proceed with construction is contingent upon receipt of your Right of Way Certification. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, 0 — a� Stephanie Tax Manager,Program Management Highways&Local Programs Division ST.ds ac Enclosure cc: Terry Paananen,Northwest Region,NB82-121 T�� Washington State �"�' Y �// Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Kent 1 Federal Aid Project Number Agreement Number CFDA No 20.205 STPF-0099(067) LA-4607 (Catalog ofFedanlDorresticAssistance) The Local Agency desires to supplement the agreement entered into and executed on November 1,2000 All provisions in the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows Project Description Name Pacific Highway South HOV Lanes(KEN-20) Length 125 Miles Termini South 252nd Street to South 272nd Street Description of Work ®No Change Reason for Supplement Request Flight-of-Way Funds Estimate of Funding Type of Work (1) (2) (3) (4) (5) Previous Supplement Estimated Total Estunated Agency Estimated m eenNSu I Project Funds Funds Federal Funds PE a Agency 896,000 00 996,000 00 537,60000 358,400 00 40 % b Other c Other Federal Aid d State 4,00000 4,00000 2,40000 1,60000 Participation Ratio for PE a Total PE Cost Estimate(a+b+c+d) 1 900,00000 900,000 00 540,000.00 360,000 00 Right of Way f Agency 1,412,50000 1,412,50000 847,50000 565,00000 40 % Other Consultant 177,500 OD 177,500 00 106,500 W 71,000 00 Federal Aid h Other Pamcipabon Rato for RW i State 10,000 00 10,000 00 6,000001 4,00000 Total RAN Cost Estimate +1 1,600,000 00 1,600,000 00 960,000.00 640,000 00 Construction k Contract I Other in Other n Other % o Agency Federal Aid State Participation Ratio for CN a Total CN Cost Esbmate d r.Total Pro ect Cost Estimate 900,000.00 1,600,000.00 2,500,000.00 1,500,000 00 1,000,000.00 The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures,and as a condition to payment of the Federal funds obligated,it accepts and will comply with the applicable provisions Agency official Washington State Department of Transportation By _ ✓. c7 By C .�. , • Title _ C: �n q,n rc r Assistant Secretary for Highways and Local Programs Date Executed DOT Form 140-041 EF Remed 4200D APWashington State l�,IE V Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Kent 1 Federal Aid Project Number JAgreement Number CFDA No 20.205 S-I?UL-0099(045) I LA-3467 Catalog of Fedesl0omesbc assistarice) The Local Agency desires to supplement the agreement entered Into and executed on December 4, 1996 Ali provisions in the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows Project Description Name Pacific Highway South HOV Lanes(KEN-15) Length 0 5 Mlles Termirn Kent-Des Moines Road to South 240th Street Description of Work ®No Change Reason for Supplement Request Right-of-Way Funds Estimata of Funding Type of Work Previous tle Estimated Total Estimate Agency Estimated Agra emenVSu Supplement Project Funds Funds Federal Funds PE Agency 865 % b Other Consult=t 707,092 00 707,092 00 95,457 00 611,6350 c Other Federal Aid d State 1,00000 1,00000 13500 86500 Paroapabon Ratio for PE a Total PE Cost Estimate(a+b+c+d) 708,09LOO 708,092.00 95,592.00 612,500.00 Right of Way f Agency 179,816 00 179,916 00 24,275 00 155,541 00 865 % a otherConsultant 64,000 00 64,000 00 8,64000 55,360 OD Federal Aid h Other a o Ratio n I State 5,00000 5,00000 67500 4,32500 Ratio for far RW Total RJW Cost Estimate +h+i 248,816.00 248,816.00 33,590.00 215,226 00 Construction k Contract I Other m Other n Other % o Agency Federal Aid Participation pState Ratio for CN q Total CN Cost Estimate +t r Total Project Cost Estimate a 708,092.00 7,48,816 00 956,908 00 129,182.00 927,726 00 The Local Agency further stipulates that pursuant to said Tate 23,regulations and policies and procedures,and as a condition to payment of the Federal funds obligated,it accepts and will comply with the applicable provisions Agency Official Washington State Department of Transportation BY o:y , By 4 - Trde �. >i C K y i n�e Assistant Secretary for Highways and Loral Program A� o Date Executed IE 17 Z003 DOT Form 140-041 EF Revised 4rAW �w Washington State dllJ CY VI/ Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Kent t Federal Aid Protect Number Agreement Number CFDA No. 20.205 STPUL-0099(060) LA-4296 tCateloy d FadinilDweslicAssaWas) The Local Agency desires to supplement the agreement entered into and executed on January 6,2000 All provisions in the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows Project Description Name Pacific Highway South HOV Lanes(KEN-16) Length 0 75 Miles Tenrum South 240th Street to South 252nd Street Description of Work ®No Change Reason for Supplement Request Right-of-Way Funds. Obligate part of the programmed Construction funds in Right-of-Way. Estimate of Funding Type of Work (1) (2) (3) (4) (5) yp or Previous Estimated Total Estimated Agency Estimated t/Su Supplement p eet Funds Funds Federal Funds PE a Agency258,11600 258,I1600 34,94600 223,27000 161 % b Other c Other Federal Aid d State 2,000 00 2,00000 27000 1,73000 Participation Ratty for PE a Total PE Cost Estimate(a+b+c+d) 260,116.00 260,t16.00 35,116 00 225,000 00 Right of Way f Cy 206,000 00 206,000 00 27,810 00 179.190 00 86 5 % Other Consultant 149,000 00 149,000 00 20,115 00 128,88500 Federal Aid h Other Participation Raba for RW I State 7.500001 7,50000 1,012 00 6,48800 Total RIIN Cost Estimate f +h+i 362,500 00 362,500.00 49,937.00 313,563.00 Construction k Contract I Other m Omer n Other o Agency Federal Aid State Participation Raba for CH q Total CN Cost Esbmate k+i+m+n r Total Project Cost Estimate a 260,116 00 362,500 00 622,616,00 84,053.00 539,563.00 The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures,and as a condition to payment of the Federal funds obligated,it accepts and will comply with the applicable provisions Agency Otricial Washington State De artment of Transportation By Title 4— Assistant Saaetary for Highways and Local Programs • Date Executed DEC 17 2003 DOT Form 140-041 EF Revised 4l2m . REPORTS FROM STANDING COMMITTEES AND STAFF D A. COUNCIL PRESIDENT 1 &"olr a 5 30 B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS W f I 3 At" 5 E. PLANNING COMMITTEE F. PARKS COMMITTEE Pp o�► 3 Ad Th�o `f G. ADMINISTRATIVE REPORTS Zrc S-n MClUAA �b a0 ,-Yw►ti lelo�r r` T REPORTS FROM SPECIAL COMMITTEES Parks Committee Minutes December 9, 2003 Committee Members Present: Chair Judy Woods, Bruce White and Connie Epperly Staff Present: John Hodgson, Lori Flemm, Ronda Billerbeck, Brenda Abney, Shane Gilbertson, Recorder Teri Petrole Other Guests: Councilmember Tim Clark The meeting was called to order by Chair Judy Woods at 4:07 p.m. One informational item was added: 3a. Audience Expansion Proiect. 1. Approval of Minutes of October 14, 2003 Councilmember Epperly moved to approve the minutes of October 14, 2003. Councilmember White seconded and the motion carried. 2 . 2004 City Art Plan and 2004-2009 Five Year City Art Plan - Approve The attached Five-Year plan lists projects planned for years 2004-2009. Each year the Kent Arts Commission submits a revised City Art Plan to City Council for review and approval. Project carryovers for 2004 include hiring a professional artist to work with park planners to integrate art into the new accessible area at the Three Friends Fishing Hole, artist Peter Requiam would fabricate a set of three sculptures of corn stalks depicting Kent valley's agricultural history made visible by travelers at two proposed sites — the corner of 84th Ave. S. and S. 228`h St. near the on/off ramps to SR-167, a professional artist will fabricate unique artwork to be placed at Lake Meridian Park to act as a gateway to the city from the east, a reclamation art project working with artist Cheryl dos Remedios and citizens to create cut panels for two buildings along the BNSF railroad, artist Ruth Marie Tomlinson will work with a design team to provide design input into the master plan for Clark Lake Park, and an increase in the portable art collection. Councilmember White moved to recommend approving the revised 2004 City Art Plan and 2004-2009 Five-Year City Plan. Councilmember Epperly seconded and the motion carried. 3. King County Artist-in-School Proiect Grant A grant was received from Cultural Development Authority of King County for an artist in schools program at Pine Tree Elementary. This collaboration with the Kent School District will bring a local artist into the school to integrate curriculum- based art into the classroom. An estimated 75 students third grade students, teachers and parent volunteers will work with artist Meredith Doll on an art project based on the rain forest. Councilmember Epperly moved to recommend accepting the $1,500.00 from the Cultural Development Authority of King County and amending the Kent Arts Commission budget. Councilmember White seconded and the motion carved. 1 of 2 3.a. (ADDED) Audience Expansion through WESTAF Cultural Manager Ronda Billerbeck announced that Kent Parks has been selected as one of three communities in the western states to be a part of a pilot program to introduce an extended arts program into lower income and minority areas in Kent. Representatives from WESTAF will monitor and review the plan as it is implemented into our community. 4. Reimbursement for Street Tree Replacement Street trees in the Kent downtown corridor are buckling the sidewalks and curbs, causing visibility issues, and often interfering with overhead power lines. A new program was implemented in 2003. After staff removes the trees, the trunks are salvaged and sold to tree reclamation companies and made into furniture or specialty products. Compensation for the trees is used to purchase a replacement street tree species more suitable for each site. This public/private partnership benefits the Kent community by providing a stable source of funds to purchase replacement street trees, and by recycling the removed trees into a useable resource (furniture). Urban Hardwoods is the first company to participate by purchasing $200.00 worth of surplus wood. Councilmember White moved to recommend accepting $200.00 from Urban Hardwoods for reimbursement of recycled street trees and amending the Street Tree Replacement Budget. Councilmember Epperly seconded and the motion carried. 5. Riverview Park Salmon Enhancement Project Report The City of Kent Public Works Department, Parks, Recreation and Community Service Department, and the US Army Corps of Engineers are proposing a salmon enhancement project at the undeveloped Riverview Park. The Corps has prepared a conceptual plan to construct a through channel for salmon habitat. This proposed action has an unbudgeted cost for matching funds with the value of the land for the project constituting the required match, through the US Army Corps of Engineers Federal appropriation. The 10% conceptual plan was brought to the Council committee last spring. In October 2003, as part of the Re Leaf Project, volunteers from the local apartments and students cleared out the canary grass in the stream, which was impeding salmon from swimming up stream. Salmon hadn't been seen for years, but because of the clean up, salmon have returned. The remainder of the plan involves bringing the channel back to the Green River and providing more habitat to encourage continued salmon spawning, a trail built across the channel for fishermen to access, and a bench placed near the creek's edge. Construction proposed to begin the summer of 2005. The meeting adjourned at 4:35 p.m. 2of2 CONTINUED COMMUNICATIONS A. d ARM Sa4y"v\. K IAI 00 CID�;-b az me\ w 1)5 0�1 5 kh-� 17, 35 I, 61YD bt-4 Imo. dLo.-lzk 5{t,o,J w� ZS 0601 006. ..?� /b"a_ d Czs ram- l'�SLke- �. Ko Pc) zce 070 J�b Liz Q— T I� EXECUTIVE SESSION A) Property Disposition • ACTION AFTER EXECUTIVE SESSION A) •