HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/15/2005 e , A
City of Kent
City Council Meeting
Agenda
t
March 15, 2005
Mayor Jim White
Julie Peterson, Council President
Councilmembers
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
Deborah Ranniger Bruce White
KENT
WAS H INGTON
1 City Clerk's Office
KENT CITY COUNCIL AGENDAS
KEN T March 15. 2005
WASHINGTON Council Chambers
MAYOR: Jim White COUNCILMEMBERS: Julie Peterson, President
Tim Clark Ron Harmon Deborah Ranniger
Debbie Raplee Les Thomas Bruce White
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Water Resource Inventory Area(WRIA) Agency Representative 30 min
9 Watershed Habitat Plan
2. 2005 Summer Water Supply Brad Lake 10 min
1
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC
4. PUBLIC COMMUNICATIONS
A. Yangzhou Sister City Representative
B. Economic Development Update
roc lama}io,� - j ncredI61a Kids
�o I e,af- A-..1 OL""d-
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting —Approve j u
B. Payment of Bills —Approve
C. Cancer Treatment Centers of America Resolution of Support—Adopt
D. Washington State Department of Transportation (WSDOT) Participation
Agreement for Pacific Highway South, South Phase—Authorize
(Continued on Back)
COUNCIL MEETING AGENDA CONTINUED
E. Washington State Department of Transportation(WSDOT) Participation
Agreement for Pacific Highway South, North Phase—Authorize
F. Fish& Wildlife Habitat Surveys of Selected Kent Streams Contract—Authorize
G. King County Interlocal Agreement for Maintenance and Construction Services—
Authonze
H. Lindental Wet Well Recoating Project—Accept as Complete
I. Springbrook Creek Restoration Improvements Project—Accept as Complete
J. Pump Station No. 5 Generator Upgrade Project—Accept as Complete
K. Pacific Highway South 2004 Storm Dram Project—Accept as Complete
L. 2004 Congolid ted Annual Performance Evaluation Report (CAPER)—Approve
M. C0"c4 b5ence - PeJc(seY)
7. OTHER BUSINESS
None
8. BIDS
A. Central Avenue Sidewalk Replacement—Award
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS 4 . Leases '(ems
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A Potential Litigation
B. Property Disposition
12. 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 and con plete packet are 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
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PUBLIC COMMUNICATIONS
A) YANGZHOU SISTER CITY REPRESENTATIVE
B) ECONOMIC DEVELOPMENT UPDATE
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CONSENT CALENDAR
6. City Council Action:
Councilmember CXIVK moves, Councilmember
seconds to approve Consent Calendar Items A throughX,M
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of March 1, 2005.
6B. Approval of Bills.
Approval of payment of the bills received through February 15 and paid on February 15
after auditing by the Operations Committee on March 1, 2005.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/15/05 Wire Transfers 1960-1971 $1,216,294.02
2/15/05 PrePays& 573828 384,924 12
2/15/05 Regular 574504 1,221,834.03
2,823,052.17
Approval of payment of the bills received through February 28 and paid on February 28 after auditing
by the Operations Committee on March 1, 2005
Approval of checks issued for vouchers-
Date Check Numbers Amount
2/28/05 Wire Transfers 1972-1984 $1,270,478 37
2/28/05 PrePays& 574505 470,178 18
2/28/05 Regular 575069 2,197,346 39
3,938,002 94
Approval of checks issued for Payroll for January 16 through January 31 and paid on February 4,2005
Date Check Numbers Amount
2/4/05 Checks 281727-281996 $ 219,748 79
2/4/05 Advices 175284-175951 1,190,800.79
$1,410,549.58
Approval of checks issued for payroll for February 1 through February 15 and paid on February 18,
2005:
Date Check Numbers Amount
2/18/05 Checks 281997-282269 $ 204,666 00
2/18/05 Advices 175952-176619 1,219,400 64
2/22/05 Interim Check 282270 11123
2/18/05 Void Check 281907 (111 23)
$1,424,066.64
Council Agenda
Item No. 6 A-B
•
KENT Kent City Council Meeting
WASH I NGTOM March 1, 2005
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White.
Councilmembers present: Clark, Harmon, Ranniger, Thomas and White. (CFN-198)
CHANGES TO AGENDA
A From Council, Administration, or Staff. (CFN-198) Council President Peterson was added
to Consent Calendar Item P, Council Absences. The Executive Session was removed from the
agenda.
B. From the Public. (CFN-198) Continued Communications Item A was added at the request of
Bob O'Brien.
PUBLIC COMMUNICATIONS
A. 2005 Community Arts Support Program Recipients. (CFN-118) Ronda Billerbeck of the
Parks Department explained the program and introduced the recipients, who accepted Certificates
of Appreciation from the Mayor.
B. Emplovee of the Month. (CFN-147) Mayor White announced that Cheryl Lopez of the
Finance Department is the Employee of the Month for March.
C. Proclamation—Red Cross Month. (CFN-155) Mayor White proclaimed March 2005 as
Red Cross Month in the City of Kent.
CONSENT CALENDAR
CLARK MOVED to approve Consent Calendar Items A through Q,with the inclusion of Council
President Peterson in Item P. White seconded and the motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of
February 15, 2005 were approved.
B. Approval of Bills. (CFN-104) No numbers were available for approval.
C. Military Road Widening Proiect Condemnation Ordinance. (CFN-1296) Ordinance
No. 3735 providing condemnation for the acquisition of real property and/or property rights
between Bolger Road and South 239 b Street adjacent to Military Road, in order to construct the
underground electrical system, storm, sewer, curb, gutter, and sidewalks for the Military Road
Widening Project was adopted.
D Pacific Highway Interagency Agreement with Highline Water District. (CFN-1071) The
Mayor was authorized to sign an Interagency Agreement with Highline Water District to include
relocation and reconstruction of Highline's water main and other associated appurtenances as part
li of the Pacific Highway South HOV Lanes project, upon concurrence by the Public Works Director
and the City Attorney.
1
Kent City Council Minutes March 1, 2005
E. Cascade Columbia Distribution Company Contract. (CFN-675) The Mayor was
authorized to sign the contract with Cascade Columbia Distribution Company for$28,140 00 to
provide Sodium Fluoride upon concurrence by the City Attorney and the Public Works Director.
F. Univar USA,Inc. Contract. (CFN-675) The Mayor was authorized to sign the contract with
Univar USA, Inc. for$89,190.06 to provide 12%Sodium Hypochlorite,Potassium Permanganate
and 25% Sodium Hydroxide upon concurrence by the City Attorney and the Public Works
Director.
G. Supervisory, Control and Data Acquisition (SCADA) Technician Position. (CFN-1038)
Hiring a temporary full time employee with benefits, a technician in the SCADA field for
approximately three years was authorized.
H S. 228te Street Corridor Grade and Fill Proiect. (CFN-171) The South 228t°Street
Corridor Grade and Fill project was accepted as complete.
I. McMillin Street Vacation,Resolution Setting Public Hearing Date. (CFN-102)
Resolution No 1696 setting a public hearing date of April 5, 2005 for the street vacation located
along a portion of McMillin Street between State and Kennebeck Avenue and the alley directly
north was adopted.
J. Heartland LLC Real Estate Advisory Services Contract for 2005. (CFN-239) The Mayor
was authorized to sign the contract with Heartland LLC not to exceed $75,000 for real estate
advisory services.
K. Home Investment Partnerships Program Interlocal Cooperative Agreement Amendment.
(CFN-118) The Mayor was authorized to sign the HOME Interlocal Cooperative Agreement
Amendment.
L. King County Funds for Kent PooL (CFN-118) The $25,000 from King County for the Kent
Pool was accepted and the expenditure of funds in the Aquatic budget was authorized.
M. National Fish and Wildlife Foundation Grant. (CFN-118) The$75,000 King County
Water Works Grant was accepted, the expenditure of funds in the Clark Lake Outfall budget was
authorized and the Mayor was authorized to sign the agreement from the National Fish and
Wildlife Foundation.
N. King County Inter-Agency Agreements for Paramedic Unit Stationing at Two Locations.
(CFN-122) The Mayor was authorized to sign two agreements which were entered into,based
upon the need, to add paramedic umts to the valley area(Station 76) and to maintain the current
medic unit at Station 75 (near Soos Creek).
O. 2005 Bureau Of Justice Assistance Grant Application. (CFN-122) The Bureau of Justice
Assistance Grant application of$48,260 for 2005 was accepted.
2
Kent City Council Minutes March 1, 2005
P. Council Absences. (CFN-198) Excused absences from tonight's City Council meeting for
Council President Peterson and Councilmember Raplee,who are unable to attend, were approved.
Q. SE 278th Street Vacation Ordinance. (CFN-102) Ordinance No. 3736 vacating a portion of
SE 278 Street nght-of-way, east of 145 Place as described in the applicant's petition was
adopted.
REPORTS
Plannine and Economic Development Committee. (CFN-198) Clark noted that the critical
areas ordinance will be discussed at the next meeting on March 21st.
CONTINUED COMMUNICATIONS
A. Bids. (CFN-198) Bob O'Brien, 1131 Seattle Street, questioned whether contracts and
vehicles are being put out to bid.
ADJOURNMENT
At 7:18 p.m., WHITE MOVED to adjourn. Thomas seconded and the motion carved. (CFN-198)
w a.L.r--rili4�
.OBrendt
a Jacober, CM
City Clerk
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Kent City Council Meeting
Date March 15, 2005
Category Consent Calendar
1. SUBJECT: CANCER TREATMENT CENTERS OF AMERICA
RESOLUTION OF SUPPORT—ADOPT
2. SUMMARY STATEMENT: Adoption of Resolution No. supporting Cancer
Treatment Centers of America's certificate of need application before the Washington
State Department of Health to locate a hospital in the City of Kent
Cancer Treatment Centers of America (CTCA) wishes to open a treatment facility in
the City of Kent, which is expected to draw patients and their families to the City. This
treatment facility would not only bring additional jobs to Kent, but would also increase
City revenues. Therefore, the Operations Committee has expressed its recommendation
that Council adopt the proposed resolution supporting CTCA's certificate of need
before the state's Department of Health.
3. EXHIBITS: Resolution and the 3/1/05, Memorandum from Nathan Torgelson,
Economic Development Manager, to the Operations Committee.
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue9 N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue: Fund Amount S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
' ACTION:
Council Agenda
Item No. 6C
3
OFFICE OF THE MAYOR
Jim White, Mayor
S Phone-253-856-5700
T Fax 253 856 6700
K E N
WASHINGTON Address 220 Fourth Avenue S.
Kent,WA 98032-5895
March 1, 2005
To: Kent City Council Operations Committee
From: Nathan Torgelson, Economic Development Manager
Through: Mayor Jim White
Subject: Resolution Supporting Cancer Treatment Centers of America
MOTION: I move to recommend/not recommend a resolution endorsing the efforts of Cancer
Treatment Centers of America to locate a hospital in Kent and supporting the certificate of need
application to locate a hospital in Kent.
SUMMARY: Cancer Treatment Centers of America(CTCA)has submitted a certificate of need
application with the Washington State Department of Health to locate a new hospital in Kent.
The Department of Health has scheduled a hearing at the Kent Library on March 29, 2005 to
hear testimony about CTCA's proposal.
1 CTCA is a privately held, for-profit corporation with hospitals in Zion, Illinois and Tulsa,
Oklahoma, and one under construction in Philadelphia, Pennsylvania. CTCA also operates a
clinic on Capitol Hill in Seattle. CTCA takes an integrative approach to cancer treatment and
care by combining cutting-edge oncology technology with alternative medical treatments such as
naturopath, nutrition, and spiritual advisory services.
A CTCA hospital in Kent would serve mostly outpatients but would also have 24 in-patient beds
that would draw patients and their families from all over the western United States. CTCA's
proposed,location in Kent is ideal because of easy access to SeaTac International Airport and to
Seattle and Tacoma.
Benefits to Kent would include the prestige of having a major medical center,promotion of Kent
in the region, development of a key vacant parcel within the City, creation of over 250 living
wage jobs, increased property taxes, increased revenues from hotels, restaurants, retail stores and
other services, and hospital purchases of inventory items such as food, linens,hardware,cleaning
supplies and flowers.
BUDGET IMPACT: None
We look forward to talking with you about this resolution at your March 1 committee meeting.
If we may answer any questions prior to the meeting, please call Nathan Torgelson at 856-5703.
Kent Council Operations Committee CTCA
March 1,2005
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, supporting Cancer Treatment Centers
of America's certificate of need application before the
Washington State Department of Health to locate a hospital
in Kent.
RECITALS
A. Cancer Treatment Centers of America (CTCA), based in Arlington
Heights, Illinois, has submitted a certificate of need application with the Washington
State Department of Health to locate a new hospital in Kent.
B. CTCA wishes to build a$77 million hospital.
C. The Kent CTCA facility would serve mostly outpatients, but it would have
24 in-patient beds.
D. CTCA is a privately held, for-profit corporation with hospitals in Zion,
Illinois and Tulsa, Oklahoma, and one under construction in Philadelphia, Pennsylvania.
E. CTCA currently operates the Seattle Cancer Treatment and Wellness
Center Clinic on Capitol Hill in Seattle.
F. CTCA takes an integrative approach to cancer treatment by combining
cutting-edge oncology technology with alternative medical treatments such as naturopath,
nutrition, and spiritual advisory services.
I Cancer Treatment Centers ojAmerica
G. A CTCA facility in Kent is expected to draw patients and their families
from all over the West Coast.
H. The proposed location for the CTCA facility is ideal because of easy
Naccess to SeaTac International Airport and Interstate 5 and a location halfway between
Seattle and Tacoma.
I
I. A CTCA facility would bring the prestige to Kent of having a major
medical center.
tJ. A CTCA facility would bring other benefits to Kent as well, such as
additional property tax revenues, over 250 living wage jobs for Kent and local citizens,
and increased revenues from hotels, restaurants, retail stores, and other services that
would serve patients and their families.
K. CTCA's purchase of hospital inventory items such as food, linens,
hardware, cleaning supplies, flowers, etc would benefit Kent and local area businesses.
L. A CTCA hospital in Kent furthers the goals and specific strategies within
the City's Economic Development Strategic Plan 2003-2008, such as diversifying the
City's economy, creating livable wage jobs, supporting redevelopment of key business
1 district parcels in Kent, promoting the City's image in the region, and potentially
increasing hotel/motel stays.
M. The City Council supports the certificate of need application and strongly
desires to have CTCA locate this facility in Kent.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
2 Cancer Treatment Centers of America
RESOLUTION
SECTION 1. — Findinz of Need The City of Kent, Washington, fully supports
the certificate of need application to locate a hospital in Kent and urges the State
Department of Health to issue a finding of need.
SECTION 2. — Severabdity. If any section, subsection, paragraph, sentence,
clause, or phrase of this resolution is declared unconstitutional or invalid for any reason,
such decision shall not affect the validity of the remaining portions of this resolution.
SECTION 3. —Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
SECTION 4. — Effective Date. This resolution shall take effect and be in force
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of Kent,
Washington,this day of March, 2005.
CONCURRED in by the Mayor of the City of Kent this day of March,
2005.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
3 Cancer Treatment Centers ofAmerica
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1 APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
i
I hereby certify that this is a true and correct copy of Resolution No. passed
by the City Council of the City of Kent, Washington,the day of March 2005.
fi
BRENDA JACOBER, CITY CLERK
PClwME301AT110MCarcNlrtamwCcmertAmenca doc
4 Cancer Treatment Centers ofAmerica
Kent City Council Meeting
Date March 15, 2005
Category Consent Calendar
1. SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
(WSDOT) PARTICIPATION AGREEMENT FOR PACIFIC
HIGHWAY SOUTH, SOUTH PHASE— AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign a Participation
Agreement with Washington State Department of Transportation for an estimated
amount of$786,129 to overlay the South Phase of the Pacific Highway South project,
upon concurrence of the language therein by the Public Works Director and the City
Attorney, and to establish a budget for the same.
3. EXHIBITS: Public Works Memorandum and WSDOT Participation Agreement
r4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X 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. 6D
1 PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Acting Public Works Director
Phone:253-85&5500
K E N T Fax 253-85E�-6500
W r.S H I N G T O N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: February 28, 2005
TO: Public Works Committee
FROM: Mark Howlett
1 THROUGH: Larry Blanchard,Acting Public Works Director
SUBJECT: WSDOT Participation A reement for Pacific Highway South
South Phase—South 252° Street to South 272°d Street
MOTION:
Recommend authorizing the Mayor to sign the WSDOT Participation Agreement in the
estimated amount of $786,129 for construction of the Pacific Highway South (State
Route 99) Asphalt Pavement Overlay upon concurrence of the language herein by the
Public Works Director and the City Attorney and to establish a budget for the same
along with directing staff to spend the money accordingly.
SUMMARY:
Authorize the Mayor to sign the Participation Agreement between the City of Kent and the
Washington State Department of Transportation for the City to overlay Pacific Highway South
from South 252nd Street to South 272' Street with the State reimbursing the City for same. The
Public Works Department recommends that the Mayor be authorized to sign the agreement.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
I BACKGROUND:
Pacific Highway South is a State Route (SR-99). The Washungton State Department of
Transportation is responsible for the maintenance of the roadway surface The City of Kent will
be improving State Route 99 as part of our Pacific Highway South HOV Lanes Project . The
WSDOT has agreed to reimburse the City for cost of performing the asphalt concrete overlay
and pavement repair work This agreement is for construction of the overlay and repair. The
IPublic Works Department supports executing the agreement.
tMayor White and Kent City Council WSDOT Participation Agreement for South Phase
1
Washington State
Department of Transportation
Organization and Address
City of Kent
State Participating 220 Fourth Ave, S.
Agreement Kent WA 98032-5895
Work by Local Agency Seorron/Locauon
Actual Cost SR 99,Pacific Highway South HOV Lanes-SOUTH Phase
S.252nd St to S.272nd St.
Agreement Number Deseriptbnof Work
GCA 4278 Rehabilitate the existing pavement and other work as desm-bed in
State Route Number Convol Section Number Exhibit A and B.
99 170106
Region
Northwest Region
THIS AGREEMENT,made and entered into this day of between the STATE OF
WASHINGTON,Department of Transportation,acting by and through the Secretary of Transportabon,(hereinafter the'STATEO)and
the above named organirmbon,(hereinafter the"LOCAL AGENCY").
WHEREAS,the LOCAL AGENCY is planning the constriction of a project as shown above,and in connection therewith,the STATE
has requested that the LOCAL AGENCY perform certain work as herein described,and
WHEREAS,it is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's
construction contract proposed for the above-noted project,and
WHEREAS,the STATE Is obligated for the cost of work described herehh.
NOW THEREFORE,by virtue of RCW 47.28.140 and in consideration of the terms,conditions,covenants,and performances
contained herein,or attached and incorporated and made a part hereof,IT IS MUTUALLY AGREED AS FOLLOWS:
( The STATE agrees,upon satisfactory completion d the
GENERAL work involved,to deliver a letter of acceptance whkth shell
The LOCAL AGENCY,as agent acting for and on behalf of dude a release and waiver or all future claims or demands of
g any nature resulting from the performance of the work under this
the STATE,agrees to perform the above'Description of AGREEMENT.
work-
Mans,specifications and cost estimates shall be prepared by the 11
LOCAL AGENCY In accordance with the current State of PAYMENT
Washington Standard Specifirations for Road,Bridge,and The STATE,in consideration of the faithful performance of the
Municipal Construction,and amendments thereto,and adopted work to be done by the LOCAL AGENCY,agrees to reimburse
design standards,unless otherwise noted.The LOCAL AGENCY the LOCAL AGENCY for the actual direct and related indirect
will incorporate the plans and specifications into the LOCAL cost of the work
AGENCY's project and thereafter advertise the resulting project
for bid and,assuming bids are received and a contract is An itemized estimate of cost for work to be performed by the
awarded,admfiister the contract LOCAL AGENCY at the STATE's ebgbense is marked Ebdtibk
"A",and Is attached hereto and by this reference made a part
of this AGREEMENT. ,
The LOCAL AGENCY agrees to su bma plans and speolkations
for the described work as shown on EA*it'B",attached hereto Partial payments shall be made by the STATE,upon request of
and by this reference made a part of this AGREEMENT,to the the LOCAL AGENCY,to cover costs incurred These payments
STATE for approval prior to advertising the project. are not to be more frequent than one(1)per month It Is agreed
that any such partial payment will not constitule agreement as to
the appropriateness of any Item and that,at the time of the final
The STATE may,if it desires,furnish an Inspector on the audit,all required adjustments will be made and reflected in a
project Any costs for such inspection will be borne solely by final payment-
the STATE.Ail contact between said Inspector and the LOCAL
AGENCi"s contractor shall be through the LOCAL AGENGrs
representative.
DOT Form 224-1167 EF
Revised 10raooh
. �z
' The LOCAL AGENCY agrees to submit a final bill to the STATE In the event It Is determined that any change from the description
within forty ftre(45)days after the LOCAL AGENCY has of work contained in this AGREEMENT is required,approval must
completed the work. be secured from the STATE prior to the beginning of such work-
Where the change is substantial,written approval must be
I[I secured.
DELETION OF WORK
1n ttte event the estimate of cost,Exhibit`A',is in excess of Reimbursement for increased work and/or a substantial change In
$10,000 and the total actual bid prices for the work covered by the description of work shall be limited to costs covered by a
this AGREEMENT exceeds the estimate of cost by more than 15 written modficalkw%dtange order or e#ra work order approved
percent,the STATE shall have the option of directing the LOCAL by the STATE
AGENCY to delete all or a portion of the work covered by this
AGREEMENT from the LOCAL AGENCY's contract.Except,that V
this provision shall be null and void If the STATEs portion of the RIGHT OF ENTRY
work exceeds 20 percent of the actual total contract bid price The STATE hereby grants and conveys to the LOCAL AGENCY
the right of entry upon all land which the STATE has Interest,
within or adjacent to the right of way of the highway,for the
The STATE shal have five(5)working days from the date of purpose of constructing sald Improvements.
wntten notdreation to inform the LOCAL AGENCY to delete the
work Should the STATE exercise its option to delete work,the Upon completion of the work outlined herein,all future operation
STATE agrees,upon billing by the LOCAL AGENCY,to and maintenance of the STATE's facilities shall be at the sole cost
reimburse the LOCAL AGENCY for preliminary engineering routs of the STATE and without expense to the LOCAL AGENCY.
incurred by the LOCAL AGENCY to include the work covered by
this AGREEMENT in the LOCAL AGENCY's contmoL
VI
LEGAL RELATIONS
IV No Gabilrty shall attach to the LOCAL AGENCY or the STATE by
EXTRA WORK reason of entering into this agreement except as expressly
In the event unforeseen conditions require an increase in the cost provided heroln.
Of 25 percent or more from that agreed to on Exhibit A',this
AGREEMENT will be modeled by supplemental AGREEMENT
covering said increase.
IIN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written.
LOCAL AGENCY STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By By
' Tills True
Date Date
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1 DOT Fain 10E �
ened 10l�
RavOt A
GCA 4278 - EXHIBIT'"A"
Estimate of Cost
CITY OF KENT-PACIFIC HIGHWAY SOUTH HOV LANES
SOUTH PHASE
COST ESTIMATE FOR OVERLAY--S.252nd St.to S.272nd SL
Bidltem5 Q►rantity Und L47&Pflice Ta Amount
1 Pavement Repair SS,210 SY $1.50 $22,815.00
2 Channelization --- -- --- ---
CCurb 2,439 LF $11.00 $26,829.00
Pamt Stripe 2,049 LF $1.00 $2,049.00
RPM-Type 1 2,046 FA $2.25 $4,603.50
RPM-Type 2 682 EA $3.25 $2,21650
Plastic Stop Bar 784 LF $5.00 $3,920.00
Plastic Arrow 69 EA $75.00 $5,175.00
HOV Lane Marker 37 EA $50.D0 $1,850.00
Crosswalk 1,203 LF $2.50 $3,00750
3 Signage 6,939 LF $1.00 $6,939.00
4 Planing(grinding) 6,675 SY $5.00 $33,375.00
S 2'Asphalt Concrete Pavement Overlay 7,50D TONS $48.00 $360,000.00
6 Pre-leveling 1,875 TONS $43.00 $80,625.00
7 Traffic Control Labor 900 HRS $40.00 $36,000.00
8 Catch Basin Insets 80 EA $100.00 $8,D00.00
9 Adjust Manhoies/VaulWMonuments to Grade 54 EA $400.DD $21,600.00
10 Plastic Suomi Drain Pollution Markers 107 EA $4100 $4,815.00
11 JFat3fXCrack Stablrzer 2,131 SY $10.00 $21,310.00
Subtotal $645,12950
Mablllzzflwr(7%of subtotal 5 159.07
Contingetdes(05%) 2 .48
Subtotal Construction 722 5.04
Sales Tax(82%) $63,5M.96
TOTAL CONSTRUCTION CO $786t129.00
State total obligation per terms of this agreement: $982,66L25
Notes:
1.Per Overhead agreement-OH 00041,executed 4119J20D0,fr4rect cast is not Included in this agreenwnt.
2. Preliminary Engineering paid under previous agreement-GCA 3346.
GCA 4278
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CITY OF KENT PACIFIC HIGHWAY SOUTH NOY LANES PROJECT FlGURE
cNuwe�luwa cer�rwo+r PHASE 2
KEIiT ,m w• VICINITY MAP
Kent City Council Meeting
Date March 15, 2005
Category Consent Calendar
1. SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
(WSDOT) PARTICIPATION AGREEMENT FOR PACIFIC
HIGHWAY SOUTH, NORTH PHASE —AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign a Participation
Agreement with Washington State Department of Transportation for an estimated
amount of$708,871 to overlay the North Phase of the Pacific Highway South project,
upon concurrence of the language therein by the Public Works Director and the City
Attorney, and to establish a budget for the same.
3. EXHIBITS: Public Works Memorandum and WSDOT Participation Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X 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
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Acting Public Works Director
• Phone 253-856-5500
K E N T Fax 253-856.6500
W A S N I N G T O N Address- 220 Fourth Avenue S
1 Kent,WA.98032-5895
DATE: February 29, 2005
TO: Public Works Committee
FROM: Mark Howlett
THROUGH: Larry Blanchard,Acting Public Works Director
SUBJECT: WSDOT Participation Agreement for Pacific Highway South
North Phase—Kent-Des Moines Road to S.252" Street
MOTION:
Recommend authorizing the Mayor to sign the WSDOT Participation Agreement in the
estimated amount of $708,871 for construction of the Pacific Highway South (State
1 Route 99) Asphalt Pavement Overlay upon concurrence of the language herein by the
Public Works Director and the City Attorney and to establish a budget for the same
along with directing staff to spend the money accordingly.
SUMMARY:
Authorize the Mayor to sign the Participation Agreement between the City of Kent and the
Washington State Department of Transportation for the City to overlay Pacific Highway South
from Kent-Des Moines Road to South 252nd Street with the State reimbursing the City for same.
The Public Works Department recommends that the Mayor be authorized to sign the agreement.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
1 BACKGROUND:
Pacific Highway South is a State Route(SR-99) The Washington State Department of
Transportation is responsible for the maintenance of the roadway surface. The City of Kent will
be improving State Route 99 as part of our Pacific Highway South HOV Lanes Project. The
WSDOT has agreed to reimburse the City for cost of performing the asphalt concrete overlay
and pavement repair work This agreement is for construction of the overlay and repair The
Public Works Department supports executing the agreement
Mayor White and Kent City Council WSDOT Participation Agreement North Phase
1 1
MWashington State
Department of Transportation
organlmtfon and Address
City of Kent
State Participating 220 Fourth Ave. S.
Agreement Kent WA 98032-5895
Work by Local Agency Section rLocation
Actual Cost SR 99,Pacific$ighway South HOV Lanes-NORTH Phase
SR-516(Kraft-Des Moines Road)to S.252nd St.
Agreement Number
GCA 4277 oescnplan of work
Rehabjiitate the existing pavement and other work as described in
State Route Number Control Section Number Exhibit A and B.
99 170106
Region
Northwest Region
THiS AGREEMENT,made and entered Into this day of between the STATE OF '
WASHINGTON, Department of Transportation.acting by and through the Secretary of Transportation,(hereinafterthe'STATE2)and
the above named organbzriioq(hereinafter the'LOCAL AGENCY').
WHEREAS,the LOCAL AGENCY is planning the construction of a project as shown above,and In connection therewith,the STATE
has requested that the LOCAL AGENCY perform certain work as herein described,and
WHEREAS,it is deemed to be in the best interest for the STATE to include specific items of work In the LOCAL AGENCY's
construction contract proposed for the above-rioted project,and
WHEREAS,the STATE is obligated for the cost of work described herein.
NOW THEREFORE,by virtue of RCW 47.28 140 and in consideration of the terms,conditions,covenants,and performances
contained herein,or attached and incorporated and made a part hereof,IT I$MUTUALLY AGREED AS FOLLOWS-
The STATE agrees,upon satisfactory completion of the ,
GENERAL work involved,to deliver a letter of acceptance which shall
The LOCAL AGENCY,as agent acting for and on behalf of include a release and waiver of all future claims or demands of
the STATE,agrees to perform the above"Descripfim of AGany nature resulting ti n the performarrce of the work under this
AGREEMENT.
Work'. AG
Plans,specifications and cost estimates shall be prepared by the it
LOCAL AGENCY in accordance with the current State of PAYMENT
Washington Standard Specifications for Road,Bridge,and The STATE,in consideration of the faithful performance of the ,
Municipal Construabon,and amencimenits thereto,and adopted work to be done by the LOCAL AGENCY,agrees to reimburse
design standards,unless otherwise noted.The LOCAL AGENCY the LOCAL AGENCY for the actual direct and related indirect
Will incorporate the plans and specifications into the LOCAL cost of the wodL
AGENCY's project and thereafter advertise the resulting project
for bid and,assuming bids are recelved and a coniract is An kemized estimate of Cost for work to be performed by the
awarded,administer the contract. LOCAL AGENCY at the STATE's expense Is marked Edit
'A•,and is attached hereto and by this reference made a part
of this AGREEMENT. ,
The LOCAL AGENCY agrees to submit platys and specifications
for the described work as shown on ExfWd B',attached hereto Partial payments shall be made by the STATE,upon request of
and by this reference made a part of this AGREEMENT,to the the LOCAL AGENCY,to cover costs incurred,These payments
STATE for approval prior to advertising the project are not to be more frequent than one(1)per month.it Is agreed
that any such partial payment will not constitute agreement as to
The STATE may, desires furnish an inspector on the the appropriateness of arty me item and that,at the ti of the final
y p audit,all required adjustments will be made and reflected in a
project Any costs for such inspection will be borne solely by final payment.
the STATE AN contact between said inspector and the LOCAL '
AGENCY's contractor shall be through the LOCAL AGENCY's
representative. �J
DOT Fan zza &
osr EF c f z / 7
Reweed torzcot
r
rThe LOCAL AGENCY agrees to submit a final bill to the STATE In the event it is determined that any charge from the description
within forty-five(45)days after the LOCAL AGENCY has of work contained in this AGREEMENT is required,approval must
completed the work be secured from the STATE prior to the begrrining of such work
Where the change is substantial,written approval must be
MI secured.
DELETION OF WORK
In the event the eshmate of cost,Exhibit"A°,is in excess of Reimbursement for increased work andlor a substantial change in
$1000, 0 and the total actual bid prices for the work covered by the description of work shall be limited to casts covered by a
this AGREEMENT exceeds the estimate of cost by more than 15 written modification,change order or extra work order approved
percent,the STATE shelf have the option of directing the LOCAL by the STATE
AGENCY to delete all or a portion of the work covered bythis
r AGREEMENT from the LOCAL AGENCY's contract.Except,that V
this provision shall be null and void If the STATE's portion of the RIGHT OF ENTRY
work exceeds 20 percent of the actual total contract bid price. The STATE hereby grants and oonveys to the LOCAL AGENCY
the right of entry upon all land which the STATE has Interest,
within or adjacent to the right of way of the highway,for the
The STATE shall have five(5)working days from the date of purpose of constructing said improvements.
written notification to inform the LOCAL AGENCY to delete the
work Should the STATE exercise its option to delete work,the Upon completion of the work outlined herein,all future operation
STATE agrees,upon billing by the LOCAL AGENCY,to and maintenance of the STATE's facaities shad be at the sole cost
reimburse the LOCAL AGENCY for preliminary engineering costs of the STATE and without expense to the LOCAL AGENCY.
Incurred by the LOCAL.AGENCY to include the work covered by
this AGREEMENT in the LOCAL AGENCY's contract
VI
r LEGAL RELATIONS
IV No liability shell attach to the LOCAL AGENCY or the STATE by
EXTRA WORK reason of entering into this agreement except as expressly
In the event unforeseen conditions require an Increase in the cost provided herein.
of 25 percent or more from that agreed to on Exhibit"A",this
AGREEMENT will be modified by supplemental AGREEMENT
covering said increase.
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written.
' LOCAL AGENCY STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
BY BY
rTitle Title
iData Date
i
r
r
r ► 0=1 #77
GCA 4277-EXHIBIT"A"
Estimate of Cast
cm OF KENT-PACIFIC HIGHWAY SOUTH HOV LANES '
NORTH PHASE
COST ESTIMATE FOR OVERLAY—Kent Des Moines Road(SR 516)to S. 2S2nd St.
# sd ihm s Qrrani#y uAt W Fries To+a-7AffXKW '
1 Pavement Repair 13,855 SY $1S0 $20,782.50
2 Channelimtron --- --- ---
C-Curb 2,434 LF $11.00 $26,774.00
Paint Stripe 1,766 LF $1.00 $1,766.00
RPM-Type 1 1,829 EA $225 $4,115.25
RPM-Type 2 610 EA $3.25 $1,982.50
Plastic Stop Bar 248 LF $5.00 $1,240.00
Plastic Arrow 36 EA $75.00 $2,700.00
HCWV Lane Marker 22 EA $50.00 $1,1D0.00
Crosswalk 671 LF $250 $1,677M
3 Signage 6,457 LF $1.00 $6,457.00
4 PbNrg(grinding) 3,630 SY $5.00 $18,150.00
5 2'Asphalt Concrete Pavement Overlay 6,950 TONS $48.00 $333,6DD.D0 ,
6 Pre-kevellmg 1,738 TONS $43.00 $74,734.00
7 Traffic Control Labor 900 HRS $40.00 $36,DDD.00 ,
i 8 Catch Basin Inserts 15 EA $100.00 $1,500.00
9 Adjust ManholesNauits/Monuments to Grade 52 EA $400.00 $20,800.00
10 Pkistic Slorm Drain Pollution Markers 116 EA $45.00 $51220.00 '
i 11 11abric Crack Stabilizer 2,313 SY $10.00 $23,130.00
Subtotal $581,728.75 ,
Mobilization(7%of subtofai) $40,721.01
Contingencies(05%) $29,W6.44
Subtotal Construction 651536.20 ,
Sales Tax(8.8%)v 335.19
TOTAL CONSTRUCTION COSTI $708,87L39
i
State total obligation per terms of this agreement: $886,089.23
Notes; I
L Per overhead agreement-OH 00041,executed 4/1912000,Indirect cost is not induded In this agreernert.
2.Preliminary Engineering paid under previous agreement-GCA 3087. '
GCA 4277
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CITY
MME OF K�NT PACIRC HIGHWAY SOUTH NOV LANES PROJECT FIGURE
' KENT ..�& VICIMTY NAP
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' Kent City Council Meeting
Date March 15, 2005
' Category Consent Calendar
1. SUBJECT: FISH & WILDLIFE HABITAT SURVEYS OF SELECTED KENT
STREAMS CONTRACT—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with R2
Resource Consultants, Inc. for $79,745.00 to conduct fish and aquatic habitat surveys in
1 selected streams upon concurrence of the contract language by the City Attorney and
the Public Works Director.
3. EXHIBITS: Public Works Memorandum and Consultant Services Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? X Revenue? _
Currently in the Budget? Yes X 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
r -
r
PUBLIC WORKS DEPARTMENT
' Larry R. Blanchard, Acting Public Works Director
• Phone 253-856-5500
Fax. 253-856-6500
K E N T Address- 220 Fourth Avenue S
WASHINGTON
� Kent,WA 98032-5895
DATE: 2/22/05
' TO: Public Works Committee
FROM: Bill Wolmski, Environmental Engineering Manager
THROUGH: Larry Blanchard, Acting Public Works Director
rSUBJECT: Fish and Habitat Surveys of Selected Kent Streams Contract
rMOTION: Recommend authorizing the Mayor to sign the Fish and Habitat Surveys of Selected
Streams Within the City of Kent Related to the Critical Areas Ordinance contract with R2
Resource Consultants in the amount of$79,745, and direct staff to utilize these funds to collect
fisheries information necessary for implementing the Critical Areas Ordinance.
1
SUMMARY: This contract will sample 28 stream locations for salmonid use and stream habitat
health within the City of Kent Seventeen of these sites are"new"sites which have not been
surveyed in the past. It is not known whether these stream segments are utilized by salmonids or
not, and this survey information will be helpful to determine proper buffer widths under the
proposed Critical Areas Ordinance. Eleven sites that have previously been surveyed will also be
resurveyed to provide updated fisheries use information and provide a barometer of stream
health and change over time.
r
' BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact. Funds for this project were
budgeted within the Environmental Engineering Section's 2005 Budget.
BACKGROUND The City of Kent has commissioned a number of fisheries related studies in
the past to determine the status of its fishery resources,water quality conditions and stream
corridor habitat health. These studies have proven useful for planning purposes and for
identifying and protecting stream segments that either supported or could support salmonid fish
during certain times of the year. Proposed revisions to the Critical Areas Ordinance will impact
' buffer widths along certain stream sections within the City based on the presence or absence of
salmonids within those stream segments. Therefore, the City of Kent Environmental
Engineering Section proposes to sample previously unsampled stream segments and reconfirm
salmomd usage in stream segments that have been sampled in the past.
Mayor White and Kent City Council I
1
1
1
Consultant: R2 Resource Consultants, Inc. 1
Project: Fish & Aquatic Habitat Surveys 1
Amount: $79,745.00*
Date: February 16, 2005 1
Please circulate for approval to process the attached agreement. 1
Project Engineer W.
Initials and Date 1
Eng.Manager G✓C,) a iz t,,
Initials an Date
Larry L48
Initials and Date 1
*This agreement requires Public Works Committee and Council approval 1
since it is above $25,000.
1
1
i
1
1
1
1
•
KEMT
W.lNIMVreM
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
' R2 Resource Consultants, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and R2 Resource Consultants, Inc. organized under the laws of the State of
Washington, located and doing business at 15250 NE 95th St., Redmond, WA 98052-2518, Phone: (425) 556-
' 1288/Fax: (425) 556-1290, Contact: Dudley Reiser(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall conduct fish and aquatic habitat surveys in selected streams that are
pertinent to the City's Draft Critical Areas Ordinance. For a detailed description, see the Scope
r of Work which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
H. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by July 31,2006,
III. COMPENSATION.
A. The City shall pay the Consultant,based on time and materials, an amount not to exceed Seventy
Nine Thousand, Seven Hundred Forty Five Dollars ($79,745.00) for the services described in
this Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed supplemental agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
CONSULTANT SERVICES AGREEMENT- 1
(Over SS10,000)
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that '
portion of the invoice not in dispute. In that event, the parties will immediately m ake every
effort to settle the disputed portion
IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor- '
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained tinder this ,
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon '
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of ,
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national '
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except foi that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant`s work when completed shall not be grounds to 1
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.1159
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, '
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, '
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT-2
(Over s]0,000)
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
' reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
' X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT O F INSPECTION. E ven though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under tlus
Agreement, the work in ust meet the approval of the City ands hall b e subject to the City's general r ight o f
�. inspection to secure satisfactory completion. ,
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
' precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim ansmg from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
' alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, rop vided,
however, nothing in this paragraph shall be construed to limit the City's right to indenmification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three(3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as maybe hereafter specified in writing
' CONSULTANT SERVICES AGREEMENT.3
(Over$10,000)
1
E. Assignment Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms '
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F Modification. No waiver, alteration, or modification of any of the provisions of this Agreement ,
shall he binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, '
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last '
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(jignaiure) (signature)
Print Name: Print Name: Jim White
Its Its Mayor
(Tide) (Tale)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Dudley Reiser Larry R. Blanchard '
R2 Resource Consultants, Inc. City of Kent
15250 NE 95th St. 220 Fourth Avenue South
Redmond, WA 98052-2518 Kent, WA 98032 '
(425) 556-1288 (telephone) (253) 856-5500(telephone)
(425) 556-1290 (facsimile) (253) 856-6500(facsunile) '
APPROVED AS TO FORM:
Kent Law Department
R2 Resource-SurvrWKnox
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
DECLARATION
. CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLTCY
f
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perforni work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines. it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. 1 have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color,
national origin,age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of .200_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White,Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
rThis form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement._
I,the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement
iDated this day of 200_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
R2 Resource Consultants EXHIBIT A February 8,2005
SCOPE OF WORK
FISH AND HABITAT SURVEYS OF SELECTED STREAMS
WITHIN THE CITY OF KENT RELATED TO
THE CRITICAL AREAS ORDINANCE
R2 Resource Consultants
15250 N.E. 95th Street,
Redmond,Washington 98052
INTRODUCTION
R2 Resource Consultants Inc. (R2) is pleased to submit this proposal to the City of Kent
for completing fish and habitat surveys of selected streams that are pertinent to the City's
Draft Critical Areas Ordinance (CAO). The proposal has been prepared in response to a
request received from Mr. William Wolmski on December 20,2004 and follow-up
discussions with Mr. Wolinsku and Mr. Kelly Peterson on February 7, 2005. A cost
estimate for completing this work is attached as Table 1.
SCOPE OF WORK
R2 shall conduct fish and aquatic habitat surveys in selected streams and waterways
within the Kent city limits. The stream locations and methods to be used are as described
below.
Background and Rationale:
The City of Kent has commissioned a number of fisheries related studies to among other
things characterize the status of fishery resources, water quality conditions and general
habitat features within streams and waterways within its' city limits. The initial study
commenced in1993 and was conducted in the Mill Creek, Garrison Creek and
Springbrook systems and was completed in 1995 (Harza 1995). Additional work
completed in 1996(Harza 1996) and 1998 (Hama 1999) focused on streams witlun the
Meridian Annexation Area(during both survey times) and as well in 1998 four other
Kent area tributaries to the Green River. Most recently(2000), fish and habitat
assessments were conducted within the Mullen Slough Subbasin(Shannon and Wilson
2002). Water quality monitoring has likewise been completed in many of these same
streams(Taylor Associates 2000; URS 2000).
These studies have resulted in the collection of substantial data that have proven useful to
the City of Kent for planning purposes and for identifying and protecting streanvs that
either supported or could support salmonid fish during certain times of the year. The
revisions to the Critical Areas Ordinance and Stream Type Classifications proposed by
the City of Kent have implications relative to the degree of stream protection,primarily a
function of the width of buffer zones. The City of Kent has therefore requested that R2
conduct fish and aquatic ecological surveys within streams not previously surveyed and
1
R2 Resource Consultants EXHIBIT A February 8,2005
as well supplemental surveys within certain streams previously sampled, These latter
streams represent some of the more important salmomd bearing streams within the city
limits and for which repeated sampling will provide an index of abundance from which to
base and compare survey results of the unsampled sites.
Approach
Using a GIS based map of stream Typing Classifications provided by the City of Kent,
R2 identified locations of streams previously sampled(based on previous studies)as well
as streams and waterways for which no information has been collected. These latter
streams are presently classified as"Unknown"relative to fish species presence/absence
or habitat quality and are the focus of this study. Based on discussions with the City of
Kent, R2 has identified 17 new sites to be surveyed. In addition, R2 is proposing to re-
sample 11 "index"streams previously surveyed in 1996 and 1999 as a means to update
their fish presence/absence information to the proposed CAO and stream Type
Classification. R2 believes that the sampling of these 11 sites should provide information
useful for inferring fish use to other previously measured sites. Table 1 contains a listing
of all sites R2 is proposing to sample separated into two groups corresponding to "new"
and" old" (i.e.previously sampled) sites
Table 1. Locations of streams and channels with the City of Kent proposed for
sampling in 2005; identification of streams and channels based on reviews of
previous studies (see References) and on GIS map coverage and Stream Type
Classifications provided by the City of Kent.
Number Stream(New/Old) Location -Drainage Existing Type
Classification
1 East Fork Soosette(New) East of 144 Ave. SE Type 4—but not
sampled
2 Trib to W.Fork Soosette North of SE 288 St. Type 4—but not
t (New) sampled
3 Middle Fork Upper Mill Traverses 108 Ave Unknown—not
Creek(New) SE sampled
4 North Fork Upper Mill From State Rte 516 Type 5—but not
Creek(New) to below 108 Ave SE sampled
5 North Fork Upper Mill Segment from SE Unknown—not
Creek(New)(above 256t' to SE 248 St. sampled
culvert
6 Trib to Green River Just south of SE 277 Unknown—not
(New) St sampled
7 Lower Mill Creek About 'h mile of Type 3—but only
(Auburn)(New) segment extending segment above this
from SR 181 to reach has been
mouth with the sampled.
Green River.
2
R2 Resource Consultants EXHIBIT A February 8, 2005
8 Trib to Mullen Slough About''/z mile Unknown—not
(New) segment extending sampled
from SW Corner
Section 26 to just
below Kent-Kangley
Road
9 Lower Garrison Creek About 2/3 mile Unknown—not
(New) section extending sampled
south from Valley
Freeway to small
pond adjacent to 84 h
Ave S.
10 Benson Fork Garrison From channel split in Type 4 -but not
Creek(lower reach)(New) SE portion of Section sampled
18 to 98`'Ave.
11 Middle Fork Garrison Section extending Type 3—but not
Creek (middle northwesterly from sampled
reach)(New) Benson Road to 98'
Ave.
12 Trib to Garrison Creek Originates just above Unknown—not
(New) intersection of SE sampled
208 St and Valley
Highway and extends
northeaster)
13 Trib to Lower Mill Creek Extends parallel to S Unknown—not
(New) 212 St originating sampled
just west of East
Valley Hwy and
extending west to
junction with Lower
Mill Creek
14 Boeing Creek(New) From S 212 St east to Type 3—but not
68 Ave S and then sampled
north to SE 208 St.
15 West Trib to Lower Mill About 1200 ft Unknown—not
Creek(New) segment extending sampled
from West Valley
Hwy to confluence
with L. Mill Creek
16 South Trib (9 1)to Lower About 2/3 mile Unknown—not
Mill Creek(New) segment extending sampled
3
R2 Resource Consultants EXHIBIT A February 8,2005
from mid-upper
portion of Section 01
north to confluence
with L.Mill Creek
near SE 192 St.
(enters just
downstream from
West Trib.
17 South Trib (#2)to Lower About 2/3 mile Unknown—not
Mill Creek(New) segment extending sampled
from just below SE
192 St. north to
confluence with
Lower Mill Creek
just below its
confluence with
Lower Springbrook
Creek.
18 Meridian Valley Creek Reach runs diagonal Type 3 - Repeat survey
(Old) through Section 22 to document fish use
from SE 240 St to SE since earlier surveys;
256 St. indicator for other
Meridian streams
19 West Fork Soosette Site just above 132 Type 3 - Repeat of
Creek(Old) Ave SE within upper survey to document
NE portion of fish use since earlier
Section 33 surveys; indicator for
other Soosette Creek
streams
20 Upper Mill Creek(Old) Site just below Type 3 - Repeat of
Canyon Drive just survey to document
before the stream fish use since earlier
channel swings surveys; indicator for
directly north other Upper Mill Creek
streams
21 Middle Fork Garrison Site located near Type 3 —Repeat survey
Creek (Old) 218`h St.Bridge to document fish use
since earlier surveys;
indicator for other
Garrison and Benson
Creek systems
22 Lower Mill Creek(Old) Site just above SE Type 3—Repeat survey
192 St. on main to document fish use
channel since earlier surveys;
indicator for other
LMC streams
4
R2 Resource Consultants EXHIBIT A February 8, 2005
23 Lower Springbrook Creek Site on bend just Type 2 - Repeat �f
(Old) west of 80 PL South. survey to document
fish use since earlier
surveys; indicator for
other Springbrook
streams.
24 Clark Lake Outlet(Old) About ''/:mile of Type 4—Repeat survey
stream extending to document fish use.
from outlet to near
end of Section 16
25 Lower Midway Creek About %a mile Type 4—Repeat
(Old) segment extending portion of earlier
midway up and down survey
from SE 240`h St.
26 S. Tributary of Soosette About 1200 ft Type 4—Repeat
Creek(Old) segment just above portion of earlier
wetlands in middle of survey
Section 28
27 N Tnbutary West Fork About 1200 ft Type 3—Repeat of
Soosette Creek(Old) segment just above portion of earlier
confluence with NW survey
Trib. of West Frk
Soosette Creek
28 N.W. Tributary of West About 1200 ft Type 3 —Repeat of
Fork Soosette Creek(Old) segment just above portion of earlier
confluence with N survey
Trib. of West Frk
Soosette Creek
Study Site Selection—Final Study Design
Final selection of study sites and final study design shall be made in consultation with the
City of Kent Land ownership maps will be reviewed and to the extent possible, initial
selection of sites will focus on stream segments accessible to the public. R2 believes a
number of the candidate study sites will only be accessible through private property. For
costing purposes R2 has assumed that the City of Kent would take the lead in gaining
permission to access these streams. In the event access permission cannot be obtained,to
the extent possible and practical, R2 shall adjust the location of proposed sites. In some
cases, it may be necessary to simply omit sites if substitute locations cannot be found.
Data Collection and Analysis
R2 proposes to conduct the fish and aquatic habitat surveys using methods consistent
with those applied during earlier samplings. The surveys will consist of three
5
R2 Resource Consultants EXHIBIT A February 8, 2005
components—a) Habitat Surveys; b)Fish Sampling; and c)Benthic Macroinvertebrate
Sampling. The collection of benthhc macroinvertebrate samples will be limited to those
streams whose physical and hydraulic habitat characteristics are conducive to salmonid
production and/or salmonids were found during sampling. Details of each of these
components are described below.
Habitat Surveys-While the surveys will focus on sampling for fish, in particular
salmonids, R2 is proposing to conduct habitat surveys in each of the sampled streams.
For this,R2 is proposing to use the Urban Stream Baseline Assessment Method
(USBEM)that was developed by R2 for the Tri-County Urban Issues ESA Study(R2 et
al, 2000), The method can be applied relatively quickly and is focused oil evaluating
those factors that are good indicators of salmonid habitat use and suitability. It was
specifically developed for use on streams within urbanized or urbanizing settings such as
exist within the Kent city limits. The method is applied in two-phases with Phase 1 —a
Pre-Field Assessment that results in a preliminary determination of salmonid use
potential, and Phase 2—Field Assessment that includes measurement of a number of
habitat parameters including riparian condition, substrate composition, embeddedness„
basil-condition,passage conditions,pool frequency, large woody debris, and water
temperature. Benthic invertebrates are included as a component to USBEM as a means
for deriving Benthic—Index of Biotic Integrity(B-IBI) scores for comparison with other
1 Puget Sound systems. R2 proposes to complete the Phase 1 assessment in February-
March and the field surveys in March-April in conjunction with the fish surveys.
Fish Sampling-R2 is proposing a fish sampling approach similar to that used in
previous surveys (Harza 1996). For this, a two-tiered approach would be used with Tier
1 surveys being conducted in the spring(March-April) and focused on Juvenile salmonid
usage, and Tier 2 surveys completed in the fall and focused on spawning. The general
methods to be applied during these surveys are described below.
• Juvenile Salmonid Surveys (spring)—Juvenile salmonid presence or absence in
each of the streams shall be evaluated by R2 during March -April(period when
juvenile fish should be present in these systems)primarily by the use of
electrofishing techniques. For this,a representative segment of each stream(reach
lengths variable depending on channel widths; minimum length of 100 ft shall be
surveyed) shall be electrofished in an upstream direction(where conditions
permit) using a Smith-Root Mark VI backpack electrofishing unit(for small
streams) or a Coffelt Manufacturing Inc. VVP-15 variable voltage pulsator.
Straight DC voltages shall be used to produce electrotaxis, with settings consistent
with guidelines established by the Washington Department of Fish and Wildlife
(WDFW) guidelines (WDFW 1998). Supplemental seining may be completed if
problems are encountered with electrofishing(e.g. water depths too deep).
For all New sites, when salmonids are captured, R2 shall extend the sampling
effort upstream until a)no salmonids are captured(marking the upstream extent
of salmonid usage),b) an obstacle or feature is encountered that would prevent
upstream passage of salmonids (marking the upstream extent of salmonid
6
R2 Resource Consultants EXHIBIT A February 8,2005
passage), or c) access becomes restricted due to private land ownership.For this,
R2's costs assume an additional 4 hours of sampling will be needed for each New
site.
All salmonids captured shall be identified to species, hatchery marks noted,
weighed(nearest g) and measured(nearest mm) and released within their capture
site.Other fish species shall be identified to species, a subset(minimum 10 fish)
weighed and measured, and released.
• Salmonid Spawning Surveys (fall)—R2 shall conduct bi-weekly spawning
surveys over a three month period(October—December: 6 total surveys) within
selected portions of those surveyed streams possessing suitable spawning habitats t
(as identified from the habitat surveys). Results of previous studies suggest
spawning is limited in streams within the City of Kent and therefore R2's costs
are based on completing a total of six 1-day surveys at selected sites. Final
selection of streams to be surveyed shall be made in consultation with City of
Kent personnel (M.Knox).
Benthic Invertebrate Sampling—During the habitat surveys,R2 shall collect and retain
benthic macroinvertebrate(BMI) samples from each of the streams for which conditions
appear conducive forluventle Salmonid rearing. The collection of samples shall be made
using either a Hess sampler or D net kick sampler following WDOE protocols(a single
composite of three samples per site). The samples shall be preserved in 70%ethanol and
returned to R2. For cost purposes, we have assumed the BMI samples would be collected
from half of the new(about 8 samples)and all of the old sites(11 samples) —total= 19
samples. R2 also proposes to subsequently analyze these samples to the lowest practical
taxonomic level (Family or Genus level)and compute appropriate metres, including the
B-ML This will enable comparison of these values to other Puget Sound systems.
Reports -Results of these surveys shall be presented in two formats,a) field trip
completion reports(letter format) that will be prepared and submitted to the City of Kent
within one week following each field survey(7 letter reports— 1 spring survey, and 6
spawning surveys), and b) a final report. The final report shall,in addition to discussing
the results of the sampling completed as part of this study, integrate other salient
information relevant to the study sites. This would include but not necessarily be limited
to water temperature and other water quality data, fish stocking data,other fisheries data
readily available from other agencies and entities.The report will include as appendices
copies of all field forms and laboratory analysis(BMD.
Schedule—R2 proposes to complete this work in accordance with the following
schedule:
• Meeting to Finalize Study Plan with City of Kent—February 25,2005
• Apply for Collection Permits(applications already submitted)
• Complete Phase 1 habitat surveys (USBEM)—February-March
• Conduct Phase 2 habitat surveys,juvenile fish surveys and BMI
collection—March—April
7
R2 Resource Consultants EXHIBIT A February 8,2005
• Laboratory analysis BMI—May-June
• Conduct spawning surveys—October—November
• Draft Report submitted to City of Kent—on or before December 31,
2005
• Final Report—January 31, 2006
COSTS
Estimated costs for completing the work described above S 79,745.00. A detailed
breakdown of costs by task, labor hours and other direct costs is presented in Table 1.
REFERENCES
Harza. 1995. Final report, comprehensive fishenes assessment of the Mill Creek,
Garrison Crek and Springbrook system. Prepared for City of Kent, Environmental
Engineering.
Harza, 1996.Meridian Annexation Area fish habitat and fish population survey. Report
prepared for the City of Kent,Washington.
Harza, 1999. 1998 Fish habitat and fish population survey. Report prepared for the City
of Kent,Washington.
R2 Resource Consultants et al.2000. Tri-County ESA Guidance Document. Prepared on
behalf of the Tri-County Urban Issues Advisory Committee
Shannon&Wilson. 2002. Mullen Slough Subbasin habitat limiting factors report.
Report prepared for the City of Kent,Washington,Engineenng Department.
Taylor Associates.2000. City of Kent surface water quality program, 1999-2000
ambient monitoring, Final Report. Prepared for the City of Kent,Washington,
URS, 2000, Lower Mill Creek water quality characterization. Kent, Washington. Draft
Report, Prepared for the City of Kent, Washington.
8
Ita Rasam
R1 Rassarca CsnsaOaa6,ke
Febnary!,l005
Table 1.Total Labor Hours/Labor Colts and Other btrecl Costs by Task,and Total Co"
CRY OF KENT
FISH AND AQUATIC STUDIES RELA rFS110
CRY OF SENT PROPOSED CRITICAL AREAS ORDMANCE
Finalize SOudy PbN
Study Site Select A, Sprtm Fldd sonny Fail FkId Sarver ABR Lai Pn an
Hsarly Prelln.Hab Surreys tRa0,F0ar BMI) (Frey, Analysts; Report TOTAB
PERSONNEL Rate$ HratCsMS HraCnd HrsdCgd IIrYC" Rn/C-US Hrs/Csns
aDudley 0.ener,PhD �s Sw«In:«' .... .8 a� `,,. .... 4�. ,.,.....�,Ji N
Pruyea Man>ger/Senia EAIMOI W 51.21600 $1,23600 560800 $608 DO 53,04000 36,61100
Akre O1sar moo 24 16 I6 0 W 116
Dwivry PM Sema Fish BAopst $2,20100 51,472 DD SI,472 DO moo 57,36000 $12,311100
EM Jeana, 57900 0 4 0 0 0 4
Fish BrologW $000 531600 SOW Saw $000 S316Ao
Mote Gainer 37900 40 56 0 0 40 136
Fish BrologW/Watembed SWWat 53,16000 54,42400 $000 Saw $3,16000 $10,74400
Mmaa AM SO000 40 64 56 0 24 194
Fish Rfaogat 52,40000 S3,&000 W6000 $000 $1,44aOD SII,0WOO
Calhenoe Morello 56000 4 64 56 0 B 112
Fish Rrologat S240 DO 53.84000 53.36000 $000 $490 DO 57,9WOD
I nnoihy Nfglnmgale sow 0 56 0 111 40 309
Aquant Ecolog,n $000 $3,36000 5000 SC720 DO $1,40000 512,480W
Noble Hendnx,Ph D 57900 8 0 0 0 0 $
Bw mcunJPopulaum Modeling $63I 00 m DO SOOO SO DD SOW MI2 00
JoeOa 7ablmu S92A0 20 2 2 0 0 24
GIs III,M000 511400 11 BA 00 SOW 5000 32,20800
La"o ty Techmaaa 13L00 0 0 0 160 0 160
Invenebntas sow 5000 SO OD $61nao 0o Su W 36,010 DO
Jody Breckennipe 56600 2 2 2 2 2 10
Adwmstrawn/Contrwng 51360D $13600 $13600 Sim 00 51360D 168000
Loyce Pants 55300 0 2 2 2 80 96
Wad Pruig SOW 510600 $10600 slob 00 $4,2400D 1455t 00
RO,Torludsan $4100 2 2 2 2 8 16
C7e1c1d S94 W 19400 sw 00 594 CO 537600 S7520
ToW tabor Hour 14S 276 140 282 1011 114$
ToW� Ubm Cnsrs 1 511,926 00 511,988 00 59,32000 513,744 00 522,632 00 $76,610 00
ITEM TASK 3 1 TOTALS 1
. --,.. . x1-.e..�.«,c.,...-�.e '
OTHER DIRECT COSTS'•TRAVEL.SURSiSTFNOE.M16CL. '-
CammumW,onylcq D,=cc SSO W y S3000 moo 5000 S50 W VW DO
ShIPPingK'a W $2500 $250D so OD $000 55000) f100O0
SuiaoW 2 575 00 MOD 55000 SOW 111000
IWW I M W
ION ewiW $750 57 so $5 OD SOW $1000 63000
RS FIEIAeOFPICC EQUIPMENT USAGE
Canputa@SI0'hr SO DO 5000 so OD $8000 $24000 132000
GISfCADD@S IO/hr $16000 SOW $OW 3000 S16DOO DID 00
Rryiroduww S l lcppy N,;llltppy.<ulor s• $2500 $5000 $5000 S500D S30D 00 SITS00
Pax@Sl per page SIO DO SI0o0 slooe 310W $1000 ISDOO
Raeupad aecamhecka@75/day $000 $52500 SOOD SOW moo 02500
Fish pnwasmig packaac#Vdq $000 $3500 $000 $000 $000 S350D
In a cbmue mmpimg psdap C 10/day $OW S70 0D SOW SO W SOW 970 0D
JJydMiab Quota WQ vepler@ 75/day SOOO $37500 t-t 00 SOOO 5000 $6woo
Habra mappmt3 equip(&Ydq $000 $3500 $OW SOW $0DO Sae D0
R2 Vehrds Usage Spa mile S00D S26230 $11230 SOW $0 W S373 W
Subtow3 -- S1950D 5136250 D97 SO S14090 571000� 52,10500
PROJECT TO rALS S
Tad ODCS S 5277 50 SI,4451q $452 50 $140 W 5820 W I 1X133 W
Tad LW"Co S 511,92600 5t 6,988W $9.32000 $13,74400 522,63200 $7461000
TOTAL COSTS S $12,201.50 530.411.00 59,772.50 $13.894 W 523,452M M745.00
Kent City Council Meeting
Date March 15, 2005
Category Consent Calendar
1. SUBJECT: KING COUNTY INTERLOCAL AGREEMENT FOR
MAINTENANCE AND CONSTRUCTION SERVICES —
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the King County
Interlocal Agreement for maintenance and construction services with the City of Kent,
subject to review by the City Attorney.
L The City owns public roads, traffic devices and public lands which require occasional
maintenance and/or other types of construction improvements. Occasionally, the City
performs these tasks using the City's own equipment and staff. The City wishes to
have King County Road Services Division provide or perform certain services on an
"on call" basis because the County has some equipment and expertise that the City does
not have and because the County typically can provide these services efficiently and
cost effectively. If the City determines that the County's services can be accomplished
within the City's project timeframes and if the cost for the County's services results in a
cost savings for the City, the City will then sign an addendum, subject to City Attorney
review and further subject to Mayor and Council approval, as required by Kent City
Code.
3. EXHIBITS: King County Interlocal agreement
i4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
1 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
iINTERLOCAL AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF KENT FOR PROVISION OF SERVICES BY
THE KING COUNTY ROAD SERVICES DIVISION
THIS AGREEMENT is made and entered into by and between King County, hereinafter called the
"County," and the City of Kent, hereinafter called the "City"
RECITALS
L A. The City owns public roads and traffic devices which require maintenance and/or other
improvements.
B. The City wishes the County Road Services Division to provide or perform certain services for
the City.
C. The parties can achieve cost savings and benefits in the public's interest by having the County
complete those services for the City at the City's expense.
D. This Agreement establishes the City's role and responsibilities as the recipient of such services
and the County's role and responsibilities as the provider of such services.
E. The parties are authorized by RCW Chapter 39 34 to enter into an interlocal cooperation
agreement of this nature.
NOW, THEREFORE, the parties agree as follows:
TERMS AND CONDITIONS:
I. Services
1.1 The County Road Services Division will, upon the City's request,provide the City
with Traffic 'Maintenance, Road Maintenance, Construction Management and
Engineering, Environmental services and other road related services Examples of
the types of Traffic and Road Maintenance services to be provided are contained in
Exhibit 1 of this Agreement. The services provided to the City shall be any service
that the City requests to the extent that the County Road Services Division is able to
provide such service.
1.2 The County shall only perform services as requested by the City through the
procedure described in Section 2 below.
1.3 The County shall act as a contractor of services only and will not purport to
represent the City professionally other than in providing the services requested
1
1'A The County shall be the lead agency for the completion of work items requested by i
the City. The County shall provide services in the type, nature, and magnitude
requested by the City.
1.5 In the event either party decides to make changes to the work items requested that
alters the original scope of work, written notification from the City authorizing such
changes shall be required preceding any such work.
2. Procedure for Requesting Services
2.1 The City shall request services furnished by the County through the procedure
identified in Exhibit 2 of this Agreement.
2.2 The County shall provide the City with a cost estimate for individual service
requests
3. County and City Coordination
3.1 The City and County shall notify each other in writing of their respective operations
haison(s) responsible for administering day-to-day operational activities related to
the provision of services under this Agreement.
3.2 The County and City liaisons shall meet as needed to review performance or to
resolve problems or disputes Any problems or disputes which cannot be resolved
by the City and County liaisons shall be referred to the authorized City
representative and the Road Services Division Director.
4. Personnel and Equipment
4.1 The County is acting hereunder as an independent contractor so that:
a. control of personnel standards of performance, discipline, and all other aspects
of work shall be governed entirely by the County;
b. except as described in 4 3 below, all persons rendering service hereunder shall
be for all purposes employees of the County.
4.2 The County shall furnish all personnel,resources, and materials deemed by the
County to be necessary to provide the services herein described and subsequently
requested and authorized by the City.
4.3 In the event the County uses a contractor to perform one or more of the services
requested by the City, the appropriate supervision and inspection of the contractor's
work will be performed by the County
2
5. Compensation
5.1 Costs The City will pay the County for actual costs (direct labor, employee benefits,
equipment rental, materials and supplies, utilities,permits, and administrative
overhead costs) for the services provided by the County as set forth herein.
Administrative overhead costs for each work item shall be charged as a percentage
of direct labor costs.
5.2 Billing. The County shall bill the City monthly for the costs of services provided.
The monthly bill will reflect actual costs plus the administrative overhead set forth
in.Section 5 1 above Payments are due within 30 days of the City's receipt of said
invoice, with one percent per month interest being charged to the City as a
delinquent charge, starting 30 days after the billing date.
5.3 Extraordinary Costs. Whenever the City desires to modify a requested service,it
shall notify the County in writing of that desire, and the County shall,before
providing the modified service, advise the City in wntmg as to whether the
modification would result in any increased or extraordinary costs and the amount
thereof. If, after receiving such notification,the City authorizes the modification of
service in writing , then it shall be responsible for any increased or extraordinary
costs in the amount specified by the County. If the City decides not to authorize the
modification of service, it shall notify the county in writing, and advise the county
whether service shall continue as originally requested or the city cancels the request.
If the City cancels the request, the City shall be responsible for all cost incurred by
the County prior to and in connection with the cancellation.
6. City Responsibilities
6.1 The City hereby gives authority to the County to perform services within the City
limits for the purposes of carrying out this Agreement.
6.2 The City is responsible for obtaining any permits or other authorizations that may be
1 necessary for the County to carry out the work under this Agreement.
6.3 Nothing in this Section shall alter the status of the County and the Road Services
Division as an independent contractor of the City, and the County's actions shall not
be deemed to be those of the City when exercising the authority granted in this
Section 6.
7. County Responsibilities
7.1 The County shall furnish and supply all necessary labor, supervision,machinery,
equipment, materials, and supplies to perform the services requested by the City.
3
7.2 The County shall make every effort to recognize pertinent City deadlines for
completion of services, and shall notify the City of any hardship or other inability to
perform the services requested, including postponement of work due to
circumstances requiring the County to prioritize its resources toward emergency-
related work outside of the City limits.
8. Duration
8.1 This Agreement is effective upon signature by both parties, and shall remain in
effect for the remainder of the calendar year in which it is signed and throughout the
following calendar year.
8.2 Thereafter, this Agreement shall renew automatically from year to year effective
January 1 to December 31 of each calendar year,unless either party notifies the
other in writing to terminate or make substantial changes to this Agreement by April
1 of the preceding calendar year
9. Indemnification
Washington State law shall govern the respective liabilities of the parties to this Agreement
for any loss due to property damage or injury to persons arising out of activities conducted
pursuant to it.
10. Insurance
The County certifies that it is fully self-insured. r
11. Audits and Inspections
The records and documents pertaining to all matters covered by this Agreement shall be
retained and be subject to inspection,review, or audit by the County or the City during the
term of this Agreement and for three (3)years after termination.
12. Entire Agreement and Amendments
This Agreement contains the entire written agreement of the parties hereto and supersedes
any and all prior oral or written representations or understandings. This Agreement may be
amended at any time by mutual, written agreement between the parties.
13. Invalid Provisions
4
If any provision of this Agreement shall be held invalid, the remainder of the Agreement
shall not be affected if such remainder would then continue to serve the purposes and
objectives of the parties.
14. Other Provisions
14.1 Nothing contained herein is intended to, nor shall be construed to, create any
rights in any party not a signatory to this Agreement, or to form the basis for any
liability on the part of the City and the County, or their officials, employees,
agents or representatives, to any party not a signatory to this Agreement.
14.2 Waiver of any breach of any provision of this Agreement shall not be deemed to
be a waiver of any prior or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
14.3 The headings in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement
14.4 This Agreement contains the entire agreement of the parties and any
representations or understandings, whether oral or written, not incorporated herein
are excluded.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below
KING COUNTY CITY OF KENT
King County Executive City Mayor
Date Date
Approved as to Form Approved as to Form
King County Deputy Prosecuting City Attorney
Attorney
5
Exhibit 1
1. Traffic Services: The following are examples of traffic services provided by the County.
Actual services provided will be those requested by the City, and the County shall
provide such services in the magnitude,nature, and manner requested by the City. The
City shall set its own service level standards and policies for all roadway features. The
County is merely a contractor for the purpose of implementing City roadway service
standards and policies.
1.1 Sign Maintenance: Replacing faded sign faces and rotten posts, straightening
leaning posts, cleating uncleared posts, relocating signs for visibility or pedestrian
safety, maintenance of vandalized signs or signs damaged by vehicle accidents,
inspection of signs to check for reflectivity, cutting or trimming bushes or limbs
blocking visibility, removal of signs when appropriate, installation of new signs
upon City request
1.2 Signal Maintenance: Replacing and cleaning light systems for signal and flasher
displays and signs, installation and repair of vehicle detector loops, checking and
adjusting signal timing, examining traffic signal operation to assure it is operating
as intended, inspecting hardware for wear or deficiencies, testing and repairing of
electronic control devices and components, repair or replacement of signal and
flasher displays and supports or wiring external to controller cabinets, modification
of controller cabinets, testing of new and modified cabinets and control devices,
traffic counter testing and repair, preventative maintenance.
1.3 Sign Fabrication: Design and fabricate signs of any size as needed by the City.
1.4 Crosswalks: Refurbishing with thermoplastics and temporary tape and removal
when appropriate.
1.5 Stop Bars: Refurbishing with thermoplastics and temporary tape and removal when
appropriate.
1.6 Arrows/Legends: Remarking wom arrows and removing when appropriate.
1.7 Curb Painting: Maintenance of curbing, islands, and parking stalls.
1.8 Raised Pavement Markers: Removal and replacement of raised pavement markers
or rumble bars.
1.9 Striping: Painting linear road stripes on pavement, such as centerlines, edge lines,
radius and channelization, removal of lines, stripes, or symbols.
6
1.10 Street Lights: Replacement of light bulbs in existing street lights not maintained by
power companies,repair and replacement of street light heads,poles, or wiring.
1.11 Utility Locating: Locating underground traffic facilities for utilities or other
digging operations.
I1.12 Flasher/Crosswalk Preventative Maintenance- Examining to assure equipment is
operating as intended and inspecting hardware for wear or deficiencies.
2. Roadway Maintenance: The following are examples of roadway maintenance services
provided by the County Actual services provided will be those requested by the City,
and the County shall provide such services in the magnitude, nature, and manner
requested by the City. The City shall set its own service level standards and policies for
all roadway features. The County is merely a contractor for the purpose of implementing
City roadway service standards and policies
2.1 Traveled Roadway Surface: Patching, crack pouring,pre-level work, pavement
replacement, grading, dust control.
2.2 Shoulders: Restoration construction, paving, curb and gutter repair, spraying,
extending pavement edge
2.3 Drainage: Installation of drainage pipe, curb, catch basins, culvert headers/trash
racks, hand ditching, drainage pipe repair, catch basin and manhole cleaning, blade
ditching/shoulder pulling, drainage systems cleaning, pipe marking, drainage
preparation, catch basin repair, culvert header/trash rack replacement and repair,
bucket ditching, catch basin replacement, erosion control, catch basin/manhole
cover replacement, silt removal, Ditchmaster ditch cleaning.
2.4 Structures: Installation of rock, gabion and rip-rap walls, guardrails, fencing,
median barrier walls; rock wall repair or replacement, guidepost installation,
guardrail repair, retaining wall repair, median barrier replacement, guardrail post
removal, fencing repair, bridge repair.
1 2.5 Traffic and Pedestrian Facilities: Concrete sidewalk installation, sidewalk/walkway
repair, hazardous material cleanup, street sweeping, street flushing, snow and ice
control, maintaining traffic control barricades.
2.6 Roadside: Landscape restoration, slope/shoulder mowing, litter pickup,hand
brushing, danger tree removal, landscape maintenance, slide removal, ornamental
tree maintenance, tree trimming, hand mowing, roadside spraying, tansy ragwort
spraying, washout repair.
7
Exhibit 2
Services Request Process
1. City liaison completes a"Request and Approval for Services"(Form A attached).
2. City Mayor, or designee, signs under the heading"Authorization for Request of Services"
on the Form B.
3. The Form A is transmitted to the County liaison.
4. The County liaison delegates the request to the appropriate Section for review.
5. A County Section representative will complete Form A of the"Request and Approval for
Services " Form B will include the recommended action, cost estimate, and proposed
schedule. If the Road Services Division is unable to provide the requested service, a
notation will be made on the Form B, and the form will be returned to the City in a timely
manner
6. The County's cost estimate will include all applicable costs for the service requested as
described in Section 5 1 of the Agreement.
7. If the cost estimate is $500 or less, the County may proceed with the requested service as
authorized by the city representative on Form A. If the cost estimate is over S500,Form
B is transmitted to the City liaison for authorization. The signed Form B is then
transmitted back to the County.
8. The County shall complete the requested work upon receipt of the signed Form B. If the
County is unable to compete the work in accordance with the proposed schedule, it shall
notify the city immediately.
9. The County and City liaisons maintain a file of all service requests.
10. The County liaison maintains a tracking system of all the service requests and provides
the City with an updated report at least quarterly.
s
REQUEST AND APPROVAL FOR SERVICES
f CITY OF KENT
! FORM A
Request Number:
Date:
Nature of Request:
Location:
Requester Name:
Address:
Telephone:
Authorization for Request of Services:
City Authorized Signature Date
FORM B
Date: Project/Work Order Number:
Recommended Action:
Cost Estimate:
Proposed Schedule:
Authorization to Proceed: Date Completed:
Director, Road Services Division Date
■
City Authorized Signature Date
(if cost estimate over$500)
9
Kent City Council Meeting
Date March 15, 2005
Category Consent Calendar
1. SUBJECT: LINDENTAL WET WELL RECOATING PROJECT—ACCEPT AS
COMPLETE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
accept the Lmdental Wet Well Recoatmg project as complete and release retamage to
Pacific Concrete upon standard releases from the state and release of any liens. The
original contract amount was $23,696.64 The final contract amount was $52,376.32.
Adequate funds exist within the project to cover this overage.
3. EXHIBITS: Public Works Director's memo
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
t6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
PUBLIC WORKS DEPARTMENT
Larry Blanchard, Acting Public Works Director
. Phone 253-856-5500
Fax 253-856-6500
KEN T Address- 220 Fourth Avenue S
WASHINGTON
Kent,WA 98032-5895
DATE: February 17,2005
TO: Public Works Committee
FROM: Larry Blanchard, Acting Public Works Director
SUBJECT: Lindental Wet Well Recoating—Accept as Complete
MOTION Recommend to full Council acceptance of the project as complete upon standard
releases from the state and release of any liens
SUMMARY: Where field conditions required construction contracts to be exceeded by 10% of
the original bid amount the Public Works Department has sought committee concurrence
therewith prior to seeking full council acceptance of said contract This particular contract
required an additional $28,679.68 in order to rectify the conditions experienced under application
conditions, and said amount exceeds 10% As such the Public Works Department seeks Council
acceptance of the project as complete
BUDGET IMPACT- No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: The Lmdental sanitary sewerage pump station was constructed in 2000
At the time of construction, a coating was required on the interior of the sewage wet well to
prevent grease penetration into the concrete and assist with routine cleaning. The bond of the
coating product installed failed after the warranty period of the Contractors work had expired
The original low bid for the construction of the recoating project came in at $23,696.64. To
perform the work, the Contractor was required to install by-pass pumps and pipes to pump
sewerage around the wet well and prevent a surcharge in the collection system The original
contract amount included by-pass pumping for 3 days and recoating of the bottom 8 feet of the
wet well After the sewerage was removed and sandblasting was underway, it was discovered
that more of the original coating bond had failed and required removal (approximately an
additional 2 to 4 feet) This resulted in higher time, matenal, and equipment costs for the
Contractor By the time the additionall coating material was obtained, installed, and cured, it
resulted in an additional 4 days of by-pass pumping Staff negotiated a change order costs of
$28,679 68 for the additional work.
The total contract amount is $52,376 32.
Mayor White and Kent City Council Lmdental Wet Well Recoating—Accept as Complete
1
Kent City Council Meeting
Date March 15, 2005
Category Consent Calendar
1. SUBJECT: SPRINGBROOK CREEK RESTORATION IMPROVEMENTS
PROJECT—ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the Springbrook Creek Restoration Improvements project as complete and
release the retamage to Buckley Nursery Co., Inc. upon standard releases from the state
and release of any liens. The original contract amount was $252,621.09. The final
contract amount was $211,106.74.
3. EXHIBITS• None
I4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
l6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
Kent City Council Meeting
Date March 15, 2005
Category Consent Calendar
1. SUBJECT: PUMP STATION NO. 5 GENERATOR UPGRADE PROJECT—
ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the Pump Station#5 Generator Upgrade project as complete and release the
retainage to TRB Contracting, Inc. upon standard releases from the state and release of
any liens. The original contract amount was S84,102.40. The final contract amount
was $87,964.19.
3. EXHIBITS• None
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
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. 6J
Kent City Council Meeting
Date March 15, 2005
Category Consent Calendar
1. SUBJECT: PACIFIC HIGHWAY SOUTH 2O04 STORM DRAIN PROJECT—
ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the Pacific Highway South 2004 Storm Drainage project as complete and release
retamage to Pivetta Brothers, Inc. upon standard releases from the state and release of
any hens. The original contract amount was $539,700.50. The final contract amount
Iwas $426,843.99.
3. EXHIBITS: None
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
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. 6K
i
rKent City Council Meeting
Date March 15, 2005
Category Consent Calendar
1. SUBJECT: 2004 CONSOLIDATED ANNUAL PERFORMANCE
EVALUATION REPORT (CAPER)—APPROVE
2. SUMMARY STATEMENT: Approve the 2004 Consolidated Annual Performance
and Evaluation Report (CAPER) and authorize the Mayor to submit the report to HUD.
The 2004 Consolidated Annual Performance and Evaluation Report (CAPER) for the
City of Kent, Washington is a report to the U.S. Department of Housing and Urban
Development (HUD) on the City's activities and accomplishments using Community
Development Block Grant (CDBG) funds and other funds. The report is required by
HUD annual and must be submitted by March 31, of each year. The Report includes
information on how CDBG funds were used to further the goals and strategies of the
Consolidated Plan, as well as other activities executed by the City.
3. EXHIBITS: 2004 CAPER
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
iCurrently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
j6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6L
CONSOLIDATED
ANNUAL
i PERFORMANCE AND
j EVALUATION
REPORT
i 2004
CITY OF KENT, WASHINGTON
PARKS, RECREATION & COMMUNITY SERVICES DEPT.
i HOUSING AND HUMAN SERVICES DIVISION
KEN T
Ww6N1„OTOM
CITY OF KENT, WASHINGTON
CITY COUNCIL
Mayor: Jim White
Council President: Tim Clark
Council Member: Ron Harmon
Council Member: Julie Peterson
Council Member: Deborah Ranniger
Council Member: Debbie Raplee
Council Member: Les Thomas
Council Member: Bruce White
HUMAN SERVICES COMMISSION
Chair: Cathy Peters
Commissioner. George Adams
Commissioner. Jon Botten
Commissioner. Dini Duclos
Commissioner. Brett Hollis
Commissioner: Perry Raak
Commissioner: Rod Saalfeld
Commissioner: Edna White
City Council Member. Debbie Raplee
DEPARTMENT OF PARKS & COMMUNITY SERVICES
Director: John Hodgson
HOUSING & HUMAN SERVICES DIVISION
Manager: Katherin Johnson
CDBG Coordinator: Dinah R Wilson
Senior Human
Services Coordinator: Manna Hanson
Resource&Referral: Jason Johnson
Specialist
TABLE OF CONTENTS
INTRODUCTION.................................................................................4
PART ONE:ASSESSMENT OF GOALS AND STRATEGIES........................4
Housing and Homeless Prevention Strategies.... . . ..4
Livable Communities Strategies............... ................................. 6
Economic Development and Employment Strategies..........................6
2004 CDBG Programs/Projects .. . ...................7
Affirmatively Further Fair Housing What actions were taken? ............... 6
Affordable Housing- Evaluation of progress in meeting objectives....... .. . .9
Continuum of Care . . . . .............. ..... ....10
Leveraging Resources..................................................................11
Citizen Comments.. . ....I...... .11
Self-Evaluation.What progress was made in meeting priority needs?.... ... ....11
PART TWO:ADDITIONAL PROGRAM NARRATIVE... .................................13
Relationship of Use of CDBG Funds to the Priorities,Needs, Goals,
And Specific Objectives Identified in the Consolidated Plan...... ..13
Nature of and Reasons for Any Changes in Program Objectives . . . .13
Assessment of Grantee Efforts in Carrying Out the Planned Actions
Described in the Action Plan ....... .... ....13
Were Funds Used Exclusively for the Three National Objectives... . 14
Narrative of Activities Involving Acquisition,Rehabilitation, or Demolition
Of Occupied Real Property and How Relocation Was
Accomplished.... ................... .. . ..................14
1� Economic Development Activities Where Jobs Were Not Taken
By Low/Moderate-income Persons.... . ..............14
Narrative Report Regarding Loan Repayments ..... ............................. 15
Narrative Description of Rehabilitation Programs . ............................ . .15
Conclusion.. ... .... . ... ... . ............................ .15
ATTACHMENTS
Attachment A Information from HUD's Integrated Disbursement and
Information System(IDIS)
Attachment B Community Development Block Grant(CDBG)and
Human Services General Fund Allocation for Program Year 2004
INTRODUCTION
The Consolidated Annual Performance and Evaluation Report(CAPER)for the City of Kent,Washington for program
year 2004 is a report to the U.S.Department of Housing and Urban Development(HUD)on the cites activities and
accomplishments using Community Development Block Grant(CDBG)and other funds. The City(hereinafter
referred to as the City)uses all of its CDBG funds to support human services activities and human services planning
and administration In 2004, HUD allocated$953,000 in CDBG funds to the City
Overall,the City accomplished the activities outlined in the 2004 Action Plan. CDBG funds were expended in
conjunction with$592,173 in funds allocated from the City's General Fund budget to provide for a wide range of
human services and affordable housing needs instead of prioritizing one area of human services,the City supports a
continuum of services. This strategy calls for collaborative efforts with regional municipalities, King County,state
government,United Way of King County, and other non-profit organizations to build a strong community safety net.
In addition,collaboration allows for visionary planning and comprehensive development of services that respond to
the needs of City residents and the regional community.
PART ONE: ASSESSMENT OF GOALS STRATEGIES
HOUSING AND HOMELESS PREVENTION STRATEGIES
Goal H1:Expand homeownership opportunities throughout the community for all income groups.
Strategy HI.A:Increase the percentage of homeownership in Kent.
The City's Home Repair Program focuses upon the rehabilitation of housing that is owned and occupied by
low/moderate-income families residing in the City. The following outcomes were achieved through this program:
• An improvement in the condition of homeowners;and
• An increase in the ability of seniors and persons with disabilities to sustain independent living.
Goal H2:Expand the range of affordable housing choices available to meet the needs of both current Kent
residents and residents projected in growth estimates.
Strategy H2.A:Maintain the existing stock of affordable housing.
The City allocated$363,550 to the Home Repair Program in 2004; 151 new households received assistance. The
City also amended its 2003 Action Plan in 2004 and recaptured and additional$90,184 for home repair assistance.
Through its commitment of funds to the home repair program,a significant number of City residents remained in their
homes rather than being relegated to homelessness or forced to move into unaffordable housing.
In addition to the Home Repair Program,the City's Human Services Division includes a Resource and Referral
Specialist who provides housing resource and referral information to City residents The Resource and Referral
Specialist provided residents with key information on affordable housing opportunities and developed relationships
with housing advocates and landlords to expand the range of affordable housing choices.
Goal 1,13:Provide stable,service-enriched housing for homeless persons and persons with special needs. ,
Strategy H3.A:Actively support regional and sub-regional efforts to provide a coordinated continuum of
housing and services for the homeless. Assure the interests of South King County are included in the newly
forming countywide planning process to end homelessness.
Staff participated in the Safe Harbors Operations Committee. Safe Harbors is a sub-regional group that is
developing the Homeless Information Management System that is mandated by HUD. Staff also worked with a sub-
regional group that was organized by King County to draft a county homeless encampment policy Finally,staff
served on two housing/shelter grant review panels McKinney and Regional Affordable Housing Program(RAHP
grant funds are generated from a document recording fee imposed by the Washington State Legislature to be used
for low-income housing)
Strategy H3.B:Provide enhanced case management and stabilization services linked to transitional
housing services for homeless persons.
The City executed the following initiatives to implement Strategy H3.B:
• Provided$9,620 to Catholic Community Services to support shelter and case management services for
homeless women in recovery
• Provided$16,430 to Valley Cities Counseling to support case management services for homeless
individuals in the City of Kent
• Provided$35,750 to the YWCA to support a transitional shelter for domestic violence survivors residing in
the City.
Strategy H3.C:Increase housing stabilization for those who are homeless or at risk of becoming
homeless.
The City increased housing stabilization for the homelesslat risk homeless by funding the Multi-Service Center
Housing Stability Project with a$24,150 CDBG award. This project provided housing stability grants to low-income
homeless individuals to prevent eviction or to assist with move-in costs.
LIVABLE COMMUNITIES STRATEGIES
Goal Cl:Address issues of inclusion and Integration.
Strategy Cf.A:Increase inclusion of immigrants,refugees,and people of color in the life of the Kent
community.
The City recruited a volunteer to translate the Home Repair Program application and brochure into Spanish. The
Spanish version of Help Yourself to a Healthy Home(a brochure on household environmental safety)was acquired
for Spanish-speaking Kent residents
Goal C2:Create a community that supports healthy individuals and families.
Strategy C2.A:Build neighborhood centers/local access to services.
The City provided$55,900 to the City of Kent Parks,Recreation and Community Services to renovate Springwood
Park,a neighborhood park that is located in a low/moderate-income neighborhood The project is near completion
and includes the purchase of playground equipment,bollards,park benches,picnic tables,and trash cans
A$50,000 CDBG award was provided to Children's Therapy Center to support the acquisition of property and
building adjacent to the current facility to provide neuro-developmental services to children over the age of three.
The City continued its collaboration with non-profit providers to acquire the"One Stop Service Center"to provide a
central location to meet the human services needs of low/moderate-income customers.
The City of Kent sponsored a two-day youth conference entitled Game of Life 2004:Attitudes and Choices. Staff
participated by facilitating a workshop in which a panel of students discussed racial and ethnic diversity issues that
they face at home and at school.
Staff participated in the Communities in Schools collaboration to provide mentoring services in elementary schools
located in lowlmoderate-income neighborhoods.
Strategy C1.B:Create a community that supports healthy families.
The City provided$35,750 to Community Health Centers of King County to provide primary medical and natural
medicine services to low/moderate-income patients
The City provided$10,625 to the Church Council of Greater Seattle Emergency Feeding Program to support the
purchase of emergency feeding bags to individuals and families in need
ECONOMIC DEVELOPMENT AND EMPLOYMENT STRATEGIES
Goal El:Improve the potential for Kent residents to obtain and retain livable wage jobs.
Strategy E1.A:Support multi-dimensional approaches linking services to jobs to improve the ability of
people to obtain,progress in,and retain livable wage jobs.
The City allocated$150,000 to its first Community Based Development Organization(CBDO)activity in 2004 Funds
were provided to the Multi-Service Center Economic Development Program to provide Kent residents with services
to improve employment skills and to increase economic development opportunities Components of this project
included intake,employment plan development,workplace literacy assessment/classes,small businessimicro-
enterprise development,and child care scholarships Funds were also provided to this project to support child care
scholarships through Child Care Resources to allow low-income parents to take advantage of employment training to
enhance employment skills.
Goal E2:Increase opportunities for businesses to develop and expand in Kent,with particular focus on small
business and micro-enterprises.
Strategies E2.B:Develop incentives and supports for small businesses.
The City funded Green River Community College's Small Business Assistance Center through the Multi-Service
Center Economic Development Program to provide technical assistance for micro-enterprise and small business
development
2004 PROGRAMS/PROJECTS(APPROVED BY CITY COUNCIL ON October 21,2003)
The City of Kent supports housing and human services agencies with funds for on-going programming;a g.,feeding
programs,medical services,housing stability,domestic violence shelter,etc,through its CDBG entitlement It is the
City's policy to support human service programs that meet one of the City's priorities. (A complete list of all agencies
supported by the City, including CDBG-funded projects and General Fund-funded projects is attached) The
following organizations were awarded CDBG funds in 2004
Capital Projects
• Children's Therapy Center.$50,000
Funds used to support the acquisition of property and a building adjacent to the current facility to provide
neuro-developmental services to children over the age of three.
• Kent Home Repair Program:$363,550
Funds used to rehabilitate housing that is owned and occupied by low/moderate-income families residing in
the City of Kent.
• Kent Youth and Family Services:$169,642(active project,funds allocated in 2003)
Funds used to purchase and install an elevator and new doors to make the Kent Youth and Family Services
fatality accessible to disabled customers
• Kent Parks Department—Springwood Park:$55,900
Funds used to upgrade Spnngwood Park,a neighborhood park in a lowlmoderate-income community.
i • Multi-Service Center:$150,000
Funds used to support the Multi-Service Center Economic Development Program to provide Kent residents
with services to improve employment skills and to increase economic development opportunities.
Public Services Projects
• Catholic Community Services:$9,620
Funds used to provide shelter and case management services to homeless women in recovery.
• Church Council of Greater Seattle Emergency Feeding Program:$10,625
Funds were allocated to provide emergency feeding bags containing nutritionally balanced and diet-specific
meals to low/moderate-income needy individuals/families.
• Community Health Centers of King County.$35,750
Funds used to provide 300 medical visits and 165 natural medicine Visits to 132 low-income Kent clients.
• Multi-Service Center:$24,150
Funds used to provide housing stability grants to low-income or homeless individuals to prevent eviction or to
assist with move-in costs.
• Valley Cities Counseling:$16,430
Funds used to provide case management services to homeless individuals residing in the City of Kent.
• YWCA Anita Vista Transitional Housing:$35,750
IFunds used to provide shelter to domestic violence survivors
Planning and Administration: $190,600
• Funds used to administer the City of Kent CDBG projects and engage in planning activities.
AFFIRMATIVELY FURTHER FAIR HOUSING:WHAT ACTIONS WERE TAKEN?
Because the City does not have a fair housing ordnance,complaints received by the City are referred to the
Washington State Human Rights Commission for investigation under the Washington State Law Against
Discrimination The Washington State Law Against Discrimination was determined to be substantially equivalent to
the Fair Housing Act. No fair housing complaints were filed against the City in 2004.
Prior to receiving its direct allocation of CDBG funds,the City of Kent was a member of the King County Consortium
and joined the County to perform an Analysis of Impediments(AI)to Fair Housing Choice within King County Now
that Kent is a CDBG Entitlement City,it is conducting an independent Al and hired a consultant in December 2004
The City's Al will include the following components
• A comprehensive analysis of impediments to fair housing choice; and
• Recommendations related to impediments.
The City has scheduled a Fair Housing Forum on February 17, 2005 and will gather information from the
public on what City of Kent businesses and semce providers have proactively done to stop
discrimination in housing as well as to ascertain whether residents encounter discrimination
as they seek to find housing. Based on recommendations made by the consultant and input
received from the community, the Cry will develop a plan of action steps to take to eliminate
identified impediments The Al report will be available by Apnl 15, 2005
AFFORDABLE HOUSING: EVALUTE PROGRESS IN MEETING SPECIFIC OBJECTIVE OF
AFFORDABLE HOUSING
As noted in the 2003—2007 City of Kent Consolidated Plan, the City of Kent's comprehensive plan is Y
consistent with the Countywide Planning Policies that include policies to support housing
affordabildy
The Countywide Planning Policies require that alliurisdictions"provide for a diversity of housing types to
meet a variety of needs and provide for housing opportunities for all economic segments of
the population ° The policies further call on all jurisdictions to participate in an equitable
distribution of low-income and affordable housing throughout the County
A variety of strategies have been adopted by the City to encourage affordable housing and to remove
barriers to affordable housing development. Following is an evaluation of progress in
meeting the specific objective of affordable housing:
Maintaining Existing Stock of Affordable Housing
Home Repair Program
The City of Kent has an existing stock of smaller, older, and more affordable homes These are particularly
located adjacent to the downtown core. The City preserves this housing through the Home
Repair Program and other investments In addition to preserving housing, the City's
investment avoids costs of new development on the same location
Units Preserved Through Home Repair Program Rehabilitation
2003 2004
New Households Assisted: 140 New Households Assisted: 151
Percentage Increase: 8%
New Funds for Affordable Housing
Regional Affordable Housing Program
In 2002, the Washington State Legislature passed a bill levying a surcharge on document recordings to
generate a new source of operating and maintenance funds for emergency and transitional
housing The first grants for the Regional Affordable Housing Program (RAHP) were
' awarded in 2004 Staff participated in the application review process. A total of$204,653
was awarded to South King County projects.
1 Legal Protections for Mobile Home Park Residents
Relocation Report and Plan Required Prior to Eviction
A new ordinance was added to the Kent City Code (Kent City Code 12.05.320) which states that mobile
home park owners must file a relocation report and plan prior to issuing an eviction notice
pursuant to change of use or a park closure. The mobile home park owner must help the
tenant to relocate and make any state or federal required relocation payments The
relocation plan and report must be approved by the Housing and Human Services Manager.
These requirements ensure that the interests of tenants are taken into consideration before a
mobile home park is closed or a mobile park owner files a change of use permit
CONTINNUM OF CARE
The City of Kent participates regionally with the Seattle/King County Continuum of Care for the application and
distribution of HUD funds for homeless programs through McKinney funds, Emergency Shelter Grant(ESG)and
HOME funds In addition to regional participation,the City takes action on its own to support a continuum of services
for homeless individuals.
In 2004,the City supported a number of programs that provided assistance to homeless persons and persons
requiring supportive housing. Support for these programs came from a combination of City General Fund and CDBG
Iresources Included were.
R1 Catholic Community Services Emergency Assistance Program—emergency motel vouchers
for individuals and families and emergency financial assistance
0 Catholic Community Services Katherine's House-transitional housing for women
0 Church Council of Greater Seattle Emergency Feeding Program--emergency food bags and
referrals for homeless and others seeking food
0 DAWN Domestic Violence Shelter Program-confidential emergency shelter for victims of
domestic violence and their children
0 Homeless Mobilization Outreach Effort(HOME)—emergency shelter for homeless men
0 Home Repair Program-grants for health and safety-related repairs for low/moderate-income
homeowners
0 Kent Food Bank—emergency financial assistance and food bags
0 Kent Youth and Family Services Watson Manor—transitional housing for parenting teens
0 Multi Service Center Energy Assistance—financial assistance for energy bills
0 Multi Service Center Housing—emergency and transitional housing for women and families
0 Multi Service Center Housing Stability—grants to prevent eviction or to assist with move-in
costs
0 Valley Cities Counseling—case management services for homeless individuals
0 YWCA Anita Vista-transitional housing for domestic violence survivors
The City also provided services to persons with disabilities at the Kent Resource Center, respite and adult day health i
care for the frail elderly at the Senior Center,and escorted transportation services for seniors living independently in
the community. ,
LEVERAGING RESOURCES
In 2004,CDBG funds were used in conjunction with $592,173 in local funds to address human services needs.
Community agencies report that for every$1 provided by the City of Kent another$7 is leveraged Community
agencies receive the balance of their funding from other federal agencies,the State of Washington, King County,
local municipalities,United Way and other charitable giving campaigns,foundations,private donations and
fundraising.
CITIZEN COMMENTS
Members of the public were notified in the King County Journal of the availability of this CAPER for review prior to its
submittal to HUD. The public notice was published on Friday,February 4,2005 The King County Journal is the
City's official publication of record.
SELF-EVALUATION: WHAT PROGRESS WAS MADE IN MEETING PRIORITY NEEDS?
The overriding priority for human services expenditures has been to continue to support the wide continuum of
services. Funds expended in 2004 continued that policy. The City is meeting its requirements for housing
development and affordable housing as agreed to by the King County Growth Management Planning Policies
adopted by the region in 1993
The City s allocations of Human Services Funds and CDBG resources met its goal of responding to the needs of the
community The City's nine-member Human Services Commission,a citizen's advisory body to the City Council,
reviews the human service issues of the Kent community on an ongoing basis and recommends funding allocations
based on the current needs Emerging issues in the past several years have included the increased demands for job
training and workforce development,improving the domestic violence system, and addressing needs of the
immigranthefugee population.The City's senior population will increase disproportionately in the next few years,
necessitating the need to increase supports to low/moderate-income seniors and the frail elderly including housing
and human services Funding reductions at federal,state,and local levels continue to impact the stability of the
human services system
r
Performance Based Outcomes
The City evaluates the outcomes of its general fund contracts by requiring the annual submission of program
i outcome reports by service recipients. In addition to providing the City data on the number of service units that are
provided,outcome based evaluations provide data on how clients and the greater community are impacted by funded
services.CDBG Public Service agencies that were already using Outcome Based Measurement were asked to
include CDBG programs on a voluntary basis in 2003,with the understanding that mandatory outcome based
evaluations would be submitted in 2004 Data results demonstrate that clients were significantly impacted by funding
allocations. (See Part Two:Assessment Efforts in Carrying Out the Planned Actions Described in the Action Plan.)
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PART TWO: ADDITIONAL ..,
RELATIONSHIP OF USE OF CDBG FUNDS TO THE PRIORITIES, NEEDS, GOALS,AND SPECIFIC
OBJECTIVES IDENTIFIED IN THE CONSOLIDATED PLAN
CDBG funds and the$592,173 allocated from the City's General Fund provide the foundation for the City's
efforts in human services. The combined funds are allocated by the City Council based on
recommendations by the City's Human Services Commission. The Commission is a nine-
member citizen advisory body appointed by the Mayor and confirmed by the City Council to
provide guidance to the City on human services related issues. The Commission reviews
the data from a number of assessments, demographic reports and plans to develop priorities
for funding, and then calls for applications from the community Applications for capital-
related needs are also sought from human services agencies;e.g, renovation of office or
counseling space,projects to acquire/preserve affordable housing, etc Only CDBG funds
may be expended on capital projects.
The City seeks to maximize use of the 15 percent cap on public services for CDBG funds The City elects to spend
the maximum 20 percent for planning and administration However,in 2004 only 17 percent was expended.
NATURE OFAND REASONS FOR CHANGES IN PROGRAM OBJECTIVES
There were no changes to program objectives in 2004.
ASSESSMENT OF GRANTEE EFFORTS IN CARRYING OUT THE PLANNED ACTIONS DESCRIBED IN
THE ACTION PLAN
A majority of CDBG public service funded projects met or exceeded the performance measures required by
contract. The following outcomes were reported on CDBG-funded projects which ended December 2004:
AGENCY_, " r OUTCO1dES
Catholic Community Services ➢ 100%of clients leaving shelter found permanent housing and
remained sober'
Church Council of Greater ➢ 95%of clients reported that emergency food packs would effectively
Seattle Emergency Feeding meet nutritional needs for two days
Program
Community Health Centers of ➢ 44%of clients received medical careltreatmentz
King County
Outcome report submitted for first three quarters only,as clients are allowed to remain in shelter for up to two(2)
ears and only one client left shelter.
Cntenon used to determine whether indicator was met was whether children between 24 and 35 months old were
recorded in the CHILD Profile Immunization Registry,which documents whether the child receiving services had
specific immunizations The decrease in immunization rates was due to the agency's change in data collection(rates
1
1
AGENCY OUTCOMES7 F,-��"_
Kent Home Repair Program ➢ 97%of homeowners receiving rehabilitation assistance reported a
moderate to significant improvement in their living conditions.
Multi-Service Center Economic ➢ 94%of clients completed at least one scheduled task within 30 days
Development Program of completing an employment plan.
Multi-Service Center Housing ➢ 86%of clients receiving eviction assistance or move-in costs during
Stability Program the first and second quarters of 2004 remained in housing six months
after receiving assistance.
Valley Cities Counseling ➢ 94%of homeless clients received outreach/case management
services
YWCA Anita Vista Transitional ➢ 100%of the bed-nights projected were provided to domestic violence
Housing survivors
WERE FUNDS USED EXCLUSIVELY FOR THE THREE NATIONAL OBJECTIVES?
tAll CDBG funds were used exclusively to meet one of the three national objectives, primarily to benefit
low/moderate-income residents
NARRATIVE OFACTIWTIES INVOLVING ACQUISITION, REHABILITATION, OR DEMOLITION OF
OCCUPIED REAL PROPERTYAND HOW RELOCATION WAS ACCOMPLISHED
No CDBG or City funds were expended for activities that required relocation actions in 2004
ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT TAKEN BY LOW/MODERATE-
INCOME PERSONS
No economic development activities were undertaken involving the creation/retention of jobs.
NARRATIVE REPORT REGARDING LOAN REPAYMENTS
The City did not use CDBG funds to enter into loans.
NARRATIVE DESCRIPTION OF REHABILITATION PROGRAMS
The Home Repair Program is available to remedy health/safety-related repairs in the homes of low/
moderate-income homeowners. Low/moderate-income clients qualify for a grant of up to$5,000 for minor
repairs to their homes Typical projects include roofs, plumbing, and electncal improvements A total of
151 households were assisted in 2004.
CONCLUSION
The City and its funded programs successfully met the needs of the Kent Community in 2004. The
community worked collaboratively to leverage resources and to respond to ongoing and emerging human
services issues In addition,the City expended a portion of its CDBG funds on capital projects to increase
or enhance services to Kent residents CDBG funds, local funds, and funds from other governmental
entities were critical in protecting the safety net in the City and the South King County region.
1
1 higher when medical charts are also examined) The agency is in the process of entering medical chart data into
CHILD Profile and once this is completed,percentage will increase
ATTACHMENT A
INFORMA7ON FROM HUD'S INTEGRATED DISBURSEMENT AND INFORMATION SYSTEM(IDIS)FOR
PROGRAM YEAR 2004
ATTACHMENT B
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)AND HUMAN SERVICES GENERAL FUND
ALLOCATION FOR PROGRAM YEAR 2004
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Kent City Council Meeting
Date March 15, 2005
ICategory Bids
1. SUBJECT: CENTRAL AVENUE SIDEWALK REPLACEMENT—AWARD
2. SUMMARY STATEMENT: The bid opening for this project was held on March 7,
2005, with 9 bids received. The low bid was submitted by Pacific Rim Construction in
the amount of$283,000.65. The Engineer's estimate was $360,369.40.
1
3. EXHIBITS: Public Works memorandum
4. RECOMMENDED BY: Staff
1 (Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
IExpenditure? X Revenue? _
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION: ?
ICouncilmember -A/ " moves, Councilmember seconds
to authorize the Mayor to enter into a contract to award the Central Avenue Sidewalk
Replacement contract to Pacific Rim Construction in the amount of$283,000.65.
IDISCUSSION: Ytio
ACTION: rV%C-
Council Agenda
Item No. 8A
I
PUBLIC WORKS DEPARTMENT
Larry Blanchard Public Works Director
• Phone 253-856-5500
Fax 253-856-6500
K E N T
' W A s H i N c r o N Address 220 Fourth Avenue S
Kent,WA 98032-5895
March 7, 2005
TO: Mayor White and Kent City Council
FROM: Dennis Johnson, Project Engineer
THROUGH: Larry Blanchard,Public Works Director
SUBJECT: Central Avenue Sidewalk Replacement—Smith Street to Gowe Street
Bid opening for this project was held on March 7,2005 with nine bids received The low bid
was submitted by Pacific Rim Construction in the amount of$283,000.65. The Engineer's
1 estimate was $360,369 40. The Public Works Director recommends awarding this contract to
Pacific Run Construction.
Bid Summary
Pacific Rim Construction $283,000 65
Dennis R Craig Construction, Inc. $303,853 38
Rodarte Construction, Inc. $321,448.73
Kemper Construction Corp. $332,186.00
Construct Co. L.L C $332,466 86
R W. Scott Construction Co. $337,336.36
Road Construction Northwest, Inc. $339,321 12
GMT, Inc $357,777 80
1 ICON Materials $399,925 28
Engineer's Estimate $360,369.40
i
t
I
t
Mayor White and Kent City Council Central Ave Sidewalk Replacement-Award Bid
March 15,2005
1
tREPORTS FROM STANDING COMMITTEES AND STAFF
' A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE 1`7
D. PUBLIC WORKS w S- �M
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
t �L� rnovich -2, 1
c L -6k L
F. PARKS AND HUMAN SERVICES COMMITTEE V
j 17 G? Lf
G. ADMINISTRATIVE REPORTS " l z o /Y �
y� GLC+�
W �e.Q CAN a-" J
l pV "_EPORTS FROM SPECIAL COMMITTEES �b
i
1
PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES
JANUARY 19, 2005
COMMITTEE MEMBERS: Chair Tim Clark, Ron Harmon,Bruce White
The special meeting was called to order by Chair Clark at 4:15 P M
Approval of November 29,2004 Minutes
Member White MOVED and Member Harmon SECONDED to adopt the minutes as amended
with the following corrections 1) Changing the Critical Areas Ordinance motion to indicate that
Member Harmon made the initial motion rather than Chair Clark and 2) changing the statement
made by Member White to say "Member White suggested that an environmentally sensitive
development company such as Polygon Development would be a good place for a study to
demonstrate an environmentally sensitive project " Motion Passed 3-0.
Approval of December 6,2004 Minutes
Member White MOVED and Member Harmon SECONDED a motion to adopt the minutes as
amended with the following correction 1) Changing a motion with regards to the Muth
Amendment to indicate that Member White SECONDED that motion rather than Member Clark.
Motion passed 3-0.
Critical Areas Ordinance(CAO)ZCA-2002-4
Ms. Marousek reiterated the history of the CAO presenting two options to the Committee. CD
Director Fred Satterstrom presented a third option proposed by the State Department of Ecology,
suggesting this issue be tabled until the Planning and Economic Development Committee's
February meeting, to give the State enough time to work with the development community and
city staff in reaching a mutual consensus, and holding a new hearing for consideration of this
third option.
Chair Clark submitted the following correspondence for the record: 1) One letter from Mr.
Huffman with Master Builder's Association of King & Snohomish Counties dated 1/19/05
established as Exhibit Number 29; 2) Two letters from John Mauro with the Livable
Communities Coalition established as Exhibit Numbers 22 & 23; 3) One letter from Don Shaffer,
Kent C.A R E.S. established as Exhibit Number 28; 4) One letter from Council Member Les
Thomas established as Exhibit #27, describing the rationale for his support of Option 2
suggesting a textual change concerning Best Available Science. Ron Harmon MOVED and
Bruce White SECONDED a motion to accept the documents into the record Motion passed 3-0.
Garrett Huffman, Master Builders Association submitted a letter for the record established as
I Exhibit Number 29 in support of Option 2 and Joe Schuler, 277ffi St. SE voiced concerns with
flooding issues connected with his property located along Mill Creek on 277t'.
John Mauro, Director of Livable Communities Coalition spoke about why the CAO does not
follow Best Available Science or the Growth Management Act mandates. He indicated that
neither option would adequately protect critical areas and questioned the long term impacts to the
city, including the potential for an eroding quality of life. He stated that the coalition supports
buffer averaging not buffer reductions; mitigation must achieve no-net-loss so the replacement
ratios are far below what is recommended by the State; penalties for violations need to be
increased.
1 Rita Bailie, 20607 1015t Ave SE, Kent, WA, spoke about tax issues related to public cost if
critical areas are not protected and stated that she would possibly consider Option 3.
Robert O'Brien. 1131 Seattle SE, Kent, WA voiced his opposition to this ordinance and would
like to see more science applied. He stated that housing costs will rise if buffers are increased.
John Welch, 11405 SE 196a, Kent, WA stated that he owns ten acres on Panther Lake He
stated that increasing buffer widths would create adverse economic impacts for the city. He ,
spoke to GMA infill mandates. He stated that he would evaluate Option 3 after provisions have
been made for primary stakeholders, citizens and property owners to be involved in the review
process.
Richard Robohm, Department of Ecology, Northwest Regional Office, 3190 160d' Ave. SE,
Bellevue recapped points from his November 29 testimony before the PEDC He stated that the
ordinance is based on best available science which has been thoroughly reviewed. He spoke
about the benefit of wetland buffers for water quality and wildlife habitat purporting that
increasing buffers by 25 feet would provide minimal protection for some functions.
Seeing no further speakers, Chair Clark declared the public hearing closed. r
After deliberations, Member Harmon MOVED and Member White SECONDED a motion to
hold a new public hearing in consideration of Option 3, at the February meeting of the P&EDC;
meanwhile allowing the State Department of Ecology and Community Trade and Economic
Development time to meet with interested parties and with staff in an effort to reach consensus
on the proposed wetland regulations. Any revised alternatives will be made available to the
public for review in advance of the February meeting. Motion CARRIED 3-0.
Downtown Strategic Action Plan (DSAP)
Planner William Osborne submitted two faxed documents for the record from Don Shaffer, Kent
C.A.R.E.S. received on January 18d' and January 19th 2005, with the first concerning the
Comprehensive Plan Amendment process and the second concerning the DSAP update and the
Kent Urban Center. Member Harmon MOVED and Member White SECONDED a Motion to
accept these documents into the record Motion CARRIED 3-0
Lotto/Toppano Amendment CPA-2004-4(C)/CP2r2004-5
Planner William Osborne stated that City Council at their January 46,meeting requested that staff
consider reducing the proposed NCC zoning for the subject site from 4 to 3 acres, provisions for
a buffer of an indeterminate distance (up to fifty feet) between the expanded commercial zone
and the single family residential zone, and use of design review Osborne presented proposed
amendments to the original LottolToppano amendment
Chair Clark submitted two letters from Barghausen Consulting Engineers for the record
established as Exhibit Numbers 4& 5.
Chair Clark declared the Public Hearing Open.
Chris Ferko, Barghausen Engineers, 18215 72"d Ave. S, Kent, WA as the applicant proposed a
condition for approval of a 25-foot buffer along the north and east property Imes to include
Type I vegetative screening landscaping located between the future commercial development
and the future Kent Highlands PUD. He indicated the willingness to discuss all architectural
design options for the project as a condition. _
Mr. Ferko spoke about the awkward split zoning on the site needing correcting, the provision
made for a pedestrian connection between the proposed PUD and the subject site were it
developed with a commercial component and the prohibition they have proposed against
development of a gas station on site even though zoning would this use. He stated that the single
access point on 116d' hinders development of this site as infill and is a unique consideration in
regards to comp plan policies which encourage infill of existing commercial sites.
Planning&Economic Development Committee Meeting O1119105
Page 2 of 3
Gary Young, 11624 SE 5`', Suite 200, Bellevue, WA voiced support of this amendment as the
applicant has worked to reach a compromise with the neighbors and to meet the city's
requirements. He stated that he supports development of the four acre site.
Seeing no further speakers, Member Harmon MOVED and Member White SECONDED a
Motion to close the public hearing. Motion Carried.
Mr. Osborne addressed the details of the Lotto/Toppano proposal with the committee. City
Attorney Tom Brubaker discussed the legal implications of applying conditions to a rezone. He
stated that the law provides for conditional rezones where there is a good solid bans for it.
Chris Ferko submitted a letter for the record established as Exhibit #7, outlining 3 proposed
conditions for consideration by staff as part of their application.
Member Harmon MOVED and Member White SECONDED a Motion to accept and approve the
Lotto Property rezone application with the following conditions as therein amended in the letter
of January 19, 2005; 1) gasoline service stations are prohibited; 2) the future development of the
property shall include a 25-foot wide buffer with Type 1 landscaping provided adjacent to the
north and east property lines with a contingency made for pedestrian connections between the
commercial and residential development. 3) and development of the property shall be consistent
with the Comprehensive Plan Land Use Policies LU-14.5 and LU-14.8, for the portions of the
building facing the north and east sides of the property and shall include architectural design
variation, such as fenestration, accents, overhangs, modulation, colors, and/or materials to avoid
long, monotonous uninterrupted walls or roof planes Motion PASSED 3-0.
Member White MOVED and Member Harmon SECONDED a Motion to forward the Downtown
Strategic Action Plan Update Amendment and the 2004 Annual Comprehensive Plan and Zoning
Map Amendments which includes the Lotto/Toppano amendment proposal as approved by the
P&EDC to the next Full City Council meeting of February 1, 2005. Motion PASSED
Adiournment
Chair Clark adjourned the meeting at 5.50 pm
Pamela Mottram,
Admin Secretary,Planning Services
S TermttTlanTlanntngCommttteeU005Mtnates1011903mtndoc
iPlanning&Economic Development Committee Meeting O1/19/05
Page 3 of 3
KEN..
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OPERATIONS COMMITTEE MINUTES
FEBRUARY 15,2005
Committee Members Present: Chair Tim Clank and Bruce White
Julie Peterson was absent.
The meeting was called to order by Tim Clark, Chair at 4 03 p in.
There were two (2) Add-On Items Item No. 3 was the Approval of Inter_Agency
Agreements with King County for Fire Stations 75 and 76, and Item 4 was the Buieau of
Justice Assistance FY 2005 Grant.
1. APPROVAL OF MINUTES DATED FEBRUARY 1.2005
Bruce White moved to approve the minutes of the February 1, 2005, Operation
Committee meeting. Tim Clark seconded the motion, which passed 3-0, with Julie
Peterson's concurrence.
2. HEARTLAND LCC CONTRACT FOR 2005
Economic Development Manager Nathan Torgelson presented the Heartland LLC Contract for
2005. Mr Torgelson advised that the City has negotiated a 2005 contract with Heartland LLC
for real estate advisory services Heartland, led by Managing Director Jun Reinhaidsen, «as
instrumental in the Kent Station purchase and sale agreement, development agreement and the
CC&Rs negotiations, and with the negotiations for the sale of the Impoundment Reservoir ,
Property The City wishes to build on Heartland's expertise and e-\penence with the Kent
market and downtown Kent and use Heartland to assist the City in 2005 with positioning the
Kent Municipal Lot Block for redevelopment, for additional advisory services related to the
sale of the balance of the Kent Station property, and for other real estate matters N1r.
Torgelson further advised that this contract Neill be funded through part of the $100,000
Municipal Lot Block project fund allocated in the 2005 budget, and through the Kent Station
Project budget.
Bruce White moved to recommend a contract with Heartland LLC not to exceed $75,000
for real estate advisory. Tim Clark seconded the motion, which passed 3-0, pith Julie
Peterson's concurrence.
Operations Committee Minutes
February 15 2005
Page: 2
1 3. APPROVAL OF INTER-AGENCY LEASE AGREEMENTS WITH KING
COUNTY FOR FIRE STATIONS 75 AND 76(ADD ON ITEM)
Fire Chief Jim Schneider presented the Add-On item of the biter-Agency Lease Agieetnents
between the City of Kent and king County for Medic One units at Fire Stations 75 and 76.
Chief Schneider advised that these agreements mere entered into based upon the need to add
paramedic units to the Valley area (Station 76) and to maintain the current medic unit at
Station 75 (near Soos Creek). The attached agreements are annual agreements which renew
every two years and are identical to the previous agreements except the monthly lease fee was
increased by CPI and the tern of the agreement was extended(years 2005 through 2006). The
attached agreements have received approval from the City Attorney's office.
Bruce White moved to recommend placing the renewal of lease agreements Niith Ding
County on the Consent Calendar of the March 1, 2005 Council 11leeting and authorizing
the Mayor to sign the two (2) agreements. Tim Clark seconded the motion, which passed
3-0, «ith Julie Peterson's concurrence.
4. BUREAU OF JUSTICE ASSISTANCE FY 2005 GRANT
Police Chief Ed Crawford presented the Add-On item to request the Bureau of Justice
Assistance FY 2005 Grant. Chief Crawford stated that the Cnt_v of Kent's allocation for FY
2005 is $48,260. The grant funds would support crime investigations with the puichase of
equipment, supplies and training Theie is no city funding match required, although the grant
program encourages a match. The grant application nnust be available for review no less than
30 days prior to the deadline of March 31, 2005 There is no budget mlpaet for this grant and
the grant program replaces the Local Law Enforcement Block Giant(LLEBG).
Bruce White moved to recommend the Council authorize the Kent Police Department to
apply for the Bureau of Justice Assistance FY 2005 Grant and placing this on the
Consent Calendar of the March 1, 2005 Council 11leeting. Tim Clark seconded the
motion,which passed 3-0,with Julie Peterson's concurrence.
The meeting was adjourned at 4 15 p m.
Renee Cameron
LOperations Committee Secretary
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