HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/18/2006 AGEN -DA
City of Kent
City Council Meeting
Agenda
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July 18, 2006
Mayor Suzette Cooke
Deborah Ranniger, Council President
Councilmembers
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
Bob O'Brien Elizabeth Watson
KEN T
WASHINGTON
City Clerk's Office
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KENT CITY COUNCIL AGENDAS
KENT July 18, 2006
"^-S.1 °T°N Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President
1 Tim Clark Ron Harmon Bob O'Brien
Debbie Raplee Les Thomas Elizabeth Watson
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Puget Sound Access Studio Report Keri Stokstad 15 min
2. Regional Water Issues Larry Blanchard 30 min
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— Citizens may request that an item be added to the
agenda at this time. Please stand or raise your hand to be recognized by the
Mayor. po
4. PUBLIC COMMUNICATIONS! ""
A. Public Recognition � /1�tyU^"' ', 0�,�L
B Community Events -
C. National Night Out -
5. PUBLIC HEARINGS
A. LID 329—Traffic Signal at 74th Avenue South and SR 516, Final Assessment
Roll, Ordinance (QUASI-JUDICIAL PROCEEDINGS)
6. CONSENT CALENDAR
A Minutes of Previous Meeting—Approve
B. Payment of Bills —None
C. Purchase of Self-Contained Breathing Apparatus— Authorize
D. U.S. Department of Education Grant—Accept and Establish Budget
(Continued)
COUNCIL MEETING AGENDA CONTINUED
E. Washington Traffic Safety Commission Grant—Accept and Establish Budget
F. August 1, 2006, Council Meeting Time Change—National Night Out—Authorize
G. Bill of Sale, 100th Avenue Sewer Extension—Accept
H. Bill of Sale, F & R Country Estates—Accept
I. Bill of Sale, Selbourne Lane— Accept
J. Traffic Safety School Fee Increase—Approve and Amend Budget
K. Congressional/Legislative Support Contract—Authorize 6
7. OTHER BUSINESS
A. Lake Meridian Outlet Project Cooperation Agreement
8. BIDS
None
' 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A. Property Acquisition
B. Pending Litigation
12. ADJOURNMENT
INOTE: 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 complete 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.
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
1 interest, so all may be properly heard
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
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B) COMMUNITY/EVENTS
C) NATIONAL NIGHT OUT
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Kent City Council Meeting
Date July 18, 2006
Category Public Hearings
1. SUBJECT: LID 329 —TRAFFIC SIGNAL AT 74TH AVENUE SOUTH AND
SR 516, FINAL ASSESSMENT ROLL, ORDINANCE
(QUASI-JUDICIAL PROCEEDING)
2. SUMMARY STATEMENT: As established by Council, this date has been set for
the public hearing on the confirmation of the final assessment roll for LID 329. The
City has determined that certain properties are specialty benefited by the traffic signal
installed at the intersection of 74`h Avenue South and SR 516 (Willis Street) and has
proposed to proportionately assess these properties in accord with those special
benefits. Because the proposed final assessment roll affects specific, individual
property owners, the Council sits in a quasi-judicial capacity as a board of equalization
for this matter The Public Works Director will make a presentation, followed by a
brief informational statement from the City Attorney before opening the hearing.
3. EXHIBITS: Ordinance and Public Works Director's memorandum
4. 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 $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to adopt Ordinance No. ,%Q2 which approves and confirms the final assessment roll
on Local Improvement District 329 concerning a traffic signal at 74th Avenue South
and SR 516.
DISCUSSION: W2
ACTION: C,
Council Agenda
Item No. 5A
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington,
approving and confirming the assessments and assessment
roll of Local Improvement District No. 329 for the
installation of a traffic signal at the intersection of 741n
Avenue South and State Route 516 within the City, as
provided by Ordinance No. 2722, and levying and
assessing a part of the cost and expense thereof against
the several lots, tracts, parcels of land and other property
as shown on the assessment roll.
RECITALS
A. The assessment roll levying the special assessments against the
property located in Local Improvement District No. 329 in the City of Kent, Washington
(the"City'), has been filed with the City Clerk as provided by law.
B. Notice of the time and place of the hearing to make objections and
protests to the roll was published at and for the time and in the manner provided by
law fixing the time and place of the hearing for July 18, 2006, at 7:00 p.m., local time,
in the Council Chambers in the City Hall, Kent, Washington, and further notice of the
hearing was mailed by the City Clerk to each property owner shown on the roll.
1 LID 329 Fina/Assessment
Roll- Ordinance
506848692
C. At the time and place fixed and designated in the notice, the hearing
was held, all written protests received were considered, and all persons appearing at
the hearing who wished to be heard were heard, and the City Council, sitting and
acting as a Board of Equalization for the purpose of considering the roll and the special
benefits to be received by each lot, parcel, and tract of land shown upon that roll,
including the increase and enhancement of the fair market value of each parcel of land
by reason of the improvement, overruled all such protests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
ORDINANCE
SECTIONI. - Roll Confirmation. The assessments and assessment roll of
Local Improvement District No. 329, which has been created and established for the j
purpose of installing a traffic signal at the intersection of 74`h Avenue South and
State Route 516 within the City, as provided by Ordinance No. 2722, as the same
now stands, is approved and confirmed in all things and respects in the total amount
of $597,410.03.
SEC7ION2. - Soecia/Benefit. Each of the lots, tracts, parcels of land, and
other property shown upon the assessment roll is determined and declared to be
specially benefited by this improvement in at least the amount charged against
those properties, and the assessment appearing against them is in proportion to the
several assessments appearing upon the roll. There is levied and assessed against
each lot, tract, or parcel of land and other property appearing upon the roll the
amount finally charged against the same.
2 LID 329 Final Assessment
Rol/- Ordinance
506948692
SECTION — Notrce of Roll. The assessment roll as approved and
confirmed shall be filed with the Finance Director of the City for collection, and the
Finance Director is authorized and directed to publish notice as required by law
stating that the roll is in the Director's hands for collection and that payment of any
assessment or any portion of that assessment can be made at any time within thirty
(30) days from the date of first publication of that notice without penalty, interest,
or cost, and that thereafter the sum remaining unpaid may be paid in ten (10) equal
annual installments of principal and interest. The estimated interest rate is stated to
be six percent (6.0 %) per annum, with the exact interest rate to be fixed in the
ordinance authorizing the issuance and sale of the local improvement bonds for
Local Improvement District No. 329. The first installment of assessments on the
assessment roll shall become due and payable during the thirty (30) day period
commencing one year after the date of first publication by the Finance Director of
notice that the assessment roll is in his hands for collection, and annually thereafter
each succeeding installment shall become due and payable in like manner. If the
whole or any portion of the assessment remains unpaid after the first thirty (30) day
period, interest upon the whole unpaid sum shall be charged at the rate as
determined above, and each year thereafter one of the installments, together with
interest due on the unpaid balance, shall be collected. Any installment not paid prior
to expiration of the thirty (30) day period during which that installment is due and
payable shall become delinquent. Each delinquent installment shall be subject, at
the time of delinquency, to a charge under Kent City Code Section 3.22.030 of a
penalty levied on both principal and interest due upon that installment equal to the
rate fixed in the ordinance authorizing the issuance and sale of the local
3 LID 329 Final Assessment
Rol/- Ordinance
506848692
improvement bonds for Local Improvement District No. 329, plus five (5) percent.
All delinquent installments also shall be charged interest at the rate as determined
above. The collection of delinquent installments shall be enforced in the manner
provided by law.
SECTION 4, — Severabi/ity. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 5. - Effective Date. This ordinance shall take effect and be in force
five (5) days from and after its publication as required by law. ,
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
FOSTER PEPPER PLLC
Special Counsel and Bond Counsel
Passed the day of July, 2006.
Approved the day of July, 2006.
Published the day of July, 2006.
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4 LID 329 Final Assessment
Roll- Ordinance
506848692
CERTIFICATION
I, the undersigned, city clerk of the city of Kent, Washington, hereby certify as
follows:
1. The attached copy of Ordinance No. is a full, true and correct copy
of an ordinance duly passed at a regular meeting of the city council of the city held at
the regular meeting place thereof on July , 2006, as that ordinance appears on the
minute book of the city; and the ordinance will be in full force and effect five (5) days
after the publication of its summary in the city's official newspaper; and
2. A quorum of the members of the city council was present throughout the
meeting and a majority of those members present voted in the proper manner for the
passage of the ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this day of July,
2006.
1 CITY OF KENT, WASHINGTON
BRENDA JACOBER, City Clerk
r
�r
1 506848692 LID 329 Final Assessment Roll Ordinance
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
K E N T Phone 253-856-5500
WASHiNGTON Fax 253-856-6500
Address 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 10, 2006
To' Mayor and City Council
City Council Meeting Date: July 18,2006
From: Tim LaPorte, Design Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject. L.I.D. 329: Traffic Signal at 74`h Ave. South and SR 516
Public Hearing for Confirmation of Final Assessment Roll
July 18, 2006 has been scheduled for the confirmation hearing on the final assessment roll for
L I D. 329
Background/History:
The Foster Industrial Park was platted in 1986 The property is located between SR167 and the
Union Pacific Railroad along 741h Avenue South between SR 516 and the Green River. See
attached map The developer, Jim Foster, met with the City in December 1986 and requested
that the City form an L 1 D for the installation of a traffic signal at the new intersection of 74`h
Ave. S and SR 516, the primary access to the industrial park. Resolution of Intent #1129 was
passed on April 1, 1987 and Ordinance 2722 was passed on May 5, 1987 forming the L LD and
ordering the construction of the signal. There were no protests received on the formation of the
L.1 D
1 Initially the project was on hold since signal warrants were not met and we couldn't get a signal
permit from the Washington State Department of Transportation (WSDOT) With development
of the park and increased traffic flows, it appeared that a permit could be obtained in 1998 That
fall a signal consultant was hired for the design work. Finally we received authorization from
WSDOT to construct in 2002.
Due to the 16-year span from the time the L.LD was formed to the time of construction and
various project requirements, the construction cost estimate exceeded the original cost estimate
and preliminary assessment roll amount. Also, upon development of the property in the area,
various original lots were combined and several lot line adjustments were approved Therefore,
in 2002 the City calculated revised preliminary assessments and notified the property owners of
the new assessment amounts prior to construction. The City also requested input from the
property owners to determine if they wished to proceed or not considering the higher cost
estimate Eighty eight percent of the property owners wanted to proceed Based on this input
the City proceeded with the construction. A contract was awarded to Signal Electric on April 21,
LID 329 final confirmation hearing memo doc
Project 487-3004
File 70 4
2003 The construction project was accepted as complete by City Council on August 17, 2004.
The next step is to confirm the final assessments roll
Confirmation of the assessments had been on hold due to the amount of a Union Pacific Railroad
bill as discussed below. However, it is proposed to confirm the assessment roll at this time. On
June 20, 2006 City Council set July 18, 2006 for the public hearing and the appropriate
notifications were made.
Proiect Improvements:
The project included the installation of a traffic signal at the intersection of 74th Ave S. and SR
516 including interconnection with other City signals and the railroad signal To accommodate
the new signal, various intersection improvements were installed including paving, sidewalks,
wheelchair ramps, curbing, channelization, signing, bollards, fencing, landscaping and storm
drainage. Also as part of the project, the Union Pacific Railroad installed a signal interne with
the railroad crossing signal to provide advanced preemption for the roadway signal due to the
close proximity of the new signal to the railroad crossing. The intertie allows the signal to stay
green when a tram is approaching to prevent a traffic backup onto the tracks.
Proiect Funding:
Final L.I.D. Assessments: $597,410.03
The City owns two properties within the L I.D. These properties compose the detention pond
and park property on the south side of S. 259'h St adjacent to the river and are assessments 9 and
10 as shown on the attached map. The total City assessment is $83,410.10.
There is a disputed bill from the Union Pacific Railroad for their work on this project. The
amount was substantially more than the estimate given to us in 2002 that was included in the
revised assessment calculation mentioned above. This dispute is unresolved, however, the
proposal is to finalize the L I D. based on the 2002 revised assessments. This means that the
City may eventually be responsible for an additional portion of the project cost The City has
paid the Union Pacific Railroad the original amount of the agreement and has asked for
justification of the additional cost. If the City eventually pays the full amount of the railroad bill,
the total project cost wilt be about $815,066 which is an additional $217,656 more than the final
assessment. This additional cost would not be charged to the property owners.
Assessment Method:
The total L.I.D. assessment of$597,410.03 was distributed over the benefiting properties within
the L.I.D. boundary based on the square footage of the parcels
Payment of Assessment:
Upon Council passing the ordinance confirming the final assessment roll, there is a 30-day
period in which any portion or all of the assessment can be paid without interest charges. After
the 30-day period, the balance is paid over a ten-year period wherein each year's payment is one-
tenth of the principal plus interest. The interest rate is determined by the market at the time of
the bond sale.
LID 329 final confirmation hearing memo doc
Project#87-3004
File 70 4
Special Benefit to L.I.D. Properties:
Special benefits is the enhanced property value the property received as a result of the
improvements The Courts give the agencies a strong presumption that the property is in fact
specially benefited unless evidence proves otherwise. In the case of a traffic signal at an
intersection on a high volume road such as is the case with this project, the properties using the
intersection receive the benefit of improved ingress and egress to their businesses thereby
enhancing the desirability of the property to a buyer
Summary: The project is complete and we are ready to confirm the final assessments by
Ordinance.
1
LID 329 final confirmation hearing memo doc
Pro/eU#87-3004
File 70 4
CONSENT CALENDAR
6. Citv Council Action:
Councilmember moves, Councilmember ( jCt"L
seconds to approve Consent alendar Items A through-K--S'
Discussion
Action wi Ci
' 6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of July 5, 2006.
6B. Approval of Bills.
Numbers are not available for approval.
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Council Agenda
Item No. 6 A-B
• Kent City Council Meeting
KENT July 5, 2006
W 5 H I N G T O N
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke.
Councilmembers present Clark, Harmon, O'Brien, Ranniger, Raplee, Thomas and Watson
(CFN-198)
CHANGES TO THE AGENDA
B From the Public. (CFN-198) Other Business Item 7C was added and Executive Session
Item 1 I was removed by the Chief Administrative Officer.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Mayor Cooke introduced Ben Wolters, the City's new
Economic Development Manager.
B. Community Events (CFN-198) Mayor Cooke commented on the 41h of July Splash, and
announced the upcoming Cornucopia Days, Arts Show and Summer Concert Series.
C. Employee of the Month (CFN-147) Mayor Cooke announced that KC Cooper of the Parks
Maintenance Division has been named Employee of the Month for July, and presented him with a
plaque
D. Recreation and Parks Month. (CFN-118) Mayor Cooke declared the month of July 2006 as
Recreation and Parks Month and encouraged all citizens to participate in recreation, park and leisure
activities.
CONSENT CALENDAR
RANNIGER MOVED to approve Consent Calendar Items A through L. Clark seconded and the
motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of June 20, 2006
were approved
B. Approval of Bills. (CFN-104) Payment of the bills received through June 1 and paid on June 15
after auditing by the Operations Committee on June 20, 2006 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/15/06 Wire Transfers 2463-2482 $1,668,401 00
6/15/06 PrePays &
6/15/06 Regular 594779-595600 2,352,673.50
Use Tax Payable 3,43607
$4,024,510 57
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Kent City Council Minutes July 5 2006
Approval of checks issued for payroll for June 1 through June 15 and paid on June 20, 2006-
Date Check Numbers Amount
6/20/06 Checks 291284-291594 $ 241,792.17
6/20/06 Advices 197898-198590 $1,280,352 84
Total Regular Payroll $1,522,145 01
C. Clearwire US LLC, Lease Agreement. (CFN-1038) The Mayor was authorized to sign a lease j
agreement with Clearwire US LLC for its use of a portion of the site developed by T-Mobile (Voice
Stream) on City property at 23825 981h Avenue South.
D. Puget Sound Energy Easement, 277th and Green River Road. (CFN-1038) The Mayor was
authorized to sign an easement granting Puget Sound Energy nghts to install a natural gas pipeline on
City property located north of South 277`h Street and east of the Green River Road.
E. King County Office of Emergency Management Grant. (CFN-122) The Mayor was
authorized to sign a grant agreement with the King County Office of Emergency Management in the
amount of$3,000 to be used for the design and purchase of CERT training display materials which
will be used at various public events. This is a collaborative project that includes Renton, Federal
Way, and King County Fire District 40
F. King County Office of Emergency Management Grant for Cert Training Courses.
(CFN-122) The Mayor was authorized to sign a grant agreement with the King County Office of
Emergency Management in the amount of$12,000 to be used to reimburse the costs for coordination
of two Community Emergency Response Team (CERT) refresher training courses. This is a
collaborative project that includes Renton, Federal Way, and King County Fire District 40
G. Wireless Data Network Access in Police Patrol Vehicles. (CFN-122) The negotiation and
execution of a Data Services Contract with Verizon Business Networks to equip all police patrol
vehicles with the software and hardware needed to provide wireless data network access to the City's
data network from any location in the City or western Washington was authorized.
H. Resolution Ratifying Amendments to Countywide Planning Policies. (CFN-961) Resolution
No. 1727 ratifying the proposed amendment to the Countywide Planning Polices to add acreage to
the City of Kent's Potential Annexation Area and designating South Lake Union as an Urban Center
was adopted.
1. PBX Telephone System Maintenance Contract. (CFN-1172) The Information Technology
Department was authorized to enter into contract negotiations with Venzon Business to provide
telephone system maintenance services for an annual price not to exceed $52,000, and the Mayor was
authorized to execute said contract after it has been approved by the City Attorney's Office.
J. Adesa Marshalling Yard Bill of Sale. (CFN-484) The Bill of Sale for Adesa Marshalling Yard
for 2 water gate valves, 2 hydrants, 116 linear feet of watermain, I sanitary sewer manhole, 50 linear
feet of sewer, and 430 linear feet of streets was accepted. This project is located at 26600 —72"d
Avenue South
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Kent City Council Minutes July 5, 2006
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OTHER BUSINESS
A Kent Events Center Feasibility Study. (CFN-1305) Chief Administrative Officer Hodgson
explained the proposed events center and the feasibility study He noted that the Seattle
Thunderbirds Hockey Team would be the anchor tenant, and outlined other uses of the center,
economic impacts, funding options, parking concerns, traffic impacts and so forth Mayor Cooke
added that an oversight committee has been formed
B. Kent Events Center Consulting Contract. (CFN-1305) The Mayor noted that an amendment
to the contract with Brailsford & Dunlavey is needed CLARK MOVED to authorize the Mayor to
amend the contract with Brailsford & Dunlavey to include consulting work on the Events Center in
an amount not to exceed $40,000. Ranmger seconded and the motion carried.
ADDED
C. Critical Areas Ordinance. (CFN-961) The City Attorney gave an update on the status of this
matter and noted that Councilmembers have been presented with a memo from the city's
Environmental Engineering Manager Mike Mactutis listing five options for middle ground between
the state and the city. He added that one of the options is off the table since the State will not
consider it, leaving four options available. Mactutis then outlined the four options and noted that
staff recommends Option 2A or Option 3. Brubaker and Mactutis responded to questions from
Councilmembers, and WATSON MOVED to take further comments to Executive Session Thomas
seconded. Brubaker addressed the procedural status of the case, the ordinance, Option 3A, and a
possible avenue for Council to adopt the King County standards. Upon a suggestion by Harmon,
Watson and Thomas agreed to continue the regular meeting before discussing this issue during the
executive session The motion then carried.
REPORTS
A. Council President. (CFN-198) Ranniger reiterated that the Parks & Human Services Committee
meeting times has been changed from 4 00 p.m to 5 00 p in on the third Thursday of each month,
and that Councilmember Raplee will replace Harmon She also noted that the Public Safety
Committee meetings will be held on the second Tuesday of each month at 5.00 p in., with
Councilmember Harmon as Chair The next Public Safety Committee meeting will be on July 11 and
the next Parks Committee meeting is on July 20
D. Planning and Economic Development Committee. (CFN-198) Harmon noted that the next
meeting will be on July 17` at 4.00 o'clock, and that commercial trucks in residential areas will be
discussed He also noted that residential development standards will be presented in four public
iforums on July 11, July 19, July 20 and July 25.
G. Public Works Committee. (CFN-198) Raplee noted that the next regular meeting will be on
Monday, July 17` at 5 00 p.m , and that a special meeting will be held at 5 00 p.m. on July 10`h.
H. Administrative Reports. (CFN-198) Hodgson noted two items of pending litigation for the
1 Executive Session, with no action anticipated, as well as the Critical Areas Ordinance with possible
action after the Executive Session The time was estimated at 30-60 minutes.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 8.55 p.m. and reconvened at 10:05 p in (CFN-198)
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Kent City Council Minutes July 5, 2006
Critical Areas Ordinance. (CFN-961) HARMON MOVED to accept Option 3 and to direct the
Mayor and staff to begin the process to amend the City's Critical Areas Ordinance consistent with
Option 3 as described by staff; to coordinate with the State Department of Ecology and Department
of Community, Trade and Economic Development when making these proposed revisions, to provide
all required notice, to draft the necessary ordinance; to hold a public hearing on the revised ordinance
proposal; and to schedule the revised ordinance for consideration and passage at the earliest possible
date. Clark seconded.
After comments from Councilmembers regarding the flexibility of Option 3, the funds at nsk, the �1
appeal, and responsibility for implementation of the Growth Management Act, the motion carved 4-3
with Clark, Harmon, Ranniger and Watson in favor, and O'Brien, Raplee and Thomas opposed.
WATSON THEN MOVED that after the successful conclusion of negotiating Option 3, the City drop
it's appeal with the state The motion died for lack of a second.
ADJOURNMENT
At 10 20 p.m , WATSON MOVED to adjourn. Thomas seconded and the motion carried.
Brenda Jacober, CMC
City Clerk
4
Kent City Council Meeting
1 Date Julv 18, 2006
Category Consent Calendar
1. SUBJECT: PURCHASE OF SELF-CONTAINED BREATHING APPARATUS —
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement for the
purchase of self-contained breathing apparatus (SCBA) in the amount of$645,738
The Fire Department replaces it SCBA equipment every 10 years due to the frequency
of use in harsh environments. After 10 years of use, the repair frequency becomes
costly and their reliability decreases This equipment is vital for fire personnel to
survive and perform their duties in hostile and sometimes lethal environments. The
Fire Department conducted a thorough evaluation process of SCBA equipment that has
been authorized for fire service use
The Fire Department requested and obtained, from Mayor Cooke a waiver, pursuant to
KCC 3 70 080 of the City's procurement ordinance, because negotiation with this
particular supplier was appropriate due to the specialized needs of the Fire Department.
The Goods & Services Agreement for Self-Contained Breathing Apparatuses has been
reviewed and approved by the City Attorney's Office.
1 3. EXHIBITS: Single Source Procurement approval and Goods & Services agreement
4. RECOMMENDED BY: Public Safety Committee 7/11/06
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure" X Revenue?
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councmlmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
FIRE DEPARTMENT
Jim Schneider, Fire Chief
- KENT Phon253-856- 300
Fax:: 253-856.6300
Address. 24611 1160 Ave SE
Kent,WA 980304939
DATE: July 11,2006
TO: Public Safety Committee
FROM: Jim Schneider,Fire Chief
MOTION: Recommend that Council authorize the Mayor to sign the agreement for the
purchase of self contained breathing apparatus (SCBA)at a cost of$645,738 subject to final
terms and conditions as shall be approved by the City Attorney.
SUMMARY: The Fire Department replaces it SCBA equipment every 10 years due to the
frequency of use and the harsh environments that they are used in. After 10 years of use the
frequency of repairs become costly and their reliability begins to decrease. This equipment is
vital for fire personnel to survive and perform their duties in hostile and lethal environments.
The Fire Department conducted a thorough evaluation process of SCBA equipment that has been
authorized for fire service use.
We requested and obtained,from Mayor Cooke a waiver,pursuant to KCC 3.70.080 of the
City's procurement ordinance, as negotiation with a particular supplier is appropriate due to the
specialized needs of the Fire Department.
The Goods & Services Agreement for Self-Contained Breathing Apparatuses has been reviewed
and approved by the City Attorney's Office.
EXHIBIT: Single Source Procurement Approval
Goods& Services Agreement
BUDGET IMPACT: $645,738 Budgeted CIP Funds
July 11,2W6
Kent Council Public Safety Committee
SCBA Purchase Goods&Semces Ag+eemerll
FIRE DEPARTMENT
Jim Schneider, Fire Chief
Phone,253-856-4300
• Fax, 253-856-6300
K EN T Address: 24611 Ile Ave SE
W A S M I N O T O N Kent,WA.98030
Date: April 27, 2006
To: Mayor Suzette Cooke
Through: John Hodgson,Interim CAO
From: Jim Schneider, Fire Chief
Regarding: Single Source Procurement—Self Contained Breathing Apparatus(SCBA)
The City's Fire Department is requesting a waiver, pursuant to KCC 3.70.080, of the
City's procurement ordinance as negotiation with a particular supplier is appropriate due to the
specialized needs of the Fire Department.
SCBA equipment is vital for fire personnel to survive and perform their duties in hostile
and lethal environments. These environments are numerous; they include structure fires,
chemical spills and oxygen deficient atmosphere. Without dependable SCBA equipment the Fire
Department would not be able to deliver the level of service our citizens have become
accustomed to.
Our experience has shown SCBA equipment has a life expectancy of 10 years. This is
due to their frequency of use and the harsh environments they are used in. Historically we
replace our SCBA equipment every 10 years. After 10 years, the frequency of repairs become
costly and their reliability begins to decrease.
The Fire department conducted a thorough evaluation process of SCBA equipment
authorized for Fire Service use. All manufacturers were evaluated to select three that would be
subjected to field evaluations. The criteria used to select the three included history of reliability,
serviceability, after purchase support, integration of latest technology, and user features. Given
the vital nature of SC BAs, we have always sought out manufacturers that continually improve
the design, materials and reliability of their equipment.
The final three were subjected to actual field use evaluations which included standard,
subjective written reviews by numerous firefighters. The field evaluations included use in the
environments that our SCBA equipment is subjected to and was done for numerous months.
The field evaluation identified that MSA was the clear choice for our new SCBA
equipment. Another advantage of MSA is that it is the same manufacturer that we have used
since 1983. During the last 23 years MSA has proven to be very responsive. They have a proven
track record of reliability and customer aervice. Our personnel are also very familiar with MSA
equipment; even though the new generation of SCBA equipment is improved, the operational
characteristics are similar to the generation of equipment we currently use. This will allow us to
have a shorter training period before we place the new equipment into service, and our repair
technicians will not have to be trained on manufacturers equipment. This will also allow us to
have a safer transition to the new SCBA equipment.
The Fire Department has also been fiscally responsible by securing a lower quote for the
new equipment by joining with two other departments in a group purchase to secure a larger
volume discount.
By this memo, the Fire Department requests that you determine the bidding process
usually required by KCC 3.70.030 and .040 is not in the best interest of the City and that you
authorize the Fire Department to enter into direct negotiations with MSA for the purchase of
SCBA equipment. In the event the Fire Department successfully negotiates a purchase contract
with MSA, the contract will be brought before the Public Safety Committee and the City Council
for approval. If you approve of the Fire Department's request for a waiver of the City's
procurement policies, please note your approval_by signing below.
Thank you.
-7 4
47
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-Suze Coke,Mayor ate
1
1
GOODS&SERVICES AGREEMENT
for
SELF-CONTAINED BREATHING APPARATUSES
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and SeaWestem Are Fighting Equipment, organized under the laws of the State of
Washington, located and doing business at P.O. Box 51, Kirkland, WA 98083 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor will provide the following goods and materials and perform the following services for the City as
more particularly described on the Quotation sheet, dated May 11, 2006, a copy of which is attached and
I
ncorporated as Exhibit A:
a. 125 self-contained breathing apparatuses ("SCBAs`) and the listed associated equipment,
which conform to the terms of this,Agreement; meet the manufacturer specifications set
forth in Exhibit B, which is attached and incorporated by this reference and conform to all
applicable National Fire Protection Association ("NFPA') and National Institute for
Occupational Safety and Health ("NIOSH') guidelines or requirements for CBRN SCBAs as
published as of the effective date of this Agreement.
b. A set of user instructions for each of the 125 SCBAs.
c. 1 set of shop/maintenance manuals for certified technicians, updated from time to time by
MSA.
d. MSA Factory Inspection Trip and MSA C.A.R.E. training for 4 City Fire Department
members.
e. 1 SeaWestem Representative to participate in 3-day on-site user training in Kent, WA.
f. Exchange of current inventory of repair parts for current SCBAs that are first quality,
resellable parts, as mutually agreed by the parties, for equivalent new inventory of repair
parts for new SCBAs purchased under this Agreement.
' Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain similar goods, materials, and
services through other sources.
II. TIME OF COMPLETION. Vendor will deliver all goods and materials in accordance with this
Agreement within 120 days of the effective date of this Agreement, (due to special goods order, cylinders to
have Kent FD custom logo cylinders, delivery is longer than quoted on Exhibit A), F.O.B. destination, Kent, WA.
In the event the cylinder manufacturer does not complete the custom logo application in time to meet the 120
day delivery date for the full order, the parties will confer and mutually agree to a reasonable extended
delivery date. The Vendor will provide the training and repair parts inventory exchange at mutually agreed
Iupon times, but in no event later than 60 days from the effective date of the Agreement for the training and
within 2 weeks of final acceptance of the SCBAs for the repair parts inventory exchange. The risk of loss for
any defect or damage to the SCBAs shall remain with Vendor until the SCBAs are delivered to the City's
address indicated in this Agreement or the applicable purchase order(s). Vendor will provide insurance for the
full value of the SCBAs until the risk of loss has transferred to the City. Vendor will, at the request of the City,
provide a representative to demonstrate the operation of the SCBAs and to train and instruct City
representatives regarding the operation of the SCBAs at the time of delivery.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Six Hundred
Forty-five Thousand Seven Hundred Thirty-eight Dollars ($64S,738), in accordance with the detailed
prices listed in Exhibit A, which includes applicable Washington State Sales Tax and delivery. Vendor will
invoice the City upon delivery and the City will make prompt payment upon final acceptance of the SCBAs, but
no later than 5 days after final acceptance. The City will directly pay the party designated on the invoice.
If the City reasonably objects to all or any portion of an invoice, it shall notify Vendor in writing as to
the nature of the objection and reserves the option to only pay that portion of the invoice not in dispute. In
that event, the parties will use their best efforts to amicably settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor
for any rejected or unauthorized goods, materials or services. If Vendor materially breaches this
Agreement, the City may obtain the goods, materials or services from other sources, and Vendor will
be liable to the City for any Additional Costs incurred by the City. Subject to the City's duty to mitigate
such costs, "Additional Costs" will mean all reasonable costs, including delivery costs and substitute
product costs incurred by the City beyond the maximum Agreement price specified above. OTHER
THAN FOR THE ADDITIONAL COSTS REFERENCED ABOVE, VENDOR SHALL NOT BE LIABLE
FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR COSTS INCURRED BY THE CITY.
The City further reserves its right to deduct these Additional Costs, if incurred, from amounts due to
Vendor..
IV. PRE-CONTRACT MEETING. If such meeting is required, Vendor shall pay all of its own costs ,
and expenses incurred for travel, meals, and accommodations in order to meet with City representatives to go
over all specifications so all parties have a clear understanding of the City's requirements before work pursuant
to this Agreement begins.
V. NOTICE TO PROCEED. Vendor may begin work under this Agreement immediately upon
execution of the Agreement by all parties, provided that Vendor submits a copy of all required insurance
certificates and endorsements, and a copy of the Equal Employment Opportunity Policy Declaration prior to
beginning the work.
VI. POST-DELIVERY INSPECTION. The City will conduct inspection and testing of the SCBAs
upon delivery to the City's premises to ensure that the SCBAs conform to the manufacturer's specifications,
regulatory standards or applicable certifications for such equipment under this Agreement. The post-delivery
inspection and testing will be completed within thirty (30) days of delivery of the SCBAs. In the event one or
more of the SCBAs fail to substantially satisfy the inspections or tests or fail to materially conform to the
specifications, the City will notify the Vendor, in writing, that one or more of the SCBAs are being rejected and ,
the reasons therefore, prior to the expiration of the 30-day inspection period. For each SCBA unit that does
not successfully pass the post-delivery inspection and tests, Vendor will be afforded an opportunity to cure in
accordance with Paragraph X below.
Vendor specifically agrees that its failure to afford the City the opportunity to inspect the SCBAs
pursuant to the terms of this Agreement shall be sufficient cause, in and of itself, for the rejection of the
SCBAs. Notwithstanding any right of inspection.. Vendor shall notify the City of any defect in the SCBAs that
exists on the date the SCBAs are delivered, and which the Vendor either knows or should know exists.
VII. ACCEPTANCE. The City will provide vendor a Notice of Final Acceptance for the SCBAs that
pass the post-delivery inspection and tests in Paragraph VI by the completion of the 30-day inspection period.
Unless the City notifies the Vendor that one or more SCBAs are being rejected in accordance with Paragraph
IX within the 30-day inspection period, the SCBAs will be deemed accepted. The fact that the City takes
delivery and uses the SCBAs for the inspection and testing will not constitute acceptance. Accepted custom
Kent Fire Department logo cylinders are non-returnable.
' VIII. OWNERSHIP AND TME. Upon final acceptance of the SCBAs by the City pursuant to this
Agreement, ownership and title of the SCBAs shall pass to the City.
' IX. REJECTION. The City reserves the right to inspect the SCBAs for any defects, irregularities,
non-conformities, and defects in workmanship and appearance, in accordance with Paragraph VI above, and
' to reject a materially nonconforming SCBA. The CfWs written notice to Vendor of the rejection of any SCBA
will also provide Vendor with a description of the reason(s) for rejection. The City will hold the SCBAs in its
possession with reasonable care for a time sufficient to permit Vendor its reasonable opportunity to cure in
accordance with Section X. If Vendor fails to cure or gives no instructions within thirty (30) days after
notification of the rejection, the City will store the SCBAs at Vendor's expense for removal and return to
Vendor at Vendor's expense. The risk of loss will transfer back to the Vendor as soon as the SCBA's leave the
City's premises or control.
X. CURE. This paragraph X applies only to SCBAs rejected by the City prior to final acceptance.
Once accepted by the City, all goods will be serviced, repaired, or replaced in accordance with the warranty
provisions of this Agreement.
' If the City rejects the SCBAs during the 30-day acceptance testing period, Vendor shall have thirty (30)
days to cure the defect after it has received notice of rejection from the City; provided, Vendor provides the
City written notice of Vendor's intent to cure the defect and assures the City that it is capable of curing such
' defect in accordance of the manufacture's warranty. The cure of the defect shall be at the sole expense of the
Vendor, and Vendor shall cover all costs related to such cure, including delivery, repair or replacement costs.
Upon delivery of a repaired or replaced SCBA, the City will conduct the post-delivery inspection and test, and
' provide a written notice of final acceptance or rejection in accordance with this Agreement.
Unless otherwise agreed to in a separate writing signed by the parties, Vendor shall have an
' opportunity to cure each defect for which it has been placed on notice or which Vendor discovers. During the
attempted cure of any rejected SCBA, the risk of loss or damage for or to any SCBA in the possession or
control of Vendor or the Vendor's subcontractor, including delivery or shipping suppliers, shall be with the
Vendor.
If, at any time prior to final acceptance, Vendor discovers a defect, Vendor shall, as soon as reasonably
practicable, notify the City of such defects in writing and shall cure such defect, pursuant to this section.
' It is understood and agreed by the parties that if there are more than 10 SCBAs under the possession
or control of the Vendor for curing of defects at any one time for a period of more than 30 days, the Vendor
and City will mutually agree to a plan for the Vendor to supply replacement or loaner SCBAs at Vendor's
expense until such time the Vendor cures the defects and delivers acceptable SCBAs to the City.
' XI. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement. As Vendor is customarily engaged in an independently
established trade that encompasses the specific service provided to the City, no agent, employee,
' representative, or sub-contractor of Vendor shall be or shall be deemed to be the employee, agent,
representative, or sub-contractor of the City. In the performance of the work, Vendor is an independent
contractor with the ability to control and direct the performance and details of the work, the City being
interested primarily in the results obtained under this Agreement. None of the benefits provided by the City to
its employees, including, but not limited to, compensation, insurance, and unemployment insurance are
' available from the City to the employees, agents, representatives, or sub-contractors of Vendor. Vendor will
be solely and entirely responsible for its acts and for the acts of Vendor's agents, employees, representatives,
and sub-contractors during the performance of this Agreement.
XII. TERMINATION. This Agreement may be terminated in whole or in part:
A. By the City if Vendor fails to deliver conforming SCBAs within thirty (30) days after the time for
delivery specified in this Agreement or after thirty (30) days for a cure of any defect or non-conformity, or
other time agreed to by the parties. The City shall notify Vendor of the termination, the reasons thereof, and
the effective date.
B. By the mutual written agreement of the City and Vendor. The Agreement to terminate shall '
include the conditions of termination, the effective date, and in the case of termination in part, the portion to
be terminated.
After the effective date of termination, no charges incurred under this Agreement, or terminated '
portions thereof, are allowable.
XIII. STANDARD OF PERFORMANCE. All work to be performed by Vendor shall be performed in a '
workmanlike manner in accordance with generally accepted professional practices in effect at the time such
work is performed.
XIV. WARRANTY. Vendor, an MSA-authorized warranty service provider for SCBAs, will provide all
warranty service under this Agreement. Vendor warrants the SCBAs against material defects or faulty
workmanship in accordance with the MSA manufacturer's warranty, a copy of which is attached and
incorporated as Exhibit C; except that Vendor and City expressly agree that the language in Section 3 of
Exhibit C, which states that the repair or replacement of equipment or parts is the sole and exclusive remedy
for any tortious conduct of MSA or any other causes of action, does not apply to the Vendor under this
Agreement. As to the Vendor, the MSA manufacturer's warranty will be the exclusive remedy for breaches of
warranty only.
The warranty provisions will commence upon final acceptance of the SCBAs. In the event SCBAs or
related equipment are repaired, the repaired or replaced equipment will have the same warranty coverage as
the original SCBA or equipment.
It Is understood and agreed by the parties that If there are more than 10 SCBAs under the possession '
or control of the Vendor for warranty repairs at any one time for a period of more than 30 days, the Vendor
and City will mutually agree to a plan for the Vendor to supply replacement or loaner SCBAs at Vendor's '
expense until such time the Vendor cures the defects and delivers the repaired or replacement SCBAs to the
City. '
XV. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor
or sub-contractor 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. '
Vendor 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, all attached and incorporated as Exhibit D.
XVI. INDEMNIFICATION. Vendor 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 Vendor's construction,
assemblage, or manufacture of the SCBAs or any component or subsystem of the SCBAs. Such indemnity shall
be reduced to the extent of the City's negligent acts or omissions.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to
avoid any of these covenants of indemnification. The City shall promptly notify Vendor of any claim for which
' indemnification may be sought.
The provisions of this section will survive the expiration or termination of this Agreement.
XVII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit E, attached and incorporated by this reference.
' XVIII.WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's
own risk, and Vendor 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.
' XIX. MISCELLANEOUS PROVISIONS.
tA. 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. No term or provision hereof shall be deemed waived and no breach
consented to unless such waiver or consent shall be in writing and signed by the party claimed to have waived
or consented. Any consent by any party, or waiver of the breach of the other, whether expressed or implied,
shall not constitute a continuing waiver of or consent to, nor excuse, a different or subsequent breach. The
failure of a party to enforce one portion of this Agreement shall not constitute a waiver, or excuse the breach,
of another portion of this Agreement which 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
1 dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of
resolving that dispute, difference or claim, shall only be by filing suit exclusively within jurisdiction of the King
County Superior Court, King County, Washington, or the applicable Federal District Court sitting in King
County, 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; provided, however, nothing in this paragraph shall be construed to limit
the City's right to indemnification under Section XVI of this Agreement.
' D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified
mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or
such other address as may be hereafter specified in writing.
' E. Assignment. Vendor shall not assign this Agreement nor any part thereof, nor any monies due
or to become due thereunder, without the prior written approval of the City. Vendor shall not subcontract any
part of this Agreement without first having obtained the written consent of the City to do so. In case such
consent to subcontract any part of this Agreement is given by the City, it shall in no way release Vendor from
any responsibility under this Agreement, and Vendor shall be held in all respects accountable as if no consent
had been given. Vendor shall be required to give personal attention to the work that is subcontracted.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor.
G. Severability. If any term, provision, condition, or other portion of this Agreement, or its
application to any person is held to be inoperative, invalid, or void, then the same shall not affect any other ,
term, provision, condition, or any other portion of this Agreement or its application to any person.
H. Cumulation of Remedies. All remedies available to either party for breach of this Agreement are
cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be
deemed an election of such remedy to the exclusion of other remedies.
I. Authon . Each party has the full power and authority to enter into and perform this ,
Agreement and the person signing this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. Each party further acknowledges that it has read this Agreement
and understands and agrees to be bound by its terms.
1. 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.
K. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance ,
of this Agreement.
IN WITNESS, the parties below execute this Agreement,which shall become effective on
the last date entered below.
SEAWESTERN FIRE FIGHTING EQUIPMENT: CITY OF KENT:
By:
(sign r,
By: ,
Print Name: (signature)
Its_ tji'C€ �° /D�i�'T Print Name: Suzette Cooke '
/ (T7tle Its Mayor
DATE: �r_1��1d(�
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ,
VENDOR: SEAWESTERN CITY OF KENT: '
Brian Morris, Vice President Attn: lim Schneider, Chief ,
SeaWestern Fire Fighting Equipment City of Kent Fire Department
P.O. Box 51 220 Fourth Avenue South
Kirkland, WA 98083 Kent, WA 98032
(425) 821-5858 (telephone) (253) 856-4300 (telephone)
(425) 823-0636 (facsimile) (253) 856-6300 (facsimile)
1
APPROVED AS TO FORM:
' Kent Law Department
P:\Cwd\ATTORNEYS\Kristin\KentWashmgtonSCBAContract REV3final.doc
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SEAWESTERN
FIRE Fiw i me EQtliviwNT
P.O. Box 51, Kirkland, Washington 98083
Phone (425) 821-5858 / Fax (425) 823-0636 / Toll Free 1-800-327-5312 ,
www.seawestern.com / E-mail: info@seawestem.com
QUOTATION '
TO: Kent Fire Department DATE. 5/11/2006
24611 116t" Ave SE
Kent,WA 98030
ATTN: Captain Beth Gallup ,
Replying to your inquiry MSA SCBA Pricing we are pleased to quote as follows:
ITEM QTY DESCRIPTION UNIT PRICE EXTENSION
1. 117 MSA Fire Hawk/CBRN/NFPA 2002 SCBA $29300.00 $269,100.00
Includes:Air Frame Carrier and Harness,Dual Pull ,
Waistbelt,Chest Strap, Swiveling Lumbar Pad,
Universal Rescue Fitting Attached to Alarm Housing, ,
Shoulder Mounted Quick-Fill Adapter less FD-17 Fitting,
ICM Tx Integrated PASS Devise & Redundant Alarm.
2. 8 Same as above description except, less ICM Tx PASS Alarm. $11,900.00 $15,200.00
3. 222 MSA Stealth 45 minute rated Carbon Cylinders w/logo. $550.00 $1229100.00
4. 18 MSA Stealth 60 minute rated Carbon Cylinders w/logo. $660.00 $119880.00
5. 200 MSA Ultra Elite Facepiece with Heads-Up-Display Reciever. $275.00 $559000.00
6. 125 MSA Kevlar Q.F. Pouches. $35.00 $4,375.00
7. 20 Fire Hawk 2"d Stage Conversion/Department's RIT System. $500.00 $109000.00
8. 20 MSA 6' H.P. Hose with FD-17 female fitting x SAE4 male. $385.00 $7,700.00
9. 170 Clear Command Radio Interface Mask Amplifiers. $385.00 S659450.00
10. 80 Clear Command Radio Interface Lapel Michrophone. $375.00 $30,000.00
11. 8 Clear Command Radio Interface PTT only. $338.00 $2,704.00 '
Above Pricing Already Includes One for One Trade-In
for Fire Department's current complete SCBA System less '
the newer facepieces, cylinders, FD-17 fitting
and 3' Quick-Fill Hoses. '
Above Package Purchase Includes MSA Factory inspection
Trip & MSA C.A.R.E. Training for 4 Department Members
and exchange of current new repair parts inventory.
FOB: Kent,WA TERMS: Net on Receipt ,
DELIVERY: 60-90 Days after receipt of order
For Logo Cylinders By: Brian Morris
Plus Applicable State Sales Tax Vice-President/Sea Western,Inc. ,
1
1 SFAWESTERN
F
1 FIRE FIGHTING EQUIPMENI
P.O. Box 51, Kirkland, Washington 98083
1 Phone (425) 821-5858 / Fax (425) 823-0636 / Toll Free 1-800-327-5312
www.seawestem.com / E-mail: info@seawestern.com
1 QUOTATION
1 TO: Kent Fire Department DATE: 5/11/2006
24611 116t6 Ave SE
' Kent, WA 98030
ATTN: Captain Beth Gallup
Replying to your inquiry MSA SCBA Pricing we are pleased to quote as follows:
ITEM QTY DESCRIPTION UNIT PRICE EXTENSION
1. 117 MSA Fire Hawk/CBRN/NFPA 2002 SCBA $2,300.00 $269,100.00
Includes: Air Frame Carrier and Harness,Dual Pull
Waistbelt, Chest Strap, Swiveling Lumbar Pad,
1 Universal Rescue Fitting Attached to Alarm Housing,
Shoulder Mounted Quick-Fill Adapter less FD-17 Fitting,
ICM Ti Integrated PASS Devise & Redundant Alarm.
2. 8 Same as above description except, less ICM Tx PASS Alarm. $1,900.00 $159200.00
3. 222 MSA Stealth 45 minute rated Carbon Cylinders w/logo. $550.00 $122,100.00
4. 18 MSA Stealth 60 minute rated Carbon Cylinders w/ logo. $660.00 $11,880.00
5. 200 MSA Ultra Elite Facepiece with Heads-Up-Display Reciever. $275.00 $559000.00
6. 125 MSA Kevlar Q.F. Pouches. $35.00 $4,375.00
7. 20 Fire Hawk 2ad Stage Conversion/Department's RIT System. $500.00 $10,000.00
1 8. 20 MSA 6' H.P. Hose with FD-17 female fitting x SAE-4 male. $385.00 $79700.00
9. 170 Clear Command Radio Interface Mask Amplifiers. $385.00 $651450.00
10. 80 Clear Command Radio Interface Lapel Michrophone. $375.00 $30,000.00
11. 8 Clear Command Radio Interface PTT only. $338.00 $2,704.00
Above Pricing Already Includes One for One Trade-In
for Fire Department's current complete SCBA System less
the newer facepieces,cylinders, FD-17 fitting
and 3' Quick-Fill Hoses.
Above Package Purchase Includes MSA Factory Inspection
Trip & MSA C.A.R.E. Training for 4 Department Members
' and exchange of current new repair parts inventory.
FOB: Kent,WA TERMS: Net on Receipt
DELIVERY: _ 60-90 Days after receipt of order
For Logo Cylinders By: Brian Morris
' Plus Applicable State Sales Tax Vice-President/Sea Western,Inc.
1
Mine Safety Appliances Company
SCBA Lifetime Warranty
and Terms of Sale
t. Express Warranty—Air Masks and/or components furnished affiimation,representation or modification of the warranty
under this order carry a Lifetime Warranty against material concerning the goods sold under this contract.MSA makes no
defects and/or faulty workmariship,withthe exception ofthose warranty concerning components or accessories not manufac- ,
components specifically Identified herein.MSAshail be released tured by MSA,but will pass on to the Purchaser all warranties of
from alf obligations under thiswarrarityin the eventrepairsor manufacturers of such components.THIS WARRAN1Y15IN LIEU Of
modific2tiorn ate madeby persons other than itsownorauthor- ALL MER WARRANTEES,EXPRESS,IMPLIED OR STATUTORY,ANO15
12ed service personnel or If the warranty daim results from STRICTLY LIMITED TO THE TERMS HEREOF- MSA SPECIFICALLY
abuse,misuse,or normal wear and tear of the product No DISCLAiMSANYWARRANW OFMERCHANTAOIL1TYOR OF FITNESS
agent,employee or representative of MSA may bindMSAtoarsy FOR A PAR71CULAR PURPOSE.
.. I ,
Air Mask (Isis Cyilnded lifetime MSA requires that the air mask be maintained as
specked in the Operatiam and Instruction,Manual,
as Air Mask[yHnder Until end p service life however,the warranty coverage is for material
goat.rcg/DOT controlled lled defects and/or faulty workmanship only,and is not
dependent on performing routine maintenance.The
Air Mask Replacement Parts Lifetime material and labor costs of overhaul procedures and
other routine rnaintenance are the responsibility of
Air Mask Critial Repair pwh Lifetime the purchaser and are not covered by the warranty,
2. Exceptions—The products below are excluded from MSA's Lifetime warranty: '
1Product e '
Faceirask Blank,Bring Tube,
Norm &Nose Rubber Product 5 Year UrrkitedfAge Deterioration
Electronic Speech Communication Manufacturers Warran t Year '
Ni Heads-up Dls MSA Limited waryantY ,year
iCM'soon&ieM woo Plus M5A limited Warranty 2 Years
Non-Rechargeable Batteries Expendable and/or Consumable Parts N/A ,
3. Exclusive Rernedy—It isexpressiyagreedthatthe Purchawfssole to be defective.Replacement equipment and/or parts will be ,
and exclusive remedyfar breach of the above warranty,forany provided at nocostto the Purchaser,FO.B.Purchaser's named place
tortious conduct of MSA,or for any other cause of action,shall of destination.Failure of MSA to successfully repair any noncon-
be the repair and/or replacement,atMSA's option ofanyequip• forming product shall not cause the remedy established hereby to
rrrentor parts themofthat after examinadionby MSA amproven fail of its essential purpose.
4. Exclusion Ofconsegwntlal Damages—Purdiaser specifically including but not limited to,lass of anticipated profits and any
understands and agrees that under no circumstances will other loss caused byreasonofthe non-operation ofthegoods.This
MSA be liable to Purchaser for economic,special,Incidental, exclusion is applicable to claims for breach of warranty,
or consequential damages or losses of any kind whatsoever, tortious conduct or any other cause of action against MSA
SEAWESTERN,lNC. atsAanaas
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KIRKt,AND WA 98083
(80i1)327-5312 Ms.
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fEXHIBIT D
' DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to compliance with Federal and State laws regarding equal opportunity. As such
' all contractors, subcontractors and suppliers who perform work with relation to this Agreement will comply
with the regulations of the City's equal employment opportunity policies.
' The City requires any contractor, subcontractor or supplier working on this Agreement to certify that the
following statements are true. If any contractor, subcontractor or supplier willfully misrepresents themselves
with regard to the statements below, it will be considered a breach of contract, subject to suspension or
' termination of the Agreement, in whole or in part, in the City's sole discretion.
The statements are as follows:
' 1. The Vendor has read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement, the Vendor will not discriminate in employment on the basis of sex,
irace, color, national origin, age, or the presence of all sensory, mental or physical disability.
' 3. During the time of this Agreement, the Vendor 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, the Vendor will actively consider hiring and promoting women and
minorities.
III By signing below, the Vendor certifies that it is in compliance with the City's equal opportunity policies
regarding contractors, subcontractors and suppliers.
Dated this w day of S�GU1.�, . 2006.
By:_, .
For: S ell Wo sf'A ki -IVA
Title: JE t. i'A, / T V AS it v 6 le �
Date:
EXHIBIT D ,
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.
EXHIBIT D
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
' This form shall be filled out UPON COMPLETION of the work by the Vendor under this Agreement.
I declare that . the Vendor under and Agreement with the City of Kent, for
, that was entered into on . 2006 and completed
2006., 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 the Agreement.
Dated this day of . 200-.
L By. E
For:
Title:
Date:
EXHIBIT E
INSURANCE REQUIREMENTS ,
Insurance ,
The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries
to persons or damage to property which may arise from or in connection with products and materials supplied ,
to the City.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the type described below:
Commercial General Liability insurance shall be written on Insurance Services Office (ISO)
occurrence form CG 00 01 and shall cover products liability. The City shall be named as an
insured under the Vendor's Commercial General Liability insurance policy using ISO Additional
Insured-Vendors Endorsement CG 20 10 or a substitute endorsement providing equivalent
coverage.
B. Minimum Amounts of Insurance
Vendor shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no less than $1,000,000 each '
occurrence, $1,000,000 general aggregate and a $2,000,000 products liability aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial
General Liability insurance:
The Vendor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor's insurance and
shall not contribute with it.
2. The Vendor's insurance shall be endorsed to state that coverage shall not be cancelled by either
party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City. ,
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. '
E. Verification of Coverage
Vendor shall furnish the City with original certificates and a copy of the amendatory endorsements, including
but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of
the Vendor before goods, materials or supplies will be accepted by the City.
jj AGLZUU. CERTIFICATE OF LIABILITY INSURANCE
.%OOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Shinstrom & Norman Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 638 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Kirkland, WA 98083 INSURERS AFFORDING COVERAGE
-6200
INSURED SEA-WESTERN, INC. INSURER Mu CE_CD�
P. O. BOX 51 INSURER
KIRKLAND, WA 98083 INSURER
INSURER D.
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR TYPE OF INSURANCE POLICY NUMBER DAB MMID POLICY EXPIRA N LIMIT$
GENERAL UABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any pre fire) E 300,000
CLAIMS MADE ®OCCUR MEO EXP(Any one pesos) $ 10,000
A KC29199 08-19-05 08-19-06 PERSONAL 6 ADV INJURY $1 ,000 ,000
GENERAL AGGREGATE $2,000 ,000
GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMNOP AGG $2,000 ,000
POLICY JPERa EI
LOC
AUTOMOBILE UABIUTY
COMBINED SINGLE LIMIT
ANY AUTO (Es seek%Wt) 11,0001000
ALL OWNED AUTOS
BODILY INJURY s
SCHEDIXED AUTOS (Per Pemn)
p HIREDAUTOS CP60OD7086 08-19-05 08-19-06 BODILY INJURY f
NON-OWNED AUTOS (Per a=dsrd)
PROPERTY DAMAGE E
(Pero deM)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT f
ANY AUTO OTHERTHAN EA ACC E
AUTO ONLY AGG S
EXCESS LIAMTY EACH OCCURRENCE S
OCCUR O CLAIMS MADE AGGREGATE s
E
DEDUCTIBLE E
RETENTION s S
WORKERS COMPENSATION AND
EMPLOYERS'LUUUUTY TORY IVMTS ER
NC29199 08-19-05 08-19-06 E.L.EACH ACCIDENT $
A WASH STOP GAP EL DISEASE-EAEMPLOYEE f
EL DISEASE-POLICYUMTT S
OTHER
ESCRIPTION OF OPERATIONS/LDCATIONS/VEHICLE&EXCLUSIONS ADDED BY ENDORSEMENTUSPECULL PMNMONS
RE: OPERATIONS (SCBA GOODS & SERVICE AGREEMENT)
CITY OF KENT IS NAMED AS ADDITIONAL INSURED PER FORM CG2010.
ERTIFICATE HOLDER ADDITIONAL INSURED,,,INSURER LETTER. CANCELLATION
SHOULD ANYOP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF KENT DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 _ DAYS WRITTEN
220 - 4TH AVE. S. NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,BUT FAILURETO OO SO SHALL
KENT, WA 9 8 032-5 8 9 5 IMPOSE NO OBLIGATION OR LJABIUTY OF ANY D UPON THE INSURER,ITS AGENTS OR
ATTN: CHIEF SCHNEIDER REPRESS
AUTTIORIFE E A
ACORD 25S(7/97) 0 ACORD CORPORATION 1SM
POLICY NUMBER NC29199 COMMERCIAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION '
This endorsement modifies insurance provided under the following '
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: CITY OF KENT
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. Section 11 — Who Is An Insured is amended to (1) All work, including materials, parts or i
include as an insured the person or organization equipment famished in connection with
shown in the Schedule, but only with respect to such work, on the project (other than
liability ansing out of your ongoing operations service, maintenance or repairs) to be
performed for that insured. performed by or on behalf of the adds=
B. With respect to the insurance afforded to these tional insured(s) at the site of the cov-
additional insureds, the following exclusion is ered operations has been completed,
added: or
2. Exclusions (2) That portion of"your work" out of which
This insurance does not apply to "bode in- the injury or damage arises has been ,
PP Y N put to its intended use by any person or
jury"or"property damage" occurring after organization other than another con-
tractor or subcontractor engaged in
performing operations for a principal as ,
a part of the same project
i
1
1
i
1
CG 20 10 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 1
Kent City Council Meeting
Date July 18. 2006
tCategory Consent Calendar
1. SUBJECT: U.S DEPARTMENT OF EDUCATION GRANT— ACCEPT AND
ESTABLISH BUDGET
2. SUMMARY STATEMENT: Accept and authorize the Mayor to sign a grant
agreement with the U S. Department of Education in the amount of$78,227.
This is the third year of funding for this project. The current grant award is in the
amount of$78,227 and covers the period from 9/01/06 through 8/31/07. The U.S.
Department of Education, Fund for the Improvement of Postsecondary Educations
(FIPSE) "supports innovative educational improvement projects that respond to
problems of national significance".
The grant will be used to help fund the Kent Police Department's Opening Doors
Project, which provides opportunities for inmates to improve their ability to transition
back into the community as responsible citizens and to offer other educational
opportunities
3. EXHIBITS: WSTC award letter dated 6/2/06 and Corrections Opening Doors
Project summary
4. RECOMMENDED BY: Public Safety Committee 7/11/06
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure" X Revenue? X
Currently in the Budget9 Yes X No
1 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
POLICE DEPARTMENT
Charles E. Miller, Interim Chief of Pollee
�i Phone.253-856-5888
V KEi+IT Fax 253-856-6802
' Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
LDATE: July 11,2006
TO: Public Safety Committee
SUBJECT: U.S. Department of Education grant.
MOTION: I move to recommend that Council accept the U.S. Department of Education grant and
place this on the Consent Calendar for the July 18,2006 Council Meeting,and to amend budget
documents as needed.
SUMMARY: This is the third year of funding for this project. The U. S. Department of Education,
1 Fund for the Improvement of Postsecondary Education(FIPSE)grant program"supports innovative
educational improvement projects that respond to problems of national significance". The Kent Police
Department's Opening Doors Project provides opportunities for inmates to improve their ability to
transition back into the community as a responsible citizen and open educational doors. We partner with
New Connections of South King County to provide additional Life Skills classes to offenders while they
are incarcerated in the CKCF and transition services to the offenders upon their release from jail We
also partner with Renton Technical College to provide Adult Basic Education(ABE)and General
Education Development(GED) test preparation and GED testing to offenders in the CKCF. This grant
also requires an outside project evaluator.
The FIPSE Program total grant to the Kent Police Department is $234,094.00 over 36 months.
Budget award period 9/01/04- 8/3 1105 Amount $ 80.631.00
9/01/05 -8/31/06 $ 75,236.00
9/01/06-8/31/07 $ 78,227.00
$234,094.00
` EXHIBITS: Award letter from U.S. Department of Education dated 6/02/06
City of Kent Corrections Opening Doors Project summary
BUDGET IMPACT: None,
BACKGROUND:
Public Safety Committee Subject,FIPSE grant award
' Date:July 11,2006
1
U.S, Department of Education
Washington, D.C.20202
4� Q GRANT AWARD NOTIFICATION
RECIPIENT NAME. AWARD INFORMATIGN
PR/AWARD NUMBER P116BO40291-05
City of Kent Police DcpartnxM
220 41b Avenue South ACTION NUMBER 04
Kent,WA 98032 ACTION TYPE Administrative
AWARD TYPE Discretionary
PROJECT TITLE A WARD PERIODS
2 84 1 16B 6 BUDGET PERIOD 09/01 f2005-08/3 I12006
COMPREHENSIVE PROGRAM
PERFORMANCE PERIOD 091012004-68/3l/2007
FUTURE BUDGET PERIODS
BIIDGFTPERIOD DATE AMOUNT
3 PROJECTSTAFF 03 09101/7.IM6-(W31/2007 T78,227.00
RECIPIENT PROJECT DIRECTOR
Deba LeRoy (253)856-5956
EDUCATION PROGRAM CONTACT
David M.Johnson (202)502-7516
EDUCATION PAYMENT CONTACT AUTHORIZED FUNDING
GAPS PAYEE HOTLINE (9881 336-9930 !�7 THIS ACTION NIA
BUDGET PERIOD $75,236 00
4 KEY PERSONNEL PERFORMANCE PERIOD $155,867 00
LEVEL OF
NAME TITLE EFFORT
Debra LeRoy ProlectDlrector t5% ADMINISTRATIVE INFORMATION
8 DUNSVSSN 020253613
REGULATIONS CFR PART 630
EDGAR AS APPLICABLE
ATTACHMENTS A.C.F.S.Z
1
In LEGISLATIVE AND FISCAL DATA
7 AITfHORTTY PL 99-498 HIGHER EDUCATION ACT,AS AMENDED P L 99-498
PROGRAM TITLE.FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION
CFDA/SUBPROGRAM NO.84.1 1613
I
Ver.2
ED-GAPS001(01)")
Pale 101`2
U.S. Department of Education
Washington, D.C. 20202
GRANT AWARD NOTIFICATION ,
PR/AWARDNUMBSR P1168040291-05 ,
0 RECIPIENT NAME. City of Kent Police DepartmtM
TERMS AND CONDITIONS
(1) THE DEPARTMENT OF EDUCATION PROGRAM CONTACT PERSON FOR THIS
PROJECT IS CHANGED TO THE PERSON NAMED IN BLOCK 3
L
1
f/
yo i
AUTHORUING OFFICIAL DATE
Ver 2
ED-GAPS001 (01198)
Ptge Y of 2
i
i
City of Kent Corrections
Opening Doors Project
The Opening Doors Project at the City of Kent Corrections Facility offers General
Education Diploma(GED)and Adult Basic Education instruction as well as Life Skills
workshops.This project is funded by a $234,000 grant through the Department of
Education,Fund for the Improvement of Post Secondary Education(FIPSE). The FIPSE
grant award will fund 43%of the $539,000 total three year cost of the CKCF Opening
Doors Project,with the remaining 57% funded by non-federal sources. The goals of the
grant include the reduction of recidivism and creating life long learners.
Renton Technical College provides an instructor and a GED testing proctor while New
I Connections of South King County provides the Life Skills self betterment workshops.
In 2005, 138 inmates registered to attend ABE/GED classes. As of April 2006, Thirty-
one inmates have taken up to four of the required five GED tests towards certification.
1 One female and two male inmates received their GED certification during this reporting
period. These numbers may have been highet if there had not been a lapse in the
availability of a GED testing proctor. Inmates that were ready to test niay have been
released during the period where no proctor was available. One male and three female
inmates completed all five tests, but needed higher scores to pass for certification. All
others are at varying stages of testing toward certification. The preparation time taken by
inmates before taking a GED test ranges from two months to one year.
The Life Skills Workshops instructors have discovered that inmate students enter with a
wide variety of needs. There were 12 inmates that repeated the workshops series at least
twice during 2005. The Life Skills instruction is customized for each group of students.
The base curriculum topics of communication, problem solving and goal setting are
consistently offered. Curriculum guidelines were prepared by New Connections staff for
each workshop topic. This provides more consistent instruction for all students.
In 2005 a total of 114 inmates registered to attend workshops offered during their
incarceration at CKCF. Sixty-six(58%)inmates completed the workshops they
registered to attend. Forty-two(371/o)dropped the workshops, failed to show or were
released prior to the completion of the workshops Five Life Skills Workshops students
sought services from the New Connections office after their release from jail.
It should be noted that many students attend both the Life Skills workshops and the
ABE/GED classes. In 2005, 17 male and 13 female inmates attended both educational
offerings. They may or may not attend both educational offerings at the same time
though. In addition to these educational offerings, CKCF inmates can also attend
chemical dependency classes.
The increased interest in attending both the Life Skills and ABE/GED instruction
demonstrates that the CKCF inmates have a desire to team new things This was one of
i
the Iifelong learning goals for this project. By the end of June 2006, five students
obtained their GED and three inmate students have registered for classes at RTC upon
their release from jail.
We will continue to offer these classes throughout the duration of the grant period which ,
ends August 31, 2007. Project staff is exploring opportunities to sustam the project after
the grant funding ends.
If you have general questions you can contact the chain of command at the CKCF or for
specific questions Sgt Sheila Knapp,Officer's Greisbach and McCuistion. The program
is being evaluated by Debra LeRoy and evaluator Trisha King-Stargel.
Kent City Council Meeting
' Date July 18, 2006
Category Consent Calendar
1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT—
ACCEPT AND ESTABLISH BUDGET
2. SUMMARY STATEMENT: Accept and authorize the Mayor to sign a grant
agreement with the Washington Traffic Commission (WTSC) in the amount of$7,500
to purchase school zone flashing beacons/lighting to be used in marked elementary
school zones. This grant is awarded on a reimbursement basis. The total pro_lect's cost
is $9,280 The City's matching fund share in the amount of$1,780 is covered in
budgeted salary, benefits, and materials.
3. EXHIBITS: WSTC award letter dated 6/7/06
4. RECOMMENDED BY: Public Safety Committee 7/11/06
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
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:
1 Council Agenda
Item No. 6E
' POLICE DEPARTMENT
Chuck Miller, interim Chief of Police
Phore.253-856-5888
KENT Fax 253-856-6802
Address* 220 Fourth Avenue S.
Kent,WA 98032-5895
DATE: July 11,2006
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission$7.500 grant.
MOTION: I move to recommend that Council accept the Washington Traffic Safety Commission
grant in the amount of$7,500 and place this item on the Consent Calendar for the July 18, 2006
Council Meeting.
SUMMARY: The Washington Traffic Safety Commission(WTSC) has awarded the Kent Police
Department a grant in the amount of$7,500 to purchase school zone flashing beacons/lighting to be
used in legally marked elementary school zones.
This grant is awarded on a reimbursement basis. The total project's costs is$9,280. The City's
matching fund share in the amount of$1,780 is covered in budgeted salary,benefits and materials.
EXHIBITS: Copy of award letter from WTSC
' BUDGET IMPACT: None.
BACKGROUND: The purpose of this project is to reduce the number of deaths and serious injuries
resulting from collisions in school zones. A study completed by WTSC has identified flashing yellow
beacons/lighting as one of the most effective ways to reduce speeds of vehicles in school zones.
i
t
Public Safety Comrnittee Subject:WTSC grant$7,500
Date July 11,2006
STATE OF WASHINGTON
WASHINGTON TRAFFIC SAFETY COMMISSION
J OUl15.Chrrry Si PO ltny JO?JJ•Olympt.t,W,t•hinginn 9flSo-l-n94J•1 i60)'i3-o19'
June 7, 2006
Charles E. Miller
Kent Police Department
220 4ih Avenue S
Kent WA 9898032-5895
RE: School Zone Flashing Beacon/Lighting Project
Dear Mr Miller.
On behalf of the Washington Traffic Safety Commission(WTSC) I am pleased to inform
you that the Request for Proposal (RFP)for school zone flashing lights submitted by
your agency in the amount of$7,500.00 has been approved. Enclosed is a copy of the
signed agreement.
PLEASE NOTE:you may not obligate or spend any funds for this project until
after July 9, 2006.
Project Period
tYour project(s) must begin within 60 days after July 1, 2006 (date of grant approval and
availability of funds) and must be completed within 120 days.
' Reporting Requirements
Your agency is responsible to fulfill the reporting requirements as outlined in the signed
RFP, including submitting requests for reimbursement and final reports in a timely
manner
Final reimbursement request must be received by the WTSC no later than 30 days after
the completion of your project(s)or you will not receive reimbursement.
A final report shall be submitted within one year of installation detailing the impact of this
project within the school zone including whether or not the goals outlined in your original
proposal were achieved. The speed data collected for the final report should be
consistent with the conditions existing during baseline data collection. One year of post
installation collision data should be included as well
i
t
t
t
Failure to submit reimbursement requests or to file the required final report could lead to ,
termination of the project agreement, and forfeiture of reimbursement.
The response to this RFP was overwhelming and we anticipate repeating this project in
the next fiscal year.
If you have any questions or concerns regarding your project, please contact the WTSC ,
School Zone Program Manager, Lynn Drake, at 360.586.3484 or Idrake cC Asc.wa.gov.
We look forward to working with you on this project and thank you for your interest in
improving our school zones
Sincere
Brian J
Progra Director
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Kent City Council Meeting
Date July 18, 2006
Category Consent Calendar
1. SUBJECT: AUGUST 1, 2006, COUNCIL MEETING TIME CHANGE —
NATIONAL NIGHT OUT — AUTHORIZE
2. SUMMARY STATEMENT: Authorization to change the time of the August 1,
2006, City Council meeting from 7:00 p in to 5 00 p.m and to direct the City Clerk to
give notice of the time change in the same manner as a special meeting.
National Night Out is an annual event designed to bring neighborhoods together for
community enhancement and crime prevention. Every year, the police department,
City Council, and other City representatives take this opportunity to thank the citizens
/ who make this neighborhood crime prevention program work. National Night Out
a occurs on the first Tuesday in August, which conflicts with the regular City Council
meeting scheduled on the same night. In order to participate in this event, the City
Council will need to move the time for its regular meeting on August 1st from 7:00
p.m. to 5.00 p.m.
3. EXHIBITS: None
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
j5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
f
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
Kent City Council Meeting
Date July 18, 2006
Category Consent Calendar
1. SUBJECT: BILL OF SALE, 100TH AVENUE SEWER EXTENSION— ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for the 100th Ave SE Sewer
Extension for one sanitary sewer manhole and 367 linear feet of sewer. This project is
located at 20846 - 100th Ave SE.
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(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 $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6G
KENT
WASH IN G T O N
ADDENDUM TO BILL OF SALE
jCITY OF KENT
KING COUNTY,WASHINGTON
The figures used on the Bill of Sale for 100TH Avenue SE Sewer Extension project dated
February 14 2006,were based on the"As-Built' Engineering Plans dated February 14,
1 2006,for the same said I00TH Avenue SE Sewer Extension project.
Mark X. Ploy the undersigned P.E. or land surveyor is the person responsible for the
preparation of the Bill of Sale and is an employee of GeoDatum Inc., the firm responsible
for the preparation of the "As-Built' Engineering Drawings.
4Signature
KEN T t
WASHINGTON
MAIL TO
ENGINEERING DEPARTMENT
ATTN Robert Hankins
220 4'AVENUE SOUTH
KENf,WASHINGTON 98032
PROTECT 100th Ave SE Sewer Extension
LOCATION I00tb Ave SE,Kent WA
TAX ACCT NO
BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this 13 day of February 2006,by and between Harry Bapla,hereinafter
called"Grantors',and City of Kent a municipal corporation of King County,State of washmgton,
hennaftcr called`Grantee"
WITNESSETH:
That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the
following described improvements:
A. )mATE@L iAINS: together with a total of gate valves at$ each,
hydrants at$ each and/or any other appurtenances thereto
ON FROM TO
(street,esmt,etc)
Including linear feet at$ per LF of
(size&type) sewer Ime.
B. SANITARY SEWzERS:Together with a total of I manholes at$3950 00 each and/or any other
appurtenances thereto.
ON FROM TO
100th Ave SE SE Ex SSMH(intersection of 100th Ave SE&SE 210tb PI) New SSMH H00th Ave SE)
Including 367 linear feet at$49.50 per LF of 8"PVC waterline. ,
C. SJJW�M: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto
ON FROM TO
(street,esmt,etc)
Including centerline LF at$ per LF of
(type)streets, Feet asphalt roadway.
D. STORM SEWERS: Together with a total of manholes at$ each or
a total of catch basins at$ eacb, LF of
bwfiltratron swale or drainage ditch with a total cost of$ CF of detention
pond storage with a total cost of$ .and/or any other appurtenances thereto.
ON FROM TO
(Street,esmt,etc)
Page 1
Bill of Sale
Including linear feet at$ per LF of
(size&type) sewer line.
To have and to hold the same to the said Grantee,its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property;and that the same is
free from all encumbrances,that all bills for labor and material have been paid,that it has the right
to sell the same atoresaid;that it will warrant and defend the same against die lawful claims and
demand of all person
The Bill of Sale is given on consideration of the agreement of the Grantee for uself,its successors
and assigns to incorporate said utilities in its utility system and to maintain them as provided in the
applicable City Ordinances.
IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this_
J=j dayof I f•=t i - 20 r t�
STATE OF WASHNGTON )
SS
COUNTY OF KING )
On this ��� day of_ �J ,20 1 -G� before me,the undersigned A
Notary Public in and for the State of Washington,duly wmnussioned and sworn,Personally
appeared I-V'.t L�-t c . u, t i`�L- to me known to be the individual
described in and who executed the forgoing instrument,and acknowledged to me that he/she
signed and sealed this instrument as his/her free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my band and official seal this= _ day of I > 20 t
`d --e•_.,� irk ' CAI �.
�TH-F1tiN PETE,50N—�_� -
r; • t . i , Notary Public in and for the
�:..,Ll('� talc ofWashmgton,residing at
GC`ifii.il�:•ivil�i EXt'i1=,ES � �'"`y"�
P \IL9, 2006 i My Commission Expires:
STATE OF WASHNGTON )
)SS
COUNTY OF KING )
On this day of 20 before me,the
undersigned,a Notary Public in and for tiie State of Washington,duly commissioned and sworn,
personally appeared and to me known to
be the and respectively of
the that executed the
foregoing mstrument,and acknowledged the said instrument to be the free and voluntary act and
deed of said for the rises and purposes therein mentioned,and
on oath stated that they are authorized to execute the said instrument
Witness my hand and official seal hereto affix the day and year first above written.
Page 2 of
Dill of Sale
Notary Public in and for the
State of Washington,residing at
My Commission Expires
The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the
City Council of the City of Kent,King County,Washington,on the
day of .20
t
Page 3 of 3
Bill of Sale
1 Kent City Council Meeting
Date July 18, 2006
Category Consent Calendar
1. SUBJECT: BILL OF SALE, F & R COUNTRY ESTATES —ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for F&R Country Estates for
269 linear feet of streets, one storm manhole, two catch basins, and 93 linear feet of
storm sewer. This project is located at 12800 SE 2615C Pl.
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(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 $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
I
DISCUSSION:
ACTION:
Council Agenda
Item No 6H
KEN T
WASHIMGTOH
ADDENDUM TO BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
The figures used on the Bill of Sale for F & R Country Estates
project dated 7/8/05 were
based on the"As-Built"Engineering Plans dated 4/3/06 for
the same said F & R Country Estates project
Mel Daley FED the
undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill
of Sale and is an employee of DMP, Inc. ,the firm
responsible for tEe preparat on oii ie —SuJP' nE-gincenng rawuigs, - --
l J i
Signature
V
1
Page I of 3
i
s
KENT
WAS HINOTON
MAM TO:
ENGMEMG DEP4TMENT
AWN: 1 -
220 4Tu AVENUE SOU'M
KENT,WASH INGTONI 98032
PROJECT:
LOCATION:
TAX ACCT NO:
BILL OF SALE j
CITY OF KENT
I
KING COUNTY,WASHINGTON I
THIS INSTRUMENT made this day of 20 , by and
31st March 06
between Fred L. Fleischmanrl I
hereinafter called"Grantors",and City of Kent,a municipal corporation of King Cq ty,State of
Washington,hennafter called"Grantee":
WITNESSETH:
i
That the said Grantors for it valuable consideration,does hereby grant,bargpin,sell to
Grantee the following described improvements: i
i
A. WATFRMAM: together with a total of gate valves at
each, hydrants at S each and I or a6y other
appurtenances thereto
ON FROM TO
(street,esmt,etc) i
1
Including linear feet at S per LF of
(size&type) waterline.
I
B. SANITARY SEWERS: Together with a tote{of (manholes at
S each and!or any other appurtenances thereto.
ON FROM TO
(street,esmt,etc)
including linear feet at S per LF of
(size&type) sewer line.
I
C. �F : Together with curbs,gutters,sidewalks,and I or any other appurtenances
thereto.
QN SE 261st FROM 1+50 TO 2+81 li
(street,esmt,etc)
Tract "A" 1+19 2+65
138 Class
Including 131 centerline LF at S 1 00.00 per LF of Class "B"
(type)streets, 20 Feet asphalt roadway, i
22
A STO M EW RC: Together with a total of 1 manholles at S 1200.00
each or a total of 2 catch basins at S 900.00 each, ,
LF of biotiltratton Swale or drainage ditch with a total cost of S �
Page I of 3 ,
Bill of Sale
Page 2 of 3 I
CF of detention pond storage with a total cost of$ �,and I or any
other appurtenances thereto.
ON FROM TO
(street,esmt,etrl
21 $20.00 12" PV
Including 72 linear feet at 30.00 perLFof 12" Du tale Iron
(size&type) sewer line,
I
To have and to hold the same to the said Grantee,its successors and assigns forever.
i
The undersigned hereby covenants that it is the lawful owner of said proper ;and that the
same is free from all encumbrances;that all bills for labor and material hav4 been paid;that
it has the right to sell the some aforesaid;that it will warrant and defend the same against the
lawful claims and demand of all person
The Bill of Sale is given on consideration of the agreement of the Grantee fn itself,its
successors and assigns to incorporate said utilities in its utility system and to maintain them as
provided in the applicable City Ordinances.
IN WITLESS WHEREOF,the undersigned has caused this instrument to bG executed on this
5' day of r; 20 O G�I.
STATE OF WASHINGTON j
SS
COUNTY OF KING )
nC
On this day of ' 20 Q ,before��,me,the
undersigned A Notary Public in id fort a S�tta]]e of W� ,eshington,duly commissioned and
sworn,Personally appeared �Lt. �— F'IQI�'1l t'1(a" to me own to be the
individual described to and who executed the foregoing instrument,and acknowledged to me
that he/she signed and sealed this instrument as his/her free and voluntary aq4 and deed for
the uses and purposes therein mentioned. ��, n II
GIVEN under my hand and official seal this k day of S[pi 1 20 b2
N tary Public'' an for the
Hotary Pwac Sate of Washi gton,residing at
state of VA00"on
HEAD*R M THOMAS
My Appointment Eapaes Apr 17.2M
My Commissio Expires-._
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this day of ,20 ,before
me,the undersigned,a Notary Public in and for the State of Washington,dui commissioned
and sworn,personally appeared and
to me known to be the and
respectively of the
that executed the foregoing instrument,and acknowledged the said mstrume t to be the ft ee
and voluntary act and deed of said for theses and
purposes therein mentioned,and on oath stated that they are authorized to execute the said
instrument.
Page 2 of 3
Bill of Sale
Page 3 of 3 i
Witness my hand and official seal hereto affix the day and year first abov!written.
Notary Publ icin and for the
State of Washington,residing at
i
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed
by the City Council of the City of Kent,King County,Washington,on the
day of 20
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Page 3 of 3
Aril..f C.1.
Kent City Council Meeting
Date July 18, 2006
Category Consent Calendar
1. SUBJECT: BILL OF SALE, SELBOURNE LANE—ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for Selbourne Lane for one
gate valve, two watermain hydrants, 592 linear feet of watermain, 6 sanitary sewer
manholes and 601 linear feet of sewer. This project is located at 25833 - 116th Ave SE.
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(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 $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
1 DISCUSSION:
ACTION:
Council Agenda
Item No 6I
440
KENT
WAS H I N G T O N
ADDENDUM TO BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
The figures used on the Bill of Sale for 3` , b C k V .t � •�
project dated 7 %j1 ` � ,were
based on the"As-Built" Engineering Plans dated 6c A,A for
the same said
project. /I . , ( f%�� . ' 1{ , , �,, r i- the undersigned
f
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale
and is an employee of �. i ,, _ -- •,
` t
the firm responsible for the preparation of the"As-Built"
Engineering Drawings.
l
Signature Date:
Page t of
KENT
WASH ING TO N
MAIL TO:
ENGINEERING DEPARTMENT
ATTN
220 4r AVENUE SOUTH
KENT.WASHINGTON 98032
PROJECT:
LOCATION:
TAX ACCT NO:
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
acX�3
THIS INSTRUMENT made this-L6 day of NJ )�Q ,- by and
between L (31&1 eZ A-1 e I AdC4E LLL , hereinafter
called "Grantors", and City of Kent, a municipal corporation of King Countv, State
of Washington, hereinafter called "Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration, does hereby grant,
bargain,sell to the Grantee the following described improvements:
A. WATERMAINS: Together with a total of I gate valves at$ 500 each, i
hydrants at$ 1 Zoo each and/or any other
appurtenances thereto.
ON FROM TO
(street,esmt, etc)
J E 2 5 9'-, sfre-G4- ��ri✓s{� rOa�/ /
Including 51 Z linear feet at$ per LF of size) y.1.
(type) waterline.
1
Page 2 of 4
B. SANITARY SEWERS: Together with a total of__manholes at
$ 2oo each and/or any other appurtenances thereto.
ON FROM TO
(street, esmnt, etc.)
SE ZS'�)
Including (00 linear feet at $ D O er LF of
$" (size) acEc (type) sewer line.
C. STREETS: together with curbs, gutters,sidewalks, and/or any other
appurtenances thereto.
ON FROM TO
(street,esmt,etc.)
Including centerline LF at$ per LF of (type)
streets, feet asphalt roadway.
D. STORM SEWERS: together with a total of manholes at $
each or a total of catch basins at $ each,
LF of biofiltration swale or drainage ditch with a
total cost of$ , CF of detention pond
storage with a total cost of$ , and/or any other
appurtenances thereto.
ON FROM TO
(street,esmt,etc)
Including linear feet at$ per LF of (size)
(type) sewer line.
To have and to hold the same to the said Grantee,its successors and assigns
forever.
The undersigned hereby covenants that is is the lawful owner of said
property; and that the same is free from all encumbrances; that all bills for labor
and material have been paid; that it has the right to sell the same aforesaid; that it
will warrant and defend the same against the lawful claims and demands of all
persons.
2
Page 3 of 4
The Bill of Sale is given on consideration of the agreement of the Grantee for
itself, its successors and assigns to incorporate said utilities in its utility system and
to maintain them as provided in the applicable City Ordinances.
IN WITNESS WHEROF, the undersigned has caused this instrument to be
executed on this " day of J(2,64 e
i
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this day of before me, the undersigned,
A Notary Public in and for the State of Washington, duly commissioned and sworn,
Personally appeared `-box 17 to me known to be the
individual described in and who executed the foregoing instrument, and
acknowledged to me that he signed and sealed this instrument as
1\S free and voluntary act and deed for the uses and purposes therin
mentioned.
GIVEN under my hand and official seal this {_�_day of 110,
Notary Public
State of Washington
KARRIWYMAN Jqota Vublic in and foy the State of
MyAppomtmsM Expwas Apr 15,2006
W�ashington, residing at k'r tL
My Commission Expires: L.
T
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this day of , 19 ,before me, the
undersigned, a Notary Public in and for the State of Washington,duly
commissioned and sworn, personally appeared
and to me known to be the and
3
Page 4 of 4
respectively of
the that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therin mentioned, and on oath stated
that they are authorized to execute the said instrument.
Witness my hand and offical seal hereto affix the day and year first above written.
' Notary Public in and for the State of
Washington, residing at
My Commission Expires:
The Bill of sale is given and accepted pursuant to a motion duly made, seconded,
and passed by the City Council of the City of Kent, King County, Washington,on
the day of , 19
l 4
Kent City Council Meeting
Date July 18, 2006
Category Consent Calendar
1. SUBJECT: TRAFFIC SAFETY SCHOOL FEE INCREASE —APPROVE AND
AMEND BUDGET
2 SUMMARY STATEMENT: Approve the Drinking Driver Task Force's fee
increase for the Traffic Safety School to $60 per participant, effective September 1,
2006, and amend the City's budget accordingly.
L The Drinking Driver Task Force (DDTF) is currently conducting a Traffic Safety
School as a pilot program. The attendance fee is currently $30 per participant and
covers traffic school expenses. The current fee of$30 is substantially lower than other
agencies are charging for similar programs. The pilot program began in October 2005
and ends December 2006
3. EXHIBITS: None
4. RECOMMENDED BY: Public Safety Committee 7/I1/06
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Y Revenue? Y
Currently in the Budget? Yes_ No X
If no:
Unbudgeted Expense: Fund N00021.6xxxx.3233 Amount $33,750.00
Unbudgeted Revenue: Fund N00021 54212 Amount $33,750 00
6 CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
Kent City Council Meeting
Date July 18, 2006
tCategory Consent Calendar
1. SUBJECT: CONGRESSIONAL/LEGISLATIVE SUPPORT CONTRACT—
AUTHORIZE
2. SUMMARY STATEMENT: Authorization for the Mayor to sign the contract with
Thompson Smitch Consulting Group for $70,000 to provide the City with assistance to
secure the FY07 Energy and Water appropriation request, upon concurrence of its terms
and conditions by the City Attorney and the Public Works Director.
3. EXHIBITS: Public Works Committee memorandum and contract
' 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes 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: ,C
Council Agenda
Item No. 6K
PUBLIC WORIr.S DEPARTI UNT
Larry R. Blanchard, Public Works Director
•
KENT Phone 253-856-5500
WASHINGTON Fax 253-856-6500
Address 220 Fourth Avenue J
Kent,WA 98032-5895
Date: July 5, 2006
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: July 10,2006
From: Michael Mactutis, P.E., Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director L.RB
Subject: Congressional/Legislative Support Contract—Tim Thompson
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend authorizing the Mayor to sign the contract, upon concurrence of the language
therein by the City Attorney and Public Works Director, with Thompson Smiteli
Consulting Group for S70,000 to provide the City of Kent assistance to secure the FY06
Energy and Water appropriation request. 04
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: In October 2000, the U. S. Army Corps of Engineers(USACE), in
partnership with 17 local jurisdictions, non-profit organizations and the Muckleshoot Indian
Tribe, completed the Feasibility Report for the Duwamish/Green Ecosystem Restoration Project
(ERP). The focus of the ERP is the design and construction of 45 habitat restoration projects
throughout the Green/Duwamish watershed. The ERP was officially authorized for construction
by Congress under the Water Resource and Development Act of 2000 and work in the Pre-
Construction Engineering and Design(PED) Phase began. hn 2004,the ERP received a federal
new start construction budget of$500,000 In 2005, the ERP received an additional construction
budget of$1.25 million and, in 2006, $1.875 million Local jurisdictions have supported the
ERP work through contributions of local matching funds and staff time. It is clear that Congress
i is committed to the continued funding of this program and assisting local jurisdictions in the
construction of habitat restoration projects in the Green/Duwamish River system. The project
sites in the ERP are fully integrated with the WRIA 9 Salmon Habitat Plan, which has been
adopted by the City of Kent.
P 1PNblrclAdmmSrrp'Brr1rPNC nnnnnree UcOmrPogak
This contract will support the City of Kent's effort, on behalf of the WRIA 9 Forum, to secure
the FY07 Energy and Water Appropriation request. Although all of the WRIA 9 jurisdictions
participating in the GreenlDuwamish Ecosystem Restoration Project will benefit from this work,
Kent has prepared feasibility plans and designs for several important restoration projects
scheduled for construction in 2006, 2007 and further in the future and is in need of federal
construction funds to allow that construction to occur. The first phase of the Lake Meridian
Outlet Project, of which Kent is the sponsor, will be under construction in August, 2006, and will
be relying on funding in the future to be completed. Kent is therefore the appropriate jurisdiction
to lead this project.
Duties will include developing the FY 07 appropriation request, contacting key members and
staff of the Washington Congressional Delegation, securing key members support for the request
and tracking the appropriation process. Other duties shall include coordinating with the U.S.
Army Corps of Engineers and the City of Kent.
Summary: The contract will provide the City, on behalf of the Watershed Resource Inventory
Area 9 (WRIA 9), support to secure the FY07 Energy and Water appropriation request.
Recommendations: Recommend authorizing the Mayor to sign the contract, upon concurrence
of the language therein by the City Attorney and Public Works Director, with Thompson Snmitch
Consulting Group for S70,000 to provide the City of Kent assistance to secure the FYNT Energy
and Water appropriation request. c
P IPeAdrldl dmmSupl8ehlPBCmnmit?eUcannPngedne
•
KENT
WnSHIUGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Thompson Smitch Consulting Group, Inc.
iTHIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Thompson Stanch Consulting Group, Inc organized under the laws of the State of
Washington, located and doing business at 1821 East Dock Street, Tacoma, WA 98402, Phone: (253) 879-
12501Fax: (253) 879-1251, Contact: Tim Thompson (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 will work with the City to secure the FY 07 appropriation request, and establish a
meeting to secure funding for the Green Duwamish River Ecosystem Restoration project. For a
brief description, see the Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by April 30, 2007.
1II. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy
Thousand Dollars ($70,000.00) 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
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
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
portion of the invoice not in dispute. In that event, the parties will i mrnedi ately 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 under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party tlurty (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 tow hrch 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 commection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement i s subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL 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 S10,000)
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 OF 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 this
Agreement, t he w ork in ust in eet the approval o f t he C i ty and s hall b e subject t o t he C ity'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 arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in 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; provided,
however, nothing in this paragraph shall be construed to Inuit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
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 shalt be made without
additional written consent
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and sued 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 ternis 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.
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Title) (Tile)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Tim Thompson Larry R. Blanchard
Thompson Smitch Consulting Group City of Kent
1821 East Dock Street 220 Fourth Avenue South
Tacoma, WA 98402 Kent, WA 98032
(253) 879-1250 (telephone) (253) 856-5500 (telephone)
(253) 879-1251 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORA'[:
Kent Law Department
TSCG-FY07 Appropriation/Mactutis
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to_ An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole detennination regarding suspension or tennmation for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prune
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- t
CITY OF KENT a
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
' This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
' I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date)
between the firm I represent and the City of Kent.
' I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
' Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of , 200_
' By:
' For:
Title:
' Date:
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
MEMORANDUM
To: Mike Mactutis ,
From: Tim Thompson ,
Thompson Smitch Consulting Group (TSCG)
Date: March 6, 2006 '
Re: FY06 and FY07 Appropriation for Green Duwamish '
In a very difficult budget year we were successful in securing $1.875 million for the Green '
Duwamish River Ecosystem Restoration Project. Senator Murray deserves special
recognition for her efforts and leadership to secure this appropriation. ,
We worked closely with Senator Murray and Congressman Dicks, who also deserves thanks,
throughout last year to secure funding. In addition we worked with both offices to secure ,
support within the US Army Corps of Engineers to:
1. Initially get this project designated as a new construction start project.
2. Secure support as a priority Corp restoration project with OMB
3. We also attempted to get the project included in the FY07 Presidents budget
As you know, this is an ongoing effort that requires consultant attention. Enclosed is the ,
FY07 request that I need to submit as soon as possible to Senator Murray and Congressman
Dicks Office (this week and we are late) Since I have not heard about a contract for my ,
services this year, I would suggest I submit the request on your behalf on a probono basis in
order to have the appropriation request considered in a timely manner. '
I would further suggest that you renew me contract at the same amount and I focus on two
primary objectives: ,
1. Secure the FY07 appropriation request '
2. Establish a high level Washington DC meeting with Senator Murray, Congressman
Richert and the US Army Corp of Engineers to secure funding for the Green Duwamish
River Ecosystem Restoration Project in the Presidents FY08 budget. '
I have greatly appreciated the opportunity to work with you on this project and we have
enjoyed great success but there is still much work to be done in order to be successful. '
EXHIBIT B
INSURANCE REQUIREMENTS FOR
' CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arse from or in
connection with the perfomiance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
' A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
' independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be
no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to
the work performed for the City using ISO additional insured endorsement
CG 20 10 1185 or a substitute endorsement providing equivalent coverage.
' B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less
' than $1,000,000 each occurrence, $1,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
' 1. The Contractor's insurance coverage shall be primary insurance as respect the
City Any Insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not
' be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested,has been given to the City.
EXHIBIT B (Continued)
3. The City of Kent shall be named as an additional insured on all policies ,
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional ,
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies The
Contractor's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability. ,
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than '
ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured '
endorsement, evidencing the insurance requirements of the Contractor before
connuencenient of the work.
F. Subcontractors ,
Contractor shall include all subcontractors as insureds under its policies or shall fw7lish
separate certificates and endorsements for each subcontractor. All coverages for ,
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor
1
Kent City Council Meeting
Date Julv 18, 2006
' Category Other Business
1. SUBJECT: LAKE MERIDIAN OUTLET PROJECT COOPERATION
AGREEMENT
2. SUMMARY STATEMENT: Authorization for the Mayor to sign the Project
Cooperation Agreement between the City and the US Army Corps of Engineers for the
Lake Meridian Outlet Project upon concurrence of its terms and conditions by the City
Attorney and the Public Works Director.
' 3. EXHIBITS: Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
1 5. FISCAL IMPACT
Expenditure? $2,010,000 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
1 to authorize the Mayor to sign the Project Cooperation Agreement between the City and
the US Army Corps of Engineers for the Lake Meridian Outlet Project upon
concurrence of its terms and conditions by the City Attorney and the Public Works
Director.
' DISCUSSION: Q
ACTION: V Ci
Council Agenda
Item No 7A
PUBLIC WORKS DEPARTMENT
Larry R Blanchard, Public Works Director
•
K Phone 253-856-5500
ENT
WAS Fax 253-856-6500
Address 220 Fourth Avenue S
Kent, WA 98032-5895
IDate July 17, 2006
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date- July 17, 2006
From: Mike Mactutis, Environmental Engineering Supervisor
Through: Larry Blanchard, Public Works Director
Subject: Lake Meridian Outlet Project Cooperation Agreement
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend authorization for the Mayor to sign the Project Cooperation Agreement
' between the City of Kent and the US Army Corps of Engineers for the Lake Meridian
Outlet Project upon concurrence of the language therein by the City Attorney and the
Public Works Director.
Will document be required?
❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
' ❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: The Project Cooperation Agreement is a joint construction partnership
between US Army Corps of Engineers and the City of Kent The Lake Meridian Outlet project
was first identified as a needed improvement after annexation of the area in 1997 and added to
the Meridian Annexation Capital Improvement Plan in 1999. In October 2000, the U. S. Army
Corps of Engineers (USAGE), in partnership with 17 local jurisdictions, non-profit organizations
and the Muckleshoot Indian Tribe, completed the Feasibility Report for the Duwamish / Green
Ecosystem Restoration Project (ERP). The focus of the ERP is the design and construction of 45
habitat restoration projects throughout the Green/Duwamish watershed The Lake Meridian
' Outlet project is one of the first projects proposed for construction with ERP funding The Lake
Meridian Outlet will improve flow control at the outlet of the lake, restore a portion of the
current channel alignment, enhance wetland habitat and create 2,500 feet of new stream channel
P IPubhcUdm,nSupTWC..ateelAUin.Page doc
to Big Soos Creek. The total project cost estimate is $5,742,000. The City's portion is estimated
at$2,010,000
Summary: The Project Cooperation Agreement is a joint construction partnership between the
US Army Corps of Engineers and the City of Kent. The agreement includes the extent of
partnership, fiscal obligations, monitoring and adaptive management, and credit value for land,
easements, right-of-ways, relocations, and disposal areas. The agreement commits the City to
pay 35% of the project total cost.
Recommendation: Recommend authorization for the Mayor to sign the Project Cooperation
Agreement between the City of Kent and the US Army Corps of Engineers for the Lake
Meridian Outlet Project upon concurrence of the language therein by the City Attorney and the
IPublic Works Director
P VPuWrcUdmnSuplPWCmnmitt"Wa,,PaS doc
PROJECT COOPERATION AGREEMENT
' BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF KENT, WASHINGTON
FOR
1 CONSTRUCTION
OF THE
LAKE MERIDIAN OUTLET ECOYSYSTEM RESTORATION PROJECT
iTHIS AGREEMENT is entered into this _day of , 20 ,
by and between the Department of the Army (hereinafter the "Government"), represented
by the Assistant Secretary of the Army (Civil Works), and the City of Kent, Washington
(hereinafter the "Non-Federal Sponsor"), represented by the Mayor of the City of Kent.
WITNESSETH, THAT:
1 WHEREAS, construction of the Duwamish/Green River Ecosystem Restoration
Project (hereinafter the "Authorized Project') at Lake Meridian Outlet, Kent, Washington
for ecosystem restoration was authorized by Section 101(b) (26) of the Water Resources
1 Development Act of 2000, Public Law 106-541,
WHEREAS, the Government was authorized to perform monitoring and adaptive
management(as defined in Article I.M. and Article I.N. of this Agreement, respectively)
as part of the Authorized Project;
1 WHEREAS, the Government and the Non-Federal Sponsor desire to enter into a
Project Cooperation Agreement (hereinafter the "Agreement')for construction of the
Lake Meridian Outlet Ecosystem Restoration Project(a separable element of the
Authorized Project and hereinafter the "Project" as defined in Article I A. of this
Agreement),
WHEREAS, Section 103 of the Water Resources Development Act of 1986,
Public Law 99-662, as amended (33 U S.C. 2213), specifies the cost-sharing
requirements applicable to the Project;
1 WHEREAS, Section 902 of the Water Resources Development Act of 1986, Public
Law 99-662, as amended(33 U.S.0 Section 2280), establishes the maximum amount of
1 costs for the Authorized Project and sets forth procedures for adjusting such maximum
amount,
WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611,
as amended (42 U S C. 1962d-5b), and Section 1030) of the Water Resources
Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 22130)), provide,
Lake Meridian Outlet GD PCA 1
7/11/2006
t
inter alia, that the Secretary of the Army shall not commence construction of any water
resources project, or separable element thereof, until each non-Federal sponsor has
entered into a written agreement to furnish its required cooperation for the project or
separable element;
WHEREAS, the Government and the Non-Federal Sponsor have the full authority ,
and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing
and financing of the construction of the Project in accordance with the terms of this
Agreement, and
WHEREAS, the Government and the Non-Federal Sponsor, in connection with
this Agreement, desire to foster a partnering strategy and a working relationship between
the Government and the Non-Federal Sponsor through a mutually developed formal
strategy of commitment and communication embodied herein, which creates an
environment where trust and teamwork prevent disputes, foster a cooperative bond
between the Government and the Non-Federal Sponsor, and facilitate the successful
implementation of the Project;
NOW, THEREFORE, the Government and the Non-Federal Sponsor agree as
follows: '
ARTICLE I -DEFINITIONS AND GENERAL PROVISIONS
A. The term "Project" shall mean ecosystem restoration at Lake Meridian Outlet,
Kent, Washington (a separable element of the Authorized Project) as generally described
in the final report of the Chief of Engineers dated December 29, 2000, and the
"Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report,"
dated October 2000 and approved by the District Engineer, U.S. Army Corps of ,
Engineers, Seattle District, on October 30, 2000.
B. The term "total project costs" shall mean the sum of all costs incurred by the ,
Non-Federal Sponsor and the Government in accordance with the terms of this Agreement
directly related to construction of the Project. Subject to the provisions of this Agreement,
the term shall include, but is not necessarily limited to preconstruction engineering and
design costs, the Government's engineering and design costs during construction, the Non-
Federal Sponsor's and the Government's costs of investigations to identify the existence and
extent of hazardous substances in accordance with Article XIV.A of this Agreement, the
Government's costs of historic preservation activities in accordance with Article XVI1.A.
and Article XVII.B.1. of this Agreement, the Government's costs of monitoring in
accordance with Article 11 H and Article I1.1. of this Agreement, the Government's costs of
adaptive management in accordance with Article ILJ. and Article II K of this Agreement;
the Government's actual construction costs; the Government's supervision and
administration costs, the Non-Federal Sponsor's and the Government's costs of participation ,
in the Project Coordination Team in accordance with Article V of this Agreement; the
Government's costs of contract dispute settlements or awards, the value of lands, easements,
i
Lake Meridian Outlet GD PCA 2
7/11/2006
rights-of-way, relocations, and improvements required on lands, easements, and rights-of-
way to enable the disposal of dredged or excavated material for which the Government
affords credit in accordance with Article IV of this Agreement or for which reimbursement
by the Government is required pursuant to Article I[ B.3. of this Agreement, and the Non-
Federal Sponsor's and the Government's costs of audit in accordance with Article X B and
Article X.C. of this Agreement The term does not include any costs for operation,
maintenance, repair, replacement, or rehabilitation of the Project; any costs of betterments
1 under Article II.G.2 of this Agreement; any costs of dispute resolution under Article V[I of
this Agreement; the Government's costs for data recovery activities associated with historic
preservation in accordance with Article XVII B 2 and Article XVII.B.3 of this Agreement;
1 or the Non-Federal Sponsor's costs of negotiating this Agreement
C The term "period of construction" shall mean the time from the date the
Government issues the solicitation for the first construction contract for the Project or
commences construction of the Project using the Government's own forces, whichever is
earlier, to the date that construction, monitoring, and, if necessary, adaptive management of
' the Project are complete, as determined by the Government, or the date that this Agreement
is terminated in accordance with Article X111 or Article XIV.C. of this Agreement,
whichever is earlier.
D. The term 'financial obligations for construction" shall mean the financial
obligations of the Government that result or would result in costs that are or would be
included in total project costs except for obligations pertaining to the provision of lands,
easements, nghts-of-way, the performance of relocations, and the construction of
improvements required on lands, easements, and rights-of-way to enable the disposal of
dredged or excavated material.
E. The term "non-Federal proportionate share" shall mean the ratio of the Non-
Federal Sponsor's total cash contribution required in accordance with Article II.B.2. of this
Agreement to total f nancial obligations for construction, as projected by the Government.
F. The term "highway" shall mean any public highway,roadway, street, or way,
including any bridge thereof.
G. The term "relocation" shall mean providing a functionally equivalent facility to
the owner of an existing utility, cemetery, highway, railroad, or public facility when such
action is authorized in accordance with applicable legal principles of just compensation; or
providing a functionally equivalent facility when such action is specifically provided for,
and is identified as a relocation, in the authorizing legislation for the Project or any report
referenced therein. Providing a functionally equivalent facility may take the form of
alteration, lowering, raising, or replacement and attendant removal of the affected facility or
part thereof.
H. The term "functional portion of the Project" shall mean a portion of the Project
for which construction has been completed and that can function independently, as
Lake Meridian Outlet GD PCA 3
7/11/2006
determined by the U. S. Army Engineer, Seattle District(hereinafter the"District Engineer")
in writing, although the remainder of the Project is not complete
I. The term "betterment" shall mean a difference in the construction of an element
of the Project that results from the application of standards that the Government determines
exceed those that the Government would otherwise apply to the construction of that ,
element. The term does not include any construction for features not included in the Project
as defined in paragraph A. of this Article.
J. The term "Federal program funds" shall mean funds provided by a Federal
agency, other than the Department of the Army, plus any non-Federal contribution required
as a matching share therefor.
K. The term "fiscal year" shall mean one year beginning on October 1 and ending
on September 30.
L. The term" zscal year of the Non-Federal Sponsor" shall mean one year ,
beginning on January 1 and ending on December 31.
M The term "monitoring" shall mean activities, including the collection and
analysis of data, that are necessary to determine if predicted outputs of the Project are
being achieved and to determine if adaptive management is necessary.
N. The term "adaptive management" shall mean measures taken to adjust the
Project in response to the monitoring results so that the predicted outputs of the Project
are achieved following their construction. The term includes, but is not necessarily '
limited to, modifications of structures, or adjustments to operation or management, of the
Project.
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL
SPONSOR ,
A. The Government, subject to receiving funds appropriated by the Congress of
the United States (hereinafter, the "Congress") and using those funds and funds provided ,
by the Non-Federal Sponsor, shall expeditiously construct the Project, applying those
procedures usually applied to Federal projects, pursuant to Federal laws, regulations, and
policies
1. The Government shall not issue the solicitation for the first contract for
construction of the Project or commence construction of the Project using the
Government's own forces until the Non-Federal Sponsor has confirmed in writing its
willingness to proceed with the Project.
2. The Government shall afford the Non-Federal Sponsor the opportunity
to review and comment on the solicitations for all contracts, including relevant plans and
Lake Meridian Outlet GD PCA 4
7/11/2006
Lspecifications, prior to the Government's issuance of such solicitations. To the extent
possible, the Government shall afford the Non-Federal Sponsor the opportunity to review
and comment on all contract modifications, including change orders, prior to the issuance
to the contractor of a Notice to Proceed In any instance where providing the Non-
Federal Sponsor with notification of a contract modification or change order is not
possible prior to issuance of the Notice to Proceed, the Government shall provide such
notification in writing at the earliest date possible To the extent possible, the
I Government also shall afford the Non-Federal Sponsor the opportunity to review and
comment on all contract claims prior to resolution thereof The Government shall
consider in good faith the comments of the Non-Federal Sponsor, but the contents of
solicitations, award of contracts, execution of contract modifications, resolution of
contract claims, and performance of all work on the Project shall be exclusively within
the control of the Government
3. At the time the District Engineer furnishes the contractor with the
Government's Written Notice of Acceptance of Completed Work for each contract awarded
by the Government for the Project, the District Engineer shall furnish a copy thereof to the
Non-Federal Sponsor.
4. Notwithstanding paragraph A.2. of this Article, if the award of any
contract for construction, monitoring, or adaptive management of the Project, or
continuation of construction, monitoring, or adaptive management of the Project using
1 the Government's own forces, would result in total project costs exceeding $_1 - , -A ,
the Government and the Non-Federal Sponsor agree to defer award of that contract,
award of all remaining contracts for construction, monitoring, or adaptive management of
I the Project, and continuation of construction, monitoring, or adaptive management of the
Project using the Government's own forces until such time as the Government and the
Non-Federal Sponsor agree in writing to proceed with further contract awards for the
Project or the continuation of construction, monitoring, or adaptive management of the
Project using the Government's own forces, but in no event shall the award of contracts
or the continuation of construction, monitoring, or adaptive management of the Project
using the Government's own forces be deferred for more than three years.
Notwithstanding this general provision for deferral, in the event the Assistant Secretary
of the Army (Civil Works) makes a written determination that the award of such contract
or contracts or continuation of construction, monitoring, or adaptive management of the
Project using the Government's own forces must proceed in order to comply with law or
to protect human life or property from imminent and substantial harm, the Government,
' after consultation with the Non-Federal Sponsor, may award a contract or contracts, or
continue with construction, monitoring, or adaptive management of the Project using the
Government's own forces.
5. As of the effective date of this Agreement, $3,352.000 of Federal funds
have been provided by Congress for the Authorized Project of which , s t is
currently projected to be available for the Project The Government makes no
commitment to request Congress to provide additional Federal funds for the Authorized
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Project or the Project. Further, the Government's financial participation in the Project is
limited to the Federal funds that the Government makes available to the Project
B. The Non-Federal Sponsor shall contribute 35 percent of total project costs in
accordance with the provisions of this paragraph.
1. In accordance with Article III of this Agreement, the Non-Federal
Sponsor shall provide all lands, easements, and rights-of-way, including those required for
relocations, the borrowing of material, and the disposal of dredged or excavated material,
shall perform or ensure performance of all relocations, and shall construct improvements
required on lands, easements, and rights-of-way to enable the disposal of dredged or
excavated material that the Government determines to be required or to be necessary for
construction, operation, and maintenance of the Project.
2. The Non-Federal Sponsor shall provide additional funds in accordance '
with Article VI.B. of this Agreement in the amount necessary to meet the Non-Federal
Sponsor's required share of 35 percent of total project costs if the Government projects at
any time that the collective value of the following contributions will be less than such
required share (a) the value of the Non-Federal Sponsor's contributions under paragraph
B I of this Article, as determined in accordance with Article IV of this Agreement, and
(b) the value of the Non-Federal Sponsor's contributions under Article V, Article X, and
Article XIV.A of this Agreement.
3. The Government, subject to the availability of funds, shall refund or t
reimburse to the Non-Federal Sponsor any contributions in excess of 35 percent of total
project costs if the Government determines at any time that the collective value of the
following contributions has exceeded 35 percent of total project costs (a) the value of the
Non-Federal Sponsor's contributions under paragraph B.2 of this Article, (b) the value of
the Non-Federal Sponsor's contributions under paragraph B 1. of this Article, as determined '
in accordance with Article IV of this Agreement, and(c) the value of the Non-Federal
Sponsor's contributions under Article V, Article X, and Article X1V A. of this Agreement.
After such a determination, the Government, in its sole discretion, may acquire any
remaining lands, easements, and nghts-of-way required for the Project, perform any
remaining relocations necessary for the Project, or construct any remaining improvements
required on lands, easements, and nghts-of-way to enable the disposal of dredged or
excavated material required for the Project on behalf of the Non-Federal Sponsor
Notwithstanding the acquisition of lands, easements, and rights-of-way, performance of
relocations, or construction of improvements required on lands, easements, and nghts-of- ,
way to enable the disposal of dredged or excavated material by the Government under this
paragraph, the Non-Federal Sponsor shall be responsible, as between the Government
and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with
Article XIV.C. of this Agreement.
C. When the District Engineer determines that, except for monitoring and
adaptive management, the entire Project, or a functional portion of the Project,is
complete, the District Engineer shall so notify the Non-Federal Sponsor in writing and '
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furnish the Non-Federal Sponsor with a final Operation, Maintenance, Repair,
Rehabilitation, and Replacement Manual (hereinafter the "OMRR&R Manual") or, if the
I final OMRR&R Manual is not available, an interim OMRR&R Manual for the entire
Project or such completed portion. Upon such notification, the Government also shall
furnish to the Non-Federal Sponsor a copy of all final as-built drawings for the entire
j Project or such completed portion if such drawings are available Not later than 6
months after such notification by the Government that the entire Project is complete, the
' Government shall furnish the Non-Federal Sponsor with the final OMRR&R Manual and
all final as-built drawings for the entire Project In the event the final OMRR&R Manual
or all final as-built drawings for the entire Project cannot be completed within the 6
month period, the Government shall provide written notice to the Non-Federal Sponsor,
and the Government and the Non-Federal Sponsor shall negotiate an acceptable
completion date for furnishing such documents. Further, after completion of all contracts
1 for the Project, copies of all of the Government's Written Notices of Acceptance of
Completed Work for all contracts for the Project that have not been provided previously
shall be provided to the Non-Federal Sponsor.
D. Upon notification from the District Engineer in accordance with paragraph C.
of this Article, the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and
replace the entire Project, or the functional portion of the Project as the case may be, in
accordance with Article VIII of this Agreement. Concurrent with the Non-Federal
Sponsor's performance of operation, maintenance, repair, rehabilitation, and replacement
for the completed Project or such completed portion, the Government shall perform
monitoring and, if necessary, adaptive management in accordance with the provisions of
this Agreement.
jE. Upon the District Engineer's determination that, except for monitoring and
adaptive management, the entire Project is complete, the Government shall conduct an
interim accounting, in accordance with Article VI C of this Agreement, and furnish the
results to the Non-Federal Sponsor Further,upon conclusion of the period of construction
the Government shall amend the interim accounting to complete the final accounting, in
I accordance with Article VI.C. of this Agreement, and furnish the results to the Non-Federal
Sponsor.
F. The Non-Federal Sponsor shall not use Federal program funds to meet any of its
obligations for the Project under this Agreement unless the Federal agency providing the
Federal portion of such funds verifies in writing that expenditure of such funds for such
purpose is expressly authorized by Federal law.
G. The Non-Federal Sponsor may request the Government to perform or provide,
on behalf of the Non-Federal Sponsor, one or more of the services (hereinafter the
"additional work") described in this paragraph Such requests shall be in writing and
shall describe the additional work requested to be performed or provided If in its sole
discretion the Government elects to perform or provide the requested additional work or
any portion thereof, it shall so notify the Non-Federal Sponsor in a writing that sets forth
any applicable terms and conditions, which must be consistent with this Agreement. In
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the event of conflict between such a writing and this Agreement, this Agreement shall
control. The Non-Federal Sponsor shall be solely responsible for all costs of the
additional work performed or provided by the Government under this paragraph and shall
pay all such costs in accordance with Article VLD of this Agreement.
1 Acquisition of lands, easements, and rights-of-way; performance of
relocations; or construction of improvements required on lands, easements, and rights-of-
way to enable the disposal of dredged or excavated material for the Project
Notwithstanding acquisition of lands, easements, and rights-of-way, performance of
relocations, or construction of improvements by the Government, the Non-Federal
Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor,
for any costs of cleanup and response in accordance with Article XIV.C. of this
Agreement.
2. Inclusion of betterments in the construction of the Project. In the event
the Government elects to include any such betterments, the Government shall allocate the
costs of the Project features that include betterments between total project costs and the '
costs of the betterments.
H. Prior to completion of construction of a functional portion of the Project, the
Government, in consultation with the Non-Federal Sponsor and, as appropriate, other
concerned agencies, shall finalize the plan for monitoring such functional portion of the
Project. The monitoring plan for each_ Junctional portion of the Project shall describe the
specific parameters to be monitored; how these parameters relate to achieving the desired
outcomes and to ascertaining whether adaptive management measures will be necessary;
methods for measuring those parameters; frequency and duration of monitoring for such
functional portion of the Project; criteria for measuring the success of such functional
portion of the Project; preparation and distribution of monitoring reports and other
coordination requirements; and estimated monitoring costs. As of the effective date of
this Agreement, the costs of monitoring of the entire Authorized Project are estimated to
be $20,000
I. Upon providing notification to the Non-Federal Sponsor that a functional
portion of the Project is complete in accordance with paragraph C. of this Article, the
Government shall perform monitoring such functional portion of the Project in accordance
with the monitoring plan for a period of 5 consecutive years from the date of such
notification However, the monitoring of such functional portion of the Project by the
Government shall end prior to the expiration of such period upon the occurrence of either
of the following events: (1) the award of the next contract for monitoring for any
functional portion of the Project, or continuation of monitoring of the functional portion of
the Project using the Government's own forces, would result in the costs incurred for
monitoring of the entire Authorized Project exceeding 1 percent of the amount equal to
total project costs of the Project plus the costs for all other separable elements of the
Authorized Project minus the costs for monitoring and adaptive management of the entire
Authorized Project, or (2) the District Engineer determines that continued monitoring of
such functional portion of the Project is not necessary.
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J. Applying the criteria specified in the monitoring plan, the Government shall
determine, for each functional portion of the Project, whether adaptive management of
such functional portion of the Project. The Government may make such a determination
for a functional portion of the Project at any time during the monitoring period described
in paragraph 1. of this Article for such functional portion of the Project. Within 120
calendar days after the expiration or termination of such monitoring period for each
I functional portion of the Project, the Government shall make a final determination of
whether adaptive management of such functional portion of the Project is necessary. In
making such determinations, the Government shall consult with the Non-Federal Sponsor
and, as appropriate, with other concerned agencies. Upon any determination by the
Government that adaptive management of a functional portion of the Project is
necessary, the Government shall notify the Non-Federal Sponsor in writing of its
determination and expeditiously shall perform such adaptive management in accordance
with paragraph K of this Article. If, after the expiration or termination of the monitoring
period for a functional portion of the Project, the Government determines that adaptive
management for such functional portion of the Project is not necessary, the Government
shall notify the Non-Federal Sponsor in writing of its determination and shall conduct a
final accounting in accordance with paragraph E. of this Article
K. If the Government determines,pursuant to paragraph J of this Article, that
adaptive management of a functional portion of the Project is necessary, the
Government, in consultation with the Non-Federal Sponsor and, as appropriate, other
concerned agencies, shall perform adaptive management of such functional portion of the
Project in accordance with the provisions of this paragraph and paragraph A. of this
Article.
1. In no event shall the award of any contract for adaptive management of
1 and functional portion of the Project, or continuation of adaptive management of any
functional portion of the Project using the Government's own forces,result in the costs
incurred for adaptive management of all the features of the Authorized Project exceeding
3 percent of the amount equal to total ecosystem restoration costs of the Project plus the
costs for all other ecosystem restoration separable elements of the Authorized Project
minus the costs for monitoring and adaptive management of all the features for ecosystem
restoration in the entire Authorized Project. As of the effective date of this Agreement,
the costs of adaptive management of the entire Authorized Project are estimated to be $0.
2. When the District Engineer determines that adaptive management of a
functional portion of the Project is complete, or that the costs therefor have or will
exceed the 3 percent amount determined in accordance with sub-paragraph 1 of this
paragraph, the District Engineer shall: a) notify the Non-Federal Sponsor in writing of
such completion, b) furnish the Non-Federal Sponsor with an amended OMRR&R
Manual that reflects any modifications to structures or adjustments to operation or
1 management methods; c) furnish the Non-Federal Sponsor with a copy of any new or
revised as-built drawings for such junctional portion of the Project, and d) within 30
calendar days after such notice and in consultation with the Non-Federal Sponsor,
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determine whether to continue monitoring of such functional portion of the Project,
subject to the limits in paragraph 1. of this Article, or to conduct a final accounting in
accordance with paragraph E of this Article.
3. Upon notification from the District Engineer in accordance with sub-
paragraph 2. of this paragraph, the Non-Federal Sponsor shall operate, maintain, repair,
rehabilitate, and replace such functional portion of the Project in accordance with Article
VHI of this Agreement.
L The Non-Federal Sponsor shall prevent obstructions or encroachments on the
Project(including prescribing and enforcing regulations to prevent such obstructions or
encroachments) such as any new developments on Project lands, easements, and rights-of-
way or the addition of facilities which might reduce the outputs produced by the Project,
hinder operation and maintenance of the Project, or interfere with the Project's proper
function.
M. The Non-Federal Sponsor shall not use the Project, or the lands, easements,
and rights-of-way required pursuant to Article III of this Agreement, as a wetlands bank
or mitigation credit for any other project.
ARTICLE III - LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS,
DISPOSAL AREA IMPROVEMENTS, AND COMPLIANCE WITH
PUBLIC LAW 91-646, AS AMENDED
A. The Government, after consultation with the Non-Federal Sponsor, shall
determine the lands, easements, and rights-of-way required for the construction,
operation, and maintenance of the Project, including those required for relocations, the
borrowing of material, and the disposal of dredged or excavated material The
Government in a timely manner shall provide the Non-Federal Sponsor with general
written descriptions, including maps as appropriate, of the lands, easements, and rights-
of-way that the Government determines the Non-Federal Sponsor must provide, in detail
sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this
paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed
with acquisition of such lands, easements, and rights-of-way. Prior to the issuance of the ,
solicitation for each Government contract for construction of the Project, or prior to the
Government incurring any financial obligations for construction of a portion of the
Project using the Government's own forces, the Non-Federal Sponsor shall acquire all
lands, easements, and rights-of-way the Government determines the Non-Federal
Sponsor must provide for that work and shall provide the Government with authorization
for entry thereto Furthermore, prior to the end of the period of construction, the Non-
Federal Sponsor shall acquire all lands, easements, and rights-of-way required for
construction, operation, and maintenance of the Project, as set forth in such descriptions,
and shall provide the Government with authorization for entry thereto The Non-Federal
Sponsor shall ensure that lands, easements, and rights-of-way that the Government
determines to be required for the Project and that were provided by the Non-Federal
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Sponsor are retained in public ownership for uses compatible with the authorized
purposes of the Project.
B. The Government, after consultation with the Non-Federal Sponsor, shall
determine the relocations necessary for construction, operation, and maintenance of the
Project, including those necessary to enable the borrowing of material or the disposal of
dredged or excavated material. The Government in a timely manner shall provide the
Non-Federal Sponsor with general written descriptions, including maps as appropriate, of
such relocations in detail sufficient to enable the Non-Federal Sponsor to fulfill its
obligations under this paragraph, and shall provide the Non-Federal Sponsor with a
written notice to proceed with such relocations. Prior to the issuance of the solicitation
for each Government contract for construction of the Project, or prior to the Government
incurring any financial obligations for construction of a portion of the Project using the
Government's own forces, the Non-Federal Sponsor shall prepare or ensure the
preparation of plans and specifications for, and perform or ensure the performance of, all
relocations the Government determines to be necessary for that work. Furthermore, prior
to the end of the period of construction, the Non-Federal Sponsor shall perform or ensure
performance of all relocations as set forth in such descriptions.
C. The Government, after consultation with the Non-Federal Sponsor, shall
determine the improvements required on lands, easements, and rights-of-way to enable the
disposal of dredged or excavated material associated with construction, operation, and
maintenance of the Project Such improvements may include, but are not necessarily
limited to, retaining dikes,wasteweirs, bulkheads, embankments, monitoring features,
stilling basins, and de-watenng pumps and pipes. The Government in a timely manner shall
provide the Non-Federal Sponsor with general written descriptions, including maps as
appropriate, of such improvements in detail sufficient to enable the Non-Federal Sponsor to
fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a
written notice to proceed with construction of such improvements Prior to the issuance of
the solicitation for each Government contract for construction of the Project, or prior to the
Government incurring any financial obligations for construction of a portion of the
Project using the Government's own forces, the Non-Federal Sponsor shall prepare plans
and specifications for all improvements the Government determines to be required for the
disposal of dredged or excavated material under that contract, submit such plans and
specifications to the Government for approval, and provide such improvements in
accordance with the approved plans and specifications Furthermore, prior to the end of the
period of construction, the Non-Federal Sponsor shall provide all improvements set forth in
such descriptions.
D. The Non-Federal Sponsor shall comply with the applicable provisions of the
1 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
Public Law 91-646, as amended (42 U S.C. 4601-4655), and the Uniform Regulations
contained in 49 C.F.R Part 24, in acquiring lands, easements, and rights-of-way required
1 for the construction, operation, and maintenance of the Project, including those necessary
for relocations, the borrowing of material, or the disposal of dredged or excavated
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material, and shall inform all affected persons of applicable benefits,policies, and
procedures in connection with said Act
ARTICLE IV - CREDIT FOR VALUE OF LANDS, EASEMENTS, RIGHTS-OF-WAY,
RELOCATIONS, AND DISPOSAL AREA IMPROVEMENTS
A. The Government shall include in total project costs and afford credit toward the
Non-Federal Sponsor's share of total project costs for the value of the lands, easements, and
rights-of-way that the Non-Federal Sponsor must provide pursuant to Article III A of this
Agreement, for the value of the relocations that the Non-Federal Sponsor must perform or
for which it must ensure performance pursuant to Article III B of this Agreement, and for
the value of the improvements required on lands, easements, and rights-of-way to enable the
disposal of dredged or excavated material that the Non-Federal Sponsor must provide
pursuant to Article III.0 of this Agreement. However, no amount shall be included in total
project costs, no credit shall be afforded, and no reimbursement shall be provided for the
value of any lands, easements, rights-of-way, relocations, or improvements required on
lands, easements, and rights-of-way to enable the disposal of dredged or excavated material
that have been provided previously as an item of cooperation for another Federal project. In
addition, no amount shall be included in total project costs, no credit shall be afforded, and
no reimbursement shall be provided for the value of lands, easements, rights-of-way,
relocations, or improvements required on lands, easements, and rights-of-way to enable the
disposal of dredged or excavated material that were acquired or performed using Federal
program funds unless the Federal agency providing the Federal portion of such funds
verifies in writing that affording credit for the value of such items is expressly authorized by
Federal law.
B. The Non-Federal Sponsor in a timely manner shall provide the Government with i
such documents as are sufficient to enable the Government to determine the value of any
contribution provided pursuant to Article III A., Article III.B , or Article III.0 of this
Agreement Upon receipt of such documents, the Government in a timely manner shall
determine the value of such contributions for the purpose of including such value in total
project costs and for determining the amount of credit to be afforded or reimbursement to
be provided in accordance with the provisions of this Agreement.
C. For the purposes of determining the value to be included in total project costs
and the amount of credit to be afforded or reimbursement to be provided in accordance with
this Agreement and except as otherwise provided in paragraph G. of this Article, the value
of lands, easements, and rights-of-way, including those required for relocations, the
borrowing of material, and the disposal of dredged or excavated material, shall be the fair
market value of the real property interests, plus certain incidental costs of acquiring those
interests, as determined in accordance with the provisions of this paragraph.
1 Date of Valuation. The fair market value of lands, easements, or rights-
of-way owned by the Non-Federal Sponsor on the effective date of this Agreement shall be
the fair market value of such real property interests as of the date the Non-Federal Sponsor
provides the Government with authorization for entry thereto. The fair market value of
Lake Meridian Outlet GD PCA 12
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1 lands, easements, or rights-of-way acquired by the Non-Federal Sponsor after the effective
date of this Agreement shall be the fair market value of such real property interests at the
Itime the interests are acquired
2. General Valuation Procedure. Except as provided in paragraph C 3 or
paragraph C.5 of this Article, the fair market value of lands, easements, or rights-of-way
shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property
interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-
Federal Sponsor and the Government The Non-Federal Sponsor shall provide the
Government with the appraisal no later than 6 months after the Non-Federal Sponsor
provides the Government with an authorization for entry for such real property interest.
The appraisal must be prepared in accordance with the applicable rules of just
compensation, as specified by the Government. The fair market value shall be the amount
set forth in the Non-Federal Sponsor's appraisal, if such appraisal is approved by the
Government In the event the Government does not approve the Non-Federal Sponsor's
appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value
shall be the amount set forth in the Non-Federal Sponsor's second appraisal, if such
appraisal is approved by the Government In the event the Government does not approve
the Non-Federal Sponsor's second appraisal, the Non-Federal Sponsor chooses not to obtain
a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as
required in this paragraph, the Government shall obtain an appraisal, and the fair market
value shall be the amount set forth in the Government's appraisal, if such appraisal is
approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not
approve the Government's appraisal, the Government, after consultation with the Non-
Federal Sponsor, shall consider the Government's and the Non-Federal Sponsor's appraisals
and determine an amount based thereon, which shall be deemed to be the fair market value
ib. Where the amount paid or proposed to be paid by the Non-Federal
Sponsor for the real property interest exceeds the amount determined pursuant to paragraph
C.2 a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall
consider all factors relevant to determining fair market value and, in its sole discretion, after
consultation with the Non-Federal Sponsor, may approve in writing an amount greater than
the amount determined pursuant to paragraph C.2 a of this Article, but not to exceed the
amount actually paid or proposed to be paid. If the Government approves such an amount,
the fair market value shall be the lesser of the approved amount or the amount paid by the
Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a.
of this Article.
3. Eminent Domain Valuation Procedure. For lands, easements, or rights-
of-way acquired by eminent domain proceedings instituted after the effective date of this
Agreement, the Non-Federal Sponsor, prior to instituting such proceedings, shall submit to
the Government notification in writing of its intent to institute such proceedings and an
appraisal of the specific real property interests to be acquired in such proceedings The
r
Lake Meridian Outlet GD PCA 13
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Government shall have 60 calendar days after receipt of such a notice and appraisal within
which to review the appraisal, if not previously approved by the Government in writing
a. If the Government previously has approved the appraisal in
writing, or if the Government provides written approval of, or takes no action on, the
appraisal within such 60 day period, the Non-Federal Sponsor shall use the amount set forth
in such appraisal as the estimate of just compensation for the purpose of instituting the
eminent domain proceeding
b. If the Government provides written disapproval of the appraisal,
including the reasons for disapproval, within such 60 day period, the Government and the ,
Non-Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of
disagreement that are identified in the Government's written disapproval If, after such
good faith consultation, the Government and the Non-Federal Sponsor agree as to an
appropriate amount, then the Non-Federal Sponsor shall use that amount as the estimate of
just compensation for the purpose of instituting the eminent domain proceeding. If, after
such good faith consultation, the Government and the Non-Federal Sponsor cannot agree as
to an appropriate amount, then the Non-Federal Sponsor may use the amount set forth in its
appraisal as the estimate ofjust compensation for the purpose of instituting the eminent
domain proceeding.
c. For lands, easements, or rights-of-way acquired by eminent
domain proceedings instituted in accordance with paragraph C.3 of this Article, fair market
value shall be either the amount of the court award for the real property interests taken, to
the extent the Government determined such interests are required for construction,
operation, and maintenance of the Project, or the amount of any stipulated settlement or
portion thereof that the Government approves in writing.
4. Incidental Costs For lands, easements, or rights-of-way acquired by the
Non-Federal Sponsor within a five year period preceding the effective date of this
Agreement, or at any time after the effective date of this Agreement, the value of the interest
shall include the documented incidental costs of acquiring the interest, as determined by the
Government, subject to an audit in accordance with Article X.C. of this Agreement to
determine reasonableness, allocability, and allowability of costs In the event the
Government modifies its determination made pursuant to Article II1.A. of this
Agreement, the Government shall afford credit for the documented incidental costs
associated with preparing to acquire the lands, easements, or rights-of-way identified in
the original determination, subject to an audit in accordance with Article X.0 of this
Agreement to determine reasonableness, allocability, and allowabdity of costs. Such
incidental costs shall include,but not necessarily be limited to, closing and title costs,
appraisal costs, survey costs, attorney's fees, plat maps,mapping costs, actual amounts
expended for payment of any relocation assistance benefits provided in accordance with
Article IILD. of this Agreement, and other payments by the Non-Federal Sponsor for
items that are generally recognized as compensable, and required to be paid, by
applicable state law due to the acquisition of a real property interest in accordance with
Article III of this Agreement. The value of the interests provided by the Non-Federal
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i
Sponsor in accordance with Article III.A. of this Agreement shall also include the
documented costs of obtaining appraisals pursuant to paragraph C 2 of this Article, as
determined by the Government, and subject to an audit in accordance with Article X.C.
of this Agreement to determine reasonableness, allocability, and allowability of costs
5. Waiver of Appraisal Except as required by paragraph C.3 of this
Article, the Government may waive the requirement for an appraisal pursuant to this
i paragraph if it determines that an appraisal is unnecessary because the valuation is
uncomplicated and that the estimated fair market value of the real property interest is
$10,000 or less based upon a review of available data. In such event, the Government
and the Non-Federal Sponsor must agree in writing to the value of such real property
interest in an amount not in excess of$10,000
D. After consultation with the Non-Federal Sponsor, the Government shall
determine the value of relocations in accordance with the provisions of this paragraph.
1. For a relocation other than a highway, the value shall be only that portion
of relocation costs that the Government determines is necessary to provide a functionally
equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any
' removed items.
2 For a relocation of a highway, the value shall be only that portion of
relocation costs that would be necessary to accomplish the relocation in accordance with the
design standard that the State of Washington would apply under similar conditions of
geography and traffic load, reduced by the salvage value of any removed items
i3. Relocation costs shall include, but not necessarily be limited to, actual
costs of performing the relocation, planning, engineering and design costs; supervision and
administration costs, and documented incidental costs associated with performance of the
relocation,as determined by the Government. Relocation costs shall not include any costs
due to betterments, as determined by the Government, nor any additional cost of using new
material when suitable used material is available Relocation costs shall be subject to an
audit in accordance with Article X.0 of this Agreement to determine reasonableness,
allocability, and allowability of costs
E. The value of the improvements required on lands, easements, and rights-of-way
to enable the disposal of dredged or excavated material shall be the costs of the
improvements, as determined by the Government, subject to an audit in accordance with
Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of
costs. Such costs shall include, but not necessarily be limited to, actual costs of providing
the improvements; planning, engineering and design costs, supervision and administration
costs; and documented incidental costs associated with providing the improvements, but
shall not include any costs due to betterments, as determined by the Government.
F. Any credit afforded or reimbursement provided under the terms of this
Agreement for the value of relocations, or improvements required on lands, easements,
Lake Meridian Outlet GD PCA 15
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and rights-of-way to enable the disposal of dredged or excavated material, performed within
the Project boundaries is subject to satisfactory compliance with applicable Federal labor
laws covering non-Federal construction, including, but not limited to, 40 U.S C. 3141-
3148 and 40 U S C. 3701-3708 (revising, codifying and enacting without substantive
change the provisions of the Davis-Bacon Act(formerly 40 U.S C. 276a etseq.), the
Contract Work Hours and Safety Standards Act(formerly 40 U.S.C. 327 et seq.) and the
Copeland Anti-Kickback Act(formerly 40 U.S C. 276c)). Notwithstanding any other
provision of this Agreement, credit or reimbursement may be withheld, in whole or in
part, as a result of the Non-Federal Sponsor's failure to comply with its obligations under
these laws.
G. Where the Government, on behalf of the Non-Federal Sponsor pursuant to
Article Il G.1. of this Agreement, acquires lands, easements, or rights-of-way, performs
relocations, or constructs improvements required on lands, easements, or rights-of-way to
enable the disposal of dredged or excavated material, the value to be included in total
project costs and the amount of credit to be afforded or the amount of reimbursement
provided in accordance with this Agreement shall be the costs of such work performed or
provided by the Government that are paid by the Non-Federal Sponsor in accordance
with Article VI.D. of this Agreement In addition, the value to be included in total
project costs and the amount of such credit to be afforded or the amount of
reimbursement provided in accordance with this Agreement shall include the documented
costs incurred by the Non-Federal Sponsor in accordance with the terms and conditions
agreed upon in writing pursuant to Article II.G t of this Agreement subject to an audit in
accordance with Article X C. of this Agreement to determine reasonableness, allocability,
and allowability of costs.
ARTICLE V - PROJECT COORDINATION TEAM
A. To provide for consistent and effective communication, the Non-Federal
Sponsor and the Government, not later than 30 days after the effective date of this
Agreement, shall appoint named senior representatives to a Project Coordination Team.
Thereafter, the Project Coordination Team shall meet regularly until the end of the period
of construction. The Government's Project Manager and a counterpart named by the
Non-Federal Sponsor shall co-chair the Project Coordination Team.
B. The Government's Project Manager and the Non-Federal Sponsor's
counterpart shall keep the Project Coordination Team informed of the progress of
construction and of significant pending issues and actions, and shall seek the views of the
Project Coordination Team on matters that the Project Coordination Team generally
oversees
C. Until the end of the period of construction, the Project Coordination Team
shall generally oversee the Project, including issues related to plans and specifications;
scheduling, real property and relocation requirements, real property acquisition, contract
awards and modifications; contract costs, the application of and compliance with 40
Lake Meridian Outlet GD PCA 16
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U.S.C. 3141-3148 and 40 U.S C. 3701-3708 (revising, codifying and enacting without
substantive change the provisions of the Davis-Bacon Act (formerly 40 U.S C 276a et
seq), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et
seq ) and the Copeland Anti-Kickback Act (formerly 40 U S.C. 276c)) for relocations
and improvements required on lands, easements, and rights-of-way to enable the disposal
of dredged or excavated material, the investigations to identify the existences and extent
of hazardous substances in accordance with Article XIV A of this Agreement; historic
preservation activities in accordance with Article XVII. of this Agreement; the
Government's cost projections; final inspection of the entire Project or junctional portions
of the Protect, preparation of the proposed OMRR&R Manual; finalization of the
monitoring plan;performance of monitoring and adaptive management; anticipated
requirements and needed capabilities for performance of operation, maintenance, repair,
replacement, and rehabilitation of the Project including the issuance of permits; and other
matters related to the Project. This oversight of the Project shall be consistent with a
project management plan developed by the Government after consultation with the Non-
Federal Sponsor.
iD. The Project Coordination Team may make recommendations to the District
Engineer on matters related to the Project that the Project Coordination Team generally
oversees, including suggestions to avoid potential sources of dispute The Government in
good faith shall consider the recommendations of the Project Coordination Team. The
Government, having the legal authority and responsibility for construction of the Project,
has the discretion to accept or reject, in whole or in part, the Project Coordination Team's
recommendations.
E. The Non-Federal Sponsor's costs of participation in the Project Coordination
Team shall be included in total project costs and shared in accordance with the provisions
of this Agreement, subject to an audit in accordance with Article X.0 of this Agreement
to determine reasonableness, allocability, and allowability of costs. The Government's
costs of participation in the Project Coordination Team shall be included in total project
costs and shared in accordance with the provisions of this Agreement.
ARTICLE VI - METHOD OF PAYMENT
A. In accordance with the provisions of this paragraph, the Government shall
maintain current records, and provide to the Non-Federal Sponsor current projections of,
costs, financial obligations, contributions provided by the parties, and the value included
in total project costs for the value of lands, easements, rights-of-way, relocations, and
improvements required on lands, easements, and rights-of-way to enable the disposal of
dredged or excavated material determined in accordance with Article IV of this
Agreement.
1. As of the effective date of this Agreement, total project costs are
' projected to be $5,742,000, the Non-Federal Sponsor's contribution of funds required by
Article 11 B 2 of this Agreement is projected to be $2,010,000; the non-Federal
proportionate share is projected to be 35 percent; the Non-Federal Sponsor's
Lake Meridian Outlet GD PCA 17
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contribution of funds required by Article XVILB 3. of this Agreement is projected to be
$ 0 , the value included in total project costs for the value of lands, easements, rights-of-
way, relocations, and improvements required on lands, easements, and rights-of-way to
enable the disposal of dredged or excavated material determined in accordance with
Article IV of this Agreement is projected to be 847 000; and the Government's total
financial obligations for the additional work to be incurred and the Non-Federal
Sponsor's contribution of funds for such costs required by Article II.G. of this Agreement
are projected to be $0 These amounts and percentage are estimates subject to adjustment
by the Government, after consultation with the Non-Federal Sponsor, and are not to be
construed as the total financial responsibilities of the Government and the Non-Federal
Sponsor.
2. By January 1 and by each quarterly anniversary thereof until the
conclusion of the period of construction and resolution of all relevant claims and appeals
and eminent domain proceedings, the Government shall provide the Non-Federal Sponsor
with a report setting forth all contributions provided to date and the current projections of
the following. total project costs; the Non-Federal Sponsor's total contribution of funds
required by Article II B.2. of this Agreement, the non-Federal proportionate share; the
Non-Federal Sponsor's total contribution of funds required by Article XVILB 3. of this
Agreement, the total contribution of funds required from the Non-Federal Sponsor for the
forthcoming fiscal year; the maximum amount determined in accordance with Article
XIX of this Agreement; the value included in total project costs for the value of lands,
easements, rights-of-way, relocations, and improvements required on lands, easements,
and rights-of-way to enable the disposal of dredged or excavated material determined in
accordance with Article IV of this Agreement; and the Government's total financial
obligations for additional work incurred and the Non-Federal Sponsor's contribution of
funds for such costs required by Article ILG. of this Agreement.
B. The Non-Federal Sponsor shall provide the contributions of funds required by
Article II B 2. and Article XVILB 3 of this Agreement in accordance with the provisions
of this paragraph.
1. Not less than 30 calendar days prior to the scheduled date for issuance
of the solicitation for the first contract for construction of the Prolect or commencement
of construction of the Project using the Government's own forces, the Government shall
notify the Non-Federal Sponsor in writing of such scheduled date and the funds the
Government determines to be required from the Non-Federal Sponsor to meet (a) the
non-Federal proportionate share of financial obligations for construction incurred prior
to the commencement of the period of construction, (b) the projected non-Federal
proportionate share of financial obligations for construction through the first quarter;
and (c) the Non-Federal Sponsor's share of the projected financial obligations for data
recovery activities associated with historic preservation pursuant to Article XVII.B.3. of
this Agreement to be incurred in the first quarter; or, if use of a continuing contract has
been approved pursuant to Federal laws,regulations and policies, the Non-Federal
Sponsor's share of the projected financial obligations for data recovery activities
associated with historic preservation pursuant to Article XVII B.3. of this Agreement
1
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through the first quarter Not later than such scheduled date, the Non-Federal Sponsor
shall provide the Government with the full amount of the required funds by delivering a
check payable to "FAO, USAED, Seattle District" to the District Engineer, or verifying
to the satisfaction of the Government that the Non-Federal Sponsor has deposited the
required funds in an escrow or other account acceptable to the Government, with interest
accruing to the Non-Federal Sponsor, or by presenting the Government with an
irrevocable letter of credit acceptable to the Government for the required funds, or by
providing an Electronic Funds Transfer of the required funds in accordance with
procedures established by the Government
2. Thereafter, until the construction of the Project is complete, the
Government shall notify the Non-Federal Sponsor in writing of the funds the Government
determines to be required from the Non-Federal Sponsor, and the Non-Federal Sponsor
_ shall provide such funds in accordance with the provisions of this paragraph
a. Where the Government will use a continuing contract approved
pursuant to Federal laws, regulations, and policies to make financial obligations for
construction of the Project or financial obligations for data recovery activities associated
with historic preservation pursuant to Article XVILB 3. of this Agreement, the
Government shall notify the Non-Federal Sponsor in writing, no later than 60 calendar
days prior to the beginning of each quarter in which the Government projects that it will
make such financial obligations, of the funds the Government determines to be required
from the Non-Federal Sponsor to meet (a) the projected non-Federal proportionate
share of financial obligations for construction to be incurred in that quarter for such
continuing contract and(b) the Non-Federal Sponsor's share of the projected financial
obligations for data recovery activities associated with historic preservation pursuant to
Article XVII B 3. of this Agreement for that quarter for such continuing contract. No
later than 30 calendar days prior to the beginning of that quarter, the Non-Federal
' Sponsor shall make the full amount of the required funds for that quarter available to the
Government through any of the payment mechanisms specified in paragraph B 1. of this
Article.
b. For each contract for the Project where the Government will
not use a continuing contract to make financial obligations for construction or financial
' obligations for data recovery activities associated with historic preservation pursuant to
Article XVII.B.3. of this Agreement, the Government shall notify the Non-Federal
Sponsor in writing, no later than 60 calendar days prior to the scheduled date for issuance
of the solicitation for such contract, of the funds the Government determines to be
required from the Non-Federal Sponsor to meet. (a) the projected non-Federal
proportionate share of financial obligations for construction to be incurred for such
contract and(b) the Non-Federal Sponsor's share of the projected financial obligations
for data recovery activities associated with historic preservation pursuant to Article
XVILB 3 of this Agreement to be incurred for such contract No later than such
scheduled date, the Non-Federal Sponsor shall make the full amount of such required
funds available to the Government through any of the payment mechanisms specified in
paragraph B.I of this Article.
Lake Meridian Outlet GD PCA 19
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c. Where the Government projects that it will make
financial obligations for construction of the Project using the Government's own forces
or financial obligations for data recovery activities associated with historic preservation
pursuant to Article XVILB 3. of this Agreement using the Government's own forces, the
Government shall notify the Non-Federal Sponsor in writing, no later than 60 calendar
days prior to the beginning of each quarter in which the Government projects that it will
make such financial obligations, of the funds the Government determines to be required
from the Non-Federal Sponsor to meet (a) the projected non-Federal proportionate
share of financial obligations for construction using the Government's own forces for
that quarter and (b) the Non-Federal Sponsor's share of the projected financial
obligations for data recovery activities associated with historic preservation pursuant to
Article XVILB 3. of this Agreement using the Government's own forces for that quarter.
No later than 30 calendar days prior to the beginning of that quarter, the Non-Federal
Sponsor shall make the full amount of such required funds for that quarter available to
the Government through any of the payment mechanisms specified in paragraph B.1. of
this Article.
3. The Government shall draw from the funds provided by the Non-
Federal Sponsor such sums as the Government deems necessary to cover (a) the non-
Federal proportionate share of financial obligations for construction incurred prior to
the commencement of the period of construction; (b) the non-Federal proportionate
share of financial obligations for construction as financial obligations for construction
are incurred, and (c) the Non-Federal Sponsor's share of financial obligations for data
recovery activities associated with historic preservation pursuant to Article XVII B 3. of
this Agreement as those financial obligations are incurred If at any time the Government
determines that additional funds will be needed from the Non-Federal Sponsor to cover
the Non-Federal Sponsor's share of such financial obligations in the current quarter, the
Government shall notify the Non-Federal Sponsor in writing of the additional funds
required and provide an explanation of why additional funds are required. Within 60
calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the
Government with the full amount of the additional required funds through any of the
payment mechanisms specified in paragraph B.1. of this Article.
C. Upon the District Engineer's determination that, except for monitoring and ,
adaptive management, the entire Project is complete and resolution of all relevant claims
and appeals and eminent domain proceedings, the Government shall conduct an interim
accounting and furnish the results to the Non-Federal Sponsor. Further, upon conclusion of
the period of construction and resolution of all relevant claims and appeals and eminent
domain proceedings, the Government shall amend the interim accounting to complete the
final accounting and furnish the results to the Non-Federal Sponsor. If outstanding relevant
claims and appeals or eminent domain proceedings prevent a final accounting from being
conducted in a timely manner, the Government shall amend the previous interim
accounting and furnish the Non-Federal Sponsor with written notice of the results of such
amended interim accounting Once all outstanding relevant claims and appeals and
eminent domain proceedings are resolved, the Government shall amend the interim
Lake Meridian Outlet GD PCA 20
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1 �
accounting to complete the final accounting and furnish the Non-Federal Sponsor with
written notice of the results of such final accounting. The interim or final accounting, as
1 applicable, shall determine total project costs and the costs of any data recovery activities
associated with historic preservation In addition, for each set of costs, the interim or
final accounting, as applicable, shall determine each party's required share thereof, and
each party's total contributions thereto as of the date of such accounting
1. Should the interim or final accounting, as applicable, show that the
Non-Federal Sponsor's total required share of total Project costs and the costs of any data
recovery activities associated with historic preservation exceed the Non-Federal
Sponsor's total contributions provided thereto, the Non-Federal Sponsor, no later than 90
calendar days after receipt of written notice from the Government, shall make a payment
to the Government in an amount equal to the difference by delivering a check payable to
"FAO, USAED, Seattle District" to the District Engineer or by providing an Electronic
Funds Transfer in accordance with procedures established by the Government.
2. Should the interim or final accounting, as applicable, show that the
total contributions provided by the Non-Federal Sponsor for total Project costs and the
costs of any data recovery activities associated with historic preservation exceed the Non-
Federal Sponsor's total required shares thereof, the Government, subject to the availability
of funds shall refund or reimburse the excess amount to the Non-Federal Sponsor within
90 calendar days of the date of completion of such accounting. In the event the Non-
Federal Sponsor is due a refund or reimbursement and funds are not available to refund
or reimburse the excess amount to the Non-Federal Sponsor, the Government shall seek
such appropriations as are necessary to make the refund or reimbursement.
D. The Non-Federal Sponsor shall provide the contribution of funds required by
Article II.G of this Agreement for additional work in accordance with the provisions of
this paragraph.
1. Not less than 30 calendar days prior to the scheduled date for the first
financial obligation for additional work, the Government shall notify the Non-Federal
Sponsor in writing of such scheduled date and of the full amount of funds the
Government determines to be required from the Non-Federal Sponsor to cover the costs
' of the additional work. No later than 30 calendar days prior to the Government incurring
any financial obligation for additional work, the Non-Federal Sponsor shall provide the
Government with the full amount of the funds required to cover the costs of such
' additional work through any of the payment mechanisms specified in paragraph B 1. of
this Article.
2. The Government shall draw from the funds provided by the Non-
Federal Sponsor such sums as the Government deems necessary to cover the
Government's financial obligations for such additional work as they are incurred. If at
any time the Government determines that the Non-Federal Sponsor must provide
additional funds to pay for such additional work, the Government shall notify the Non-
Federal Sponsor in writing of the additional funds required and provide an explanation of
Lake Meridian Outlet GD PCA 21
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why additional funds are required Within 30 calendar days from receipt of such notice,
the Non-Federal Sponsor shall provide the Government with the full amount of the
additional required funds through any of the payment mechanisms specified in paragraph
B.1. of this Article.
3. At the time the Government conducts the interim or final accounting,
as applicable, the Government shall conduct an accounting of the Government's financial
obligations for additional work incurred and furnish the Non-Federal Sponsor with
written notice of the results of such accounting If outstanding relevant claims and
appeals or eminent domain proceedings prevent a final accounting of additional work
from being conducted in a timely manner, the Government shall conduct an interim
accounting of additional work and furnish the Non-Federal Sponsor with written notice of
the results of such interim accounting. Once all outstanding relevant claims and appeals
and eminent domain proceedings are resolved, the Government shall amend the interim
accounting of additional work to complete the final accounting of additional work and
furnish the Non-Federal Sponsor with written notice of the results of such final
accounting. Such interim or final accounting, as applicable, shall determine the
Government's total financial obligations for additional work and the Non-Federal
Sponsor's contribution of funds provided thereto as of the date of such accounting.
a. Should the interim or final accounting, as applicable, show that
the total obligations for additional work exceed the total contribution of funds provided
by the Non-Federal Sponsor for such additional work, the Non-Federal Sponsor, no later
than 90 calendar days after receipt of written notice from the Government, shall make a
payment to the Government in an amount equal to the difference by delivering a check
payable to "FAO, USAED, Seattle District" to the District Engineer or by providing an
Electronic Funds Transfer in accordance with procedures established by the Government
b. Should the interim or final accounting, as applicable, show that
the total contribution of funds provided by the Non-Federal Sponsor for additional work
exceeds the total obligations for such additional work, the Government, subject to the
availability of funds, shall refund the excess amount to the Non-Federal Sponsor within
90 calendar days of the date of completion of such accounting In the event the Non-
Federal Sponsor is due a refund and funds are not available to refund the excess amount
to the Non-Federal Sponsor, the Government shall seek such appropriations as are ,
necessary to make the refund.
ARTICLE VII - DISPUTE RESOLUTION ,
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If the
parties cannot resolve the dispute through negotiation, they may agree to a mutually
acceptable method of non-binding alternative dispute resolution with a qualified third
party acceptable to both parties. Each party shall pay an equal share of any costs for the
Lake Meridian Outlet GD PCA 22
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services provided by such a third party as such costs are incurred. The existence of a
dispute shall not excuse the parties from performance pursuant to this Agreement.
ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REHABILITATION,
AND REPLACEMENT (OMRR&R)
A. Upon receipt of the notification from the District Engineer in accordance with
Article ILC of this Agreement and for so long as the Project remains authorized, the Non-
Federal Sponsor, pursuant to Article It D of this Agreement, shall operate, maintain,
repair, rehabilitate, and replace the entire Project or functional portion of the Project, at no
cost to the Government. The Non-Federal Sponsor shall conduct its operation,
maintenance, repair, rehabilitation, and replacement responsibilities in a manner
compatible with the Project's authorized purposes and in accordance with applicable
Federal and State laws as provided in Article XI of this Agreement and specific directions
prescribed by the Government in the interim or final OMRR&R Manual and any
subsequent amendments thereto
B. The Non-Federal Sponsor hereby gives the Government a right to enter, at
reasonable times and in a reasonable manner,upon property that the Non-Federal Sponsor
now or hereafter owns or controls for access to the Project for the purpose of inspection and,
if necessary, for the purpose of completing, operating, maintaining, repairing, rehabilitating,
or replacing the Project If an inspection shows that the Non-Federal Sponsor for any
reason is failing to perform its obligations under this Agreement, the Government shall send
a written notice describing the non-performance to the Non-Federal Sponsor. If, after 30
calendar days from receipt of such written notice by the Government, the Non-Federal
Sponsor continues to fail to perform, then the Government shall have the right to enter, at
reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor
now or hereafter owns or controls for the purpose of completing, operating, maintaining,
repairing, rehabilitating, or replacing the Project. No completion, operation, maintenance,
repair, rehabilitation, or replacement by the Government shall relieve the Non-Federal
Sponsor of responsibility to meet the Non-Federal Sponsor's obligations as set forth in this
Agreement, or to preclude the Government from pursuing any other remedy at law or equity
to ensure faithful performance pursuant to this Agreement
ARTICLE IX - HOLD AND SAVE
Subject to the provisions of Article XX of this Agreement, the Non-Federal
Sponsor shall hold and save the Government free from all damages arising from the
construction, monitoring, adaptive management, operation, maintenance, repair,
replacement, and rehabilitation of the Project and any betterments, except for damages
due to the fault or negligence of the Government or their contractors.
I
i
Lake Meridian Outlet GD PCA 23
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ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this Agreement, the
Government and the Non-Federal Sponsor shall develop procedures for keeping books,
records, documents, or other evidence pertaining to costs and expenses incurred pursuant to
this Agreement. These procedures shall incorporate, and apply as appropriate, the standards
for financial management systems set forth in the Uniform Administrative Requirements for ,
Grants and Cooperative Agreements to State and Local Governments at 32 C F.R Section
33 20. The Government and the Non-Federal Sponsor shall maintain such books, records,
documents, or other evidence in accordance with these procedures and for a minimum of
three years after completion of the accounting for which such books, records, documents, or
other evidence were required. To the extent permitted under applicable Federal laws and
regulations, the Government and the Non-Federal Sponsor shall each allow the other to
inspect such books, records,documents, or other evidence.
B In accordance with 32 C.F.R Section 33 26, the Non-Federal Sponsor is
responsible for complying with the Single Audit Act Amendments of 1996 (31 U S C. 7501-
7507), as implemented by Office of Management and Budget(OMB) Circular No A-133
and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor
and to the extent permitted under applicable Federal laws and regulations, the Government
shall provide to the Non-Federal Sponsor and independent auditors any information
necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement.
The costs of any non-Federal audits performed in accordance with this paragraph shall be
allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such
costs as are allocated to the Project shall be included in total project costs and shared in
accordance with the provisions of this Agreement
C In accordance with 31 U.S.C. 7503, the Government may conduct audits in
addition to any audit that the Non-Federal Sponsor is required to conduct under the Single
Audit Act Amendments of 1996 Any such Government audits shall be conducted in
accordance with Government Auditing Standards and the cost principles in OMB Circular
No A-87 and other applicable cost principles and regulations. The costs of Government
audits performed in accordance with this paragraph shall be included in total project costs
and shared in accordance with the provisions of this Agreement.
ARTICLE XI - FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations under this Agreement, the
Non-Federal Sponsor and the Government shall comply with all applicable Federal and
State laws and regulations, including, but not limited to Section 601 of the Civil Rights
Act of 1964, Public Law 88-352 (42 U.S.0 2000d) and Department of Defense Directive
5500 11 issued pursuant thereto, Army Regulation 600-7, entitled"Nondiscrimination on
the Basis of Handicap in Programs and Activities Assisted or Conducted by the
Department of the Army"; and all applicable Federal labor standards requirements
Lake Meridian Outlet GD PCA 24
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Iincluding, but not limited to, 40 U S C 3141-3148 and 40 U.S.0 3701-3708 (revising,
codifying and enacting without substantive change the provisions of the Davis-Bacon Act
(formerly 40 U S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act
(formerly 40 U.S.C. 327 etseq.) and the Copeland Anti-Kickback Act (formerly 40
U S C. 276c)).
ARTICLE XII - RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this Agreement,
the Government and the Non-Federal Sponsor each act in an independent capacity, and
' neither is to be considered the officer, agent, or employee of the others.
B. In the exercise of its rights and obligations under this Agreement, neither party
shall provide,without the consent of the other party, any contractor with a release that
waives or purports to waive any rights the other party may have to seek relief or redress
against that contractor either pursuant to any cause of action that the other party may have or
for violation of any law.
ARTICLE XIII - TERMINATION OR SUSPENSION
A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this
Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this
Agreement or suspend future performance under this Agreement unless he determines that
continuation of work on the Project is in the interest of the United States or is necessary in
order to satisfy agreements with any other non-Federal interests in connection with the
Project
B. In the event the Government projects that the amount of Federal funds the
Government will make available to the Project through the then-current fiscal year, or the
amount of Federal funds the Government will make available for the Project through the
upcoming fiscal year, is not sufficient to meet the Federal share of total project costs and
the Federal share of costs for data recovery activities associated with historic preservation
in accordance with Article XVII B 2 and Article XVIi B.3. of this Agreement that the
Government projects to be incurred through the then-current or upcoming fiscal year, as
applicable, the Government shall notify the Non-Federal Sponsor in writing of such
insufficiency of funds and of the date the Government projects that the Federal funds that
will have been made available to the Project will be exhausted Upon the exhaustion of
Federal funds made available by the Government to the Project, future performance
under this Agreement shall be suspended Such suspension shall remain in effect until
such time that the Government notifies the Non-Federal Sponsor in writing that sufficient
Federal funds are available to meet the Federal share of total project costs and the
Federal share of costs for data recovery activities associated with historic preservation in
accordance with Article XVII B.2. and Article XV1LB 3 of this Agreement the
Government projects to be incurred through the then-current or upcoming fiscal year, or
the Government or the Non-Federal Sponsor elects to terminate this Agreement.
Lake Meridian Outlet GD PCA 25
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C. In the event that the Government and the Non-Federal Sponsor determine to
suspend future performance under this Agreement in accordance with Article XIV.0 of
this Agreement, such suspension shall remain in effect until the Government and the
Non-Federal Sponsor agree to proceed or to terminate this Agreement In the event that
the Government suspends future performance under this Agreement in accordance with
Article XIV.C. of this Agreement due to failure to reach agreement with the Non-Federal
Sponsor on whether to proceed or to terminate this Agreement, or the failure of the Non-
Federal Sponsor to provide funds to pay for cleanup and response costs or to otherwise
discharge the Non-Federal Sponsor's responsibilities under Article XIV.C. of this
Agreement, such suspension shall remain in effect until- 1) the Government and Non-
Federal Sponsor reach agreement on how to proceed or to terminate this Agreement; 2)
the Non-Federal Sponsor provides funds necessary to pay for cleanup and response costs
and otherwise discharges its responsibilities under Article XIV C of this Agreement; 3)
the Government continues work on the Project; or 4) the Government terminates this
Agreement in accordance with the provisions of Article XIV C of this Agreement.
D. In the event that this Agreement is terminated pursuant to this Article or Article
XIV.0 of this Agreement, both parties shall conclude their activities relating to the Project
and conduct an accounting in accordance with Article VI C of this Agreement To provide
for this eventuality, the Government may reserve a percentage of total Federal funds
made available for the Project and an equal percentage of the total funds contributed by
the Non-Federal Sponsor in accordance with Article II B 2 and Article XVII B.3 of this
Agreement as a contingency to pay costs of termination, including any costs of resolution
of contract claims and contract modifications.
E. Any termination of this Agreement or suspension of future performance under
this Agreement in accordance with this Article or Article XIV.C. of this Agreement shall
not relieve the parties of liability for any obligation previously incurred. Any delinquent
payment owed by the Non-Federal Sponsor shall be charged interest at a rate, to be
determined by the Secretary of the Treasury, equal to 150 per centum of the average bond
equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on
which such payment became delinquent, or auctioned immediately prior to the beginning of
each additional 3 month period if the period of delinquency exceeds 3 months
ARTICLE XIV - HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the District Engineer,
the Non-Federal Sponsor shall perform, or ensure performance of, any investigations for
hazardous substances that the Government or the Non-Federal Sponsor determines to be
necessary to identify the existence and extent of any hazardous substances regulated under
the Comprehensive Environmental Response, Compensation, and Liability Act(hereinafter
"CERCLA") (42 U S.0 9601-9675), that may exist in, on, or under lands, easements, and
rights-of-way that the Government determines, pursuant to Article III of this Agreement, to
be required for construction, operation, and maintenance of the Project. However, for lands,
Lake Meridian Outlet GD PCA 26
7,11/2006
easements, and rights-of-way that the Government determines to be subject to the navigation
servitude, only the Government shall perform such investigations unless the District
Engineer provides the Non-Federal Sponsor with prior specific written direction, in which
case the Non-Federal Sponsor shall perform such investigations in accordance with such
written direction
1. All actual costs incurred by the Non-Federal Sponsor for such
investigations for hazardous substances shall be included in total project costs and shared in
accordance with the provisions of this Agreement, subject to an audit in accordance with
Article X.C. of this Agreement to determine reasonableness, allocability, and allowabtlity of
costs.
2 All actual costs incurred by the Government for such investigations for
hazardous substances shall be included in total project costs and shared in accordance
with the provisions of this Agreement.
B. In the event it is discovered through any investigation for hazardous substances
or other means that hazardous substances regulated under CERCLA exist in, on, or under
any lands, easements, or rights-of-way that the Government determines, pursuant to Article
III of this Agreement, to be required for construction, operation, and maintenance of the
Project, the Non-Federal Sponsor and the Government, in addition to providing any other
notice required by applicable law, shall provide prompt written notice to each other, and the
Non-Federal Sponsor shall not proceed with the acquisition of the real property interests
until the parties agree that the Non-Federal Sponsor should proceed.
1 C. The Government and the Non-Federal Sponsor shall determine whether to
initiate construction of the Project, or, if already in construction, whether to continue with
construction of the Project, suspend future performance under this Agreement, or terminate
this Agreement for the convenience of the Government, in any case where hazardous
substances regulated under CERCLA are found to exist in, on, or under any lands,
easements, or rights-of-way that the Government determines, pursuant to Article III of this
Agreement, to be required for construction, operation, and maintenance of the Project.
Should the Government and the Non-Federal Sponsor determine to initiate or continue with
construction of the Project after considering any liability that may anse under CERCLA, the
Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal
Sponsor, for the costs of cleanup and response, including the costs of any studies and
investigations necessary to determine an appropriate response to the contamination. Such
' costs shall not be considered a part of total project costs. In the event the Non-Federal
Sponsor does not reach agreement with the Government on whether to proceed or to
terminate this Agreement under this paragraph, or fails to provide any funds necessary to
pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's
responsibilities under this paragraph upon direction by the Government, the Government, in
its sole discretion, may either terminate this Agreement for the convenience of the
Government, suspend future performance under this Agreement, or continue work on the
Project.
Lake Meridian Outlet GD PCA 27
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D. The Non-Federal Sponsor and the Government shall consult with each other in
accordance with Article V of this Agreement in an effort to ensure that responsible parties
bear any necessary cleanup and response costs as defined in CERCLA. Any decision made
pursuant to paragraph C. of this Article shall not relieve any third party from any liability
that may arise under CERCLA
E. As between the Government and the Non-Federal Sponsor, the Non-Federal
Sponsor shall be considered the operator of the Project for purposes of CERCLA liability.
To the maximum extent practicable, the Non-Federal Sponsor shall operate,maintain,
repair, rehabilitate, and replace the Project in a manner that will not cause liability to arise
under CERCLA.
ARTICLE XV-NOTICES
A. Any notice,request, demand, or other communication required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and
delivered personally or sent by telegram or mailed by first-class, registered, or certified mail,
as follows.
If to the Non-Federal Sponsor:
Public Works Department
City of Kent
220 Fourth Avenue S.
Kent, WA 98032-5895
If to the Government:
Chief, Planning Branch, PPMD
Seattle District, Corps of Engineers
P.O. Box 3755
Seattle, WA 98124-3755
B. A party may change the address to which such communications are to be
directed by giving written notice to the other party in the manner provided in this Article.
C. Any notice, request, demand, or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at the earlier of such time as
it is actually received or seven calendar days after it is mailed.
ARTICLE XVI - CONFIDENTIALITY
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1
To the extent permitted by the laws governing each party,the parties agree to
maintain the confidentiality of exchanged information when requested to do so by the
providing party
ARTICLE XVII - HISTORIC PRESERVATION
A. The Government, as it determines necessary for the Project, shall perform any
identification, survey, or evaluation of historic properties. Any costs incurred by the
Government for such work shall be included in total project costs and shared in
accordance with the provisions of this Agreement.
B The Government, as it determines necessary for the Project, shall perform or
ensure the performance of any mitigation activities or actions for historic properties or
that are otherwise associated with historic preservation including data recovery activities.
1. Any costs incurred by the Government for such mitigation activities,
except for data recovery activities associated with historic preservation, shall be included
in total project costs and shared in accordance with the provisions of this Agreement.
2. As specified in Section 7(a) of Public Law 86-523, as amended by Public
Law 93-291 (16 U.S.0 469c (a)), the costs of data recovery activities associated with
historic preservation shall be borne entirely by the Government and shall not be included in
total project costs, up to the statutory limit of one percent of the total amount authorized to
be appropriated to the Government for the Project.
3 The Government shall not incur costs for data recovery activities
associated with historic preservation that exceed the statutory one percent limit specified in
paragraph B.2 of this Article unless and until the Assistant Secretary of the Army(Civil
Works) has waived that limit, and the Secretary of the Interior has concurred in the
waiver, in accordance with Section 208(3)of Public Law 96-515, as amended(16 U.S.0
469c-2(3)). Any costs of data recovery activities associated with historic preservation that
exceed the one percent limit shall not be included in total project costs but shall be shared
between the Non-Federal Sponsor and the Government consistent with the cost sharing
requirements for ecosystem restoration, as follows• 35 percent will be borne by the Non-
Federal Sponsor and 65 percent will be borne by the Government.
C. If, during its performance of relocations or construction of improvements
required on lands, easements, and rights-of-way to enable the disposal of dredged or
excavated material in accordance with Article III of this Agreement, the Non-Federal
Sponsor discovers historic properties or other cultural resources that have not been evaluated
by the Government pursuant to this Article, the Non-Federal Sponsor shall not proceed with
performance of the relocation or construction of the improvement that is related to such
discovery until the Government provides written notice to the non-Federal Sponsor that it
should proceed with such work.
Lake Meridian Outlet GD PCA 29
7/11/2006
ARTICLE XVIII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any rights,
confer any benefits, or relieve any liability, of any kind whatsoever in any third person
not party to this Agreement.
ARTICLE XIX - SECTION 902 MAXIMUM COST OF PROJECT 1
A The Non-Federal Sponsor understands that Section 902 of the Water Resources
Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2280) establishes
the maximum amount of total costs for the Authorized Project, of which the Project is a
separable element On the effective date of this Agreement, the maximum amount of total
costs for the Authorized Project, which is the sum of total project costs for the Project and
the costs for all other separable elements of the Authorized Project, is estimated to be
$196,763,000, as calculated in accordance with Engineer Regulation 1105-2-100,using
October 1, 2006 price levels, and including allowances for projected future inflation. The
Government shall adjust such maximum amount of total costs for the Authorized Project, in
accordance with Section 902 of the Water Resources Development Act of 1986, Public
Law 99-662, as amended(33 U S C. 2280),when necessary.
B Notwithstanding any other provision of this Agreement, the Government shall
not incur a new financial obligation or expenditure for the Project, or include in total project
costs for the Project any additional contribution provided by the Non-Federal Sponsor, if
such obligation, expenditure or additional contribution would cause the sum of cumulative
project costs for the Project and the cumulative costs for all other separable elements of the
Authorized Project to exceed such maximum total costs for the Authorized Project, unless
otherwise authorized by law.
ARTICLE XX- OBLIGATIONS OF FUTURE APPROPRIATIONS
A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of
future appropriations by the City of Kent of the State of Washington, where creating such
an obligation would be inconsistent with R.0 W. 35A.33.120, the Constitution of the
State of Washington, or the Kent City Code
B. The Non-Federal Sponsor intends to satisfy its obligations under this
Agreement The Non-Federal Sponsor shall include in its budget request or otherwise
propose appropriations of funds in amounts sufficient to fulfill these obligations for that
fiscal biennium, and shall use all reasonable and lawful means to secure those
appropriations The Non-Federal Sponsor reasonably believes that funds in amounts
sufficient to fulfill these obligations lawfully can and will be appropriated and made
available for this purpose In the event funds are not appropriated in amounts sufficient
to fulfill these obligations, the Non-Federal Sponsor shall use its best efforts to satisfy
any requirements for payments or contributions of funds under this Agreement from any
Lake Meridian Outlet GD PCA 30
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1
other source of funds legally available for this purpose. Further, if the Non-Federal
Sponsor is unable to fulfill these obligations, the Government may exercise any legal
rights it has to protect the Government's interests related to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
which shall become effective upon the date it is signed by the Assistant Secretary of the
Army (Civil Works).
DEPARTMENT OF THE ARMY KENT, WASHINGTON:
BY: BY:
Suzette Cooke
Commander Mayor
Seattle District City of Kent
DATE: DATE:
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CERTIFICATE OF AUTHORITY
I, Arthur Fitzpatrick, Deputy City Attorney, do hereby certify that I am the principal
legal officer of the City of Kent, Washington, that the City of Kent, Washington is a legally
constituted public body with full authority and legal capability to perform the terms of the
Agreement between the Department of the Army and the City of Kent in connection with
the Meridian Valley Creek Ecosystem Restoration Project, and to pay damages in
accordance with the terms of this Agreement, if necessary, in the event of the failure to ,
perform, as required by Section 221 of Public Law 91-611 (42 U.S C Section 1962d-5b),
and that the persons who have executed this Agreement on behalf of the City of Kent have
acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of 20_
Arthur Fitzpatrick
Deputy City Attorney
Lake Meridian Outlet GD PCA 32
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1
CERTIFICATION REGARDING LOBBYING
LThe undersigned certifies, to the best of his or her knowledge and belief that
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
' an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than S 10,000 and not more than $100,000 for each such failure.
KENT, WASHINGTON
Suzette Cooke, Mayor
DATE-
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7i 11;2006
CERTIFICATE OF LEGAL REVIEW
The Project Cooperation Agreement for Construction of the Lake Meridian Outlet
Ecosystem Restoration Project at the City of Kent, Washington, part of the
Duwamish/Green River Basin Ecosystem Restoration Project, was fully reviewed by the
Office of Counsel, USAED, Seattle District, Seattle, Washington. This PCA uses version
10C of the draft ecosystem restoration and recreation model PCA, with references to
recreation eliminated consistent with version 3C of the draft ecosystem restoration model
without recreation Version IOC was used because it has the most current language,
particularly relating to Article XVII. The draft models were used on the advice of Kim
Smith, CECW-PC. There are no deviations in this PCA from the draft models
i
Date:
Assistant District Counsel
Lake Meridian Outlet GD PCA 34
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REPORTS FROM STANDING COMMITTEES AND STAFF
' A. COUNCIL PRESIDENT
B MAYOR
C. PARKS AND HUMAN SERVICES COMMITTEE
D. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
E. OPERATIONS COMMITTEE
F. PUBLIC SAFETY COMMITTEE
' G. PUBLIC WORKS
H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
' PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
JUNE 19, 2006
' Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Watson
The meeting was called to order by Chair Harmon at 4:00 p.m.
Approval of Minutes
Member Watson Moved and Member Clark Seconded a Motion to approve the minutes of
May 15, 2006. Motion Passed 3-0.
Community Development Director Fred Satterstrom explained that he was removing Agenda
Item No. 3 The City Boundary Adjustment on the Harvey Grohs Propertyuntd such time as
IDes Moines indicates they are going forward with the same.
Countywide Planning Policies Amendment -King County Council Ordinance No.15426
' Planning Manager Charlene Anderson stated that the City of Kent is subject to the Countywide
Planning Policies as they provide the framework for the City's comprehensive planning effort.
Ms. Anderson stated that staff is proposing ratification of two amendments approved by the
' Growth Management Planning Council (GMPC) and King County. The first proposed change
would adjust Kent's potential annexation area to incorporate an area along 204th Avenue, east
of Orillia Road. The second proposed change is to consider South Lake Union's request to be
an Urban Center. Ms. Anderson stated that when 30% of the cities with 70% of the population
adopt or ratify the policies they become affective.
' Member Tim Clark Moved and Member Elizabeth Watson Seconded a Motion to recommend to
the full Council ratification of amendments to the Countywide Planning Policies approved under
GMPC Motion Nos 05-1 and 05-02 adding 30.3 acres to the Potential Annexation Area of the
' City of Kent and designating South Lake Union and Urban Center. Motion Passed 3-0.
Historic Preservation
' Planner Lydia Moorehead presented more detailed information on staffs two proposed options
as previously presented before the Committee at their May 151h meeting. Ms. Moorehead stated
that these options would initiate a process where historic properties could be formally
' designated on a local register and thereby eligible for tax benefits and grants.
Ms. Moorehead stated that the first option is to have the City enter into an interlocal agreement
with King County so as to utilize King County's historic preservation services on an as-needed
' basis. She stated that an interlocal agreement requires that the City of Kent adopt King
County's Landmark Ordinance, appoint a City representative to King County's Landmarks
Commission, and provide design review for proposed changes to designated historic buildings.
tMs. Moorehead stated that the interlocal option works well when the City has only a few
properties that may be designated as historic, or when the City does not have the staff time or
1 resources to fund a full time program.
Ms. Moorehead stated that the second option is to develop a historic preservation program for
' the City of Kent by becoming a certified local government. She stated that the certification
process would involve applying to the State Office of Historic Preservation and the National Park
Service, and require that the City of Kent enlist a full time Historic Preservation Commission,
maintain professional staff, have an inventory, and encourage public participation in the local
program.
Ms. Moorehead stated that staff recommends an amendment to Kent City Code to provide for ,
historic preservation via an interlocal agreement with King County, with the option to tailor
Kent's ordinance to provide for owner's consent. She stated that King County is a certified local
government and currently provides historic preservation services to 15 jurisdictions in King '
County through an interlocal agreement.
Ms. Moorehead addressed concerns raised by the Committee with respect to budget issues, ,
King County contractual requisites, ordinance composition, and the nomination initiation
process.
Julie Koler, King County Historic Preservation Program Staff addressed the Committee's '
concerns with respect to interlocal agreements, the nomination process and funding issues.
Linda Van Nest, 6402 Eastside Dr. NE #6, Tacoma, WA stated that she is a member of the Kent
Historical Society and sits on the Historic Preservation Board. Ms. Van Nest submitted a letter
of endorsement on behalf of Kent's Historical Society with a recommendation that Kent enter
into an interlocal agreement with King County. ,
Ms. Van Nest on behalf of the Historical Society explained why it would benefit Kent to enter
into an interlocal agreement, citing Auburn, Des Moines, North Bend and Redmond as having '
benefited from King County's services.
Member Watson Moved and Member Clark Seconded a Motion to accept the letter and
informational page provided by Ms. Van Nest on behalf of the Kent Historical Society Museum
for the record Motion Passed 3-0.
Jack Becvar, 11617 SE 2581h St., Kent, WA stated that it is his desire that historic properties ,
such as the Bereiter House be protected as a historic site and that the Neely-Soames Historic
homestead be nominated as a historic site.
Kay Linn Guynes, 909 E. Smith St., Kent, WA stated that she supports the adoption of an '
interlocal agreement between the City of Kent and King County to protect historic buildings in
Kent as many of these buildings have already been destroyed. Ms. Guynes cited the historic ,
1889 farmhouse located at 21823 84th Street which is facing imminent demolition.
After the Committee deliberated, Member Watson Moved and Member Clark Seconded a Motion '
directing staff to propose in a public hearing before the Planning and Economic Development
Committee, an amendment to the Kent City Code to provide for historic preservation through an
interlocal agreement with King County, similar to that of the City of Black Diamond.
Motion Passed 3-0. '
Adiournment
Chair Harmon adjourned the meeting at 4:45 p.m.
Pamela Mottram, ,
Admin Secretary, Planning Services
5 IPermttiPlanIPlanning cmmtt eei2006IMtnutesl061906PEDOnin dor '
PEDC-Minutes
June 19, 2006
Page 2 of 2
KENT
wa.u.o,ow
CITY OF KENT
1 PUBLIC SAFETY COMMITTEE MEETING MINUTES
June 15,2006
COMMITTEE MEMBERS: Bob O'Brien.Les Thomas,and Ron Hannon,Chair
• The meeting was called to order by Chair Ron Harmon at 5:05 PM.
1. Approval of Minutes
Bob O'Brien moved to approve the minutes of the May 19,2006 meeting.
The motion was seconded by Les Thomas and passed 3-0.
2. Kiing County Office of Emergency Management$3,000 grant—ACCEPT
Eire Chief Jim Schneider acknowledged the outstanding work by Kimberly Behymer on this grant
and the proposed use of the grant funds for a CERT training display was explained.
Les Thomas moved to recommend that Council accept the King County Office of Emergency
Management grant in the amount of$3,000,authorize the Mayor to sign the agreement,and
place this item on the Consent Calendar for the July 5,2006 Council Meeting.
The motion was seconded by Bob O'Brien and passed 3-0.
3. King County Office of Emergency Management—ACCEPT
Jim Schneider acknowledged the outstanding work by Kimberly Behymer on this grant and
explained that the grant funds will be used for retraining CERT participants.Over 700 people in the
City have already been trained and this will offer them an updated refresher course.
Bob O'Brien moved to recommend that Council accept the King County Office of Emergency
Management grant in the amount of$12,000,authorize the Mayor to sign the agreement,and
place this on the Consent Calendar for the July 5,2006 Council Meeting.
' The motion was seconded by Les Thomas and passed 3-0.
4. Presentation of Fire Department 2005 Annual Report—INFO ONLY
Jim Schneider presented the 2005 Annual Report in its new format. He stated the report was mailed
to one half of the zip codes in Kent and Covington and that next year's report will be mailed to the
other half of the Kent and Covington zip codes.
' 5. Wireless Data Network Access in Police Patrol Vehicles-AUTHORIZE
Interim Chief of Police Chuck Miller and Technical Services Manager Paul Dunn explained the
research involved on this project and its various components.The project is budgeted in the
Information Technology budget.
Les Thomas moved to recommend that Council approve the Wireless Data Network Project
for Police Patrol Vehicles and authorize the Information Technology Department to negotiate
' and enter into a contract with Verizon Business Networks for data services, and to employ a
Project Implementation Specialist for a period of 4 months to manage the implementation of
this project,and that expenditures for the completion of this project shall not exceed $55,000.
The motion was seconded by Bob O'Brien and passed 3-0.
The meeting adjourned at 5:25 PM.
' Jo Thompson
Public Safety Committee Secretary
i
PUBLIC WORKS COMMITTEE MINUTES
June 19, 2006
COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron
Harmon and Tim Clark were present. The meeting was called to order at 5:12 p.m.
Approval of Mutes Dated June 5 2006
Committee Member Clark moved to approve the minutes of June 5, 2006. The motion was
seconded by Harmon and passed 3-0.
Information only/Transportation Master Plan (TMPI - Update
Cathy Mooney, Senior Transportation Planner gave a brief history of the (TMP) Transportation
Master Plan. She stated it's a 2.5 year project involving the entire Kent community and covering
most facets of the transportation system. The Task Force met on Wednesday, June 14, 2006. It
was one of their most important meetings in that they had two of the Consultant Teams bring back
their results. The Task Force meets every month on the 2nd Wednesday from 4:00 - 5:00 p.m. The
next meeting is scheduled for July 12, however this may change due to summer vacations.
Mooney said she will be coming back monthly with a status report on the project.
No motion required, information only
Clearwire US Lease Agreement for portion 2f Site 0 23825 9e Ave S
Larry Blanchard, Public Works Director explained that Clearwire US LLC, has negotiated a five to 10
year lease agreement with the Kent Water Division for use of property within the confines of the
T-Mobile space located in the water reservoir facilitiy at 23825 98", Ave. S.
Harmon moved to recommend authorization for the Mayor to sign a five to 10 year lease
agreement with Clearwire US LLC, for use of a portion of the site developed by T-Mobile
1 (Voice Stream). Located at 23825 98t6 Ave. So., Kent Wa. As described in exhibit B of
lease agreement. The motion was seconded by Clark and passed 3-0.
Easement to Puget Sound energy for Kent-Black Diamond Gas Projgct
1 Tim LaPorte, Design Engineering Manger noted that Puget Sound Energy is proposing to construct
additional segments of the Kent-Black Diamond natural gas pipeline, a 16 inch diameter pipe that
will cross through the City of Kent. Laporte noted that It's necessary that the pipeline be located on
City property outside the street right-of-way.
Clark moved to recommend authorization for the Mayor to sign an easement document
granting Puget Sound Energy a 20 foot wide easement to construct and operate a natural
gas pipeline on City property located north of S. 277tl' Street and east of Green River
Road. The motion was seconded by Harmon and passed 3-0.
Information Only/Kent Bicycle Advisory Board IKBABI - Resolution 129$
1 Larry Blanchard, Public Works Director briefly went over Resolution 1298, explaining Section 1., -
intent, Section 2., - Board Formation & Constitution and Section 3., - Duties & Responsibilities of
the Board.
No motion required, information only
Adiourned•
The meeting was adjourned at 5:40 p.m.
Next Meeting Scheduled for:
The next regularly scheduled meeting for Monday, July 3, 2006 has been CANCELLED.
Their will b EC�L Meeting on Monday July 10, at 5:00 p.m.
Sp
Cheryl V4�h, Administrative Assistant III
rvtid�+�adss Page I of I
CONTINUED COMMUNICATIONS
' A.
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1 EXECUTIVE SESSION
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ACTION AFTER EXECUTIVE SESSION
1 VA-C�
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MOTION:
To approve the Purchase and Sale agreement
for the Schmidt Trust property located at 218
Naden Avenue, as part of the Naden St.
Assemblage, to authorize the Mayor to execute
any and all documents necessary to close the
land transaction upon review and approval by
the City Attorney, and to appropriate closing
costs from the Park Land Acquisition account.