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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/16/2007 t 1 AGENDAv : i City of Kent CityCouncil Meeting Agenda 1 1 January 16, 2007 t Mayor Suzette Cooke Deborah Ranniger, Council President 1 Councilmembers 1 Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee 1 Ron Harmon Les Thomas t KENT WASHINGTON City Clerk's Office i KENT CITY COUNCIL AGENDAS January 16, 2007 KEN"( Council Chambers WASHINGTON MAYOR: Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. ' Item Description Speaker Time 1. Kent Event Center Update John Hodgson 20 min 2. Residential Development Standards Fred Satterstrom 40 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. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Employee of the Month D Washington State Public Works Board Award Presentation Fire Department Community Emergency Response Team (CERT) Presentation ' Kent Parks Foundation Donation G Introduction of New Historical Society Director H Economic Development Update 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—None I (Continued) COUNCIL MEETING AGENDA CONTINUED C. Single Family Residential Moratorium—Set Hearing ate D. Dean Street(Knob Hill Addition) Alley Vacation Or lnance—Adopt E. Wagner Architects Agreement for Russell Road Operations Center Renovation— Authorize F. Engineering Economics Inc. Agreement for Service to Replace Underground Fuel Tank— Authorize G. Seattle King County Health Department Local Hazardous Waste Management Program Grant Agreement—Authorize H. Olympic Environmental Resources Contract Agreement—Authorize Kent Kangley Road and Kent 5 Bridge at Rock Creek Project - Final Payment— ' Accept J. 2007 King County Public Entity Services Contract—Authorize K. Kent Senior Center Additions and Upgrades—Accept as Complete Kent Transit Center Improvement/Pioneer Street—Accept as Complete !N. Res luhon Regarding Official Newspaper—Adopt annon & Wilson Inc Contract Agreement—Authorize C7. HER BUSINESS Pro osed Kent Events Center- Design and Development Funding 8. BIDS A. 116th Avenue SE Joint Utility Trench 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. _ ONTINUED COMMUNICATIONS f _ A. Update from Representative Reagan Dunn �!J 1 I. EXECUTIVE SESSION AND AFTER EXECUTIV E SESSION A. Pending Litigation r ' 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page and 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 at1-800-833-6388. ic •3'p owopa 4o acV Nro ,� cn Nc N O '� G O T Q D O O_SQo n p� < C � -o mti � F� ➢o_ c o � ac a °�° � F�n OT q j v ? r5o j m n0 O °: n y O O • C p y N O O Q OC N a < c m � OaCQ �Td �Nc��<, po-- � otm rn o m 3 2 Z • rm < rp y y O Oo G tD O S O r a 0 A� jr N N S � O "O � = m r _ �� N� _fin rD cc r con = rr � ° ^ c � � � ion <oy w� OO S ZcA N O j N In D N C S • CJ c w Z �m r ro c �c c m� Ay 3OOy �000 oast n �oo wo- nfD ^ mcr r@o 3 . 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC IPUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) EMPLOYEE OF THE MONTH D) WASHINGTON STATE PUBLIC BOARD AWARD PRESENTATION ' E) FIRE DEPARTMENT COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PRESENTATION 1 F) KENT PARKS FOUNDATION DONATION G) INTRODUCTION OF NEW HISTORICAL SOCIETY DIRECTOR H) ECONOMIC DEVELOPMENT UPDATE i CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Cal ndar Items A through N Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of December 12, 2006. i 6B Approval of Bills. Numbers were not available for approval. i Council Agenda Item No. 6 A-B ■ • Kent City Council Meeting KE N T December 12, 2006 WASHINGTON The regular meeting of the Kent City Council was called to order at 7 00 p in. by Mayor Cooke. Councilmembers present Clark, Harmon, Ranmger, Raplee, Thomas and Watson. Councilmember O'Brien was excused from the meeting (CFN-198) CHANGES TO AGENDA B From the Public. (CFN-198) Continued Communications Items A and B were added at the request of audience members. Regarding comments from Ted Nixon and Travis Bass regarding the Residential Rezoning Moratorium (Other Business Item F), the City Attorney explained that because it is a quasi-judicial issue, public testimony is not appropriate at this meeting, and noted tthat items already in process are vested. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Public Works Director Blanchard announced that City Engineer Gary Gill has submitted a letter of retirement, and invited the Council to attend a farewell party for him on December 20 Mayor Cooke announced that Brigitte Hoopes of the Finance Department will also retire soon after almost 34 years with the City. Public Works Director Blanchard gave a briefing on a broken water main, the recent snow, and the opening of the 224'h corridor. B. Communitv Events. (CFN-198) Mayor Cooke reported on the Christmas Rush walk/run. C. Introduction of Appointees. (CFN-198) The Mayor introduced her appointees to the Kent Bicycle Advisory Board, the Drinking Driver Task Force, the Land Use and Planning Board, and the Human Services Commission, and gave each one in attendance an opportunity to explain their interest in serving. D. Employees of the Month (November and December). (CFN-147) The Mayor introduced November Employee of the Month Bonnie Kosko of the Kent Court, and December Employee of the Month Chad Bieren of Public Works, and presented each with a plaque. E. Economic Development Report. (CFN-198) Economic Development Director Ben Wolters updated the Council on developments on West Hill at Pacific Highway South and Kent/Des Moines Road, as well as projects in the downtown area. ADDED ITEM F Senator-Elect Kaufman. (CFN-198) Mayor Cooke introduced Senator-Elect Claudia Kaufman, who announced her committee assignments and said she is looking forward to working with the City of Kent on legislative issues. 1 Kent City Council Minutes December 12, 2006 PUBLIC HEARINGS A 138th Avenue S.E. Street Vacation. (CFN-102) Pinnacle at Meridian LLC submitted an application to vacate a stub portion of 1381" Place S E. in conjunction with a short plat application. Development Manager Mike Gillespie explained the project and noted that staff recommends approval with conditions The Mayor opened the public hearing There were no comments from the audience and RAPLEE MOVED to close the public hearing. Clark seconded and the motion tamed. RAPLEE MOVED to approve staff's recommendation of approval with conditions of the petition to vacate a portion of 138`h Place S E. lying northerly of S.E. 252nd Place within the plat of Country Club, as referenced in Resolution No 1736, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. Harmon seconded and the motion carried B. Dean Street Alley Vacation. (CFN-102) Robert Doxsee filed an application to vacate the south 120 feet of the alley in Block 3, Washington Central Improvement Company Knob Hill Addition to Kent. Development Manager Mike Gillespie outlined the project and noted that staff recommends approval with conditions. Mayor Cooke opened the public hearing. There were no comments from the audience and RAPLEE MOVED to close the public hearing Clark seconded and the motion carved RAPLEE MOVED to approve staff's recommendation of approval with conditions of the application to vacate a portion of the alley in Block 3, Washington Central Improvement Company Knob Hill Addition to Kent as referenced in Resolution No 1735, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. Harmon seconded and the motion carried CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through GG. Clark seconded and the motion carried. A. Minutes of Previous Meeting. (CFN-198) The minutes of the regular Council meeting of , November 21, 2006, and a correction to the minutes of October 17, 2006, changing Three Fields Fishing Hole to Three Friends Fishing Hole in the item regarding Make A Difference Day, were approved. B Approval of Bills. (CFN-104) Payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on November 21, 2006 were approved. Approval of checks issued for vouchers: i Date Check Numbers Amount 11/15/06 Wire Transfers 2628-2644 $1,578,007.07 11/15/06 PrePays & Regular 601169-601701 3,797,831.57 Use Tax Payable 1,196 27 $5,377,034.91 2 Kent City Council Minutes December 12, 2006 Approval of checks issued for payroll for November 1 through November 15 and paid on November 20, 2006• Date Check Numbers Amount 11/20/06 Checks 294339-294619 $ 205,900.07 11/20/06 Advices 204827-205518 1,310,713 92 Total Regular Payroll $1,516,613 99 rC. Riverbend Golf Complex Well Pump Repairs Agreement. (CFN-11.8) The Mayor was authorized to sign the agreement with Golf Pumping Services, LLC in the amount of$57,127 to perform emergency repairs to the well pump system at the Riverbend Golf Complex, subject to the final terms and conditions acceptable to the City Attorney. D Kent Pool Funding. (CFN-118) Allocation of an additional$25,000 from the Youth/Teen Fund budget to the Aquatic Management Group for continued operation of the Kent Pool was authorized. E. 2007-2012 Human Services Master Plan. (CFN-118) The Building a Healthy Community, 2007-2012 Human Services Master Plan was approved. F. Art Mural Agreements. (CFN-118) The Mayor was authorized to sign a Lease Agreement with Anderson Associates for the building located at 403 West Meeker, and an Encroachment Agreement with Don Dahlgren for the property located at 416 West Meeker Street for placement of a city-owned art mural, as approved by the City Attorney. G. King County Waterworks Grant for Clark Lake Outlet. (CFN-118) A grant of$21,500 from King County WaterWorks for the Clark Lake Outlet Restoration Project was accepted and the expenditure of funds in the Clark Lake Outlet Restoration budget was approved. H. Soos Creek Water and Sewer Easement at Service Club Ball Fields. (CFN-118) The Mayor was authorized to sign the Agreement for Easement with Soos Creek Water and Sewer District for the sanitary sewer line for Service Club Ballfields Soos Creek Water and Sewer District requires that an easement be granted for the side sewer prior to the connection to the main line, at a cost to the City of$1 00 per year. I. Cordi Propertv Lot Line Adjustment at Service Club Ball Fields. (CFN-118) The Mayor was authonzed to sign the General Release of Claims and Settlement Agreement and Quit Claim Deed with Mr. and Mrs Cordi, owners of property adjacent to Service Club Ballfields J King County Water District 111 Reimbursement Agreement for Service Club Ball Fields. (CFN-118) The Mayor was authorized to sign the Reimbursement Agreement with King County Water District 111 for the water service at Service Club Ballfields. tK. U.S. Fish and Wildlife Service Interagency Agreement Extension. (CFN-1038) The Mayor was authorized to sign the amendment to the Interagency Agreement for the Clark Springs Habitat Conservation Plan with the United States Fish and Wildlife Service. 3 Kent City Council Minutes December 12, 2006 L. Tacoma Second Supply Project Agreement Amendments. (CFN-1065) The Mayor was authorized to sign four amendments to the Tacoma Second Supply Project Partnership Agreement, upon concurrence of the language therein by the City Attorney and Public Works Director M. East Valley Highway Improvements from S. 212th to SR167 Consultant Agreement. (CFN-1038) The Mayor was authorized to sign consultant services agreements for environmental engineering, geotechmcal engineering, real property appraisal, property negotiations, and traffic signal engineering for the East Valley Highway Improvements. N. Commute Trip Reduction Agreement Amendment—Authorize (CFN-171) The Mayor was authorized to sign the Second Amendment to the Commute Trip Reduction Agreement , GCA4573 between the Washington State Department of Transportation and the City of Kent, upon concurrence of the language therein by the City Attorney and Public Works Director The amendment awards $5,975 to the City to offset the additional costs the City will incur in rewriting its CTR plans and programs and meeting the new regulations required by the CTR Efficiency Act (ESSB 6566) passed by the State Legislature on March 9, 2006 O. Transit Service Agreement with King County Metro Transit Amendment. (CFN-171) The Mayor was authorized to sign Amendment No 1 to the Transit Service Agreement with King County Metro Transit This Amendment extends the existing agreement for an additional year (February 9, 2007 through February 8, 2008) and allows limited extension of the operating hours of the shuttle. P. Washington Traffic Safety Commission Drive Hammered Get Nailed Grant. (CFN-122) A grant in the amount of$2,500 to provide supplemental overtime funding for DUI enforcement by the Kent Police Department was accepted Q. Accounts Receivable Write-Offs. (CFN-104) As recommended by the Washington State Auditor's Office, the write-off of uncollectible accounts receivables over one year old was authorized R. Re-appointments to Kent Bicycle AdvisorV Board. (CFN-997) The Mayor's re-appoint- , ments of Mr Bill Miller, Mr Mel Roberts, and Mr Michael Taskey to continue serving as members of the Kent Bicycle Advisory Board were confirmed. Their new appointments will continue through 12/31/2008 S. Appointments to Drinking Driver Task Force. (CFN-122) The Mayor's re-appointments of Kent City Councilmember Ron Harmon, Mr. Mike Buckingham and Mr. Eric Munson to continue serving as members of the Kent Drinking Driver Task Force were confirmed. Their new appointments will continue until 1/1/2010. T. Appointments to Land Use and Planning Board. (CFN-174) The Mayor's re-appoint- ments of Mr Alan Gray and Mr. Jon Johnson to continue serving as members of the Kent Land , Use and Planning Board were confirmed. Their new appointments will continue through 12/31/2009. 4 Kent City Council Minutes December 12, 2006 1 The Mayor's appointment of Ms Aleanna Kondelis, MPA, to serve as a member of the Land Use and Planning Board was confirmed. She will fill a vacancy on the Board and her term will begin on I/1/2007 and will continue through 1213 U2008 U. Appointments to Human Services Commission. (CFN-873) The Mayor's appointment of Ms Tamara Sleeman and Ms Maya Vengadasalam to serve as members of the Kent Human Services Commission was confirmed. Ms. Sleeman will represent the business category and will replace Mr George Adams, whose term expired. Her new term will continue until 1/1/20t0 Ms. Vengadasalam will fill a vacant position on the Commission and will represent the business category. Her new term will become effective 1/l/2007 and will continue until 1/1/2009. V. Millbrook Heights Final Plat. (CFN-1272) The final plat Mylar for Millbrook Heights was approved and the Mayor was authorized to sign the plat Mylar. Norris Homes proposes to sub- divide approximately 3 3 t acres into 16 single-family residential lots The property is located at 26814 120t' Avenue SE. W. Puniab Final Plat. (CFN-1272) The final plat Mylar for Punjab was approved and the Mayor was authorized to sign the plat Mylar Cramer Northwest proposes to subdivide approxi- mately 2.19 acres into 14 single-family residential lots. The property is located at 25722 351h Place S. X. Kam Singh Final Plat. (CFN-1272) The final plat Mylar for Kam Singh was approved and the Mayor was authorized to sign the plat Mylar. Kam Singh proposes to subdivide approximately 4.83 acres into t8 single-family residential lots. The property is located at 22704 100`n Avenue SE. Y General Contractor/Construction Manager Contracting Process—Events Center. (CFN-1305) Resolution No 1743 declaring the Council's final determination to use the general contractor/construction manager(GC/CM) alternative contracting procedure for the City's Events Center project was adopted. On December 4, 2006, the Public Works Committee held a public hearing to solicit comments concerning the City Council's preliminary determination to use the (GC/CM) alternative contracting procedure for the proposed Kent Events Center. The Public Works Committee received no objections to the GC/CM project. Z. Surplus Vehicles. (CFN-136) Staff was authorized to appropriately dispose of the surplus equipment described in the Public Works Director's memo of November 27, 2006. AA Water Treatment Chemical Purchases. (CFN-675) The Mayor was authorized to sign the Univar USA, Inc contract in an amount not to exceed $27,000 for the 2007 Water Treatment Chemical Supply Agreement for Sodium Fluoride. The Mayor was also authorized to sign the JCI Jones Chemical, Inc. contract in an amount not to exceed$8 t,471, for the 2007 Water Treatment Chemical Supply Agreement for 12.5%Sodium Hypochlorite and 25% Sodium Hydrocoxide. 5 Kent City Council Minutes December 12, 2006 BB Fire Department Performance Policies, Standards and Objectives Resolution. (CFN -1 22) Resolution No. 1744 authorizing the City of Kent Fire Chief to adopt and annually review and amend the Performance Polices, Standards and Objectives, as required by RCW35A 92 was adopted Chapter 35A.92 RCW requires all cities to establish a policy which sets standards for addressing the reporting and accountability of local fire departments and to specify performance measures applicable to response time objectives for certain major services These new statutes also required that each local fire department review its performance and evaluate its level of service and deployment delivery and response time objectives on an annual basis. This resolution recognizes and approves the Fire Department's performance policies, standards, and objectives so as to comply with the intent of the new legislation CC. East Valley Highway(84th Avenue South) Fund. (CFN-1038) A Federal grant for the Design Phase of the East Valley Highway Project in the amount of S 130,528 was accepted Staff was authorized to establish a budget for the funds and expend these funds on this road improvement project. The Mayor was authorized to sign all necessary documents. DD. Kiwanis Club of Meridian Donation for Service Club Ball Fields (CFN-118) A $2,911.64 donation from Kiwanis Club of Meridian was accepted and the expenditure of funds in the Service Club Park budget was authorized This is a payment from their original pledge of $35,000 to support the construction of Service Club Park. EE. Kiwanis Club of Kent Donation for Service Club Ball Fields. (CFN-118) A $8,500 donation from Kiwanis Club of Kent was accepted and the expenditure of funds in the Service Club Park budget was authorized. This is a payment from their original pledge of$35,000 to support the construction of Service Club Park. FF. S.E. 256th Rezone Denial Resolution. (CFN-121) Resolution No. 1745 affirming Council's vote taken on November 21, 2006, which denied the rezone application for real property located at 24123 94`"Avenue South in Kent, Washington, seeking a change from the current zoning of Single-Family Residential 4 5 units per acre to Single-Family Residential 6 units per acre was adopted. Councilmember O'Brien had voted against the motion authorizing this resolution, and was excused from this meeting GG. Council Absence. (CFN-198) An excused absence for Councilmember O'Brien was approved, as he is not able to attend tonight's meeting. OTHER BUSINESS A. 2007 Budget Adoption. (CFN-186) Mayor Cooke said the proposed budget emphasizes public safety, responsive customer service, and more cost effective use of taxpayer dollars. She explained the new positions included in the budget and funding for the following projects, $250,000 for LEOFF 1 medical costs, $250,000 for an aquatic center study, $200,000 for one- time human services emergency funding, $100,000 for a public utility study, and$100,000 for annexation studies. She added that the City will end the year with 10% of the operating budget in reserve. 6 Kent City Council Minutes December 12, 2006 Gary Nomensen of Puget Sound Energy Company, 3130 S. 38'h Street, Tacoma, said he believes the expenditure of substantial City resources to explore the acquisition of an electric utility is premature He suggested that City staff work with Puget Sound Energy to look at the economics of municipalization. Sam Pace, 29839 1541h Avenue SE, expressed concern about whether there would be bonding capacity left to do other things, and stated that there are many unanticipated challenges to a municipal utility. CLARK MOVED to adopt Ordinance No. 3822 adopting the 2007 budget as summarized in Exhibit A and including the previously issued Preliminary Budget ' document as amended by Exhibit B Ranniger seconded Council members Clark, Ranniger, Raplee, Thomas and Harmon commented that the budget process this year was a good and open process. Ranniger voiced reluctance about the public utility study The motion then carried. B 2006 Property Tar Levy. (CFN-104) Mayor Cooke noted that the estimated levy is $25,594,031 for the General Fund and $600,000 for the Voted Debt Levy, for an estimated total of$26,194,031 Finance Director Nachlmger gave a brief presentation and noted that there is going to be a reduction in property taxes to residents because of a large reduction in the amount of tax levy for outstanding voted debt CLARK MOVED to adopt Ordinances Nos. 3823 and 3824 authorizing an increase in property tax and levying the property tax levy for collection in 2007. Ranniger seconded Clark stated that the holding at 1% is due to Initiative 747 as passed by the citizens Raplee said the current budget plans can be met without raising property taxes and the rate should be left where it is. Thomas opined that the 1% increase is realistic The motion then carried with Raplee opposed. C. 2007-2012 Capital Improvement Program. (CFN-377,775&961) Nachlinger noted that the six year Capital Improvement Plan, which becomes the Capital Improvement Element of the City's Comprehensive Plan, totals over S211,000,000 in planned projects over that six year period. He explained the projects which are included, and Hodgson clarified that the Kent Event Center is not a part of this capital budget. CLARK MOVED to adopt Ordinance No 3825 relating to CPA- 2006-4 amending the Capital Facilities Element of the Comprehensive Plan to include the Capital Improvement Plan for 2007-2012. Ranniger seconded and the motion earned. D. Auburn, Kent and Federal Way School Districts Capital Facilities Plans. (CFN-775,961&1000) Mayor Cooke noted that the first ordinance would amend the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, and that the second ordinance would amend the school impact fee schedule contained in Kent City Code Section 12 13 160 to reflect changes in the School Districts' Capital Facilities Plans Planning Manager Charlene Anderson explained that this is a tool to accommodate growth in schools CLARK MOVED to adopt Ordinance No 3826 which amends the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, and to adopt Ordinance No 3827 which amends the school impact fee schedule contained in the Kent City Code to reflect changes in these Capital Facilities Plan Raplee seconded and the motion carried. E. 2006 Annual Docket Report. (CFN-961) Mayor Cooke noted that the rules of the City's I Growth Management Act allow citizens to request changes in laws and regulations once a year and without any application fees by a process called"docketing" She added that approval of the 1 7 Kent City Council Minutes December 12, 2006 2006 Annual Docket Report determines the tasks to be added to the Planning Services 2007 Work Program. Doug Grimes said the definition of livestock is flawed since it does not differentiate between a 1000-pound cow and a 4-pound chicken, and asked that the City add a review of the code regarding animals to the docket. Tami Jayne Jackson questioned why Bellevue allows chickens and Kent does not. Don Hagen, SE 320'h, spoke in favor of including a review of animal regulations 12-year-old Titus Knight stated that he raises chickens and that it has taught him responsibility and how to handle money. Hans Friewald also said the regulations should be reviewed HARMON MOVED to approve the Planning & Economic Development Committee's recom- mended 2006 Annual Docket Report which determines the list of proposed items to add to staff s 2007 work program, as amended at the November 20, 2006, committee meeting, and to add Docket Item No. 2006-5 pertaining to review of the Kent City Code sections regarding animals and minimum lot size Ranniger seconded and pointed out that the ordinance was written at a time when Kent was a rural community with small farms, and all livestock was lumped into one category. The motion then carved. F. Moratorium on Residential Rezones. (CFN-121) Mayor Cooke explained that the pro- posed resolution would impose a moratorium on the filing of rezone and other dependent land use applications for real property with single family residential zoning and/or single family residential comprehensive plan map designations that are not of equal density or otherwise do not match. She explained that there are some areas of the city in which the Comprehensive Plan and the zoning map show different levels of density for housing. The City Attorney explained the Comprehensive Plan and the Zoning Code, and said that the main cause of the discrepancies is the ' grandfathering in of existing densities from King County when property was annexed into Kent. He added that every property affected by these inconsistencies will be looked at in 2007 He emphasized that the proposed moratorium is not a building moratorium and that it refers only to up-zoning. He said that complete permit applications for rezones which have already been filed are deemed vested once they are complete Brubaker noted that if the resolution is adopted, a public hearing must be held within 60 days. Upon questions from Council members, Community Development Director Satterstrom explained ' how these discrepancies occurred at the time of the Meridian Annexation, and said that since land is becoming so expensive, people now want more lots, which has resulted in 12 rezone applica- tions this year, as opposed to 4 per year previously. HARMON MOVED to adopt Resolution No. 1746 imposing a moratorium on the filing of rezone and other dependent land use applications for real property with single family residential zoning and/or single family residential comprehensive plan map designations that are not of equal density or otherwise do not match. Watson seconded. Harmon reiterated that this moratorium does not prohibit the development of existing property, but puts a freeze on up-zoning based on the Comp Plan Ranniger said it is important to address these inconsistencies Watson expressed concern about the health of the lake and hope that this moratorium will create a sense of urgency. The motion then carried. 8 Kent City Council Minutes December 12, 2006 CLARK MOVED to make a letter dated December 12, 2006, from Bill Williamson, Williamson Law Office, a part of the record. Ranniger seconded and the motion carried. REPORTS Mayor's Report. (CFN-198) Mayor Cooke noted that this is the only Council meeting which will be held in December, and that there is a question as to whether a meeting will be held on January 2nd aCouncil President. (CFN-198) Ranniger announced that Council member Thomas will chair the Public Safety Committee in January. Operations Committee. (CFN-l98&131) Clark clarified remarks he made at the last Council meeting regarding down-zoning an area near Lake Meridian from 4 5 units per acre to 3 acres, 1 making those units non-conforming, by indicating that if a house burned down, it could be restored to the same fashion that it was in before the fire. Community Development Director Satterstrom then explained the restrictions. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be held on January 18. Planning and Economic Development Committee. (CFN-198) No report was given. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will be held on Tuesday, January 9d' at 5 00 p m. Public Works Committee. (CFN-198) Raplee noted that a grant in the amount of$150,000 to protect and restore salmon habitat in the Riverview Park project has come through. She added that due to the holiday, the committee will meet at 4 00 o'clock on the second and fourth Mondays in January, and that starting in February the meetings will return to the first and third Mondays. Administration. (CFN-198) Hodgson noted that there will be an Executive Session to discuss two items of pending litigation and one labor negotiation item, with action expected during the regular session He predicted that the Executive Session will take approximately 30 minutes. He also pointed out that the Operations Committee and the Council Workshop of January 2nd have been cancelled and that an announcement will be made later as to whether the January 2, 2007, Council meeting will be cancelled. He noted that a Council retreat will be held on January 5`" and 6m City Attorney Brubaker gave an update on the status of the Critical Areas Ordinance and said the City's revised ordinance is in compliance with the order issued by the Central Puget Sound Growth Management Hearings Board He added that the City is still under appeal in front of the Washington State Court of Appeals and that a final decision could be as long as a year away. CONTINUED COMMUNICATIONS A. Stolen Wire. (CFN-122) Hans Friewald, 11824 SE 270th, said he noticed that wire had been stolen, lights were out, and manholes were open this morning in his neighborhood. 9 Kent City Council Minutes December 12, 2006 B. Police Corruption. (CFN-122) Linda McCartor Ammons, 839 Woodland Way, addressed the Council about the widespread corruption of police departments in our country, especially the Kent Police Department. She opined that the Police were out of control when they killed her son for a minor traffic infraction. Ammons volunteered to head a watch dog group to keep the police accountable for everything they do Richard McCarter, 839 Woodland Way, offered to provide a document relating to police cover-ups. EXECUTIVE SESSION The meeting recessed to Executive Session at 9.45 p.m. and reconvened at 10:38 p.m. A. Labor Nc2otiations. (CFN-122) THOMAS MOVED that the Council authorize the Mayor to sign a three-year labor agreement with the Kent Police Officers Association, Captains and Lieutenants Unit, effective January 1, 2006 to December 31, 2008, subject to approval as to form by the City Attorney's Office, and to adjust the budget accordingly. Harmon seconded and the motion carved B. Pending Litigation. (CFN-198&131) CLARK MOVED to authorize the City Attorney to commence all necessary proceedings to appeal the Hearing Examiner's decision in Case No. 306-0006185, involving Signal Electric Company and the City of Kent Harmon seconded. The City Attorney explained that this will allow him to appeal the decision on this code violation action on a wetland issue Clark stated that it is the duty of the City to protect wetlands, and Thomas opined that spending money on litigation will not help in the long run The motion then carried with Thomas opposed. ' ADJOURNMENT Council member Watson announced that she is changing her name to Elizabeth Albertson, as of January 1, 2007. SHE THEN MOVED to adjourn. Thomas seconded, the motion carried, and the meeting adjourned at 10 45 p in (CFN-198) Brenda Jacober, CMC City Clerk 10 Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: SINGLE FAMILY RESIDENTIAL MORATORIUM— SET HEARING DATE 2. SUMMARY STATEMENT: Set February 6, 2007 as the date for a public hearing to consider the moratorium imposed on December 12, 2006, on the filing of rezone and other dependent land use applications for real property with mismatched single family residential zoning and land use designations. The City Council imposed the moratorium via Resolution No. 1746. RCWs 36 70A 390 and 35A.63.220 authorize the City Council to adopt moratoriums provided that a public hearing is held within sixty (60) days The moratorium prevents vesting of applications that under review and analysis in Dkt 2006-4 regarding zoning and/or comprehensive plan map designations that are of unequal density or otherwise do not match. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No ' If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6C Kent City Council Meeting Date Januaryl6, 2007 Category Consent Calendar 1. SUBJECT: DEAN STREET (KNOB HILL ADDITION) ALLEY VACATION ORDINANCE— ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No vacating a portion of Dean Street, in the City of Kent as described in the applicant's petition On November 7, 2006, the City Council adopted Resolution No. 1735 regarding the vacation of a portion of Dean Street setting December 12, 2006, as the public hearing date on the vacation. The public hearing occurred on December 12, 2006, and at the close of the hearing, the Council approved the vacation with the conditions recom- mended by staff Those conditions have since been satisfied and it is therefore appropriate to adopt the ordinance vacating this portion of the street. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: City Council and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 No Revenue? Yes Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund R20036 Amount $3,500.00 ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D i 1 ORDINANCE NO. ' AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the vacation of portion of Dean Street, located in the City of Kent, Washington. RECITALS A. A petition has been filed to vacate a portion of Dean Street, in the City of Kent, as legally described in Exhibit"A"and as shown in Exhibit"B," both of f which are attached and incorporated by this reference. B. The city's Planning Services Office processed this petition and, after consulting with all appropriate city departments, secured technical facts regarding I the proposed vacation. C. The city council fixed a time for a public hearing on the petition and the hearing was held with proper notice on December 12, 2006, in the city council chambers of Kent City Hall. D. The city's Planning Services Office recommended that the city council approve the petition, with conditions. E. After the public hearing on December 12, 2006, the city council I approved the vacation with the conditions recommended by staff. Those conditions have since been satisfied. j F. The city council finds that the portion of the street sought to be ' vacated is: (1) a dedicated alley/street that is presently unused; (2) not abutting on a body of water and, therefore, not suitable for acquisition for port purposes, boat 1 Street Vacation- Dean Street moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use; and (3) a vacation which is in the public Interest. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: I ORDINANCE SECTION 1. - Recitals. The foregoing recitals are incorporated as if fully set , forth herein. SECTION 2. - Vacation. A portion of Dean Street, in the city of Kent, as legally described in Exhibit "A" and as shown in Exhibit "B," both of which are attached and Incorporated, is hereby vacated. SECTION 3. - Vested Right. No vested rights shall be affected by the provisions of this ordinance. I SECTION 4. - Severability. 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 I shall remain in full force and effect. (I SECTION 5. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. I i t l SUZETTE COOKE, MAYOR I , ATTEST: i BRENDA JACOBER, CITY CLERK j I I 2 Street Vacation- Dean Street APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of January, 2007. APPROVED: day of January, 2007. PUBLISHED: day of January, 2007. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) ' BRENDA JACOBER, CITY CLERK j V:\Civil\Ordinance\Vacate-DeanStreet.doc { i i j t 3 i I i i i I 3 Street Vacation- Dean Street t EXHIBIT A LEGAL DESCRIPTION FOR VACATED ALLEYWAY THAT PORTION OF ALLEYWAY IN BLOCK 3 OF WASHINGTON CENTRAL IMPROVEMENT COMPANY KNOB HILL ADD/J10N TO KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF LOT 9, SAID BLOCK 3, THENCE HOO.01.54-E ALONG THE WEST MARGIN OF S410 ALLEYWAY 119.94 FEET TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE N89'57560E 16.00 FEET TO THE EAST MARGIN OF SAID ALLEYWAY AND NORTHWEST CORNER OF SAID LOT 5; THENCE SOO'0154-W ALONG SAID EAST MARGIN 119.95 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8; THENCE N89'5938"W ALONG SAID NORTH MARGIN 16.00 FEET TO THE POINT OF BEGINNING (ALSO KNOWN AS THAT POR7701V OF ALLEYWAY LYING BETWEEN AND ADJACENT TO LOTS 5 THROUGH 8 AND LOTS 9 THROUGH 12 INCLUSIVE. BLOCK 3 OF WASHINGTON CENTRAL IMPROVEMENT COMPANY KNOB HILL ADD177ON TO KENT ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, WASHINGTON.) t i t t t i �_� 2eiien 2d E Meeker SC ;.: v PE�OP.OSED ALL�Y"V�CATION` STfQF: F,'ENSINGT(ON AV DJACENT-TO.•713 E DEAN ST C16t ff E Gove St NORTH s ti��� enOS'a Tacoma St ? Tacoma St a� y i c E Cherry Hill St can bt E Dean S[ °C XG rn rn d 3 ca A E Guberson St i i i Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: WAGNER ARCHITECTS CONTRACT FOR RUSSELL ROAD OPERATIONS CENTER RENOVATION — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with Wagner Architects for preliminary design studies of the Russell Road Maintenance Facility Renovation Project. The original architectural firm hired in 1998 to conduct a space plan and programming for the Russell Road renovation did not complete the project and is no longer in business Staff published a request for proposals (RFP) online in December to hire architects to complete the services. Eight (8) proposals were received. A review committee selected five firms to interview and Wagner Architects was selected to complete the design studies and budget development. 3. EXHIBITS: Wagner Architects agreement 4. RECOMMENDED BY: Public Works Committee and Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone• 253-856-5100 Fax. 253-856-6050 • KENT Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 DATE: January 8, 2007 TO: Kent City Council Public Works Committee: January 8, 2007 FROM: Charlie Lindsey, Superintendent of Facilities THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Agreement with Wagner Architect for Russell Road Operations Center Design Studies - Authorize MOTION: Move to recommend Council authorize the Mayor to enter into an agreement with Wagner Architects for preliminary design studies for the Russell Road Operations Center Project SUMMARY: Eight proposals were received from the city's online request for proposals for the East Hill Operations Center and Russell Road Operations Center project. A review committee selected five firms to interview. Wagner was selected to complete the design work for the East Hill Operations Center and Russell Road Maintenance Facility Project EXHIBITS: Copy of Agreement with Wagner Architects Planners BUDGET IMPACT: No budget impact I t KENT W>SHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Wagner Architects Planners THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wagner Architects Planners organized under the laws of the State of Washington, located and doing business at 1916 Pike Place, Seattle, Wa 98101, Robert Wagner, 206-448-2528 (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- At the property located at 5821 S. 240" St., which is the Russell Road Operations Center Site, proposal for Preliminary Studies for Russel I Road Operations Center , in the City of Kent in accordance with the proposal dated October 9, 2006, which is attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be perforted 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 IAgreement, Consultant shall complete the work described in Section I by April 30, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One hundred forty nine thousand-two hundred forty dollars (S149,240) 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 forni 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 B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement 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 thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consuitant'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. V1. 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 1 Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work,file the attached Compliance Statement VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to f avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 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 C attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT-2 (over$10,000) 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. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this ' Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be ' done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. ' XIII. MISCELLANEOUS PROVISIONS. ' A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever piacticable. 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 t 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 limit the City's right to indemnification under Section VII of this Agreement. D Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such ' other address as may be hereafter specified in writing. ' CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) E. Assignment. Any assignment of this Agreement by either party without the written consent 01 the non-assigning party shall be void. If the non-assigning party gives its consent to any assigrunent, the le of this Agreement shall continue in full force and effect and no further assignment shall be made withoi additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreemej shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with and 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 apart of oralterinI in any manner this Agreement. All of the above documents are hereby made a part of this Agreemen However, should any language in any of the Exhibits to this Agreement conflict wish any ianguagcz-- contained in this Agreement, the terms of this Agreement shall prrvail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal I aws, rules, and regulations that are now effective or in the future become applicable to Consultant's busines equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performanc 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: febtimyrBy: st tare) (stgnatun) Print Name: � Print Name: Suzette Cooke ' Its �I Its Mayor �(,ird�le) (Tale) DATE: Cv 'l o 12a DATE: ' NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Robert Wagner Charlie Lindsey, Superintendent of Facilities ' Wagner Architects Planners City of Kent 1916 Pike Place 220 Fourth Avenue South Seattle, Wa. 98101 Kent, WA 98032 ' 206-448-2528 (telephone) (253) 856-5081 (telephone) 206-441-6184 (facsimile) (253) 856-6080 (facsimile) APPROVED Ac TO Fnun/Z>< 1 ' 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 determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. ' 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer ' 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 2006 1 By. For: ' Title: Date: Ce t tEEO COMPLIANCE DOCUMENTS- i CITY OF KENT ADMINISTRATIVE POLICY i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i i STTrzrECT: 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 i 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 i given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal i opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. i 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 i Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are i 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. i i 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 WAGNER ARCHITECTS • • PLANNERS , 191D PIKE PLACE SEATTLE WA 98101 2 0 6 4 4 8 - 2 5 2 8 ' F A X 4 4 1 6 1 8 4 wagnerarchitects com 9 October, 2006 ' Chades Lindsey Superintendent of Facilities 220 Fourth Avenue South , Kent,WA 98032-5895 Subject: Proposal for Preliminary Studies for Russell Road Maintenance Facility , Dear Mr. Lindsey, In March of 2006 we began our studies of the East Hill Maintenance Facility. In September we ' were asked to prepare an overall budget for development which included both the new East Hill Facility and work at the existing Russell Road facility. This proposal expands our scope of , work to include a more detailed review of the Russell Road facility, with the goal of developing a master plan and cost estimate. This will allow the budget and scope of development at East Hill to be finalized within the context of all expenditures necessary for both sites. We assume that the City would provide the civil engineering and landscape architectural elements of this work. We also assume we would include some Green design elements, but it is unclear how much time we should allow We therefore show a high and low green , allowance. The attached spreadsheet shows our estimates of the fees which could be expended thru the , end of this work. It is difficult to estimate the fees since part of the work is to decide how much work is necessary. The attached spreadsheet therefore shows a maximum amount, and we would only bill for our real time and expenses. ' Our contractual arrangement could be as simple as a letter agreement, accepting this proposal with any conditions such as insurance requirements you might attach. , Yours truly, N'0�' I Robert Wagner ' 9 Oct Scope of Work 9 Oct Fee Schedule , RUSSELL ROAD MAINTENANCE FACILITY PAGE 1 OF 3 ' WAGNER ARCHITECTS 9 OCTOBER,2006 PROPOSAL FOR SERVICES ' A. PROPOSED SCOPE OF WORK: First Draft 1. CONFIRM REGULATORY REQUIREMENTS AND CONSTRAINTS PARTICIPANTS. City permitting agencies Electrical, mechanical, and structural engineers GOAL: To identify all regulatory issues that should be considered To identify all permits that will be required ' To outline all presentations for approval that are necessary To establish time lines for permits and review PROCESS "Informal" Pre-App ">ract;--with City ' Review of codes Phone calls and meetings RESULT/DELIVERABLE Report describing Code reviews from each consultant Summation of relevant codes and their applicability ' Process and timelines for code approval and permits described 2. REVIEW CONDITION OF EXISTING FACILTIES GOAL: To identify problems and existing conditions To verify existing drawings To identify work currently funded PARTICIPANTS: Steering Committee City Operational Crews Architect Maintenance specialist Civil Engineer/Landscape Architect by City Green Design Consultant ' Electrical, mechanical, and structural engineers PROCESS ' This task will include observation and interviews RESULT/DELIVERABLE Report describing: ' A. Review of existing conditions 3. REVIEW AND REVISE FUNCTIONAL DESIGN PROGRAM GOAL To confirm program basis for design PARTICIPANTS: Steering Committee Don Milltett Lon Flemm Architect Maintenance specialist Civil Engineer/Landscape Architect by City Green Design Consultant Electrical, mechanical, and structural engineers ' PROCESS. This task will include observation, interviews RUSSELL ROAD MAINTENANCE FACILITY PAGE 2 OF 3 WAGNER ARCHITECTS 9 OCTOBER,2006 PROPOSAL FOR SERVICES RESULT/DELIVERABLE: ' Report describing: A Revised program ' B. Sketches illustrating potential solutions to space and operations needs C. Statement of design goals D Narrative and graphic summaries of design ideas and suggestions , 4. GREEN DESIGN CHARETTE GOAL To identify Green Design elements for the development AOTIf IOAAITC• Ste mg Committee 111.l Iv !vv v. Architect ' Green Design specialist Maintenance specialist Civil Engineer/Landscape Architect by City Electrical, mechanical, and structural engineers , PROCESS Green Design team could orchestrate a half day charette, or we could do a lesser charette. ' RESULT/DELIVERABLE: A. Green team report B. Review of report ideas C Recommendations for action with budget attached to each 5. REVIEW AND REVISE DESIGN CONCEPTS , GOAL. To recommend a design approach, a schedule, and a budget PARTICIPANTS- Steering Committee , Architect Green Design specialist Maintenance specialist Civil Engineer/Landscape Architect by City Electrical, mechanical, and structural engineers PROCESS' , Wagner will develop concept site solutions for discussion with the Steering Commitee. We would show these alternatives to City permitting staff. ' RESULTIDELIVERABLE: Report describing: A. Alternate design concepts for site and building ' B. Development schedules for each C. Cost estimates for all development for each D. A recommended approach to design, construction, schedule,and budget , 6. FUTURE PHASES OF WORK After a direction is agreed upon,we can begin the normal design process with Schematic Design. This could be deferred until after bids are opened on the East Hill Facility in order to confirm the allowable budget. RUSSELL ROAD MAINTENANCE FACILITY PAGE 3 OF 3 ' WAGNER ARCHITECTS 9 OCTOBER,2006 PROPOSAL FOR SERVICES I II , of � m 1 IffI o 0 0 0 0 V m O O O� Ul � o 0 z w` I o ui ' ea us ui�n ui m p 0 O N E O O o C1 � •- f yiW a Z o o�o off � U ' 0� ur w es Fa O 0 m V C7 O O O - - f N O 0 I d3 M V3 fA O O 0 0 0 O O O N N N V m 'J FR f9 fR N3 Vi m 0 0 0 0 o d O OCi ON N Q mi O O O 1I O O O f M C O N � a W >` =1a U t U � t di vs m c W V K O '0 V' a00 N CO Q 3 I > r c F W } F z J a m V) W U Q Z U w U FZ O w w w p O O a r ! z w W o o z Q O CO O LU W Q Oaf o Q IL W I N W W Z d' W LL o W U W I U` u� cif a NI m v �n EXHIBIT B ' 0 0 0 0 0 P ry o 0 0 01 0 o P 0 0 0 0 0 0 0 . . . . y 0 0 0 y m m N < 10 b m N D R N C O O T O tmV T N pNl e- •!� (p m m N b U g N w w N N N N p N N N N w N N N N q w p p p g w y - ,ti p N p W O m m m @ N N N p N y tD O f 7 N N q q g N q w p p w ylq N w N N w N N N N N q y w y N W w N y N q ,o o 0 0� o 0 0 0 0 0 0 o g P o 0 00 0 3 o o O o oho 0 0 oio o P o 0 0 to 0 0 0 � o 0 0 0 0 0 I N g N q N y N N p g q q N N N q N g N N y N q NIN N y N w y O O O O O O O OHO O O O O OO �OJ_O O O O O O O O O OHO O O O P O O W m m m m N • • m m m m�R O y 10 Z D m ) QU N N N w y q N w N N q N N y N N w g N y N N g A w N N y H O O O O O O ry O O O O O O O O N O O O O O O iJ O O O O J✓ W m m ID m tD N N m N N N r m0 m N ry ^ N e ry N y N N N Cl • m N � � � m 4 N f- N N � J • q , U'Z � �- - 4 N IO .- N � - � V •-IN W ry 0 3 I I w y N w g q w y w w p w N N q w 0 P o 0 0 0 0 0 0 0 0 o a o h o > o o P � 10 W N b (O <O t0 t00 l0 fD m 0 q N N ID N m N �D b b pl w N g w N N N w N N N N N y y N N w y y N N g N N n N » n N n ^ M N N ^ N n M h N N N N •il N M ^ ' r n n n n r n n n r n n N N w p N N w p y y p y N p y N y N p N g N N q t O O p 00 O O O O p O O O O o O O 00 O O � a wNNwq gNNNq Hyw HNN NNNNNwNq , W � � 00000 OOQOO QOO 000 0Q00t) O QjU N w O O O O O O m O O 0 0 O O t0 m m N N N OR Ot O O t> O w ) m LL Q U ¢ LL 3 e N R N 0 N R m N Q a ¢ mt3 __ I 0 0 0 0 om oln o 0 0 0 0 0 0 0 0 0 0 0 � o o c oil o 0 0 I m to m m m tg N oR m p m N i ci µ m o 0 0 • m � OJ aY n N H m m t0 O R r0 N Rl �f N m N N t0 N N > N N y g N p w w M M p N N q y g N N y N N N N g N N N y N q r N q H N W W` Z r as J a U W LL U ' Z 0 x a r a a Z ca w Z LL 0 m U'0 E U � 1 E Q Y E ^ W Z Q o O o Q `ta 0W -� y o Q J -Q m�. Za i r LL, m a i E 0m 0 ac n' 0 v_ EEg "d 0 Q w Q' o o Z e y Y e 0 W o Q c o Z p g t Q u ow f o o c 0 u 2 ¢ > a o � N o, 0 2 T LL m y 0 m` _W o$ a o o J o a o W n V E W M. 0 u ° o a • 9 O Q Z o o f m3m `c Q qa W o00 o0 " a m `e J a Z D o '� m W o a o o Z E o c t e o W o 'o o U �ao� DUI- Ka0 LLU (nLL Uo�� � ooaUottaa W ' c3a r- QmU� NamUow ¢ mU �• ¢ oacoluji x— EXHIBIT C 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 arise from or in connection with the performance 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. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall he written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. i2. 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 1 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: ' 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no ' less than$1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. EXHIBIT C(CONTINUED) ' 3. Professional Liability insurance shall be written with limits no less than$1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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. 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 I Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN IL 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 , commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ' ACQRD CERTIFICATE OF LIABILITY INSURANCE OP14cc w�f.-L.....T. i f1AGNE-1 11 27 06 .roas[a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R0GaA3 r. NORMAN. 1NC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The weatin Building HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2001 sixth Avenue Ste 2111 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 Seattle XA 99121 Phone, n6-143-2600 rax: 206-441-6752 INSURERS AFFORDING COVERAGE NAIC bai•ICD ML9C• ...,.. _ 20508 _ rxX,-[X• Continental Caauaity Co.-' 20443 Magner Architects Planners r•blaac 1916 Pike place, Ste 221 w.,oXa 6eattle WA "101 ewncr[ I COVERAGES Int tOtL400f nOCn+vttln,[b XaLM+.�����ur.41U i.,[wNCe MN[D40,T1W i11r I000T.[Ilq]rd(T[D IgTTfrViNT v ML.1011LiCKaI TW[M[4NpX10X pt M[CgX1b.Cf Y Or.p Dpp..^L wir YYCPt M MNIeLiL1Y flRi KIMR Y}T•C tlYJLOOY •nr.LRL+R lK INMI,M[IC J.pQQb•T 1K KlKYa1t NLM[O,KMx V•bEILCT T4,il Tt Tap\UYLV•S1!MD GO,OII,OM M}Iq 1 tglCtp.N,MN.I if LNIfG NKIW,M•T WVC iCCN Kb1:LC•TfNp0.•IW ^ MFi IKPL ^•LEY w.K.r.- [IIIYAIKM LIIL �n•aD iYKKMIRYCC Y0.4i M1OCe DLl[I 4R 11,10 OC.GMI Ll.e1Lm (ro ny u.•cNCL ♦ 1000000 A E E aXKawLaNCL..urLm 2064400600 06/01/06 06/01/07 ,t.,,q[,,T«rc—n" f leaea0 ar"'"wc1E FX}Dccm i 10000._.,._ E ;n Stop Oap $2m/1 •cuor•LL+wwDa+ L Included =twcw.wccL+c • 2000000 oLXL Y.oa•ro•rtLobtYnit•-LN •"pL<TL caN'Lv"r<c i 2000000 fVLCt TD ILG ^— -N u,Oai Y.wLIiT (A•Kci Ynflt\M' f .M• M s.� Jl 4NVD 4Jfp — NLeT N eaT m,LD.[rLrbrba n,••••pn1 L NR TM DDwLT IiwM.• s.ofLar.rawoc t�,nx-a L oNDo[L,M•m wroa+L� [�,•uelwt [ n+-wte mLe•Tw,X utcc [ -- NMOpILM p) L L}t'NMee1nLLLMYJA f/fA fF.N11RL¢ L nZyN 1 1(f/JIpI NrL;( MLR[O,IL - [ ,Iq.rl•„L L ptitvrlu, • 1 ph- M6baYL O[�KX••lt[tX MO 111t,11Y1A (J M�eIlV�MaIYK Cl 40NwKOKLNi MTOWTIfoIL•MAa[MJI[Ol1tIC � La M.•L-[Xc...K[C y[fyy IpavNlW,ice LL PD(/IL.RKTLMI !_ . B Prof Liability 3FRO04312532 06/01/06 06/01/07 Limit 6110001000 Claus-Nada Fora bad 91,000 e[eG,erTgNw oRMiNM I COCatR a ry[yp{.r[IGLtpN•LLpp nt FOw VR rY[Ti•L rRhN4 The City at Xent is berabr recognised ae Additloaal Insured as respects liebllity arising out of ne9li9enC0 10 •ork performed by the Naswa Insured on their behalf. Insurance ie primary. per Forms 0134844A sad 0116157A attached to policy. CERTIFICATE HOLDER CANCELLATiON CITIXi1f •oa......•.I.w..e.c•[.cw,a(n muc[•ccMmlro•abcT,t rxKlnmX �T�TlwtD•YR`MY�e XMw•X�LWn.--ro-ro {S WT•MLRLX City of teat, Parks, u1L.eLCX•,�oioilc L[rt vn,.nbcta w.o a..0 Aeoreatiou & Coaoanity earva. Acres: Aoaalie Oi wne ul'wt�.'aL.,-[a.o.LwLma,wr...oloalT.c...w[ILnewm•al 230 lourth A�e. South XLtNLetX[nrrna Rent WA 90032-5199 ' f'• ACORD 25(2001100) - ®ACORD CORPORATION 1958 - _ ____- -., .,.. ... � ..,. .,. . . , , nnn� n� I 1 /'Inl\ II LIn UL1 iu�n•,u IMPORTANT ' If the certificate kidder is an ADDITIONAL INSURED,the Wicy(ies)must be endorsed A statement on thin certificate does not confer rights to the carttficate holder In lieu of such endoisement(sJ If SUBROGATION IS WAIVED,sublet[to the terms and conditions of the policy certain policies may require an endorsement A waternent on this csrtrficate does not confer rights to the ceKicede holder in feu of such endorsranent(s) , DISCLAIMER The Certificate dlnwrance on the reverse side of this form does not constitute a contract bolvmn the Issuing tnsurer(s),authonzed mprowtative or producer,and the cedtficate holder,nix does it affirmatively or negatively amend,extend or aver the coverage afforded by the policies listed tharaon ACORD 25(2001106) G-ii8757-A CNA (Ed.01196) tTHIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CEt,REFULLY. ■ ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION iThis endorsement Mies insurance provided under the following: I BUSINESS ACCOUNT PACKAGE POLICY BUSINESS LABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Refer To Additional Insured Schedule (If no entry appears above, information required to complete this endorsement will be shown in ttw Declarations as appiwzble to this endorsement WHO IS AN INSURED(Section C.)is amended to include as an insured the person or organization shown in the Sdtoduie as an Insured but ady with respect to!lability arising out of your operations or premises owned by or rented to you t 1 0 I t 8t 57 A r kOft oovy,tat,rea rnasdd or In w Se r wn onlm.Im.ww,Its poankswn. Page 1 of 1 (Ed. 01196) CopyrWt.Insurance Serviem 06".Ina,1954 1 .. . ..�....n .. .na ir. i , . ..n Jn I , , . nnn7 n7 11 11n 11 ` CNA (Ed. 9199) (Ed.09i99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS ACCOUNT PACKAGE POLICY BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESS ACCOUNT PACKAGE POLICY BUSINESSOWNERS COMMON POLICY CONDITIONS A, WHO IS AN INSURED (Section C. of the (2) This Insurance applies only with respect Ruslnessowners Liability Coverage Form) is to operations performed by you or on your ' amended to include as an insured any person or behalf for which the state or political organization (called additional insured) described in subdivision has issued a permit paragraphs 2.a. through 2.9. below whom you are This insurance does not apply to 'bodily required to add as an additional Insured on this policy injury." "property damage or "personal and under advertising injury' ansing out of opera4ons 1. A written contract or agreement:or performed for the sate or municipality. 2. An oral contract or agreement where a certificate b. Any persons or organizations with a of insurance showing that person or organization controlling Interest in you but only wrath respect as an additional insured has been issued;but to their liability ansing out of. the written or oral cwntract or agreement must be (1) Their financial control of you:or 1. Currently in eflect or becoming effective dunng the (2) Premises they awn, maintain or control term of this poicy,or while you lease or occupy these 2. Executed prior to the "bodily injury,' "property premises. damage' or "personal injury and advertising This insurance does not apply to structural injury,"but alterations, new construction and demolition Only the following persons or organizations are operations performed by or for such additional insured. additional insureds under this endorsement and coverage provided to such additional insureds Is e. A manager or lessor of premises but only with limited as provided herein respect to liability ansing out of the ownership, maintenance or use of that specdlc part of the a. A state or political subdivision subject to the premises leased to you and subject to the following provisions- following additional exclusions (1) This insurance applies only with respect This insurance does not apply to: to the following hazards for which the state or political subdivision has issued a (1) Any"occurrence" which takes place after permit in connection with premises you you cease to be a tenant in that premises; own, rent, or control and to which this or insurance applies (2) Structural alterations, new construction or ' (a) The existence, maintenance, repair, demolition operations performed by or on construction, erection, or removal of behalf of such zddhional insured. advertising signs, awnings, canopies, d. A mortgagee, assignee or receiver but only cellar entrances, coal holes, with respect to their liability as mortgagee, r.. driveways, manholes. marquees, hoistaway openings, sidewalk vaults, assignee, or receiver and ansing out the street banners, or decorations and ownership, maintenance,or use of a premises ises sirfllar exposures;or by you. HIM (b) The construction, erection, or This insurance does not apply to structural removal of elevators;or alterations, new construction or demolition operations performed by or for such additional (c) The ownership, maintenance, or use insured. , of any elevators covered by this e. An owner or other interest from whom land insurance. has been leased by you but only with respect to liability arising out of the ownership, G-134844-A Page t of 2 (Ed 09199) I G-134844-A (Ed 09199) mantenance or use of that specific part of the does not apply to "bodily injury" or "property land leased to you and subject to the foltounng damage" included tenthin the "products-completed additional exclusions' operations hazard" This insurance does not apply to. S. As respects the coverage provided under this (1) Any "occurrence" which takes place after endorsement, Section H. OTHER INSURANCE, of you cease lease that land;or the Busmessowners Common Policy Conditions is deleted and replaced with the following. (2) Structural alterations, new construction or H. ocher Insurance demolition operations performed by or on behalf of such additional insured. 1. If there is other Insurance covering the same loss or damage, we will pay only for the f. A co owner of a promises co owned by you a amount of covered loss or damage in excess and covered under this insurance but only of the amount dine from that other insurance with respect to the co-owners liability as co- owner of such premises (except as indicated in 2. below),whether you can collect on it or not, But we will not pay g. Any person or organization from whom you more than the applicable Limit of Insurance. lease equipment. Such person or organization 2. This insurance is excess over' is insured only with respect to their liability ansing out of the maintenance, operation or Any other valid and collectible insurance use by you of equipment leased to you by available to the additional insured whether such person or organization. A person's or primary, excess, contingent or on any other organization's status as an insured under this basis unless a contract or agreement 1 endorsement ends when their contract or specifically requires that this insurance be agreement with you for such leased either primary or pnmary and noncontributing equipment ends. Where required by contract or agreement, we With respect to the insurance afforded these will consider any other insurance maintained additional insureds, the following additional by the additional insured for injury or damage exclusions apply. covered by this jndorsement to be excess and noncontributing with this insurance This insurance does not apply. 3. When this insurance is excess, we will have (1) To any "occurrence" which takes place no duty under Business Account Package after the equipment lease expires,or Policy Liability Coverage to defend any claim {2) To "bodily injury" or 'property damage' or °surf that any other insurer has a duty to ansing out of the sole negligence of such defend. If no other Insurer defends, we will undertake to do so; but we will be entitled to additional insured, the insured's rights against all those other Any insurance provided to an additional insured insurers. 1 designated under paragraphs a. through 9. above a G-134844-A Page 2 of 2 (Ed.09/99) sun sua CERTIFICATE OF INSURANCE RANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO T CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FR THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED ������rrrrrr ANY POLICY DESCRIBED BELOW. This certifies that ❑ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois , ® STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below. Robert Wagner NAMEDINSURED ADDRESS OF NAMED INSURED' 1916 Pike P1 #221 Seattle Wa 98101-1056 POLICY NUMBER 068 1403-1706-47C EFFECTIVE DATE OF POLICY 06-06-06 1993 Chev S10 Blazer DESCRIPTION OF #lgndt13w9p214713 VEHICLE(Including VIN) 2 LIABILITY COVERAGE ®YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident b. Property Damage Each Accident c.Bodily Injury& Property Damage Single Limit Each Accident $1,000,000 PHYSICAL DAMAGE COVERAGES ®YES ❑ NO ❑YES [] NO ❑YES ❑ NO ❑YES ❑ NO a. Comprehensive $ 250 Deductible $ Deductible $ Deductible $ Deductible ®YES ❑ NO ❑YES ❑ NO ❑ YES ❑ NO ❑YES ❑ NO b. Collision $ 500 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS CAR LIABILITY COVERA NON-OWNGE ® YES ❑ NO ❑ YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO HIRED CAR LIABILITY COVERAGE ElYES ® NO ❑ YES ❑ NO ❑YES ElNO ElYES ❑ NO FLEET-COVERAGE FOR ALL MOTOR OwNEDHIicCLLES D M ❑YES ® NO ❑ YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO ct ?� ► � h �1� i,� t Agent 47-2344 11-07-2006 Signature of Authorized Representative Title Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent City of Kent Rosalie Givens srwrE rwRa EZRA M TESHOME Parks,Recreation & Co¢+munity Services AGENT 220 4t" Ave S 16D7 13th Avenue Kent Wa 98032-5895 Seattle WA96122 Off (206j 322-3910 INTERNAL STATE FARM USE ONLY. 0 Request permanent Certificate of Insurance for liability coverage I I STAIN FARM AOL coo IN SUAAMCE NOVEMBER 07, 2006 AUTO POLICY STATUS B PHONE: (206) 448-2528 WAGNER, ROBERT FIRE 068 1403-FO6-47C-001 IRG: 14 1916 PIKE PL # 221 TERR: 00 SEATTLE WA 98101-1056 93 CHEVROLET S10 BLAZER CLASS: 6HOH31130, SPORT WG ACC FREE: NOT ELIG VIN: IGNDT13W9P2147132 BIRTH: JAN-01-4 STATUS:RENBL DUE DATE:DEC-06-06 TERM DATE: TOT PREM: 1073.1 AMT DUE: 1073. 15 OXD:DEC-06-04 COV DATE:MAR-28-06 PREV PREM: 1160. 6 A /1MM / 611.36 R1 80% /1000 13.80 P6 179. 47 UUl 100 /300 /1MM 78. 68 D250 45. 12 G500 139. 92 H 4. 80 AMT PAID: 1160. 60 DATE PAID: MAY-18-06 CRI 1514, REPLACED CRI 1488, AGE 59, 3*-12/06/05 521.80, PRF(1.00) , APP DATE 01-15-07, IODM 135000 12-04, PR DAMAGE-B09BO3. NAME: WAGNER,ROBERT B PHONE: (206) 448-2528 REPLACED POLICY: 0681403-47B 001 POLICY FORM: 99477 EXCEP. & END: FINANCED - CITY OF RENTON ATTENTION: RISK MANAGEMENT 1055 S GRADY WAY RENTON WA 98055, *ADD`L INSURED - CITY OF KENT ROSALIE GIVENS, PARKS RECREATION & COMMUNITY SERVICE220 4TH AVE S KENT WA 98032 , UNINSURED MOTOR VEHICLE COVERAGE-BODILY INJURY/PROPERTY DAMAGE LIMITS OF LIABILITY-UU1, EACH PERSON $1, 000, 000, EACH ACCIDENT $1, 000, 000. DRIVER NAME DRL ACC/CONV DATE INFORMATION JUDITH 1 SEE FI REC CHG: COV. S NAMES _ S ANT S!A!F FA[M EZRA M TESH0ME AGENT 160713?h�((Avenue INSU[ANCF Seole,WA 98122 Off:(M)322-3910 t ' Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: ENGINEERING ECONOMICS INC. AGREEMENT FOR SERVICE TO REPLACE UNDERGROUND FUEL TANK—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with Engineering Economics, Inc. for design services to replace underground vehicle fuel tanks at the Public Works Operations Facility, subject to approval of final terms and conditions by the City Attorney. In 1988, the City installed new underground fuel tanks at Russell Road Maintenance Facility By law, the tanks can only remain in the ground for 20 years. Engineering Economics, Inc (EEI) was selected from the City's list of Engineers to complete design work. 3. EXHIBITS: Engineering Economics, Inc. agreement 4. RECOMMENDED BY: Public Works Committee and Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A 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 i DISCUSSION: ACTION: Council Agenda Item No 6F 1 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ' Phone. 253-856-5100 Fax- 253-856-6050 • KENT Address: 220 Fourth Avenue S. WASHING-D N Kent, WA 98032-5895 DATE: January 8, 2007 TO: Kent City Council Public Works Committee: January S. 2007 FROM: Charlie Lindsey, Superintendent of Facilities THROUGH: Larry Blanchard, Director of Public Works SUBJECT: Design Services Agreement to Replace Underground Vehicle Fuel Tank - Authorize MOTION: Move to recommend Council authorize the Mayor to enter into an agreement with Engineering Economics, Inc. for design services to replace the underground vehicle fuel tank at Public Works Operations. SUMMARY: Engineering Economics, Inc (EEI) was selected from the City's list for Engineers to do the design work to replace the underground Vehicle Fuel Tank at Public Works Operations Facility. ' EXHIBITS: Copy of Agreement with EEI, Inc. j BUDGET IMPACT: No budget impact KENT WASNINQTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Engineering Economics Inc THIS AGREENIENT is made between the City of Kent, a Washington municipal corporation i (hereinafter the "City"), and Engineering Economics Inc. organized under the laws of the State of Washington, located and doing business at Jeff Nichols, PE, 1201 Western Ave. Suite 325, Seattle, Wa. 98101, (206)622- 1001 (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: Design Services Proposal to replace the Vehicle Fuel Tanks at the City of Kent Public Works Maintenance Operations facility located at 5821 S. 240`h, Kent,Wa., in accordance with the Vendor's proposal dated November 13, 2006, attached and incorporated as Exhibit A. 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 within 180 days III. COMPENSATION. ' A. The City shall pay the Consultant, based on time and materials,an amount not to exceed Twenty- nine thousand three hundred thirty dollars ($29,330) 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 B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide CONSULTANT SERVICES AGREEMENT- 1 (Over S 10,000) payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay th portion of the invoice not in dispute. In that event, the parties will immediately make ever 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 thi� Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upot providing the other party thirty (30) days written notice at its address set forth on the signature block of thin 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 o Consultant's records or data is not related to this project, it shall be without liability or legal exposure to th 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 oa behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24 115, then, in the event of liability for damages arising out of bodily iniury 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 amomlts described in Exhibit C attached and incorporated by this reference. CONSULTANT SERVICES AGREEMT NT-2 , (Over SI D,ODD) 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. Even though Consultant is an independent contractor with the authority to control and direct the perforniance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or be]d 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 consultwits 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 limit the City's right to indemnification under Section VII of this Agreement. 1 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. Assi,, nent. 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 t of this Agreement shall continue in full force and effect and no further assignment shall be made with additional written consent F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreemeal shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with anf Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of th City, and such statements shall not be effective or be construed as entering into or forming a part of or alterin 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 i� this Agreement,the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: 1 CITY OF KENT: $ f'"� By: _ y. + (signature) (signature) Print Name: J_ET'F_ i kc_(-n L-s Print Name: Suzette Cooke Its VgA$i l-- �'^Ct_�_ Its Mayor (True) (rifle) DATE: 2' DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jeff Nichols Mike Hattrup, Project Coordinator ` EEI City of Kent 1201 Western Ave Suite 3 25 220 Fourth Avenue South Seattle, Washington 98101 Kent, WA 98032 (206)622-1001 (telephone) (253) 856-5082 (telephone) (206)622-5747 (facsimile) (253) 856-6080(facsimile) APPROVED AS TO FORM: t aw D partment CONSULTANT SERVICES AGREEMENT-4 (Over S10,000) [In this field,you may enter the electromcfilepath where the contract has been saved] r CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLARATION t 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 affinnative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin,age, or the presence of all sensory,mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200_. By. For: ___ Title Date: r EEO COMPLIANCE DOCUMENTS- I r CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, t996 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 witli 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 l 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: i EEO COMPLIANCE DOCUMENTS-3 ' Engineering Economies Inc Northwest 1201 Western Avenue,Suite 325 Seattle,Washington 98101 (206)622-1001 November 13,2006 Charlie Lindsey City of Kent Parks,Recreation&Community Services 220 Fourth Avenue S. Kent, WA 98032-5895 Re: City of Kent Maintenance Operations and Vehicle Fuel Tank Replacement Design Services Proposal 1 EEI Project No.03-06309 Dear Charlie: EEI is pleased to submit this proposal for engineering services for the above-referenced In olecl which involves the removal and i eplacement of three underground storage tanks(UST)with above ground tanks (AGT): S1. ASSUMPTIONS AND BASIS OF DESIGN a. The scope of work includes replacement of two underground storage gasoline tanks(10,000 gallons each)and one underground(5,000 gallon)diesel tank with an AGT of equivalent capacity The new AGTs will be specified as factory complete integrated packaged fuel delivery systems with fuel pump dispensing,bulk fill and tank monitoring,and tank level alarm system. b. The work will be designed and bid during 2007. The installation must be complete before the end of 2008.The assumption is that the new tanks will be in a new site location such that the closure of existing tanks can be completed with out disruption of fuel service at this site C. The existing tanks must have a Phase 11 Environmental Site Assessment to determine if removal or closure-m-place can be done.The attached proposal and scope of work is included with Associated Earth Sciences'proposal as part of our proposal. d. The City wants to integrate a fuel management accounting and inventory control system into the project We will coordinate that the new tanks can interface with fuel management hardware and software needs,but this system will be provided by others under separate contract. G\2006 Poopm.M106)09-Kav hhw 57wpnUlT RtglamacMC4ACSfAcp 11-13.2006 doc Engineering Economics Inc I Charlie Lindsey City of Kent Maintenance Operations and Vehicle Fuel Tank Replacement November 13,2006 Page 2 2. SCOPE OF WORK a. Provide an Environmental Site Assessment in accordance with attached proposal from , Associated Earth Sciences,Inc. (AESI),to determine removal or closure-in-place options for existing tanks b. Provide plans and specifications for removal or closure-in-place of existing tank installation. C. Coordinate with A/E for direction and location of new tanks on-site in coordination with the site master plan A/E will provide a site plan and location of existing utilities,so that tanks may be located.Coordinate with AJE civil engineer for site improvements,if needed that are fisted below in Part 6. 3. SUBMITTALS Our proposal is based on the following submittals to the architect during the design process. a. One 501/6 and 901/o coordination submittals,including plans and specifications. b. One 100°o submittal to City for permit. t 4. MEETINGS ' Thts proposal anticipates at least three design team meeting(s)during the construction document phase at hic k-off, 50%and 90%progress reviews 5. CONSTRUCTION PHASE SERVICES t a. Coordinate the permmt submittal and review process with authorities having junsdiction. , b. Answer contractor questions(RFIs)and prepare addenda as appropriate. C. Attend up to two site visits during construction. d. Review contractor submittals and shop drawings. e. Answer contractor requests for information and clarifications. f. Prepare one final punch list site visit report included above. 6. EXCLUSIONS a. Siteremediation services if soil is found to be contaminated. b. Post-UST removal of soil and water testing services. G%2006Pmpo bU06309-Rmi!4ain[ShapeUSTR,PbM" 'CLAGS,TPmpn-M2006ace Engineering Economics fne Charlie Lindsey City of Kent Maintenance Operations and vehicle Fuel Tank Replacement November 13,2006 Page 3 C. Site utility design improvements other than coordination with A/E for new tank placements on existing site. Specific site surface improvements, which may include some of these elements that are not included in our scope of work as the scope of work is unknown• 1) Paved or gravel base surface preparation or concrete pad service areas around and below new tanks, including restripmg and repair to existing concrete and pared areas. 2) Security elements,such as pipe bollards,fencing,and Iighting,if required. -3) Storm drainage modifications for surface water, including catch basins and oil/water separators. 4) Relocation and demolition of other existing site utilities to accommodate new tanks, including electrical and data communications. ' 5) Canopies,fire extinguishers or other structural elements such as stairs or walk ways that are not part of the factory AGT. d. Provide detailed cost estimating services. ' e. Provide design services for modifications or improvements of mechanical/electrical systems outside the above scope of work. f. Provide modifications or changes during the construction document phase,which are inconsistent with approvals or instruction originally given. g. Site soil geoteclmical reports h. Other hazaidous waste survey and assessments i. Other reviewing agency permits and fees. j. Site survey and existing utility locating. 7. FEE PROPOSAL a. Basic Services- Our fee proposal for the design,produce drawings and limited construction review services shall be either stipulated sum or time-and-expense as follows: ' Environmental Site Assessment(AESI) $6,665 x 1.10 markup= $ 7,330 Design Phase 18,500 Construction Phase 3.500 Total $VILIQ b. Reimbursable expenses for actual expenses incurred shall be billed in addition to the basic 1 fee at cost,plus 10%. LCiVMFpo=lVOb-V9-wwwissm VSTRggwmraict-Asir" ii-13-MKAM Engineering Economies Inc ' i Charlie Lindsey City of Kent Maintenance Operations and Vehicle Fuel Tank Replacement November 13,2006 Page 4 8. TERMS AND CONDITIONS We will execute a mutually agreeable contract with standard terms and conditions,as attached Thank you for giving us this opportunity to provide our services Sincerely, ENGINEERING ECONOMICS, INC. I Jeffrey D Nichols,PE JDN/cjs Attachments: Terms and Conditions ' C12006 propmb9O6M9-Kem Mmnt S"UST Rep1wem AlCL-ACSf PW 11-112006 dot Engineering Economies Ine t 1 Engineering Economics Inc Engineer's General Terms and Conditions 1. Representatives and Notices A Engineer shall designate a Project Manager who will be responsible to manage and direct E_ngineee performance of Services All instructions, requests for changes, and formal notices from Client to Engineer shall be directed by Client's Representative, in writing,to the Project Manager. Engineer's Project Manager shall have authority to act ' for Engineer in all matters concerning the Project. B. Client shall designate a Representative to whom all of Engineer's requests for mstruetions, changes, and formal notices will be directed Client's Representative shall have authority to act for Client in all matters concerning the Project C. All notices, instructions, change orders, and other formal communications shall be made in writing and shall he deemed effective as of the date and time of receipt D. The provisions of this general paragraph do not preclude the transmission of routine correspondence, drawings, messages,and information pursuant to the Project. 2. Client-Furnished Data Client shall provide at no cost to Engineer, necessary drawings,surveys,physical site data, and other pertinent information required for the performance of Services,and Engineer shall be entitled to rely on same. 3. Existing Conditions A. Engineer shall have no responsibility or liability for the identification,removal,or disposal of any toxic substances Client will defend, indemnify,and hold harmless Engineer from any claim, suit or liability whatsoever, including but not limited to all payments,expenses,or costs involved, arising from or alleged to have arisen out of or related to the presence of toxic substances or alleged toxic substances on the Project. B. The parties acknowledge that, in order to perform the Services, Engineer may be required to make certain assumptions relating to the operation of existing budding systems Unless expressly included in the Engineer's Scope of Service, Engineer shall have no responsibility or liability for the correct operation of existing building systems,such as, but not limited to, main air distribution systems,plumbing systems, fire pumps and fire sprinkler distribution systems, electrical service equipment and risers, lighting, fire alarm systems, and any other existing equipment systems 4. Preparation and Delivery of CAD Documents A. Unless otherwise negotiated in writing, Client shall provide all title blocks, floor plans, site plans, sections and elevations,required for the preparation of constriction documents in an ACAD(ACAD DWG)format B. Client shall update floor plans,site plans,sections and elevations,as the project progress,and in accordance with a mutually agreed upon schedule for these updates In no event will any updates to the aforementioned documents be accepted any later than three days prior to the final deadline Updates shall be in an electronic formal and shall be accompanied by a scaled hard copy(blueprint)with any revised areas clearly identified. C. If included in the project scope, Engineer will update drawings to reflect Contrac-or mark-ups of the As-Built conditions Engineer is not responsible for verifying the accuracy of the As-Built documents, 5. Plans,Specifications,and Drawings A. Engineer shall submit plans,specifications,and drawings to Client for approval. Chetifs approval shall be indicated by a signature of Client's Representative following the word "approved" and the date of the approval,all of which shall be conspicuously displayed on each plan,specification,or drawing approved If not approved,client shall note any comments,changes or special requirements in writing and submit to Engineer. Client shall review and approve all plans,specifications, or drawings within thirty(30)days after receipt of same, unless otherwise agreed upon in writing_ In the event written approval or other appropriate response is not received within thirty days,the plans, Page 1 of 4 Engineering Economies Inc. Terns and Conditions—Long Form Engineering Economics Inc , Engineer's General Terms and Conditions specifications or drawings shall be deemed approved. The Services shall subsequently be performed in conformance with the plans,specifications,and drawings as approved B. Engineer shall furnish to Client no later than thirty (30) days after Engmeer's receipt of final payment, or upon termination of this Agreement,the original plans,specifications,and drawings,except one record copy of each to be retained by Engineer The plans,specifications,and drawings are neither intended nor represented to be suitable for reuse by Client,or others,on extensions of the Projector on any other project Any reuse without specific mitten approval and adaptation by Engineer shall be at Client's sole risk, without liability to Engineer, and Client shall indemnify and hold Engineer harmless from all loss,cost,damage,and expense including attomey's fees C. Unless otherwise negotiated, all electronic CAD files sent between Client and ]Engineer shall be in an ACAD (ACADDWG) format. Upon completion of the project a set of electronic files and one hard copy of the final packages shall be delivered to Client Upon Client's receipt of this final package, Engineer shall have no further responsibility for these documents, 6. Changes Client may, from time to time, change or modify the Scope of Services by instructing Engineer to perform Additional Services or may direct the omission of Services previously ordered Engineer may perform such changes,and Engineer's compensation and schedule for performance shall be equitably adjusted. Compensation for such changes shall be on an hourly basis in accordance with Engineer's Standard Hourly Rate Schedule or other method as agreed upon at the time the change is requested. 7. Scheduling and Progress Reports A. Engineer shall,if requested by Client,prepare and submit to Client an estimated schedule for the performance of the Services B On or before the fifth(5th)day of each calendar month while performing the Services, Engineer shall, if requested by Client, prepare and submit to Client a progress report indicating any approved changes made during the precedim month and estimating the total charges to complete the Services B. Responsibility A. The Engineer will perform all Services in accordance with the standard of care, skill, and diligence normally , provided by a professional engineer in the performance of the same or similar services In the event the Engineer fads to provide such standards of care, skill, and diligence, Engineer shall, at its own cost, correct Engineer's defective plans,specifications or other Services B. Since the Engineer has no control over the cost of labor,materials,or equipment,or over a contractor's method of determining prices,or over competitive bidding or market conditions,Engineer's opinions of probable construction cost, if any, are to be made on the basis of Engineer's experience and qualifications Such opinions represent Engineer's best judgment as an Engineer familiar with the construction mdustry Engineer does not guarantee that proposals, bids, or final construction costs will not vary from opinions of probable cost prepared by Engineer. if Client wishes greater assurance as to the construction cost,Client shall employ an independent cost estimator 9. Services During Construction , Engineer shall not be responsible for the construction means, method, techniques, sequences, or procedures, or safety precautions (including, without limitation, OSHA compliance), or related programs, nor for the acts or omissions of any constructor of the Project or any of the constructor's agents, employees or subcontractors, nor for the acts or omissions of material or equipment manufacturers or suppliers,nor for the acts or omissions of any other engineer on the Protect 10. Billing and Invoicing , A. Progress billings shall be rendered monthly to the Client and shall be due and payable not more than thirty(30)days after receipt by Client Past due amounts shall accrue interest at the rate of one and one-half percent(1-112%)per Page 2 of 4 Engincerring Eeonomics Inc. Terms and Conditions—Long Fort 1 Engineering Economics Inc Engineer's General Terms and Conditions month. invoices shall be accompanied by such data as may be required to support the invoices,when requested by the Client B. Client's payment of Engineers final invoice shall constitute a release of all claims by Client against Engineer except for any daim specifically reserved by Client in writing at the time of final payment. C Engineer shall be entitled to suspend performance of Services if invoices are unpaid for 60 days or longer. 11. Sales and Similar Taxes Engineers compensation does not include sales,use,excise or similar taxes Consequently, in addition to the compensation set forth, the amount of any present or future sales, use, excise or other similar tax applicable to Services shall be paid by Client,or in hen thereof Client shall provide Engineer with tax-exemption evidence acceptable to the ta-,ng authorities 12. Suspension and Termination A. Client shall have the right to suspend or terminate all or a portion of the Services at any time upon prior written notice to Engineer. In the event of termination. Engineer shall be paid Engmeces compensation for all Services performed up to the termination date,plus reasonable termination expenses,if any B_ This Agreement may be terminated by either party upon seven (7)days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination C. In the event Client shall delay or suspend the work without termination, Engineer shall be entitled io terminate its performance of the Services upon the expiration of six(6)months following the date of such delay orsuspension D. In the event performance of the Services is suspended, Engineer's compensation shall be equitably adjusted to ' reflect such suspension Engineer shall advise Client of the compensation adjustment resulting from the suspension of Senices The compensation adjustment will be based on Engineer's ability to reasonably relocate personnel,and any materials or equipment during the suspension period E. if the financial condition of Client at any hme does not,in the judgment of Engineer,justify continuance of Services on the terms of payment agreed upon, Engineer may require adequate assurance of Client's ability to pay for Services performed In the event such reasonable assurance is not timely received b} Engineer,it shall be entitled to cease further performance of this Agreement and shall receive reimbursement for its reasonable and proper cancellation charges In the event of bankruptcy or insolvency of Client or in the event any proceeding is brought against Client, voluntarily or involuntarily, under the bankruptcy or insolvency laws, Engineer shall be entitled to cease further performance of this Agreement at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its reasonable and proper cancellation charges 13. Indemnification arid insurance A. Engineer agrees to indemnify Client from and against all damage,loss,claim,or injury(including death)to persons and to property caused by Engineer's negligent acts,errors,or omissions in connection with the work B. Engineer shall procure and maintain Worker's Compensation, Employers' Liability, and Comprehensive General Liability insurance as required by law, C. Copies of the Engineer's insurance certificates will be furnished to the Client upon written request. D. Cost of all other insurance required by the Client in the performance of Services will be charged to Client's account. 14. Limitations of Liability A. Engineer's Lability on property damage claims of any kind, whether based on contract, warranty, tort, including negligence or otherwise,for any loss or damage ansing out of,connected with,or resulting from this Agreement,or from the performance or breach thereof,or from all services covered by or furnished under this Agreement,shall in no case, exceed the cost of reperfonning the Service to the same extent as the original, or the sum of$50,000 or Page 3 of Engineering Economics Ina Terms and Conditions—Long Fam Engineering Economics Inc ' Engineer's General Terms and Conditions Engineer's Compensation paid pursuant to this Agreement, whichever is greater, and shall terminate one year after completion of Services required under this Agreement B. In no event, whether on contract, warranty, or tort, including negligence or otherwise, shall Engineer be liable for special,incidental,exemplary or consequential damages including,but not limited to,loss of profits or revenue, loss of use o f any equipment,cost of capital,cost of purchased power,cost of substitute equipment,facilities or services, downtime costs, or claims of customers of Client for such damages. If Client is furnishing Engineer's services or materials to a third parry by contract,Client shall obtain from such third party a provision affording Engineer and its suppliers the protection of the preceding sentence. C. In no event shall Engineer be liable for any loss or damage whatsoever ansing from its failure to discover or repair latent defects,or defects inherent in the design of the building or equipment D Engineer's liability for any loss or damage shall not include loss or damage caused by defects not observable by Engineer,or units or parts returned to use against the advice of Engineer. E. The invalidity,in whole or part,of any of the foregoing paragraphs will not affect the remainder of such paragraph or any other paragraph of this article 15. Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the respective successors, executors, admrmstrators, and assigns of Engineer and Client 16. Non-Waiver The failure by either party, at any time,to enforce or to require strict compliance or performance of any of the provisions of this Agreement shall not constitute a future waiver of such provisions and shall not affect or impair in any way its rights at , any time to enforce said provisions or to avail itself of such remedies as it may have for any breach of such provision 17. Governing Law The terms of this Agreement shall be construed and interpreted under,and all respective nghts and duties of he parties shall be governed by,the laws of the State of Washington 18. No Other Agreements;No Third Party Beneficiaries All negotiations, proposals, and agreements prior to the date of this Agreement are merged and superseded by this Agreement. This Agreement constitutes the entire Agreement between the parties and no changes. modifications or amendments to this Agreement shall be valid unless agreed to by the parties in writing and signed by their authorized officers This Agreement shall not be construed as granting any rights to any third party based on the theory of third party beneficiary or otherwise. 19. Binding Arbitration In the event conflicts arise under this Agreement between EEI and Client,both parties agree that all disputes ansing out of,or relating to, this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise In the event that non-binding mediation is unable to resolve these conflicts, both parties further agree to resolve their disputes through binding arbitration, as allowed by the laws governing the State of Washington, and pursuant to the Construction Industry Arbitration Rules of the American Arbitration Association,such arbitration proceedings to be conducted in Seattle, Washington. END OF DOCUMENT Page 4 of Engineering Economics Inc Terms and Conditions-Long Vona Associated Earth Sciences, Inc. ' Y eweLm6n rx November 9, 2006 Project No. KVX.060776P CONTRACT AGREEMENT TO ENGAGE THE SERVICES OF ASSOCIATED EARTH SCIENCES, INC. AS A CONSULTANT AND ADVISOR This agreement has been entered into at Associated Earth Sciences, Inc. 911 5"' Avenue, Suite 100 Kirkland, Washington 98033 on this 9" day of November 2006 between Client: Engmeerrng Economics, Inc. 1201 Western Avenue, Suite 325 Seattle, Washington 98101 ' Attention: Mr. Jeff Nichols Subject: Proposal for Phase 11 Environmental Site Assessment Kent Maintenance Facility 15821 South 240`' Street Kent, Washington hereinafter referred to as "Client", and Associated Earth Sciences, Inc. (AESI), hereinafter referred to as "Environmental Consultant", for mutual consideration as hereinafter set forth: 1.0 The description and location of the project on which the Client contracts the Environmental Consultant's services are: The project consists of performing a Phase If Environmental Site Assessment (ESA) on the subject property in the area of the existing underground storage tanks (USTs). The tanks are located adjacent to two separate pump islands; one that dispenses diesel fuel and one that dispenses gasoline. There are reportedly two, 10,000-gallon gasoline tanks and one 5,000-gallon diesel tank. Mrldand Olfiice•911 Fifth Avenue,Suite 100•Kirkland,WA 98033•P (425)827-7701•F 1(425)827-5424 Everett Office•2911 112 Hewitt Avenue,Suite 2•Everett,WA 98201•P (425)259-0522•F 1(425)252-3408 wwwaesgeo com 2.0 Environmental Consultant agrees to provide the following services: The purpose of our work will be to perform a subsurface exploration to evaluate subsurface soil and shallow ground water conditions for the presence of potential environmental contaminants. Our proposed scope of work consists of the following: 1. Complete a total of eight to ten subsurface explorations at the site to anticipated depths of about 10 to 15 feet each using a hydraulic probe rig subcontracted to our firm. Approximately four to six probes would be located around the gasoline tanks and four , probes around the diesel tank At least two probes (one at each pump island) would be completed to ground water, which is anticipated to occur at a depth of about 15 feet below ground surface. 2. Submit two soil samples and one water sample collected from each probe to a subcontracted analytical laboratory for analysis of BTEX, MTBE, gasoline, and diesel using NWTPH analytical methods. 3 Based on our findings, we will complete a report that describes and presents the following: A.) Project and site description, including a site plan showing the approximate ' exploration locations. B) Subsurface soil and shallow ground water conditions, including interpretive Jogs of our explorations with depths to shallow ground water, if encountered. C) A suminary of the analytical test results and copies of the laboratory test certificates. D) Comparison of the analytical results for soil and water to the Model Toxics Control Act (MTCA) cleanup criteria. E) Our conclusions and recommendations regarding the potential for contaminants in the subsurface, regulatory requirements, and potential impacts to development. 3.0 Client confirms that the Environmental Consultant has explained the full range of services it offers and the manner in which they could be applied to this project. Client also confirms that he has understood the value and benefit of these services and has of his own accord deeded upon those identified in paragraph 2.0 above. Client agrees to hold the Environmental Consultant harmless for claims of any kind that may arise from any source due to the Environmental Consultant's failure to provide services that Client has ' specifically not included in the list of services identified in paragraph 2.0 above. Client further agrees to indemnify the Environmental Consultant for the cost of defending any such claims and any awards or settlements resulting therefrom. 2 4.0 The Client accepts that all services are provided in accordance with the attached Schedule of Charges and General Conditions "A", which are made a part of this contract by reference. Client further agrees to compensate the Environmental Consultant for their L services, and to reimburse the Environmental Consultant for expenses incurred on Client's behalf as follows: Subcontracted Probe Rig (I day) $2,200 AESI Field Documentation $1,100 LLaboratory Analyses $1,565 Soil Samples 12 samples for Gasoline/BTEX 8 samples for Diesel and Heavy Oil Water Samples (if necessary) 3 for Gasoline/BTEX 3 for Diesel and Heavy Oil Report Preparation $1,800 Estimated Cost: $6,665 Additional environmental consulting, report preparation, and testing beyond the proposed scope of work, or project meetings will be performed on a time and materials basis in accordance with our current Schedule of Charges and General Conditions "A , copies of which are attached. AESI will notify the one-call utility service to locate public underground utilities situated within public rights-of-way. The property owner is responsible for locating or notifying AESI of the location of private utilities on the property. AESI will not be responsible for damage to buried utilities that are unmarked at the tune of our work 1 If unusual or unanticipated conditions are encountered that would involve additional costs, we would immediately notify you to discuss modification of the study. Additional authorized services would be provided as outlined on the Schedule of Charges. 3 i 1 5.0 The person signing this contract for a business entity attests that they are 1 empowered to act on behalf of the business and agree to the Schedule of Charges and General Conditions "A" attached to this letter. Your signature below will provide acceptance of this proposal, authorizing us to proceed. i The undersigned has reviewed and accepts the attached General Conditions "A". j ASS IATE EARTH SCIENCES, INC. Client Date Kir nd, W shington Authorized Representative Jon . Sondergaard, F.G., P.E.G. Principal Geologist Attachments: Schedule of Charges/General Conditions "A" 1 1 1 1 INSAd 1 KVX060776P7 ProjecrsWMW776UMWP 4 Effective October 2006 ASSOCIATED EARTH SCIENCES,INC. GENERAL CONDITIONS r'A" 911 -5'"Avenue, Suite 100 29]1 ih Hewitt Avenue,Suite 2 Kirkland, Washington 98033 Everett,Washington 98701 (425)827-7701 • FAX(425)827-5424 (425)259-0522 • FAX(425)252-3408 Right of Entry The Client shall provide AESI legal access to and/or obtain permission for AESI to enter on all property,whether or not owned by Client,as ' necessary for AESI to perform and complete its work_ Client is responsible to provide, by map or drawing, a description of the property, its location and the location of any buried utilities or structures,including but not limited to,underground storage tanks. Any damage tbatresults to a buried utdtty,or to Associated Earth Sciences,Inc.(AESI)or subcontractor equipment,will be the responsibility of the chent. Also,any additional charges for exploratory wo-k, due to encountering the utility, will be the responsibility of the client. We will take reasonable precautions to ' minimize damage from use of rquipment,but have not mcl tided in our fee the cost for restoration of damage which may result from our operations. Hazardous Substances&Drill Cuttings Client warrants that, prior to AESI beginning work, it will provide AESI with all information known,or which reasonably could be known by Client concerning the past or )resent use of the property and the nature and existence of any bazardous conditions or materials, on, in, under, ' adjacent to or near the property When hazardous substances are known, assumed or suspected to exist at a site, AESI is required to take appropriate precautions to protect the health and safety of its personnel,to comply with applicable laws and regulations,and to follow procedures that AESI deems prudent to minimize physical risks to its personnel and the public Hazardous substances may exist at a site where there is no reason to believe they could or should be present. AESI and Client agree that the discovery of unanticipated hazardous substances constitutes a ' changed condition mandatm;a renegotiation of the scope of work or termination of services AESI and Client also agree that the discovery of ' unanticipated hazardous substances may make it necessary for AESI to take immediate measures to protect human health and safety,aid!or the environment AES1 agrees to notify Client as soon as practically possible should unanticipated hazardous substances or suspected hazardous substances be encountered Client encourages AESI to take any and all measures that in AESI's professional opinion are justified to preserve and protect the health and safety of AESI's personnel and the public,and/or the environment,and Client agrees to compensate AESI for the additional ' cost of such work. In addition,Client waives any claim against AESI,and agrees to indemnify,defend and hold AESI harmless from any claim or liability for injury or loss arcing from AESI's encountering of unanticipated hazardous substances or suspected hazardous substances Chent also agrees to compensate AESI for work performed in defense of any such claim, with such compensation to be ba,ed upon AESI's prevailing fee schedule and expense reimbursement policy Client recognizes that,when it s known,assumed or suspected that hazardous substances exist beneath the surface of the project site,certain waste materials,such as drill cuttings and drilling fluids,should be handled as if contaminated Accordingly,to protect human health and safety as well as the environment,AESI will appropriately contain and label such materials;will promptly inform Client that such containerization and labeling has ' been performed,and will leave the containers on site for proper,lawful removal,transport and disposal by Client. Chcra waives any claim against AESI and/or its professional staff,and agrees to defend,indemnify and hold AESI and/or its professional staff harmless from any claim or liability for injury or loss which may arise as a result of the drill cuttings,drilling fluids or other assumed hazardous substances being left on site after their containerization by AESI. Client also agrees to compensate AESI for any time spent and expenses incurred by AESI in defense of any such claim, with such compensation to be based upon AESI's prevailing fee schedule and expense reimbursement policy AESI will act on behalf of Client to arrange for lawful removal,transport and disposal of hazardous substances and potentially contaminated drill cuttings, dashing fluids and wash water, if Client so requests,and Client agrees to compensate AESI based upon AESI's prevailing fee schedule arid expense reimbursement. Soil,rock,water andlor other samples obtained from the project site are held by AESI for no longer than 30 calendar days after the issuance of any document that includes the data obtained from them,unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances, it is Client's responsibility to select and arrange for lawful disposal procedures,that is,procedures which encompass removing the contaminated samples from AESI's custody and transporting them to an authorized disposal site Client is advised that, in all cases, prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures AESI will act on hehalf of Chen,to arrange for lawhil removal,transport and disposal of hazardous substances if Chenl so requests, and Client agrees to compensaU.AESI based upon AESI's prevailing fee schedule and expense reimbursement Due to the risks to which AESI is exposed,Client agrees to waive any claim against AESi and/or its personnel,and to defend,indemnify and hold AESI and/or its personnel harmless from any claim or liability for injury or loss arising from AESI's containing,labeling,transporting,testing, ' storing or other handling of contaminated samples Client also agrees to compensate AESI for any time spent and expenses incurred by AESI in defense of any such claim, with such compensation to be based upon AESI's prevailing fee schedule and expense reimbursement policy Aquifer Contamination ' Subsurface drilling and sampling may result in unavoidable contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated area,linking it to an aquifer,underground stream, or other hydrous body not previousl,f contaminated and capable of spreading hazardous substances off-site Because subsurface sampling is a necessary aspect of the work which AESI will perform on Client's behalf,Client waives any claim against AESi and/or its personnel,and agrees to defend,indemnify and hold AESI and/or its personnel harmless from any claim or liability for injury or loss which may arise as a result of alleged cross-contamination caused by drilling or sampling Client further agrees to compensate AESI for any time spent or expenses incurred by AESI in defense of any such claim, in accordance with AESI's prevailing fee schedule and expense reimbursement policy Ownership of Documents ' All designs, drawings, specifications, notes, data, sample materials (exclusive of hazardous substances), report reproducibles and other work developed by AESI are instruments of service and as such remain the property of Associated Earth Sciences, Inc Third Parties All services performed by AESI and/or its personnel under this agreement are intended solely for the benefit of the client. Nothing contained herein shall confer any rights upon or create any duties on the part of AESI and/or its personnel toward any person or persons not a party to this agreement ' including,but not limited to any contractor,subcontractor,supplier,or the agents,officers,employees, insurers,or sureties of any of the above. AESI shall not be responsible for the means,methods,or procedures of construction,nor for safety on the job site,nor for the contractor's failure to carry out the work in aeconfance with the contract documents. Insurance ' Associated Earth Sciences,inc.maintains General Liability Insurance for bodily injury and property damage with an aggregate limitof$1,000,000 per occurrence and we will furnish certificates of such insurance upon written request. Our liability to the Client for bodily injury or property damage arising out of work performed for the Client for which legal liability may be found to rest upon us,other than for professional errors and , omissions,will be limited to our General Liability Insurance coverage. AESI also maintains professional errors and omissions insurance Wewdl furnish certificates of such insurance upon written request. Standard of Care Services performed by AESI under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by , members of the profession currently practicing in the same locality under similar conditions No other representation,express or implied,and no warranty or guarantee is included or intended in this agreement or in any report,opinion, and document or otherwise Limitation or Liability ' Client expressly agrees that to the maximum extent permitted by law,AESi's and/or its personnel's maximum liability fnr injury or loss arising from professional errors or omissions shall not exceed$50,000 or our fee, whichever is greater. The Ctrent further agrees to require of the contractor and his subcontractors an identical limitation of AESI's and/or its personnel's liability for damages suffered by the contractor or subcontractors arising from the professional acts,errors,or omissions of AESI and/or its personnel. Increased liability limits may be negotiated , upon Client's written request,prior to commencement of services, and upon Chem's agreement to pay an additional fee commensurate with the increased risk. Any such increased limit of Inability shall be established by written agreement signed by Client and AESI As used in this paragraph, the term"liability"means liability of any kind,whether in contract,tort,strict liability or otherwise, for any and all injuries,claims, losses, expenses,or damages arising out of or in any way related to services provided by or through AESI. Waiver of Consequential Damages , Client expressly waives as to AESI all claims for lost profit or any other indirect,incidental or consequential damages of any nature. Indemnification ' Client shall indemnify,defend,and hold AESI and/or its personnel harmless against all claims,damages,losses,and expenses,including but not limited to attorney's fees and court costs arising out of or in any way related to the services provided by or through AESI;provided that such indemnification shall not apply to claims,damages,losses or expenses that arise out of bodily injury to persons or(Linage to property to the extent caused by AESI's sole negligence,provided further that Client shall indemnify AESI against liability for damages,losses,or expenses arising out of bodily injury to persons or damage to property and caused by or resulting from the concurrent negligence of Client, its agents or employees and ' AESI,only to the extent of the negligence of parties other than AESI. CLIENT AND AESI AGREE THAT THE PRECEDING PARAGRAPHS RELATING TO LIMITATIONS OB LIABILITY,WAIVER OF CONSEQUENTIAL DAMAGES AND INDEMNIFICATION WERE MUTUALLY NEGOTIATED AND THAT BUT FOR THE ' INCLUSION OF THOSE PROVISIONS AESI WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, OR AESI'S COMPENSATION UNDER MS AGREEMENT WOULD HAVE BEEN HIGHER. Stability of Slopes , The Client also recognizes that risk is inherent with any site involving slopes and Client agrees to accept full responsibility for these risks. Client states that he understands that the information obtained or recommendations made may help to reduce the Client's risks and that no amount of engineering or geologic analysis can yield a guarantee of stable slopes Therefore, in cases where there is no fault(i.e no professional errors, omissions or negligence),Client agrees to hold harmless,defend,and indemnify AESI and/or its professional staff for claims from anysource in the event of slope movement and any damage resulting. , Attorneys Fees In the event the Client makes aclaim against AESI and/or its personnel,at law or otherwise,for any alleged error,omission or other act or failure to act arising out of this agreement,and the Client farts to prove such claim or prevail in an adversary proceeding,then the Client shall pay all costs ' incurred by AESI,and/or its personnel,in defending against the claim In all other legal proceedings between the p,irties,the prevmling party shall be entitled to recover reasonable attorney's fees and costs,including expert witness fees and all litigation related L 1penses Billing Invoices will be submitted one per month and are payable upon receipt lnterest of 1-I12% per month (but not exceeding the maximum rate , allowable by law)will be added to any account not paid within 30 days. Termination In the event that the Client requests termination of the work prior to completion,we reserve the right to complete such analyses and records as required to place our files in order as we consider necessary to protect our professional reputation At our discretion,a termination charge may also be made to cover our proposal and administrative costs relating to the project. Priority of Provisions The provisions of these Geneal Conditions supersede all other terms and conditions of the agreement between Client and AESI ' w,Cn,ov-Al-tn%~nwmtu1muD-zoos Client Initials r Effective January 2006 ASSOCIATED EARTH SCIENCES,INC. SCHEDULE OF CHARGES Our compensation will be determined on the basis oftime and expenses in accordance with the followingsclhcdule unless a lump sum amount is so indicated In the proposal or services agreement. Current rates are as follows• Personnel Charges-Engineers,Hydrogeologists,Geologists,Biologists,Scientists,and Technicians Principal......... ....................... ................ ................................$155.00/hour ' Sr.Associate..... ................. .....................................................$140 00/h our Associate....................................................................................$130.00/hour Senior... ....................................................................................$120 00/hour ' Sr. Project.... ............................................................... ...........$I 10 00/hour Project .......................................................................................$100.00/hour Sr. Staff....................................................................................... .$85.00/hour Staff.. ................. ................ ......... .... .. ...........................$70.00/hour ' Legal Testimony(4 hour minimum)...........................................$225.00/hour Other Personnel and Disbursement Charges CAD Operator and Workstation .. . ............................. ........$80.00/hour Project Assistant........ .................................................................$70.00/hour Laboratory Technician.......................... ..................................... .$65 00/hour Clerical,Word Processing,etc...................... .................. ...........$50.00/hour r Computer Services(GIS). ...... ................. . ................................$70.00/hour Mileage ... ........ ................................................................. ..$0.55/mile Four Wheel Drive Vehicle.................. ......................................... $0 70/mlle r Per Diem . ... ...... ................................ ............ ............ .........To be established on a project basis Subcontractors and Miscellaneous Expenses..............................cost plus 15% Laboratory Charges(Minimum Laboratory Charge-$100.00) Moisture C'ontent... ......... .........................................................$20.00/test Combined Sieve and Hydrometer........................ ................... $175.00/test Sieve witli Wash#200........................................................ .....$95.00/test 1 Sieve with Organic Burn ....................... ...... .................. .. $140 00/test Percent Passing 4200... ............................. ............................$55.00/test Specific G avity+04........... ........................ .. ..........................$58 001test Absorption and Bulk Specific Gravity+#4.................................$58 00/test ' Specific Gravity-9C ............ ........... ... ...... .....................$63 001test Proctor ASTM:D-1557 and ASTM.D-698 ... .......... .. $150.00/test Permeability-Fines(Falling Head) ............ .......... ..$150 00/test Perm eability-GranularSoiIS(Failing Head)... .......................$L50.00/test Fracture Count.................... .......................... ..........................$32 00/test Pebble Count Petrograph......................... ............. ........... ....$32 001test Ethylene Cnycol Test(3 rock minimum). . ......... ...................$30.00/rock r S.md Equivalent. .. ............. .. ... . .... .............. ...................$55.00/test Atterberg Limit...................... ................................... ........ .....$85 001test Direct Shear.............. ............................ .............................. $315 00/3 point test ' Hydrometer............................... ........................................... ...$80 00/test Consolidation ........................... ....... ............................... ..$250 00/test Organic Content............................................. .................... ...$60 001test rOther laboratory tests and equipment rental will be provided on a per job basis. CHARGE05-REG4-wPOMI45 r r E F.t �T 1 i Enlinf=crit -.; Ef•untnnir5 Lu 1201 Western Avenue, Suite 325 Seattle, Washington 98101 telephone 206 622 1001 1 facsimile 2066225747 2006 Rate Schedule , LABOR Principal.............................................................................................................. $140/Hour , Senior Project Manager ......................................................................... $115 to $125/Hour 1 Senior Engineer/Project Manager ......................................................... $95 to $100/Hour Engineer .......................................................................................................... $90/Hour , SeniorDesigner .................................................................................................... $85/Hour Production Specialist ..................................................................................... $80/Hour Project Administrator ........................................................................................... $60,.44our Administrative Support......................................................................................... $50/Hour 1 CONSULTANTS 1 110%of invoice received REIMBURSABLE EXPENSES Tools and Equipment Usage ........................................................................... Market rates 1 Photocopies and Prints .................................................................................... Market rates Mileage- Personal Car ...................................................................... ................ $0.44/mile 1 Telephone ....................................................................................................... at cost+ 10% Postage ........................................................................................................... at cost+ 10% Travel Expenses ............................................................................................. at cost+ 10% Other Expenses ............................................................................................... at cost+ 10% , These are current rates and are subject to review and revision annually. 1 Rate Schedule-SeattkN06 Engmeenng Econoncs Inc ' 1 EXHIBIT C 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 arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. ' A. 11^,linirmum Scope of Insurance Contractor shall obtain insurance of the types described below: ' 1. Automobile Liability insurance covering all owned, non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage ' 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. 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 1SO additional insured endorsement CG 20 10 1185 or a substitute endorsement ' providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liabilitv insurance appropriate to the Consultant's profession. ' B. Minimum Amounts of Insurance ' Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit ' for bodily injury and property damage of $1,000,000 per accident 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $1,000,000 general aggregate ' and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued ) 3. Professional Liability insurance shall be written with limits no less ' than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions ' The insurance policies are to contain, or be endorsed to contain,the following provisions ' for Automobile Liability and Commercial General Liability insurance: 1. The 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. 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 A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory t endorsements, including but not necessarily limited to the additional insured endorsement,evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors , Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for ' subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: SEATTLE KING COUNTY HEALTH DEPARTMENT LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM - GRANT AGREEMENT — AUTHORIZE 1 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Local Hazardous Waste Management Program (LHWM P) grant contract agreement in the amount of $19,732 18, direct staff to accept the grant, and establish a budget for the funds to be spent within said project. 3. EXHIBITS: Public Works memorandum and contract 4. RECOMMENDED BY: Public Works (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: ' Council Agenda Item No. 6G PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KENT Phone: 253-856-5500 WAS III NGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. 1 Kent, WA 98032-5895 Date: December 5, 2006 To: Chair Debbie Raplee and Public Works Committee Members ' PW Committee Meeting Date: January 8, 2007 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Public Health - Seattle & King County Grant Contract Agreement Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the Local Hazardous Waste Management Program (LHWMP) grant contract agreement in the amount of $19,732.18, direct staff to accept the grant and establish a budget for the funds to be spent within said project. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: i Background/History: The Public Health - Seattle & King County LHWMP Grant is used to fund three Special Recycling and Collection events for residents and businesses for the collection of hazardous waste, including motor oil, motor oil filters, petroleum based products, antifreeze, batteries, computer monitors, TV's, refrigerators, freezers and other materials. All materials collected at events are recycled. Summary: The LHWMP grant contract agreement in the amount of $19,732.18 is for funding implementation of the City's 2007 LHWMP tasks as described in Exhibit 1, Scope of Work, benefiting the citizens and businesses of Kent. Recommendations: Recommend authorization for the Mayor to sign the Public Health - Seattle and King County Local Hazardous Waste Management Program Grant Contract Agreement and establish a budget. D WWCommafeeUa,.Page dac This forth is available in alternate King County Contract No. D37328D _ formats for people with disabilities Federal Taxpayer ID No. upon request. Kt G COUNTY CON T RAC,T FOR SERVICES Wi T H OTHER GUVERNMENT, 1 iNSTi T UTION, OR JURISDICTION — 2007 Depa u i eiit Seattle'.-:'sriq County wept. of Public Health (a.k.a.Public Health-Seattle 8 King County) Division Environmental Health Services Contractor City of Kent Project Title Local Hazardous Waste Management Program Contract Amount $ 19,732.13 Contract Period Start date: -lansarr 1, 2007 End date: December 31, 2007 1 THIS CONTRACT T is entereri'intn by K!',' _` C'"N 'TF t� nr f,fl on 4 / :4 r r V + at 1- ww f rav CVCrai (the VVtir rtr r, 3-A Cray, o1 Dell+ �U/G ' "Contractor"), whose address is 220-4th Avenue South, Kent, Washinqton 98032-5895. WHEREAS, the Countv has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES Local Hazardous Waste Fund $19.732.18 111107 to 12/31/07 and WHEREAS, the County desires to have certain services performed by the Contractor as described in ' this Contract, and as authorized by the 2007 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: ' D37328D: City of Kent 2007 SKCDPH-LHVVMP Boilerplate Page 1 of 15 I. INCORPORATION OF EXHIBITS The Contractor shad nrQVtde gPrvirPc and enmphr watt. U.- re^�! ;re le^tS SSt f;,ii i III th ' folio%eAno a+.tarhed exhibits, which are incorporated herein hli referer•ce: ® Exhibit I: Scope 01 VVOrK& Responsibilities ' Fxhilait If: Budget& Invoice • Exhibit Ill: Mission, Method, and Expectations , • Exhibit IV: Certificate of Insurance and Additional Insured Endorsement tI. TERM AND TERMINATION , A. This Contract shall commence on the 1st day of January 2001, and shall terminate on the 31st day of December 2007, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. I B. This Contract may be terminated by the either party without cause, is whole or in part, prior to the date specified in Subsection II A. above, by providing the Other party thirty ' (3a) days advance written notice of the termination. C. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II C (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, mi;,appropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A_, the County may, upon written notification to the Centracte1, termi.^.afe thts Contract in..hole or in pa�. If the Contract is terminated as provided in this Subsection: (1) the County will be , liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. E. The Contractor may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. D37328D: City of Kent 2007 SKCDPH-LHVVMP Boilerplate Page 2 of 15 ' F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this ' Contract or law that either party may have in the event that the obligations, terms, and co=,a.,.�.,,, tmc'are uie-auhed by the other partv. ' ill. COPAPEMSATIM2 AND METHOD OF PAYMENT A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Upon receipt and approval of a signed invoice as set forth in Exhibit II that complies ' with the budget set forth therein. B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County wiii initiate authorization for payment alien approval of corrected invoices and reports. The County shall make payment to the Contractor not more than 45 days after a complete and accurate invoice is received C. The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not 1 submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. tD. When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The ' contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting ' documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E. If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. ' 1. The mileage rate allowed by King County shall not exceed the current Internal Ran'.ri`yh iiae.. v�i riw ti RS' rat., per m:Ie a.�i ally.:�wd fvr h,ylcin OQc rela!ed iravel_ The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost_ When rental vehicles are authorized, 1 government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http.f/www.gsa gov. I2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR§ 301,App.A. 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes_ The Contractor shall always request government rates. D37328D:City of Kent 1 2007 SKCDPH-LHW MP Boilerplate Page 3 of 15 4. Air travel shall be by coach class at the lowest possible price available at the time the Cormly rP_.g11eCtC a trl?FtrClda( flip, In g-rl-.al a frlp I :-+.- 111.a, vrith a ' particular work activity of limited duration and onFY, one round-trip tirl«t, per person, Shall be billed per Trip. I tntTFRNR C O-tff4RC) Akin,A Pr AIIXITA -Cvss cnl 4 Y�. _ c...� ..3v1 sur The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. V. DEBARMENT AND SUSPENSION CERTIFICATION Agencies receiving fe(�deral funds that are debarred, suspended, or proposed for debar-nentt are exc:UVGU 11V111 coritr4t.t:11g wah site County. The ` ort1ractor, by signatlure to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for �_a - 1- �__�r �� s____a r+,.,,r+_..,.4 T4... r�...+trn.�{n.r arc onronc {h�{ i{aril dedartrie It by airy Federal deparintent or L.Vntra Vt�1. so ...�......, ..... not enter into a subcontract with a contractor that Is debarred, suspended, or proposed for , debarment. The Contractor agrees to notify King County in the event It, or a subcontractor, is debarred, suspended, or proposed for debarment by any federal department or Contractor. For more information on suspension and debarment, see Federal Acquisition , Regulation 9.4. Vl. MAINTENANCE OF RECORDS/EVALUATIONS AND INSPECTIONS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal 'employment opportunity , requirements set forth in Section XIII. below, the Contractor shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other , pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any mutually agreeable time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations ' or statutes included or referenced in the contract documents. D37328D:City of Kent 2007 SKCDPH-LHWMP Boderplate Page 4 of 15 C. The records listed in A and B above shall be maintained for a period of six (6) years ' alte:r terrninaiion hereof unless permission to destroy them is granted by the Office of t, , ,1 ,.1, Chapter IM4. .. ...e... a, . ...., .,. -. • -_e n,t� -'I i�up�it I-1Vtl i�LYY 1 k ' D. The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Sert;c,11 XII—t„ the C`,n,;Jnt� thin State, and—, federal ageriCioc or offid Is at all reasonable times in order to w d .., 1 moritar and evaluate the ser.ices provided under this Contract_ Tne County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. ' E. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract ano six (6) years after termination hereof, unless a longer retention period is required by law. F. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. 1 G. The: Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law_ ViI. AUDITS A. If the Contractor is anon-profit organization, as defined in OMB Circular A-133, and expends a total of $500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, it shall have an independent audit conducted of Its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditionS contained ; 4Its audit. Mien I efle lence is Itiade 6i its audit tv a 4I60d1_1dgGarntC nt L ettel' or O+he, wr--rrj espondeence made by the auditor, the Contractor shall provide copies of those communications and the Contractor's response and corrective action plan. B. If the Contractor, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent Certified Public Accountant or Accounting Firm within six (6)months subsequent to the close of the Contractor's fiscal year. C. If the Contractor is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VII.A. D37328D:City of Kent 2007 SKCDPH-LHWMP Boilerplate Page 5 of 15 D. Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any , such requirements. Vill. CORRECTIVE ACTION , If the County determines that a breach of contract has occurred, that is, t;e Contractor has failed to comply with any terms or conditions of'his Contract or the Contractor has failed to provide In any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach; , The Contractor shall respond in writing within three (3) working days of its receipt of Su(:i nGtiiiGaivn, which response Shall :nd:Cate t:72 steps b�-irl� taken t0 cor:eet she specified deficiencies. The corrective action plan shall specify the proposed completion datC Jv--v_u:_girg the Con'raCa -i nFv `ale Shall not he more than ten 00) days from the date of the Contractor's response, unless the County, at Its , sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be Insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section II.C.; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from Incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have ' pursuant to Section 11. Subsections B, C, D, and E. ix. DISPUTE RESOLUTION t A. The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. B. If a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute shall be submitted to a dispute board for a non-binding determination_ Each party shall timely appoint one member to the dispute board. Those members , shall jointly appoint an additional member. Any costs of the dispute board shall be split evenly between the two parties. The dispute board shall timely review the facts, Contract terms and applicable law and rules, and make its determination. Provided , that each party and the dispute board act in a timely manner, the parties agree not to seek legal or equitable relief in the courts until the dispute board renders its determination. Thereafter, either party may seek legal or equitable relief in the courts. D37328D_ City of Kent 2007 SKCDPH-LHWMP Boilerplate Page 6 of 15 , X. HOLD HARMLESS AND INDEMNIFICATION +. in providing services under this Contract, the Contractor Is all it ldel el ideL It CVI Ural LO and neither it nor its officers, agents, employees, or subcontractors are employees of ' the County for any purpose. The Contractor shall be responsible for all federal and;gr r s� 4.. _a.._,._ -' •:•••• "ec"rlt" ilablllt' titaf inane reS�ill tr'Ji?? tf?e Jidc; lap, .�iU UJit�a� it �Ui diiC;e, aiiC.t vv.-.uI v ... y �y performance of and compensation for these services and snail make no claim of career service or civil service rights which may accrue to a County employee under state or iota i law. The County assumes no responsibility for the payment of any compensation, wages„ benefits, or taxes by, or on behalf of the Contractor, Its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harMless the County, its oft cars, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the ('nnfrartnr„c fadurn to nav nit �iinh rmm�"ncafinn 1Naf1PS hPIIPfItS„ or taXPS„ a[l(ilQC (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract- B. The Contractor further agrees that it is financially responsible for and will repay the County all Indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, Its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, empioyees, and agents from any and ail costs, claims, judgments, and/or awards of damages, arise out of, or in any way result from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. in the event the Contractor incurs any judgment, 1 award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County ' E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. F. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. D373281): City of Kent 2007 SKCDPH-LHWMP Boilerplate Page 7 of 15 Xi. INSURANCE REQUIREMENTS A. By the date of execution of this Conti act. the Contractor Shag; prn ure µnri I a ii^lto IV f-r , the duration of this Contract, insurance against claims for inmr p'z to �erSc it damages to property which may arise from, or in connection with, the performance Of work hereu—de- to y the v r ✓nrai,4Or, Its_ - i�� . . ayCn`tS, repfeSentaii4'eS, emplCye25, and;r3r subcontractors. The costs of such insurance shall be paid by the Contractor or Subcontractor. The Contractor may furnish separate cent icates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the ' Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements staled herein shall constitute a material breach of this Contract. B. Minimum Scope and Limits of Insurance By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Coverage shall be at least as broad as: 1. Commercial General Liability: i Insurance Services Office form number (CG 00 01 current edition or its equivalent) covering COMMERCIAL GENERAL LIABILITY. Minimum Limit: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Professional Liability- Professional Liability, Errors, and Omissions coverage. In the event that services -delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. Minimum Limit: $1,000,000 per claim and in the aggregate. 3. Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or non-owned vehicles, the Contractor shall provide , evidence of the appropriate automobile coverage. Insurance Services Office form number(CA 00 01 current edition or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. D37328D: City of Kent Page 8 of 15 2007 SKCDPH-LHWMP Boiterplate g , Minimum Limit: $1,000,000 combined single limit per accident for bodily 1 injury and property damage. 4. VrvCrei '�--s Compensation: ti �e��SauGn_ ' Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or..Other States' state law. Minimum Limit: Statutory requirements of the state of residency. I5. Stop Gap/Employers Liability: Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Ernpioyers LlablUly) or, inl states with monopaistic state funds, the protection provided by the "Stop Gap" endorsement to the general lianiuty policy. Minimum Limit: $1,000,000 C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. D. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies (Except Workers Compensation and Professional/Errors and Omissions) a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. (CG 2010 11/85 or its equivalent) b. The Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its offices, officials, ' employees, or agents shall not contribute with the Contractors insurance or benefit the Contractor in any way. ' C. The Contractors insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. D37328D: City of Kent 2007 SKCDPH-LHWMP Boilerplate Page 9 of 15 2 All Policies a. Coverage shall not be suspended. voided; canceled, reduced in coverage or in limits except by the reducl;on of the applicable annren lte? limit by olalms pa€u, until after forty-five (45)days prior written notice has been given to the County. b. Each insurance policy shall be written on an "occurrence" form; except that ' insurance on a "claims made" funm may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or ' the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3)years from the date of Contract termination, and/or conversion from a"claims made"form to an"occurrence" coverage form. M. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with , a Bests' rating of no less than A: Vill, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VI IL , Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. If, at any time, the foregoing policies shall fall to meet the above minimum requirements the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. F. Verification of Coverage The Contractor shall furnish the County certificates of insurance and endorsements required by this Contract_ Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities agsoc_.iafipd with the Cnntrac_t. The County reserves the right to require complete, certified copies of all required insurance policies at any time. G. Municipal or State Contractor Provisions If the Contractor is a Municipal Corporation or a Contractor of the State of Washington , and is self-insured for any of the above insurance requirements, a certification of self- insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. , H. Insurance for Subcontractors If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the D37328D_ City of Kent 2007 SKCDPH-LHWlVlP Boilerplate Page 10 of 15 insurance requirements of this Contract shall be subject to all of the requirements stated 'herein. i. All Coverages and Requirements Nothing contained within these insurance requirements shall be deemed to limit the sn� li tin �.-i{nr limits f the clov ono afforded by said n fires, which ,��pe, app�lea,,,,n at.,,.,,. �,.,, � o, .,. .,,..y� _ , co.erage will apply to each Insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. ' XII. ASSIGNMENTISUBCONTRACTING A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. ' B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or(2) supplies. C. The Contractor shall include Sections HID, IV, V, VI, VI1, X, XI, XI►I, XIV, and XX, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: `Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action aaainst subcontractor to enforce the provisions of this paragraph_" XIII. NONDISCRIMINATION The Contractor shall comply with all applicable federal, state and local laws regarding discrimination. XIV. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES I A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business(M/WBE) utilization requirements shall apply to this Contract. No minimum level of MNVBE subcontractor participation or purchase from MIWBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their M/WBE utilization or M/WBE status. The completion of County M/WBE forms which may be included in the Contract documents is not required. Provided, however, that any affirmative action requirements set forth in any federal D37328D: City of Kent 2007 SKCDPH-LMNMP Boilerplate Page 11 of 15 regulations or statutes included or referenced in the Contract documents will continue to apply. B. the tern, of this Contract, the Contractor shall not create barriers to open and fair opportunities for MJWBEs to participate in all County contracts and to obtain or o=noto fnr r•r+ntrr.r}r nn.t ....M......b.. cts ..._ sour i i:..-_ � w...ri.w ,w ..vnu auw ai lu Juul vi iU Q L GJ Jtiiil ces of supplies, equilan t, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discrimii lute against any person on the basis of race, color, creed, religion, sex, age, nationality, mantai status, sexual orientation or the presence of any disability in an otherwise qualified disabled person. C. The Contractor shall maintain, until at least 12 months after completion of all work under this Contract, records and information necessary to document its level of utilization of MMBEs and other businesses as subcontractors and suppliers in this Contract and in its overall public and private business activities. The Contractor shall also maintain, until 12 months after completion of all work under this Contract, all written quotes, bids, estimates or proposais submihed io ine Coniiacior vy aii businesses seeking to participate in this Contract. The Contractor shall make such documents available to the County for inspection and copying upon request. If this Contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract documents. D. Wing County encourages the Contractor to utilize small businesses, including Minority- owned and Women-owned Business Enterprises("M/WBEs") in County contracts. The Washington State Office of Minority and Women's Business Enterprises(OMWBE)can provide a list of certified M/WBEs. Contact OMWBE office at (360)753-9693 or on-line through the web site at www.wsdot.wa.gov/omwbe/. E. Any violation of the mandatory requirements of the provisions of this Section shall be a mal,erial breach of Contract for which the Contractor may be subject to damages and sanctions provided for by Contract and by applicable law. XV. CONFLICT OF INTEREST A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and rnay result in termination of this Contract pursuant to Section it and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable ' consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated during county employment. Contractor shall identify at D37328D: City of Kent 2007 SKCDPH-LHWMP Boilerplate Page 12 of 15 the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. FaIlLire to Grrme ('���qa�e ernip!,;,fees iriv Ave-0 III L`lJ iransacliit 1n rnav iesuit in r y i.Lxx .nx �. xv.x.t... .. ...j ..1.....,�...... the Cv-un y S enving or ienriinaiing this Contract_ z.-'`+__._ l'u l t' ' d" t'�LLCI I�VnU dLL a'vVai u,a i`w Ci)nir acivl Iv rc$pCnsivle for notifying tti2 CQUnt}'S rlUjcCt lvtarlager of Current or iUriTief County employees who may become involved in the Contract anv time &r,n3 tyi� Carr; Uxf I e Coy!tract. XVI. EQUIPMENT PURCHASE,MAINTENANCE,AND OWNERSHIP A. The Contractor agrees that any equipment purchased, in whole or in part,with Contract funds at a cost of $2,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County andfor federa►istate government. B. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Contractor shall ensure that all such equipment will be returned to the County or I federallstate government upon termination of this Contract unless otherwise agreed upon by the parties. D. The County will provide property tags so Contractor can mark property. The Contractor shalt admit County staff to the Contractor's premises for the purpose of confirming property has been marked with County property tags_ The Contractor shalt establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XVII. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the worst described herein and is jointly produced by both parties, all rights accruing from such material or article shalt be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexcll�swe, and royalty_free rcense to use, according to law, any material or aricle and use any Melillo' that ^"'be develop ed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. D37328D: City of Kent 2007 SKCDPH-LHWMP Boilerplate Page 13 of 15 M. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY ii r accordance with it�g County Code 10-16, 'the Contractor shall use recycled paper for the production of all printed and photocopied documents related to the luiiiiiment of -thus Contract. In addition, the Contractor shall use both sides of paper sheets for copying and printir:g anrV{ Shall IBC p✓ rer v lerl/ranvrlahlo nrC"i,ictg whera fifer nrartl�_1 In t1.he fi11fillmen+ f this Contract. XX. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly ' set forth in this Contract. f �:rr n�, 'lrrw e EN RE C.ONTRAC1i A R-O :_ AI.ILT 'rk� p t;nS nrov t4M+tt:is O ntr r+ ie ho m nlAfn pYnrPCCInII of the tP_.rmS Hereto and any I IIV 41a{1iV yyl liV Ut VV acf iJ t mnl✓fo- ♦ar.✓ - oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract_ XXII. CONTRACT AMENDMENTS Either party may request changes to this Contract, Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. MV. SERVICES PROVIDED iN ACCORDANCE WITH LAW AND RULE AND REGULATION The Contractor and any subcontractor agree to abide by the laws of the state of Washington, , rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the Event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. D373281): City of Kent 2007 SKCDPH-LHWMP Boilerplate Page 14 of 15 XXV. APPLICABLE t,nW This CC:)}ract St wtl f'c Cn tct:Lg ' and :n+a:�,r ter :, �LCiz�t,AnCr v�i,! Ii1L `talvS c�i file State Of Washington. The venue for any action hereunder shah be In l,le Superior Court for tying County,"Vashington. IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY CONTRACTOR FOR King County E,�e-->ative Signature Date NAME (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY D37328D_ City of Kent 2007 SKCDPH-LHWMP Bo7erplate Page 15 of 15 EXHIBIT I D37323D n Pi RI ArvJ rrr OF L D�T S TAdaI VG Ot mr E TOC AL rYt <.•u R,D)vJS)a 1[T k C-C U I I A NTT A r''P RM[�nTT Tl Fl/!!'+rr A n11 l:l�Tl 2ei[l"f A r'"S emi ;p fS�:� - _athiAIII CCr[� LilCil ti[�iAV I RAR��? The Local Hazardous Waste Management Plan(hereafter referred to as the"Plan'')as updated in 1997, , ?vas adopted my the partner rag riC_C(ksng/}n.rnt<i Cnli�i ZSIuSie llr vt Srvn. Ceuttle iTu inirC vim i.iieS, iii,'Z.`, Connt .'!later 3L-d iant;ResClI ICeS 111:, .i ti,. 1:1 g C TD h e {D„! 1 C [31 1 y SiCli ailu . .fe.Iwfi-AIl.�i.o�litir Uep¢3 r.rCBc v♦ • uJ,i.. neat*,lm) and C1tIeS located in King County_ Tne Washnmgton Stale 17CDdCtlnBlnt O1 FCOlogy:n acwrdahC;.lviiii RCW 70.105 220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program(hcieafter referred to as the"Program"). The purpose of[his Exhibit is to define the terms and conditions associated with the Program's funding of City activitie3 performed wider the auspices of the Plan and as approved by the;Program's a_anagcment Coordination Coninuittee.(hereinafter referred to as the"MCC"). '17lus Afreeiuetit further defines the responsibilities of the City and Seattle-King County Department of public Health with respect to uA.,i LFoSa aui iuv7li en. Scope of Work The City of Kent will organize two citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled:motor oil,motor oil filters, petroleum based products,antifreeze,batteries,computer monitors,TVs,CFCs and other materials if . determined to he cost effective_ Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: ' A. The City 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall subinit the following to the Contract Administrator r_ r ur.c.m i...,.:,.,. i.,,..l.l l.o�A.,t t,.tine I�nntrart AAminjctrator of An invoice'aec Gunvit'. utJvT t S Su�u u w w for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. e) Copies of invoices for expenditures or a financial statement prepared by the City Is finance department. The financial statements should include vendor names,a description of services provided,date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15°i regarding the amount of outstanding expenditures for which the City has not yet subtrutted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county,state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity,by type,of moderate nsk waste collected using 1 of 3 Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non- Hazardous Waste Manifest or similar form,associated with the transport of moderate risk waste collectedthroiwh Prnoiain-fronded ci,ents ble t 'nr le lr or Gtheemergencies a ma at the fneilitiec Tne Cliy iS Stalely reSpGnSirrFc.ter any and all spL..,,xt.,..,,5 r rfS._� _ associated with the City's events or in any other way associated with activities conducted within the scope of this('nrtract to the event of a spill or other emergency,the City is responsible for t,ith all ...1',.�l�lo l .i .- .., 1....,. ulliiflMUl.1Y aY�'�J aS3l.Il�.ptJl L3..fV'1... 6. lie City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds_ The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program- The City also agrees!o allow the Program to reproduce media materials created with Program money provided that the-rogr inn cre"ifs the City as the originator'Or that material. 8. T1iis project shall be administered by Robyn BarteIt at the City of Kent,220 4°i Ave.S,Kent,at(253) 856-5549, (rbartelt@ci kent.wa.us)or her designee. 9. Questions orconcenrs regarding any issue associated with this Exhibit that cannot be handled 1 by the Contnec Administrator should be referred to the LHbVMP Program Administrator for resolution. B. Seattle-KinaCGunt Department ofPublieHealth 1. Seattle-King County Department of Public Health shall administer,via the attached Contract,the transferor Program funds to the City for hazardous waste management events and activities. 2. Within forty-five(45)days of receiving a request for reimbursement from the City,the Contract Adininisierator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment If any exceptions to the request are made, this shalt be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work,unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete(e.g.they do not include proper documentation of expenditures for which reimbursement is being requested)or are not consistent with the subautted scope of work. C. Program Contacts Ken Anmtrong Paul Shallow LHWMP Program Administrator LHWMP Contract Administrator 150 Nickerson Street, Suite 100 999 Third Avenue, Suite 700 Seattle,VIA 98109 Seattle,WA 98104 206-352-3163 206-296-4751 ken_annsiron��;rnetrokc.gov paut.shallow@metrokc.gov i 1 2of3 EXHIBIT II Rod,et/tttvoice LOCAL RA.Z. It1.3OUS F"r'A3i'i.1',[MINAGEME:^:[P.R01GRM From- The City of Kent 220 4th A:e. S Kent, NA 98032-5895 To: Paul Shallow,LHWMP Contract Administrator Seattle-King County Department of Public Health 999 Yd Avenue,Suite 700 Seattle,WA 98I04 Contract#D37328D Period of tame:_ 2007 to 12007. In perforniance of a signed Contract between King County and the City of Kent,I hereby ceitify that the following expenses were incurred during the above-mentioned period of tirne. Signature Date Component Descri Rt;ou Budget Current Expenses Previous Charges Balance HHW Education $19,732.18 HHW Collection $19,732.18 TOTAL For Health Department Use Only Local Hazardous Waste Management Program Approval: Paul Shallow Date 3 of 3 EXHIBIT 11-1 Mission, Method, and Expectations �.^.l:1sC flealtl:Pruj�riil: Act; it;it'C8 Provide 1?y roET2Le:C5:..ijl PSai ^C:s A.Mission • The overall mission of Public Health—Seattle&King County is to provide public health services that promote health and prevent disease to King County residents, in order to achieve and sustain healthy people and healthy cormnunities. B. Method ' One of the key methods that Public Health— Seattle&King County uses to support this mission and extend the reach of public health program activities is to engage in contractual partnerships with community based organizations. This partnering activity 1 increases access to needed and mandated health services, and enables community partner agencies and the people they serve to benefit from service models that are informcd by sound public health principles and practices.Community partner organizations, with the support of finds provided through this contractual relationship, extend Public Health's activities to promote population health, according to goala and outcomes determined under state and national performance standards. C. Expectations ■ Public Health expects that its commurty based contracting partners will perform contracted health services in accordance with the goals,performance measures, and accountability methods that are outlined in the program-specific exhibits that accompany this contract. • Public Health will provide professional and technical assistance to community partner organization program staff in order to support the development and maintenance of strong and effective program services. ■ Public Health and community partner organizations will collaborate in developing and performing program evaluation activities that will measure the effectiveness of program efforts, including efforts to measure the impact of program activities on the health status of residents of King County. i Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: OLYMPIC ENVIRONMENTAL RESOURCES CONTRACT AGREEMENT —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Olympic Environmental Resources Contact Agreement for Waste Reduction and Recycling Activities and Programs for 2007 in the amount of$59,690 3. EXHIBITS: Public Works memorandum and contract 4. RECOMMENDED BY: Public Works (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: Council Agenda Item No. 6H PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KEN T Phone: 253-856-5500 wASF„ryGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. 1 Kent, WA 98032-5895 Date: December 5, 2006 To: Chair Debbie Raplee and Public Works Committee Members 1 PW Committee Meeting Date- January 8, 2007 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Consultant Contract Agreement - Olympic Environmental Resources Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the Olympic Environmental Resources Contract Agreement for Waste Reduction and Recycling Activities and Programs for 2007 in the amount of $59,690. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Background/History: Olympic Environmental Resources organizes, implements and provides management over the City of Kent's Waste Reduction and Recycling Programs for 2007, including Special Recycling and Collection events, Business and Multi-family recycling programs, compost bin sales and outreach and educations. The consultant contract agreement is funded entirely through the following grants. Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. Summary: The consultant contract agreement for Olympic Environmental Resources in the amount of $59,690 is for implementing special programs, education and outreach for the City's waste reduction and recycling program, benefiting the citizens and businesses of Kent. Recommendations: Recommend authorization for the Mayor to sign the consultant contract agreement. U IPWCommUle,l m.nPaged.c KENT WPSFi1NGTON l.VlilSUL1Aly 1 3Etc ViC,r.cal f-1VrtiLLM E lv T bet yveen the City of ltc�put ::II€1 Olympic Euvirounieutal Resources (0ER) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Olympic Environmental Resources (OER) organized under the laws of the State of Washmgion, located and doing business at 4715 SW Walker Street, Seattle, WA 9$116, Phone: (206) 938- 82 6_m as.. 006'; 93$-9$13, Contact: Paul Devine (hereinafter 1.1re "Consnlran4 ). L DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall organize two (Spring and Fall) citywide collection and recycling events, promote business and residential recycling, organize a Spring compost bin sale, and provide grant administration For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant furtber 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 December 31, 2007. III. COMPENSATION. I A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty Nine Thousand, Six Hundred Ninety Dollars ($59,690 00) for the services described in firs 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 reulain 1 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, t he p antes will t o riediately nZ ake every effort to settle the disputed portion. i[T INDEPENDENT IC NTUACTOAR Taco panties intend that art Trtulepn"nd.".nt 1 f• XL1"L. A, L 111 l.rV1.41�S 11i1 Vl,�. L1 4 4tt(V tit V 11Ut 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 to the results obtained under tilts Agreement- V. TERI IINATION. Either party may temunate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and da a within the Consultant's , possession pettamtng 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. V1. D1SCRtMINATt0N. In the hiring of employees for the Derfonuance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate .against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute tine attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract-%mork, 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 rn connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification_ Should a court of competent jurisdiction determine that this Agreement i s subject to RCW 4 24.115, then, in the event of hability 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 ineotporated by this reference. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) 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 I Consultant Consultant shall make suc11 data, documents, and files available to !K� City upon Clio 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,the work must meet the approval of the City and s hall b e suUt ect t o the C ity's general r iglit 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 perfornnanee of the contract work and shall utilize all protection necessary for that pm-pose. 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 3.30 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever- practicable. A price preference maybe 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 Drslnutes 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 tiling 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 ansnng from the parties' performance of this Agreement, each party shall pay all its legal costs and attorne_y's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; rRovided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three(3) business days after the date of marling by registered or certi tied mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such 1 other address as may be hereafter specified in writing. ' CONSULTANT SERVICES AGREEMENT-3 (Over $10,000) E Asstormment 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 assi�unent, the Ienus of this Agreement sha11 continue in full force and effect and no fti Cher assignment shall be made without .7.7.,•,.._..1 *U x aGGRIonai wri4, 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 duty authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terns of this Agreement, together with any j 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 pai t of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained to this Agreement, the terms of this Agreement shall prevail. H. Coinnhance 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 j date entered below. CONSULTANT: CITY OF KENT: t By. By. (Signature) (srgnnture) Print Name: Print Name: Suzette Cooke Its Its Mavor (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Paul Devine Larry R. Blanchard Olympic Environmental Resources (OER) City of Kent i 4715 SW Walker- St. 220 Fourth Avenue South i Seattle, WA 98116 Kent, WA 98032 (206) 938-8262 (telephone) (253) 856-5500(telephone) 206) 938-9873 (facsimile) (253) 856-6500 (facsimtle) APPROVED AS TO FORM: Kent Law Department t OER-2007 RecyclingJBartelt , CONSULTANT SERVICES AGREEMENT-4 , (Over$10,000) i DECLARATION rrry nr *.ra err EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is connrlitted 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 frith the regulations of the City's equal employment opportunity policies. I The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to Air affirmative response is required on allot' the following questions for this Agreement to be valid and binding If any contractoi, subcontractor or supplier WllI liiZ.I"LLy i1nlSretlreseuts u"l2rxrSetVeS 'v`✓i tin regard O tue directives outlines, it will be considered a breach of contract and it will be at the City's sole detenrunation regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminale in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or phystcal disability. i 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor,will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20Q_ By: For: Title: Date: iEEO COMPLIANCE DOCUMENTS- 1 CITY OF WENT 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. r EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EV,QU �.L i�iv�i%.v .ENT 01):130I"a UN'ITY CO1I'),TT I`A NTi-r I TA TV r liNT iThis 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 aclanowledge and declare that the before-mentioned company was the prime contractor for the Agreeinem l t}i.} Fit».Ci eater a� ;'to tlti t1tP (d te)11I1U�F'11 QJ u. - , between the finm 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 i 1 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 CITY OF KERTT G'iVnlnf'l TIn'T , , ION EVEN ITS, BI SrI ES',S RECYCLING CROGTI,tTY nnCTTr�14T'T`T A rTl.`f Vf[ INTf T)130 `QF t R� AN[) !'R ANT yRR,iFIl1F�.�.'!`U A'FICINT ,l\L'.OA Vvll ll.[`\U tS��V TI�u��.�T � - iv+ Jiltf 11 T'l I ikit kx'jll PROJECT COST'T RACTOR Olympic Envlronl ental Resources (OVER) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email: pauldevineCrnsn.com 2007 SCOPE OF WORK AND BUDGET TASK 1: Recycling Collection Events OER will organize two (Spring and Fall) Citywide collection and recycling events in the City of Kent. A) Materials to be collected and recycled: • Appliances+ • Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals • Scrap Wood* • Bulky Yard Debris* • Concrete, Asphalt, Rock, and Brick** • Tires+ • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Pi opane Tanks+ , • Cardboard • Reusable Household Goods • Textiles • Motor Oil • Motor Oil Filters • Antifieeze • Petroleum Based Products • Paper Shredding** • Computer Equipment+ • Electronic Equipment/Cel Phones+ • TV Sets+ +User fees apply *Collected in the spring ** Collected in the fall 2001 UN K Jcope of IPor k Aloi'e,r7ber 28, 2006 B) T lie f0iioitiing educational materials will be distributed: i) Iri of nation oil City of Kent Waste reduction and iecycl-Ing pfograiY713, 211 Information from on Local hazardous Waste Mannement Programs. EV ell t L'� These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed. OER reserves the right to refuse oversized, commercial, or contarnmated loads. Event Prornotion Event promotion will be accomplished in the following ways: A)Distribution of a promotional flyer through direct mailings. B) Articles in the City newsletter publicizing events. C)Publicizing the events through the King County Solid Waste Division. D)Publicizing the events on the City's cable channel and web site. Project Evaluation The following measures will be used to evaluate the completion and success of the events: A)The number of vehicles attending. B) The volume of each material collected. C)Event cost by budget category. D) Cornparison of 2007 volumes and vehicles with prior year's events. Tirneline Tentative F've-nt Ontev—MrtrchlOc(nher. 2007 Januaay/August 2007 Event planning Work with City on finalizing event date Schedule vendor services February/September 2007 Schedule vendor services Work with City on event flyer Arrange for the printing, sorting, and mailing of flyer March/October 2007 ti Finalize planning Prepare site map 2 2007 Oh_I?Scope o/ Work —_— Norenhei 28, 2006 Arrange event ataff and voiunteei s rrvIn 't"ttt k- u; viz aYuuuc�i..:..�� 5,,:.:CPS Amin(ye event equipment Arranixe event deliveries Hold ev--nt Ap ril/Noveni ber 2007 Prepare project reports Assist City in ieinabursement process TASK 2: Business Recycling Prograni OFR will promote participation in waste reduction, recycling, and recycled product procurement cr ' ,- � fee = hng I�,,,.,,..r;.,o� ;,� t1_P Vptif rnnimPt'Zial Sector. Programs ,an increase IIIC IC11UiNiGl1�'C:VL tct,y%itub attt.iit�u...,u .. ... Program Activities: 1) Kent Recycling Report Newsletter Prepare and cooidinate distribution of a Kent Recycling Report Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses two times in 2007. 2) Kent Business Collection Event OCR will implement one Business Recycling Event in 2007. The event will be held on a summer Wednesday or Thursday at a central location in Kent(Russell Road Park). Materials to be collected: • Clean Scrap Wood/Pallets • Refrigeratois and Freezers+ • Scrap Metal • Electronic Equipment • Computer monitors+ • Fluorescent Lights • Office Recyclables/Cardboard • Toner Cartridges • Cellular phones • Plastics • Paper Shredding , • Other materials if feasible +User fees apply The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. 3 2007 OER Scope of Work C?h ockeirt Noi ember 38, 2006 • Other educational materials as appropriate. •r_ DlV Cfit (/i Vfllilti Ull ail Ill[.tiivdo. • I tv dietributiug a promotional flyer through direct mailings. By notices in City/eo ill iyitinity newsletters/arid 1-cal newspapers (whenever possible). l3v postiih a nonce at City' Hall, on the illy cable channel. and web Site (it avallable). By publicizing the event through the King County Solid Waste Division Promotional Activities. Event Participants T his event is intended for the businesses in Kent. Sorne restrictions on the amount of material may apply. We reserve the right to refuse contaminated loads. Event Evaluation • Number of vehicles attending • Volume of each material collected Event cost by budget category • Event comments • Cn aphic or tabular comparison of 2007 volumes and vehicles with prior year's events • Summaty of survey data collected(if taken) 3) Kent Business Assistance To provide business recycling assistance to City businesses, OER will customize send a City Tool Kit to all new Kent businesses with intro letter and offer of on-site visit. OER will provide assistance to City businesses on an on-call basis. OER will track assistance to City businesses as required by King County. OER staff will promote the web site wv,-Nv kentrecycles.com as a means to communicate with businesses and property managers regarding waste reduction and recycling. I4) Kent Business Recognition To provide Kent businesses with motivation to recycle, OER will implement the Vent Green t mess of the Year Award OER will work with the Kent Chamber of Commeice and past program information to seek out businesses that have put in place outstanding recycling programs and award up to four City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, using recycled products and use their programs as examples for other Kent businesses to follow. 5) Business Web Site Assistance fit 2007, OER will respond to inquires from City businesses from visits to the City's recycling website. In addition, the site will be updated with recycling information as necessary. 4 '007 OER Scope of Work (.ANY of Kent Noi emhei 28, 2DD6 MASK 3: Mul(ifamily Ree)-lciin,Program OER will pIomote waste reduction, participation in multifamily residential coilection programs for .ecYclables, and the pt?reI asp of tec ycle 1 products tt roue,1 the folinw no rn Urlint tti�tis I} c .ar z L bl ! , _o�. e - will multda,,..ly resident, aidbroun , eur sim na.. e.,. • Distribute multifamily educational brochures through direct mailings, special City events, and door-to-door delivery. Disti ibute multifamily signs for use at multifamily complexes for proper recycling of materials • Providing on-site waste consultations and follow-up assistance. • Distrbute niuitifamily recycling bags for use for proper recycling of materials • Respond to inquires from City residents from visits to the City's recyciing website.In addition,the site will be updated with recycling infoimation as necessary. Proieet Goals and Objectives Promote multifamily participation to Kent recycling services. Promote cost-effective handling of the multifamily waste stream. Promote the purchase of recycled products to the multifamily sector. Promote use of City Web site Project Evaluation OER will monitor the program by reporting the following: - The number of educational materials printed/distributed. - The number of signs distributed. - The number of on-site consultationslteclmical assistance provided. - The increase in the number of multifamily buildings participating in waste reduction, recyciino, and recycled product procurement activities. TASK 4: Spring Compost Bin Sale OER will organize .a Spring Compost Bin Sale in conjunction with the Kent Spring Recycling Collection Event. OER will make all arrangements and enter into subcontracts with a backyard compost distribution vendor. OER will implement one backyard compost bin sale accompanied by educational outreachYtechmcal assistance on backyard composting. The sale will be advertised in the Kent Spring Recycling Collection Event flyer sent to all Kent households. At the event, OER will sell the compost bins for $15 each and bill the remaining cost to the City. Each compost bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. "TASK 5: Grant Administration OER will work with the City to provide grant administration and project reports for this Scope of Work. OER will: 5 200'OLR,Scope of Nord Cuy«l K6nl Not ember 28, 2006 r, , - , , . s , ,• m , rtovtoe utt«otng grant admint5triiton tnrougn uze eoulpietion of the -ias s, as oudi ea this Scocie of Wnrk< m Pmpnlle repot is Ior the orznt program. Prepare finai repol L. 6 >E�t^N1��� vi�l�� �� II I Till 1 F �h�•7��'n� �r`�,_Fn ,��E i:a r-. Nr..�l crl :t�l t�lr+E'1qlol lc�l lIc lc.Enl�l { I' of v�� v,� • I=� .-:�HI ( ^ "w E.. "! ! ! t �� 1 i ! llMJ �ti�n� r! �! �Y. r ll"'aT� � " = 1 i i • 1 ! E E � E � � ! t t i } F i { � 1 S = {� ! L ( k (t ! [1 1 }1 I ! 1 1 p f 11 t ,p b b F ^ Ua u O O P O j O G O P O OV O o P O o 0 o v o c o 0 o c o 0 0 0 0 CL v r, h �n •n �n •n a v, vi r v Y, ,, n n m •n v, m v, I"I �N � EQ�•o�0�•n� � �,n�•� H e", ITI N b O Ei W O C O O O O C, a V1 Vi V'r Vi Vni W bi b5 K K b9 W to Yi '/1 Vi V9 N in h 110 O w V v✓ ry JNC T � r'1 N `O N M N n IV r Y, •n M N ry O O N O _1 _ O O O O O O O O In O ^ � O O O �� O ✓1 Y N O Vi O N O O O ^-� p M V1 N N V? N O CNi o c L oVP 14 C C O[ V - � � ^ � C G C ➢ O V � T w t S d h � d w ct y - 4 _ L, .. .. u n P C O. w C as ��_ tt C c n '^- 6 .5 ^`_ U g a w — W a > - 0 1°. W O n w Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: KENT KANGLEY ROAD AND KENT 5 BRIDGE AT ROCK CREEK PROJECT - FINAL PAYMENT —ACCEPT 2. SUMMARY STATEMENT: Authorize the Mayor to sign the final payment for and project acceptance of the Kent Kangley Road and Kent 5 Bridge at Rock Creek repair in the amount of$103,387 20, which exceeded the original project repair estimate. Adequate funds exist in the budget to cover this overage. 3. EXHIBITS: Public Works memorandum and backup material 4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? _ Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $103,387.20 Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 61 i PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax. 253-856-6500 W A 5 11 I NOTON i Address: 220 Fourth Avenue 5 Kent, WA 98032-5895 iDate: December 27, 2006 To: Public Works Committee Chairperson: Debbie Raplee Council Members: Ron Harmon and Tim Clark Public Works Committee Meeting Date: January 08, 2007 From: Larry R. Blanchard, Public Works Director Subject: Kent Kangley Road and Kent 5 Bridge @ Rock Creek/ Final Payment and Project Acceptance Motion: Required ❑ Not Required ❑ For Information Only Authorize the Final Payment for and Project Acceptance of the Kent Kangley Road and Kent 5 Bridge at Rock Creek Repair Costs for the amount of $103,387.20. i Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's Other Background/History: At the August 7, 2006 Public Works Committee meeting staff presented a memorandum titled "Kent Kangley Road at Rock Creek Structural Report and Recommendations on Bridge- Authorize" to the committee. The Public Works Committee then in turn recommended the following for full City Council approval. 1) Proceed with establishing a weight limit on Kent Kangley Road due to the restrictions i caused by the deterioration of the bridge crossing Rock Creek. An ordinance will be prepared and submitted to the Public Works Committee for recommendation to the City Council. 2) Authorize the Mayor to enter into an agreement with King County upon approval of the language of said contract by the City Attorney and the Public Works Director for design and interim repair service as the case may be for the Rock Creek Bridge. The contract with King County shall not exceed $75,000. To expedite the repair of the bridge the City entered into an agreement with King County Department of Transportation to repair the bridge damage. After further exposing the structural members of the bridge during the repair process it was determined additional damage to the bridge had occurred and more repair work was required than originally estimated. i u\PWcomm,t,eelActionsl eet5\2007\08]anRockCreekFinalPayment doc Page 1 of 2 i The bridge repair work was completed on September 01, 2006 at a total cost of $103,387 20. i The original estimate was $75,000. This is $28,387.20 more than the original estimate or 38% more than anticipated In the event the cost of the project is greater than 10% of the original bid or cost estimate then it must be approved by Committee before final payment can be made At the same time the project needs to accepted as complete by the City for maintenance responsibility. Summary: The Public Works Department will request final payment authorization and project acceptance from the City Council ' Funds are available to make the final payment for the above described project. Recommendations: ' 1) Authorize the final payment to be to King County Department of Transportation in the amount of $103,387.20. 2) Accept the Kent 5 Bridge Repair Project as complete for acceptance of maintenance responsibility. i Cc: Paul Scott, Accounting Manager Attached: Invoice 1426410 u \PWCommittee\ActionSheets\2007\08]anRockCreekRna1Payment doc ' Page 2 of 2 ' ACCOUNT NUMBER INVOICE/STATEMENT 7 3 1 0 0 0 0 1 3 B R O 2 King County Financial Management Section Accounts Receivable Unit t BILLING TYPE DESCRIPTION 611 Kin County Administration Buildin EEPT OF TRANSPORTAT ION- R01��SFourti'nue,Seattle,WA98104-23%7 INVOICE./STMT DATE; 1 0 j 1 71 Q 6 ROADS CONTRACT SERVICES NIA I NT E N A N C E D I SO � INVOICE NUMBER: 1 4 2 6 4 1 0 I EMITBY: 111 041 06 N DUE DATE. 111111106MAKE CHECK PAYABLE TO:KING COUNTY FINANCE � •INDICATE ACCOUNT NUMBER ON CHECK Q It OTAL AMOUNT DUE: $ 1 O 3, 3 8 7. 2 O nQo�' •REMIT IN TIME FOR RECEIPT BY DUE DATE vjC`A �+ `'t ..lL ^`" *FAILURE TO PAY BY DUE DATE MAY RESULT IN YOUR ACCOUNT * jy�j,*,BEING SENT TO A COLLECTION AGENCY. PER RCW 19 16. �E�,'t. 1 T Y OF K E NT *** ckisdi ****dishonored, *** will GktA DEPT OF PUBLIC WORKS If check is dishonored,a$25 00 fee will be charged. AT T N: J OA N BROOM ' 220 4TH AVE S MAIL THIS PORTION WITH YOUR PAYMENT KENT WA 98032 000000000000000000000000000000000000000000000000000000000000142641050103387201 - - - - --- ---- - - -- - - - - -- - - - - - - ' ACCOUNT NUMBER 7 3 1 0 0 0 0 13 B R 0 2 STATEMENT DATE 1 01 1 7 1 0 6 DETACH AND RETAIN THIS PORTII INVOICE NUMBER 1 4 2 6 4 1 0 PERIOD: 0 91 0 1 1 0 6 - 0 91 3 0 1 0 6 PAGE 0 0 1 DESCRIPTION UNITS UNITS RATE AMOUNT DESCR. C45733 KTO06- BRIDGE INSPECTIONS OC3 FIELD INSPECTION 2 146 84 ' TOTAL KTO06- BRIDGE INSPECTIONS $2, 146. 84 M40805 KTO04- GARRISON CK@SE 212 } �Q , �1 2 8 B FISH EXCLUSION Lj ;y'l 29B STREAM BI- PASS _ 3 734. 60 ' 2 9 C STREAM RESTORATION So�s� 5' 378. 54Gc TOTAL KTO04- GARR I SON CK@SE 212 � $ 1 0, 073. 65 0K M2G KP E RPRS PROJECT MANAGEMENT I 232 2 1-A'`V9 ` 2C2 PROJECT SUPPORT 260. 55 1 202 T/ P- S IGN MAINTENANCE 212. 55CR 230 SQUARE CUT PATCHING 7, 946. 80 ' 258 GUARDRAIL REPAIR 2, 852. 39 2 6 B BMP- REMOVAL 3, 083. 71 260 STREET SWEEPING 0. 00 2 7 B INSTALL- BMP 819. 00 419 BRIDGE- RAILIWHEEL REPAIR 333. 87 421 BRIDGE- SUBSTRUCTURE REPAR 11 , 519. 42 47T SIGN FABRICATION INTERN 111 . 31 TOTAL KTO08- ROCK CK BRIDGE RPRS $26, 946. 71 ' TOTAL THIS INVOICE $39, 167. 20 * * * * * * ST TEMENT * ' PRIOR MONTH BALANCE $ 64, 220. 00 ADJUSTMENTS $0. 00 PAYMENTS $0. 00 CURRENT DELINQUENCY CHARGES $ 0. 00 UNPAID INVOICES 1422999 $62, 324. 14 ' 1414150 $1 , 895 . 86 TOTAL UNPAID $64, 220. 00 ' TOTAL AMOUNT DUE $103, 387. 20 Jr. R If I INr. 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D? 4 a ^N M M 0 r a 0 0 0^ n 0 0 2 a'nm U.Z-+ o O�OQOOOQO o ca 00000 O O 2 ' o000o r F- .+ - Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: 2007 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT— AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2007 King County Public Entity Services Contract. This contract provides for reimbursement of up to a seven-day supply of prescribed medications to defendants at the City of Kent Corrections Facility, and makes appropriate referral for mental health evaluation and other mental health services. The City of Kent Corrections Facility will be reimbursed on a cost basis The maximum reimbursement is determined by the total number of prescriptions authorized and delivered up to a total maximum funding of$10,000 for the period of iJanuary 1, 2007 through December 31, 2007. ' The agreement has been reviewed by the Law Department. - 3. EXHIBITS: King County Public Entity Services contract—2007 1 4. RECOMMENDED BY: Public Safety Committee 1/9/07 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT ' Expenditure9 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: Council Agenda Item No. 6J POLICE DEPARTMENT Steve Strachan, Chief of Police 400' K E • Phone 253-856-5888 N T Fax 253-856-6802 W PSMIx GTOx Address 220 Fourth Avenue S Kent, WA 98032-5895 ' DATE: January 9, 2007 TO: Public Safety Committee SUBJECT: King County Public Entity Services Contract- 2007 MOTION: I move to recommend that Council authorize the Kent Police Department to enter into a contract with King County for reimbursement of prescribed medications at the City of Kent Corrections Facility, place this item on the Consent Calendar of the January M, 2007 Council Meeting, and that the Mayor be authorized to sign said contract. SUMMARY: The purpose of this contract is to provide a means for reimbursement of up to a seven- day supply of medications prescribed to defendants exiting Jail for the purposes of relieving psychiatric symptoms, this includes medications to ameliorate the side effects of psychotropic medication, and make appropriate referral for mental health evaluation and other mental health services. The City of Kent Corrections Facility will be reimbursed on a cost basis The maximum reimbursement is determined by the total number of prescriptions authorized and delivered up to a total maximum funding of$10,000 for the period of January 1, 2007 through December 31, 2007. The agreement has been reviewed by the Law Department. ' EXHIBITS: King County Public Entity Services Contract—2007 ' BUDGET IMPACT: None. BACKGROUND: Public Safety Committee Subject King County Contract w/CKCF Date January 9,2007 King County Contract No. D37029D Federal Taxpayer ID No. 91-6001254 Department/Division Community and Human Services/Mental Health, Chemical Abuse and Dependency Services Division Agency Kent Police Department Project Title Criminal Justice/Jail Transition Services Contract Amount$ Fund Code 1120 Contract Period From: January 1, 2007 To December 31, 2007 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT -2007 THIS CONTRACT is entered into by KING COUNTY (the"County"), and Kent Police Department/City of Kent the"Agency"), whose address is 220 4t"Ave S , Kent, WA 98032. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES STATE (MH) $10,000 01/01/2007 to 12/31/2007 TOTAL $10,000 01/01/2007 to 12/31/2007 and WHEREAS,the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 15652, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows- This form is available in alternate formats upon request for persons with disabilities. CJ/MH Kent Poflce Department Page 1 of 17 2007 Contract I. EXHIBITS The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference. ® Certificates of Insurance/Endorsements Attached hereto as Exhibit I ® Jail Transition Services Attached hereto as Exhibit II 11. DURATION OF CONTRACT ' This Contract shall commence on the 1st day of January 2007, and shall terminate on the 31 st day of December 2007, unless extended or terminated earlier, pursuant to the terms and conditions of this Contract. 111. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits. B. The Agency shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports. The County shall initiate authorization for payment to the Agency not more than 30 days after a complete and accurate invoice and all outstanding reports are received and approved. C If the Agency's final invoice and reports are not submitted by the day specified in the attached Exhibit(s), the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. IV. OPERATING BUDGET The Agency shall apply the funds received from the County under this Contract in accordance with the budget, if included within an Exhibit The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories within an Exhibit is expected to exceed ten percent of the total Exhibit budget Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. V. INTERNAL CONTROL AND ACCOUNTING SYSTEM ' The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, financial and governmental reporting standards as prescribed by the appropriate accounting standards board. VI. MAINTENANCE OF RECORDS , A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed ' necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. CJ/MH Kent Police Department Page 2 of 17 2007 Contract ' B. These records shall be maintained for a period of six years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. 1 C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten working days of any such relocation. VII. AUDITS A. The Agency shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within 30 days of receipt. B. Additional federal and/or state audit or review requirements may be Imposed on the County, and the Agency shall be required to comply with any such requirements. Vill. EVALUATIONS AND INSPECTIONS A. The Agency shall provide right of access to its facilities, including those of any subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract The County shall give advance notice to the Agency in the case of fiscal audits to be conducted by the County. ' B. The records and documents with respect to all matters covered by this Contract shall be subject at all time to Inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six years after termination hereof, unless a longer retention period is required by law. 1 C. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. IX. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply: A. The County shall notify the Agency in writing of the nature of the breach; B. The Agency shall respond in writing no later than ten working days following receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; ' CJ/MH Kent Police Department Page 3 of 17 2007 Contract C. The County shall notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The County shall have sole discretion in determining the sufficiency of the Agency's corrective action plan; D. In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI.B; +� E. In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed, and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI. Subsections A, B, C, D, and E. X. ASSIGNMENT/SUBCONTRACTING A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent shall be sought in writing by the Agency not less than 15 days prior to the date of any proposed assignment or subcontract. B. °Subcontract" shall mean any agreement between the Agency and a subcontractor or , between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of: (1) support services not related to the subject matter of this Contract, or (2) supplies XI. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency 30 days advance written notice of the termination. B. The County may terminate this Contract, in whole or in part, upon seven days advance written notice in the event. (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract; and/or(2)the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection XI.B.(1), the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited , to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall immediately return to the County any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in this Contract and its attached Exhibits, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County shall be liable only for payment in accordance with the terms of this Contract for services CJ/MH Kent Police Department Page 4 of 17 2007 Contract rendered prior to the effective date of termination; and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract Should such appropriation not be approved, this 1 Contract shall terminate at the close of the current appropriation year. D. The Agency may terminate this Contract upon seven days written notice, should the 1 County commit any material breach of this Contract. E. This Contract may be terminated by the Agency without cause, prior to the date specified by providing the County 90 days advance written notice of the termination. I The Agency shall provide the County 90 days advance written notice of its intent not to renew this Contract, in whole or in part F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. XII. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent contractor, and neither it nor its officers, agents or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1)the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or(2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and shall repay the County all indicated amounts following an audit exception that occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents and/or representatives. 1 This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination sections 1 CJIMH Kent Police Department Page 5 of 17 2007 Contract C. The Agency shall protect, defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Agency agrees that ' its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any , Immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW In the event the County Incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions ' of this article, all such fees, expenses, and costs shall be recoverable from the Agency. D. The County shall protect, defend, Indemnify, and hold harmless the Agency, Its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, Its officers, employees, or agents. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency Incurs any judgment, award, and/or cost arising therefrom including attorneys'fees to enforce the provisions ' of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an Infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice F. To the extent that an Agency subcontractor falls to satisfy its obligation to defend and indemnify the County as detailed in Section XVII B. of this Contract, the Agency shall protect, defend, indemnify, and hold harmless the County, its officers, employees and agents from any and all costs, claims,judgments, and/or awards or damages arising out of, or In any way resulting from, the negligent act or omissions of the Agency's subcontractor, Its officers, employees, and/or agents In connection with or in support of ' this Contract. G. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. ' XIV. INSURANCE REQUIREMENTS A By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, Its agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Agency or subcontractor The Agency may furnish separate certificates of Insurance and policy endorsements for each subcontractor as evidence of compliance with the Insurance requirements of this Contract The Agency Is responsible for ensuring compliance with all of the Insurance requirements stated herein. Failure by the Agency, its agents, employees, officers and or subcontractors, to comply with the Insurance requirements stated herein shall constitute a material breach of this Contract CJ/MH Kent Police Department Page 6 of 17 2007 Contract For All Coverages- Each insurance policy shall be written on an "occurrence"form, except that insurance on a "claims made" form may be acceptable with prior County approval 1 If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made"form to an "occurrence" coverage form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract. The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage Nothing contained within these Insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which j coverage will apply to each Insured to the full extent provided by the terms and conditions of the policy(les). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. B. Minimum Scope of Insurance Coverage shall be at least as broad as the following: 1. General Liability: Insurance Services Office form number(CG 00 01) covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or Indirectly Involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care 3. Automobile Liability: ' In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Agency personnel in Agency- owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or"Other States" state law. CJ/MH Kent Police Department Page 7 of 17 2007 Contract 5. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap"endorsement to the , general liability policy. C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for: 1. If pursuant to this Contract, the Agency provides a mental health outpatient 1 treatment or non-treatment service, it shall maintain limits no less than, for: a. General Liability: $3,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies ■ with aggregate limits, a $3,000,000 aggregate limit. b. Professional Liability, Errors, and Omissions: $3.000,000 per claim and in , the aggregate. C. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage, unless Agency transports clients. If the Agency transports of clients as a function of this or any other service contract, the limit shall be no less than $3,000,000 combined single limit per accident for bodily injury and property damage If the Agency maintains a $1,000,000 limit, check the box and initial as indicated below ❑ Agency never transports clients under this or any service contract. (Initials of authorized agency representative. d. Workers' Compensation. Statutory requirements of the state of residency. e. Stop Gap/Employers Liability: $1,000,000. 2. If, pursuant to this Contract, the Agency provides a mental health inpatient service, it shall maintain limits no less than, for: a. General Liability: $5,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $5,000,000 aggregate limit. ' b. Professional Liability, Errors, and Omissions: $3,000,000 per claim and in the aggregate. C. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage, unless Agency transports clients If the Agency transports of clients as a function of this or any other service contract, the limit shall be no less than $3,000,000 combined single limit per accident for bodily injury and property damage. If the Agency maintains a $1,000,000 limit, check the box and initial as indicated below. ❑ Agency never transports clients under this or any service contract. (Initials of authorized agency representative CJ/MH Kent Police Department Page 8 of 17 2007 Contract d. Workers' Compensation: Statutory requirements of the state of residency. e. Stop Gap/Employers Liability $1,000,000. 3. If, pursuant to this Contract, the Agency provides alcohol and/or substance abuse treatment or non-treatment service, it shall maintain limits no less than, for: a. General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $1,000,000 aggregate limit. b Professional Liability, Errors, and Omissions: $1,000,000 per claim and in the aggregate. C. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. d. Workers' Compensation: Statutory requirements of the state of residency. e. Stop Gap/Employers Liability: $1,000,000. D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions. 1. Liability Policies Except Professional/Errors and Omissions and Workers Compensation. a. The County, its officers, officials, employees and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract. (CG 2010 11/85 or its' equivalent) b. The Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents Any insurance and/or self-insurance maintained by the County, its offices, officials, employees or agents shall not contribute with the Agency's insurance or benefit the Agency in any way. C. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. CJIMH Kent Police Department Page 9 of 17 2007 Contract 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after 45 days prior written notice has been given to the County. F. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with Insurers with i a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions Insurance may be placed with Insurers with a Bests' rating of B+VII. Any exception must be approved by the County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County,with appropriate certificates and endorsements, for approval. G. Verification of Coverage The Agency shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on Its behalf The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract The County reserves the right to require complete, certified copies of all required insurance policies at any time H. Subcontractors The Agency shall include all subcontractors as insureds under Its policies or shall require separate certificates of Insurance and policy endorsements from each subcontractor. If the Agency is relying on the Insurance coverages provided by subcontractors as evidence of compliance with the Insurance requirements of this Contract then such requirements and documentation shall be subject to all of the requirements stated herein. I. Municipal or State Agency Provisions ' If the Agency is a Municipal Corporation or an agency of the State of Washington and is self insured for any of the above Insurance requirements, a certification of self- j insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section Xv. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY i A. Nondiscrimination in Employment Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age,or the presence of any sensory, mental, or physical disability in CJ/MH Kent Police Department Page 10 of 17 2007 Contract the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract King County Codes Chapters 12 16 and 12 17 are incorporated herein by reference, and such requirements shall apply to this Contract. B. Nondiscrimination in Subcontracting Practices During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person C Compliance with Laws and Regulations tThe Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, KCC 12.17, RCW Chapter 49 60, Titles VI and VII of the Civil Rights Act of 1964, 42 U S C. 2000(a) et seq , the Americans with Disabilities Act, 42 U S.C. 12102 et seq., and the Restoration Act of 1987 The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. D. Small Business and Minority and Women Business Enterprise Opportunities The County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("MM/BEs") in County contracts The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs. 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities. 2. Placing all qualified small businesses attempting to do business in King County, including M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to these firms capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including M/WBEs 4. Establishing delivery schedules, where the requirements of this Contract permit, that encourage participation by small businesses, including M/WBEs. 5 Providing small businesses, including MM/BEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract. CJ/MH Kent Police Department Page 11 of 17 2007 Contract 6. Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including M/WBEs. 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs Contact OMWBE office at 360-753-9693 or on-line through the web site at www wsdot wa.govlomwbe/. E. Fair Employment Practices County Code Chapters 12 16 and 12 18 are incorporated by reference as if fully set ' forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. F. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least six years after completion of all work under this i Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any time, the site of the work and the Agency's office to ` review the foregoing records. The Agency shall provide every assistance requested by the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. G. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law. H. Reporting The Agency shall complete all reports and forms provided by the County and shall otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. , CJIMH Kent Police Department Page 12 of 17 2007 Contract XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA) The Agency has completed a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and has evaluated Its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, 29 U S C 701 et seq as amended ("504") and the American Disabilities Act, 42 U S.0 12102 et seq The Agency has completed, attached as an exhibit to this Contract, and incorporated herein by reference a 504/ADA Assurance of Compliance. I XVIL SUBCONTRACTS AND PURCHASES A. The Agency shall include the above Sections IV, V, VI, VII, Vill, XII, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement for services which relate to the subject matter of this Contract B. The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: I "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, Its officers, employees, and/or agents in connection with or in support of this Contract Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an ' action against subcontractor to enforce the provisions of this paragraph " XVIII. CONFLICT OF INTEREST A. The Agency agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with any requirement of KCC Chapter 3 04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section XI and subject the Agency to the remedies stated therein, or otherwise available to the County at law or in equity B. The Agency agrees, pursuant to KCC 3 04.060, that it will not willfully attempt to secure preferential treatment In Its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee The Agency acknowledges that if it is found to have violated the prohibition found In this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C. The Agency acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Agency shall identify, at the time of offer, current or former County employees involved in the preparation of proposals or the anticipated performance of work if awarded the Contract. Failure to identify current or former County employees Involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Agency is responsible for notifying the County's project manager of current or former County CJ/MH Kent Police Department Page 13 of 17 2007 Contract employees who may become involved in the Contract any time during the term of the Contract. XIX. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. The Agency agrees that equipment purchased with Contract funds at a cost of$5,000 ' per item or more and identified in an exhibit as reimbursable Is upon Its purchase or receipt the property of the Agency, County, andfor federal, andfor state government, as specified in the exhibit B. The Agency shall be responsible for all such equipment, including the proper care and maintenance. C. The Agency shall ensure that all such equipment shall be retumed to the appropriate government agency, whether federal, state or county, upon written request of the County. D. The Agency shall admit County staff to the Agency's premises for the purpose of marking such property with appropriate government property tags. E. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, Invoices, receipts) of equipment purchased with Contract identified funds. XXI. NOTICES Whenever this Contract requires that notice be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the chief executive officer of the Agency and the director of the County department specified on page one of this Contract. Any time, within which a party must take some action, shall be computed from the date that the notice Is received by said party. XXII. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use In the performance of this Contract. CJ/MH Kent Police Department Page 14 of 17 2007 Contract The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of this Contract. XXIII. CONTRACT AMENDMENTS Either party may request changes to this Contract Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15 percent higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXV. ENTIRE CONTRACTMAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Contract Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of Washington, rules and regulations promulgated thereunder, and the DSHS and County Agreement on General Terms and Conditions between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event of a conflict between any of the language contained in any exhibit or any attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXVIL CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. CJ/MH Kent Police Department Page 15 of 17 2007 Contract XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTBILITY ACT OF 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164 , A. Obligations and Activities of the Agency 1. The Agency agrees not to use or disclose protected health information other than as permitted or required by law. 2. The Agency agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health Information that it creates, receives, maintains, or transmits on behalf of the County as required by 45 CFR Part 164, Subpart C. 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protected health information by the Agency in violation of the requirements of this Contract. 4. The Agency agrees to report all unauthorized or otherwise improper disclosures of protected health information or security Incident, to the County within two days of the Agency's knowledge of such event. 5. The Agency agrees to ensure that any agent, Including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. 6. The Agency agrees to make available protected health information in accordance with 45 CFR§ 164.524. 7. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526. 8. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County compliance with the privacy rule. 9. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 164.528. B. Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. CJ/MH Kent Police Department Page 16 of 17 2007 Contract C. Effect of Termination 1. Except as provided in paragraph C.2 of this section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health Information received from King County, or created or received by the Agency on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. 2. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, 1 the Agency shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. 1 XXIX. DISPUTE RESOLUTION Agency disputes pertaining to County decisions regarding contract compliance issues shall be made in writing to the Division Manager of Mental Health, Chemical Abuse and Dependency Services Division (MHCADSD). The written dispute shall include the decision being questioned and the point on which the dispute is made. The Division Manager will make a determination decision and respond in writing to the Agency within 30 calendar days of receipt If the Agency wishes to appeal the Division Manager decision, an additional letter indicating all points of the dispute resolution process to date shall be sent to the Division Manager who will forward the letter with comments to the Department of Community and Human Services Director. The Department Director will make a determination decision and respond in writing to the Agency within 30 calendar days of receipt. KING COUNTY KENT POLICE DEPARTMENT FOR King County Executive Signature Date NAME (Please type or print) Date Approved by DCHS Director Approved as to Form OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY September 26,2007 CJ/MH Kent Police Department Page 17 of 17 2007 Contract EXHIBIT II KENT POLICE DEPARTMENT DEFENDANT JAIL TRANSITION AND PSYCHOTROPIC MEDICATION SERVICES I. WORK STATEMENT The Agency shall provide up to a seven-day supply of medications prescribed to defendants exiting jail for the purposes of relieving psychiatric symptoms, including medications to ameliorate the side effects of psychotroplc medication, and make appropriate referrals for mental health evaluation and other mental health services. Funding The Agency shall be reimbursed on an actual cost basis plus nine and nine-tenths percent administration fee per month. The maximum reimbursement is determined by the total number of prescriptions authorized and delivered plus the administration fee up to a total maximum funding of$10,000 for the period of January 1, 2007 through December 31, 2007. II. PROGRAM DESCRIPTION A. Goal 1. To assure the availability of developmental and behavioral health care so that vulnerable populations can be as physically and mentally fit as possible. I 2. To ensure that eligible Medicaid recipients, and non-Medicaid persons receive easily accessible, acceptable, culturally relevant, coordinated, comprehensive, and quality mental health services. B. Objectives 1. To cover the costs for up to a seven-day supply of medications prescribed to defendants exiting jail for the purposes of relieving psychiatric symptoms, including medications to ameliorate the side effects of psychotroplc medication. 2. To provide data that will allow the analysis of client and program outcomes of providing the additional medications and linkage of appropriate clients to the Jail Transition Services program operated by Seattle Mental Health (SMH). I 3. To ensure that active engagement, treatment, and discharge planning occurs during incarceration or detention. C. Eligibility 1. Eligibility for up to a seven-day supply of medications upon release includes adults who have an annual income of not more than 200 percent of federal poverty level and who: a. Have an Axis 1 major mental disorder that is ongoing and that interferes with age- appropriate social and role functioning, and b. Received psychotroplc medication, including medications to ameliorate the side effects of psychotropic medication, from authorized medical staff in the jail prior to release from custody. CJ/MH—Kent Police Department Page 1 of 4 2007 Contract—Exhibit 11 2. Eligibility for referral to the Jail Transition Services program Includes adults who have an annual income of not more than 200 percent of federal poverty level and who: a. Are being released from custody at the Kent Municipal Jail; b. Have a history of two or more incarcerations in King County, including the current j incarceration; c. Have an Axis I major mental disorder that is ongoing and that interferes with age- appropriate social and role functioning, and an active substance-related disorder that is ongoing; d. Are not enrolled in outpatient tier services provided through the King County Mental Health Plan nor engaged in outpatient chemical dependency treatment services, excluding opiate substitution treatment; e. Are residents of King County or are homeless; f. Are referred by a representative of the court; and g. Agree to participate in the program. 3. Clients who are not eligible for the Jail Transition Services program and should not be referred include: a Defendants whose current charges include a sex offense or arson; b. Defendants whose felony criminal history or registration status (regardless of current charges) includes arson or Level III Sex Offender, respectively. 4. Level II Sex Offender cases must be reviewed and approved by the Criminal Justice Initiative Program Manager prior to Jail Transition Services program placement D Definitions 1. Axis 1 major mental disorder a mental disorder as defined by the Diagnostic and Statistical Manual fourth edition or as revised, that is ongoing and interferes with age- appropriate social and role functioning. 2. Defendant: an individual incarcerated in a municipal jail awaiting adjudication and release 3. Medicaid Recipient: an individual who is currently enrolled in the Medicaid program, as shown on the medical identification card. 4. Non-Medicaid Client: individuals who do not hold a valid card showing they meet Medicaid eligibility requirements Mental health services will be available to non- Medicaid persons as resources permit. 5. Psychotropic Medications: medications provided by a licensed physician, pharmacist or medical practitioner for the purpose of reducing psychiatric symptoms or the side effects of medications prescribed to reduce psychiatric symptoms. CJ/MH—Kent Police Department Page 2 of 4 2007 Contract—Exhibit 11 i E General Program Requirements 1. The Agency shall provide services under this Exhibit in compliance with 42 Code of Federal Regulations (CFR) Part 438 Balanced Budget Act (BBA); 45 CFR Health Insurance Portability and Accountability Act (HIPAA) Parts 160 and 164; and Washington Administrative Code (WAC) 246-869-080. 2. The Agency shall be solely responsible for compliance with generally accepted professional and ethical standards and for the quality of the services performed. All duties performed by the Agency shall be consistent with the applicable requirements of all formal bodies, governmental or otherwise, to which the Agency and its clinicians are subject with respect to licensing, certification, registration, and/or accreditation. F. Program Specific Requirements 1. The Agency shall: a. Assess defendants incarcerated at the Kent Municipal Jail for program eligibility; b. Provide up to a seven-day supply of medications prescribed to defendants exiting jail for the purposes of relieving psychiatric symptoms; this includes medications to ameliorate the side effects of psychotropic medication, depending on funding availability; c. Provide program and participant data as requested by King County Mental Health, Chemical Abuse and Dependency Services Division (MHCADSD); d. Provide a referral to SMH's Jail Transition Services program, called Project START, prior to the eligible defendant's release from jail e. Retain complete responsibility for and control of its practice and the practice of clinicians under its employ or contract, and f. Conduct its practice in accordance with its own best clinical judgment and discretion 2. The Agency shall work with the County to collaborate with the justice system liaisons, court staff, and SMH in arranging for services to persons referred by the jail. III. COMPENSATION AND METHOD OF PAYMENT Method of Payment A. Reimbursement shall be provided monthly on an actual cost reimbursement basis of the medications purchased plus nine and nine-tenths percent administration fee up to $10,000 which is the maximum amount agreed upon in this Exhibit. B. Payment shall be made monthly subject to performance requirements being met, and upon submission of a billing invoice and any reporting requirements as specified in this Exhibit. CJ/MH—Kent Police Department Page 3 of 4 2007 Contract—Exhibit 11 IV. REPORTING REQUIREMENTS A. The Agency will provide the County with monthly expenditure reports and service volumes due within 15 days after the end of each month, except at the end of the calendar year, the end of the state fiscal year, the end of the federal fiscal year, and the end of the state biennium, when an earlier due date may be required. B. The Agency will provide monthly data in a format mutually agreed upon by the Agency and the County for the following data elements: Data Element Descri tion First Name First Name Middle Name Middle Name Last Name Last Name DOB Birth date Gender M Male F Female Ethnicity W White N American Indian or Alaska Native A Asian B Black, African American H General Hispanic(if data available) Social Security Number Social Security Number (if Known) Jail Name of Jail Court Name of court of limited jurisdiction Court Case Number Cause Number Booking Date Date consumer was booked in tail Exit date Date consumer was released from jail Medication cost Cost of medications provided at discharge 7 days Rx? Y Yes, 7 day s medication supply rovided at release N No, less than 7 days supply provided at release Referred to COD Was consumer referred to co-occurring disorders treatment treatment? upon release? Yes or No Was a COD intake completed in the jail prior to release to Intake completed in jail? treatment? Yes or No) Referred out to Which Name of community-based agency to which the consumer Agency? was referred upon release CJIMH—Kent Police Department Page 4 of 4 2007 Contract—Exhibit 11 Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: KENT SENIOR CENTER ADDITIONS AND UPGRADES — ACCEPT AS COMPLETE 2 SUMMARY STATEMENT: Accept the Kent Senior Center Additions and Upgrades Project as complete upon standard releases from the State and release of any liens, if filed. Construction services for the Kent Senior Center Additions and Upgrades Project were provided by Flag Construction. The project was inspected and approved by the project manager on December 29, 2006 3. EXHIBITS: Letter of acceptance i4. RECOMMENDED BY: Parks 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. 6K KEN T WASH INGTON +d. PARKS,RECREATION& coMMuNrrY sERvK;Es December 26, 2006 - John Hodgson, Diredor, FACIUTIES. MANAGEMENT ' . Charles Lindsey, Superintendent, Richard Schnell Mailing Address ; Construction 220 Fourth Ave.S. Flag Kent,WA 98032-5895_ PO Box 6579 Location Address Kent, Washington 98064 400 West Gowe Kent,Washington' Phone:25"56-5080 RE: Kent Senior Center Additions and Upgrades Fax:253-856-6080 Dear Richard: I made a final inspection of the Kent Senior Center Additions and Upgrades Project and found that the project is completed to my satisfaction. This final acceptance of the public works project effective as of letter serves as fi p p P J December 26, 2006. The one-year warranty period will remain in effect through December 26, 2007. Please make sure that all necessary State documents have been completed and filed. If you have any questions,please call me at(253)856-5081. ,. Sinc Charlie Lin , Superinte t Parks Facilities C: Jeff Watling, Parks Director Recreation& Community Services Pam Baum, Project Accountant CL/rg Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: KENT TRANSIT CENTER IMPROVEMENTS/PIONEER STREET ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Kent Transit Center Improvement project as complete and release the retamage to Vetch Construction upon standard releases from the state and release of any hens The original amount was $111,722.20. The final contract amount was $114,344.78 Adequate funds exist within the project budget to cover this overage. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? S 114,384.32 Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6L Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1. SUBJECT: RESOLUTION REGARDING OFFICIAL NEWSPAPER—ADOPT 0 2. SUMMARY STATEMENT: Adopt Resolution No. which designates The Seattle Tames as the official newspaper for the City of Kent, effective January 22, 2007. In 1985, the Kent City Council adopted Resolution No. 1067 and designated the Daily News Journal, now known as the King County Journal, as the City's official newspaper. However, the owners of the King County Journal announced they will discontinue the newspaper's publication as of January 21, 2007. RCW 35A.21 230 requires each code city to designate by resolution an official newspaper of general circulation within the City. This resolution will proceed before the Operations Committee the same night it is presented to the full council for consideration in order to re-designate the City's official tnewspaper before the King County Journal closes. Should the resolution not unanimously pass out of committee, it will be pulled from the Consent Calendar and placed on Other Business 3. EXHIBITS: Resolution and letter from King County Journal 1/4/07 4. RECOMMENDED BY: Staff (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 1��� LL' moves, Councilmember seconds DISCUSSION: 0 ACTION: Council Agenda �C Item No. 6M I RESOLUTION NO. 1 A RESOLUTION of the city council of the city of Kent, Washington, designating The Seattle Times as the city's official newspaper, effective January 22, 2007. RECITALS A. RCW 35A.21.230 provides that each code city shall designate by resolution an official newspaper of general circulation within the city which shall have the qualifications prescribed by ch. 65.16 RCW. The qualifications required by ch. 65 16 RCW include that the newspaper is to be published regularly and at ' least once per week, must be published in English, must be in general circulation within the city for at least six (6) months, shall include news of general interest, shall have a policy to print all statutorily required legal notices, and shall hold a periodical class mailing permit. B. By its adoption of Resolution No. 1067 on August 5, 1985, the city of Kent designated the Daily News Journal, now known as the King County Journal, as the city's official newspaper. However, the King County Journal was recently purchased and the owners have decided to discontinue its publication as of Sunday, January 21, 2007. Accordingly it is now necessary for the city of Kent to designate another newspaper as its official newspaper. C. In order to reach the widest audience, it is appropriate for the city of Kent to designate The Seattle Times as the city's official newspaper, which meets the qualification requirements set by ch. 65.16 RCW. 1 Official Newspaper- Designation of The Seattle Times NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Official Newspaper. In light of the cessation of regular publications by the King County Journal, the Kent City Council designates The Seattle Times as the official newspaper for the city of Kent effective January 22, 2007. While The Seattle Times is designated as the city's official newspaper, it shall not serve as the city's only newspaper for published notice. The city of Kent reserves the right to use other newspapers of general circulation in place of or in addition to The Seattle Times as the city deems appropriate and as authorized by law. SECTION 2. - Severabilitv. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of January, 2007. CONCURRED in by the mayor of the city of Kent this day of January, 2007. SUZETTE COOKE, MAYOR 2 Official Newspaper- Designation of The Seattle Times ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of January, 2007. BRENDA JACOBER, CITY CLERK � i � 1 1 3 Official Newspaper- Designation of The Seattle Times 9220 JKING COUNTY o urna1,IAM 0 5 2006 January 4, 2007 Kent City/Attomey 400 W Gowe St Kent, WA 98032-6019 Dear Kent City/Attorney, As you doubtless know, the daily King County Journal newspaper has experienced rough times economically in recent years Despite the best efforts of the previous owner and the new owner, the decision has been made to discontinue publication of the King County Journal as of Sunday, January 21, 2007 We deeply regret the closing of the King County Joumal, which has covered the Eastside and I South County long and well, and we thank you for subscribing to it As of January 21, 2007, your prepaid subscription amount will be $113 05 In recognition of your loyalty, we are giving you double that amount, or $226.10, In Classified advertising in any or all of our other publications_ Those publications are the Auburn Reporter, Bellevue Reporter, Redmond Reporter, Covington/Maple Valley Reporter, Renton Reporter, and Kent Reporter, which will increase to twice a week, on Wednesdays and Saturdays, starting January 24, and the Bothell/Kenmore Reporter, which will become a weekly on the same day They will be delivered free of charge to homes in those communities. The Mercer Island Reporter and Snoqualmie Valley Record will remain weeklies All these newspapers are truly devoted to covering the people and news in their communities Our classified ads include Real Estate & Rentals, Employment, Professional & Home Services, Automotive, Garage Sales, Pets and Merchandise This offer is good until December 31, 2007. To redeem this offer, please call our classified department at 425 455 2525 or 253 872 6620, Monday—Friday from 7 30 am—6 pm, and give this code 61005817. Sincerely yours, Don Kendall General Manager King County Publications Ltd. Kent City Council Meeting Date January 16, 2007 Category Consent Calendar 1, SUBJECT: SHANNON & WILSON INC. CONTRACT AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Shannon & Wilson Contact Agreement for Peer Review of Wetland Projects for 2007 in the amount of $45,000, subject to review and approval of the final terms and conditions by the City Attorney. I 3. EXHIBITS: Public Works memorandum and contract 4. RECOMMENDED BY: Public Works (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: Council Agenda Item No 6N PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • ' KENT Phone: 253-856-5500 W.s P� TON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 3, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date- January 8, 2007 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject. Consultant Contract Agreement Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the Shannon & Wilson, Inc. Contract Agreement for Peer Review of Wetland Projects for 2007 in the amount of $45,000. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: i Background/History: Shannon & Wilson, Inc. has provided peer review and consultation of special wetland projects and wetland code violations These projects have continued from 2006 and funding is required to extend the consultant services into 2007 to complete the projects. Summary: The consultant contract agreement for Shannon & Wilson Inc., in the amount of $45,000 is for peer review and consultation on pending wetland projects and wetland code violations. Recommendations: Recommend authorization for the Mayor to sign the consultant contract agreement. l P'PabGclAdmm$apIPWC..,ti.eL4,1,onPage doc O� KET[ Ww5HIN6TON OFT between the City of Kent and Shannon & Wilson, Inc. ' THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and S haimon & Wilson, Inc organized u nder t he laws of the State of Washington, Located and doing business at 400 North 34th Street, Suite 100/PO Box 300303, Seattle, Washington 9S103, n1, r�nzl 53�-8029,`F'ax. (206) 633-6777, Contact- Katie Walter(hereinafter the "Consultant"). J IlVlle. I�VV i. x � �D SC IP F' O OF[ 1 Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide on-call peer review services for wetland projects for 2007. For a detailed description, see the Scope of Woik which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be perfonmed 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 December 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Five Thousand Dollars ($45,000.00) for the services described in ibis 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 portion of the invoice not in dispute. In that event,the parties will i rnmediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 (Over.$10,000) 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 „Pfnr,,,- an r ce- arc] details of its work, the Ctty being interested only in the results obtained under this o n Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this, Agreement. After tern nation, 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. DISCPJM1NATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any petson 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 perforin the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 424.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting front 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 Lite extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE Cv"iSULTA1:T'S `Ji' 1VER 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. 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. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS ANTI) 11OL JI1 11 Originat V 4lttliI 110, 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. Co„sultU nt 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 prolect shall be without liability or legal exposure to Consultant. XL CITY'S RIGHT OF I NSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the werk authorized under this Agreement, t he w ork in it,,;t in eet t he a pproval o f t he C ity and s hall b e subject t o t he C ity's general r ight o f inspection to secure satisfactory completion. XH. 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 shah utilize all protection necessary for that purpose. Al! vrarlc small 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 relinqutshunent of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Dilutes and Governing Law. This Agreement shall be govemed 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 bt7mlging such claim or lawsuit, in addition to any other rel.oVeiy or award ]�r0`vlded by law; 'p-o—ded, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If tine non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Enure Agreement. The written provisions and terns 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 folmvng a part of or altering in any mananer this Agreement. All of the above documents are tier,-by n lade a part oC this Agreement However, should any language in any of the Exhibits to this Agreement conthet with any language contained in this Agreement, the terns of this Agreement shall prevail. 11 H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, toles, 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: (srgnnnn e) (Signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (7rde) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: I CONSULTANT: CITY OF KENT: Katie Walter Larry R. Blanchard Shannon&Wilson, Inc. City of Kent PO Box 300303 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 632-8020 (telephone) (253) 856-5500 (telephone) (206) 633-6777 (facsinle (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Shannon&Wilson-2007 Wetland RevrewBartelt CONSULTANT SERVICES AGREEMENT-4 (Over S/0,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPOKT U114I T Y 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 wah 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 w;ilRdl} innarelaeset�ts tl:einselces .with regard to the directives outlines, it mill be considered a breach of contract and it will be at the City's sole detenninahon regarding suspension or termination for all or part of the Agreement, The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin, age,or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1, 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 Prinie Contractor, that the Prime Contractor complied with the requirements as set lorth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Tin; 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 affimnative 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 requnements shall be considered in breach of contract and subject to suspension or termination for all or pail 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 3E Q,,U L EMPLOYMI ENTOPPOI?T1 N1'1'Y C0-TYIPLIANCE, S I ATEi4Eiv T This form shall be filled out AFUR COMPLETION of this project by the Contractor awarded the Agreement. ?, the undersigned, a duly represented agent of —Company, hereby acknowledge and declare fiat the be bre-mentioned coMpany was the prune contractor for the Agreement 'mown as that was entered into on the (date) , between the firin I represent and the City of Kent. II 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: I1 EEO COMPLIANCE DOCUMENTS-3 FXHVBIT 'A' CITY OF KENT PEER tRi+,v IEW OF WETLAND" PROJECTS SCOPE OF WORK I. Overview: The City of Kent Public Works Department, Envirotnnental Engineenng Section, has established an on-call consultant services contract with (Consultant) for review and consultation of wetland projects in the City of Kent. The agreement is based on time and materials to complete the following tasks. U. Review of Welland Delineation Reports: After receipt of the submitted wetland delineation report, (including associated survey maps and plans for proposed deveiopnrent) from the City, the Consultant shall review the wetland report for validity and accuracy with respect to current field conditions on the property (and adjacent properties that may affect the subject property via hydrology, buffers, etc_) based on the Consultant's field assessment of the entire site (and adjoining properties as appropnate). The Consultant shall take samples (soil pits) as necessary to adequately review soil and hydrology data contained in the wetland report. Where discrepancies arise in the delineation of the wetland boundary, the area(s) shall be field staked and marked appropriately. Should further infonnation be necessary (ex. reflagging, location of soil pits, additional report copies, etc.) to complete the review, the Consultant shall contact and coordinate with the; owner/developer's biologist directly, and coordinate/communicate with the Environmental Engineering Section as necessary. Review shall be consistent with Kent City Code Chapter 11.06 Critical Areas Ordinance. The final product shall be a letter report submitted to the City within approximately two weeks time detailing any deficiencies and/or inaccuracies in the wetland report, a cntrque of the wetland report conclusions regarding the wetland classification and any proposed conceptual mitigation, as well as discussion of any pertinent ecological or regulatory issues pertaining to the site, such as sensitive species occurrence on or near the site, Corps of Engineers guidance/regulations o f relevance, etc. The consultant shall e oordinate as necessary with the City and developer/owner's engineer regarding the stonnwater management design for the site and maintenance or establislnnent of wetland hydrology for any created, enhanced or preserved wetlands. Specific references shall be made to Kent's Critical Areas Ordinance regulations as they relate to the proposed development. This letter report shall be sent to the developer/owner by the City i I iIn some cases, the first submittal may not be accurate, based on the consultant's review. In this ease, the consultant shall coordinate as necessary with ail involved parties to arrive at a scientifically-accurate conclusion The approval of the final wetland repoit shall reference the specific date of the report and inap(s) and include three consultant-signed copies of the final approved report and map(s). Products: 1) Memo/faxle-mail checklist toCityeonfiraing application packageiscomplete, noting which information is lacking (within 3 working days of packaoc receipt from City), or advising the City that wetland flags are missing, or other incomplete item 2) Summary letter report to City detailing the review comments for time -wetland delineation report, and if inaccurate, the specific deficiencies and/or inaccuracies (within approximateiy ucna Ilux-n recolpt of reFo;71,, ;rvn:C;I'A 1QI. Review of Wetland Mitigation Plans: After City approval of the wetland boundaries and receipt of two copies of the submitted draft wetland mitigation plan for the proposed development (including plan sheets suitable for construction) front the City, the Consultant shall review the mitigation plan to ensure compliance with Kent's wetland managenent regulations, policies and interpretations, for example required mitigation ratios, "on-site" requirements for created wetland and buffers, buffer averaging calculations (if appropriate), preferred nmtigation sequence, planting densities and sizes, constructability, no net wetland loss, wildlife use potential, fencing/signage, three year monitoring plans, wetland maintenance bonding, etc The consultant shall coordinate as necessary with the City and developer/owner's engineer regarding the storitmwater management design for the site and maintenance or establtshment of wetland hydrology for any created, enhanced or preserved wetlands Should further information be necessary to complete the ' review, the Consultant shall contact and coordinate with the owner/developer's biologist directly, and coordinate/communicate with the Environmental Engineering Section as necessary. The final product shall be a letter report submitted to the City within approximately two weeks providing a critique of the plan with specific reference to replacement of impacted or lost functici� (hydrology, water yi:ality, w;ldtife habitat, etc.). This letter report shall be sent to the developer/owner by the City. In some cases, the first submittal may not be accurate, based on the consultant's review. In this case, the consultant shall coordinate as necessary with all involved parties to arrive at a scientifically-accurate conclusion. The approval letter of the final mitigation plan and drawings shall reference the specific date of the plan and drawing(s). All approved wetland mitigation plan sheets are attached to the approved constriction plans for the development site, so that contractors have all information needed in the same plan set. It shall be the Consultant's responsibility to ensure that all information (sections, details, planting tables, construction sequence, special notes, bond amounts, etc.) needed to construct the project is contained on the final approved mitigation plan. Products: 11 Men,o/fax/e-wail e hecklist to C ity c ontilaning application p ackage i s c o;npletc, nottnor which information is lacking (within 3 woiking days of package receipt froin City). 2) Summary letter report to City detailing the review comments for the wetland mitigation plan, and if inaccurate, the specific deficiencies and/or inaccuracies (within approximately-2 weeks of receipt of wetland reports from the Ci(y). Mitigation Project Inspection and Monitoring: For those projects involving wetland mitigation, specifically wetland creations, wetland enhancenl;,ni, a d bulff-t er�sii��i� cl�hailcement, the consultant slialt attend a field walk-thru inspection upon completion of work by the contractor and develop a punch list of required work or a no further action deternnnaboll as appioNrxaie. l:;.eed,d, ara it U'. Iir�--ct tip fi�irl the City, a second walk-thru inspection to verify completion of any punch list items from the first inspection. The final product(s) shall be the consultant-signed final punch list for the project and/or a stamped a3-built drawing verifying that all work has been completed satisfactorily Annual monitoring reports for wetland mitigation projects shall be reviewed for completeness and accuracy. Consultant shall snake written recommendations to the City as appropriate to meet project goals. Products: 1) Memo/fax/e-mail checklist to City confirming acceptance of constructed project per approved plans, or letter to City containing "punch list" of deficiencies and i required actions. 2) Summary letter report to City concluding acceptance of constructed project after confirmed completion of punch list items. IV. Miscellaneous Project Coordination: For all wetland projects, it may be necessary at specific times during permit review to answer phone calls from the C ity regarding a specific project, attend sp ecial meetings and/or #^ discuss werla,,d-,-Irmort-related tonics, and perform other duties as assigned that are not covered under previous scope items. Products/Record Keeping: ' 1) Correspondence notes with applicant and/or applicant's consultant 2) Meeting notes from meetings requested by the City 3) Notes, memos, etc as requested by City for requested services r SHANNON & WILSON, INC. Attachment to and part of our Proposal• r Geotechnical and Environmental Consultants January 3,2007 — Date To- Re ' STANDARD GENERAL TERMS AND CONDITIONS (ALL PURPOSE ARTICLE 1 —SERVICES OF SHANNON&WILSON r Shannon&Wilson's scope of work(Woi k)shall be(muted to those services expressly set forth in its Proposal and is subject to the terms and conditions set forth herein Shannon&Wilson shall procure and maintain all business and professional licenses and registrations necessary to provide its services Upon Client's request (and for additional wmpeusatimn,if not already included in Shannon& Wilson's Proposal),Shannon&Wilson shall assist Client in attempting to obtain,or on behalf of Client and in Client's name attempt to obtain,those pemuis and approvals required for the protect for which Shannon&Wilson s services are been,rendered Client acknowledges,depending on field conditions encountered and subsurface conditions discovered,the number and location of borings,the numbet and type of field and laboratory tests,and other similat items,as deemed necessary by Shannon&Wilson in the exercise of due care,may need to be increased or decreased;ifsuch modifications are approved by Client.Shannon&Wilson's'compensation and schedule sballbe equitably adjusted if conditions actually encountered at the project site differ maleridlly from those repicscntW by Client andla shown or nndicaled in the contrati docunnents,or ' are of an unusual nature which mater ally differ from those ordinarily encountered and generally recognized as inherent for the locality and character of the services provided for in Shannon&Wilson's scope of work,Shannon&Wilson's compensation and schedule shall be equtabl7 adjusted Without increasing the scope of work,price,or schedule contained in Shannon&Wilson's Proposal,Shannon&Wilson may employ such subcontractors as Shannon&Wdson deems necessary ba assist tin ftrrmshung its services If Shannon&Wdson's scope of work is increased or decreased by Client,Shannon&Wilson's compensaton and schedule shall be equitably adjusted ARTICLE 2—FEES AND EXPENSES FOR RENDERING SERVICES ' Pees for Shannon & Wilson's services are based on the actual time expended on the project,including travel,by our personnel and will be computed by nnuluplying the actual numbei of hours worked times the follov ing rates Enna/Geol/Hydro/Environ/Risk Assess. Overtime Officer 195 00 Scrum Principal 12500 Sr Technician/Drafter 9200 10700 Sr Staff Consultant 175 00 pi mcipal 11500 Technician/Drafter IV 7000 8100 Staff Consultant 150 00 Senior 10000 lechmeranlDrallei 111 6300 7500 Senior Associate 155 00 Category iV 90.00 Clet teal 6800 8000 ' Associate 13500 Category 111 8200 Technician/Drafter 11 5700 6800 Category 11 7300 Technician/Drafter I 4800 6000 Category 1 6400 SPECIAL SERVICES ComputerAnalyst 11000 Info Resources Spec, 9100 These rates are for the 2006 calendar year At the end of each calendar year,our rates will be adjusted for the next calendar year The hourly rates for the services of our staff will be doubled for lime spent actually providing expert testimony ' REIMBURSABLE EXPENSES Expenses other than salary costs that are directly attributable to our professional services will be invoiced at our cost plus 15 percent Examples include,but are not limited to,expenses for out-or--town travel and living,information processing equipment,instrumentation and field equipment rental,special fees and r permits,premiums for additional or special insurance where required,long distance telephone charges,local mileage and parking,use of rental vehicles,taxi, reproduction,local and out of-town delivery service,express mail,photographs,film,laboratory equipment fees,shipping charges and supplies ARTICLE 3—TIMES FOR RENDERING SERVICES Shannon&Wilson shall pet form its services in accordance with the schedule set forth in its Proposal If Shannon&Wilson's Proposal sets forth specific periods of time for rendering services,or specific dates by which services are to be completed,and such periods of time or dates are extended or delayed through no fault of Shannon&Wilson,Shannon&Wilson's compensation and schedule shall be equitably ' adjusted If Shannon&Wilson's schedule is increased or decreaed by Client,Shannon&Wilson's compensation Mall be equitably adjusted ARTICLE 4—PAYMENTS TO SHANNON&WILSON In%mces shall be prepared in accordance with Shannon& Wilson's standard invoicing practices and shall be submitted to Client by Shannon & Wilson monthly The amount billed in each invoice shall be calculated as set forth in Shannon&Wilson's Proposal Unless Shannon&Wilson's Proposal contains a fixed jump-sum price,Shannon& Wilson's actual fees may exceed die estimate contained in its Proposal r Shannon & Wilson shall not exceed the estimate contained in its Proposal by more than ten percent(10%) without the prior written consent of Client, SEA-Gff-2007 Page 1 of 6 (112007) SI1FANN,,-JN &rJ'itILS€N, ,l " I provided however,unless the Chent authonzes additional funds in excess of the estimate contained m Shannon&Wilson is Proposal,Shannon&Wilson shall have no obligation to continue work on the project ' Invoices are due and payable within 30 days of receipt If Client fails to pay Shannon & Wilson's invoice within 30 days after receipt, the amounts due Shannon&Wilson shall accrue interest at the rate of one and one-half percent(l 5%)per month(or the maximum rate of interest permitted by law,if less) alter the 30"day In addition,Shannon& Wilson may,after gwmg seven (7)days wrntcn notice to Client,suspend services under this Agreement until ' Shannon&Wilson has been paid in fi ll If Client disputes Shannon&Wdsm's invoice,only the disputed portion(s)may be withheld from papnent,and the undisputed portion(s)shall be paid. Records of Shannon&Wilson's direct and indirect costs and expenses pertinent to its compensation under this Agreement shall be kept in accordance with , generally accepted accounting practices and applicable federal,state,or local laws and regulations Upon request,such records shall be made available to Client for inspection on Shannon&Wilson's premises and copies provided to Client at cost ARTICLE 5—CLIENT'S RESPONSIBILITIES ' Client shall grant or obtain free access to the project site for all equipment and personnel necessary for Shannm&Wilson to perform its services ARTICLE 6—STANDARD OF CARE/ABSENCE OF WARRANTIES/NO RESPONSIBILITY FOR SITE SAFETY OR ' CONTRACTOR'S PERFORMANCE Standard of Care The standard of care for all professional services performed or furnished by Shannon&Wilson under this Agreement shall he the skill and care ordinarily exercised by other membei s of Shannon&Wilson's profession,providing the same or similar services,under the same or snmlar circumstances,at the same ' time and locality as the sen ices were provided by Shannon&Wilson The construction,alteration,or iepav of any object or structure by Shannon&Wdson shall be performed in a good and woikmanlike manner in accoidance with general industry standards,and confomr to this Agreement Shannon&Wilson warrants for one (1) year from substantial completion of the Work, all goods delivered hereunder shall be new and free from defects in material or workmanship, and shall conform to the specifications, drawings, or sample(s) specified m furnished, of any, and shall be merchantable and fit for their ' intended purpose(s) Shannon&Wilson warrants that Shannon&Wilson has good and marketable title to all goods delivered hereunder,and that all goods delivered hereunder shall be free and clear of all claims of super for title,bens,and encumbrances of any kind Subsurface explorations and testing identify actual subsurface conditions only at those points where samples are taken, at the time they are taken Actual conditions at other locations of the project site,including those inferred to exist between the sample points,may differ significantly from conditions that exist ' at the sampling locations The passage of time or intervening causes may cause the actual conditions at the sampling locahon,to change as well Interpretations and recommendations made by Shannon & Wilson shall be based solely upon information available to Shannon & Wilson at the time the interpretations and recommendattons are made ' Shannon& Wilson shall be responsible for the technical accuracy of its services,data,interpretations,and recommendations resulting therefrom,and Client shall not be responsible for discovering deficiencies therein Shannon&Wilson shall correct any substandard work without additional compensation,except to the extent that such ma:curacies are directh attributable to deficiencies in Client-fm nished info[nation No Warranties ' Shannon & Wilson makes no guarantees or warranties, express or implied, under this Agreement or otherwise, about Shannon & Wilson's professional services. Client-Furnished Documents ' Shannon&Wilson may use requirements,programs,instructions,reports,data,and information furnished by Client to Shannon& Wilson in performing its services under this Agreement. Sharron& Wilson may rely on the accuracy and completeness of requirements,programs, instructions,reports,data, and other information furnished by Client to Shannon& Wilson Client shall,only to the fullest extent permitted by law, warve any claims against Shannon& Wilson and its subcontractors,and indemnify and hold Shannon&Wilson and its subcontractors harmless from any claims,liabdut},or expenses(including ' reasonable attorneys' fees and costs)arising from Shannon&Wilson's reliance on Chent-furn ished information,except to the extent of Shannon&WilSon's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract Site Damage Shannon & Wilson shall take reasonable precautions to murnnize damage to the project site, but it is understood by Client that, in the normal course of ' Shannon & Wilson's set-vices,some protect site damage may occur, and the correction ol'such damage is not part of this Agreement unless so stated in Shannon&Wilson's Proposal Chent shall only to the fullest extent pei muted by law,waive any claims agamst Shannon& Wilson and its subcontractors, and indemnify and hold Shannon& Wilson and its subcontractors harmless from any claims,liability,m expenses(including,seasonable attorneys'fees and costs)arising from any project site damage caused by Shannon& Wilson,except to the extent of Shannon& Wilson s and its subcontractor's negligent or ' wrongful act-,errors,omssmons,or breach of contract Buried Structures If there are any buried structures and/or utilities on the project site where subsurface explorations are to take place,Client shall provide Shannon&Wilson with a plan showing then existing locations Shannon & Wilson shall contact a utility locator service to request that the) identify any public utilities with h , Shannon&Wilson shall use reasonable care and diligence to avoid contact th mvd i structures andior utilities as shown Shannon&Wilson shall not be liable for any loss or damage to burred structures andior utilities resulting from inaccuracy of the plans.or lack of plans, or errors by the locator service relating to the location of buried structures and/or utilities Client shall, only to the£idlest extent permitted by law, waive any clauns against Shannon & Wilson and its subcontractors,and indemnify,and hold Shannon&Wilson and its subcontractors harmless fiom any claims,liability,or expenses(including , reasonable attorneys' fees and costs)ansing fiom damage to burred structures and/or unlibes caused by Shannon&Wikon's sampling,except to the extort of Shannon&Wilson's and its subcontractor's negligent or wrongfulacts,errors,omissions,orbreach of contract Aquifer Cross-Contamination Despite the use of due care,unavoidable contamination of sod or groundwater may occur during subsurface exploration when drilling or sampling tools are , advanced through a contaminated area, linking it to an aquifer, underground stream, or other hydrous body not previously contaminated and capahle of spreading contaminants off the project site Because Shannon& W ilson is powerless to totally eliminate this risk despite use of due care, and because sampling is an essential element of Shannon&Wilson's services,Client shall,only to the fullest extent permitted by law,waive any claims against Shannon &Wilson and its subcontractors,and indemnify and hold Shannon&Wilson and its subcontractors hamAcss from any claims,lability,or expenses(mcluding , SEA-GH-2007 - - - Page of 6 (12007) SHMNNON&:Wit-SON, INC- reasonable reasonable attorneys' fees and costs)ansmg from cross-contamination caused by Shannon&Wilson's sampling,except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract Opinions of Probable Construction Costs if opinions of probable construction costs are included in Shannon&Wilson's Proposal,Shannon&Wilson's opinions of prolnble construction costs shall be 1 made on the basis of its experience and qualifications and represent its judgment as a professional generally familiar with the mdustry Opinions of probable construction costs are based,in part,on appi oxtmate quantity evaluations that are not accurate enough to permit contractors to prepare bids Further,since Shannon & Wilson has no control over the cost of labor, materials, equipment, or services famished by others, the contractor 4 actual or proposed construction methods or methods of deternunmg prices,connpehtivc bidding,or market conditions,Shannon& Wilson cannot and does not guarantee that proposals, bids,or actual consuvction cost will not vary font opinions of the components of probable construction cost prepared by Shannon& Wilson If Client o any contractor wishes greater asses ante as to probable construction cost,Client or contractor shall employ an independent cost estimator Rev xew of Contractor's Shop Drawings and Submittals if teview of a contractor's shop drawings and submittals are included in Shannon&Wilson's Proposal,Shannon&Wilson shall review and take appropriate action on the contractor's submittals, such as shop drawings,product data,samples,and other data,which the contractor its required to submit,but solely for the limited purpose of checking for general overall conformance,with Shannon& Wilson's design concept This review shall not include a ievicw ofthe accuracy or completeness of details,such as quantities, dimensions, weights or gauges, fabrication processes, construcuon means, methods, sequences or procedures,cootdnanon of the work with other trades,or construction safety precautions,all of which arc the sole responsibility of the contractor Shannon & Wilson's review shall be conducted with reasonable promptness while allowing sufficient time, in Shannon & W ilson's,judgment,to permit adequate review Review of a specific item shall not be construed to mean that Shannon&Wilson has reviewed the entire assembly of which the item is a component- Shannon&Wilson shall not be responsible fox any deviations by the contractor in the shop drawings and submittals from the construction documents,which are not brought to the attention of Shannon&Wilson by the contractor in wring Construction Observation If construction observation is included in Shannon& Wilson's Proposal,Shannon&Wilson shall visit the project site at intervals Shannon&Wilson deems appropriate,or as othei wise agreed to in writing by Client and Shannon&Wilson,in order to observe and keep Client generally infomned of the progress and quality of the work Suchvisits and observations are not unlendal to be an exhaustwe check or a detailed inspection of any contractor's walk,but rather are to allow Shannon&Wilson,as a professional,to become generally familiar with the wink in progress in order to determine, in general,whether the wort:is progressing in a manner indicating that the work,when fully completed, will be in accordance with Shannon& Wilson's general overall design concept Shannon & Wilson's authority shall be limited to observing,making technrtal c,ommients regarding general overall compliance with Shannon& Wilson s design concept,and rejecting any work which it becomes aware of that does not comply with Shannon&Wilson s general overall design concept Shannon & Wilson's acceptance of any non-conforuung work containing latent defects or fadute to select any non-conlormmg work not inspected by Shannon & Wilson shall not impose any liability on Shannon & Wilson of relieve any contractor from complying with their contract documents All construction contractors shall be solely responsible for construction site safety,the quality of their work,and adherence to their contract documents Shannon&Wilson shall have no authority to dnect anycontractor's actions orstop any contractor's work ' If Shannon&Wilson is not retained to provide constriction observation of the implementation of its design recommendations,Client shall,only to the fullest extent permitted by law,waive any claims against Shannon& Wilson,and mdemmhy and hold Shannon & Wilson harmless from am claims, liability,or expenses(including reasonable attorneys' fees and costs)arising from the implementation of Shannon &Wilson's design recommendations,except to the extent of Shannon&W ikon's and its subcontractor's negligent or wrongful ads,errors,omissions,orbreach of contract No Responsibility for Site Safety Except for its own subcontractors and employees,Shannon&Wilson shall not supervise,direct,have control over,or authority to stop any contrator's work, have authority over of responsibility 'or the means,methods,techniques,sequences,or procedures of construction selected by any wntractor,be responsible for safety precautions and programs incident to any contractor's wort.,or be responsible for any failure of any contractor to coniply with laws and regulations applicable to the contractor,all of wl•rch are the sole responsibility of the construction contractors This requirement shall apply continuously,regardless of time or place, and shall in no way be altered because a representative of Shannon & Wilson is present at the project site performing hislhen dunes Notwithstanding anything to the contrary,Shannon & Wilson shall never be deemed to have assumed responsibility for the piolect's site safety by either contract or conduct No act or direction by Shannon& Wilson shall be deemed the exerctw of supervision or control of any contractor's employees or the direction of any contractor's performance Any direction provided by Shannon& Wilson shall be deemed solely to tnsure the contractor's general overall compliance with Shannon&Wilson's design concept No Responsibility for Conti-actor's Performance ' Except for its own subcontractors and employ ees,Shannon&Wilson shall not be responsible for safety precautions,the quality of any contractor's work,or any contractor's failure to furnish or perfom thur wok n accordance with their contmct documents Except Shannon&Wilson's own employees and its subcontractors,Shannon&Wilson shall not be responsible for the acts or omissions of any contractor, ' subcontractor or supplier,or other persons at the project site,or otherwise furnishing or performing any work,or for any decision based on interpretations or clarifications of Shannon&Wilson's design concept given without lheconsultauon and concurrence of Shannon&Wilson Approval of Contractor's Applications for Payment if approval of a contractor's applications for payment are included in Shannon& Wilson's Proposal, Shannon&Wilson shall review the amounts due the contractor and issue a recommendation about payment to Client Shannon&Wilson's review and approval shall be limited to an evaluation of the general progress of the work and the mfonnat ou contained in the contractor's application for payment and a representation by Shannon& Wilson that to the best of the Shannon&Wikon's knowledge the contractor has performed work for which payment has been requested,subject to further testing and inspection upon substantial completion The issuance of a recommendation for payment shall not be construed as a representation that Shannon& Wikon has made an exhaustive check or a detailed or continuous msp"tmn check of the quality or quantity of the contractor's wort,,approved the contractors means,methods, sequences,procedures,or safety pit ecautions,of that contractor's subcontractors,laborers,and suppliers have been paid ARTICLE 7—CONFIDENTIALITY AND USE OF DOCUMENTS ' Confidentiality Shannon & Wilson agrees to keep confidential and to not disclose to any person or entity(other than Shannon&Wilson's employees and subcontractors), without the prior consent of Client,all information furnished to Shannon'&Wilson by Client o learned by Shannon&Wilson as a result of its work on the project, provided however, that these provisions shall not apply to information that its in the public domain througlu no fault of Shannon & Wilson,was previously known to Sharon&Wilson,or was independently acquired by Shannon&Wilson from third-parties who were under no obligation to Client to SEA-GH-2007 Page 3 ol'6 (112007) SI IANNQN&WILSON keep said information confidential This paragraph shall not he construed to in any way restrict Shannon&Wilson from making any disclosures required by law Client agrees that Shannon& Wilson may use and publish Client's name and a general description of Shannon&Wilson's services with respect to the , project in describing Shannon&Wilson's experience andqualifications to others Copy rights and Patents—Shannon & Wilson shall indemnify,hold harmless,and defend Client from any and all actions,damages,demands,expenses (mcludmg reasonable attorneys'fees and costs),losses,and liabilities arising out of any claims that any goods or services furnished by Subcontractor infringe ' any patent,trademark,trade name,or copyr fight Uxe of Documents All documents prepared by Shannon& Wilson are instruments of service with respect to the project, and Shannon& Wilson shall retain a copyrighted ownei shop and property interest therein(including the right of reuse)nfiethet or not the protect hscompleted Shannon & Wilson grants to Client a non-exclusive,irrevocable,unlimited,royalty-free license to use any document,,prepared by Shannon& Wilson for Client Client mac make and retain copies of such documents for their infornaton and use Such documents are not mtcnded or iepiesenled to be suitable for reuse by Client,or others,aftet the passage of time,on extensions of the project, or on any other project Any such reuse without written verification or , adaptation by Shannon& Wilson,as appiopriate for the specific purpose intended shall be at Client's sole risk,and Client shall,only to the Fullest extent permitted by law, waive any claims against Shannon& Wilson and its subcontractors, and mdemuify and hold Shannon & Wilson and its subconimetors harndess from any claims,liability,of expenses(mcludmg reasonable attorneys' fees and vests)arising from such reuse,except to the extent of Shannon & Wilson's and its subcontractor s neglhgmt or wrongful acts,errors,onnsshons,or breach of contract Any verification or adaptation of the documents for extensions of the project or for any other project by Shannon & Wilson shall entitle Shannon & Wilson to additional compensation to be agreed upon by Client and Shannon&Wilson Copies of documents that may be relied upon by Client are limited to the printed copies(also known as hard copies)that are signed or sealed by Shannon& Wilson text,data,or graphws files in electronic media format are iumished solely for the convenience of Client Any conclusion or information obtained or ' derived fiom such electronic files shall be at the user's sole risk If there is a discrepancy between the electronic files and the hard copies,the hard copies govenm Because data stored in electronic media can deteriorate or be modified inadvertently or otherwise without authorization of the data's cieator, the party receiving an electronic file agrees thai of shall perform acceptance tests or procedures within 60 days after its receipt,alter which,unless notice of any errors ' are given uh writing to the delivering party,tie receiving party shall be deemed to have accepted the data thus transferred Any enors reported within the 60- day acceptance period shall be corrected by the party delivering the electronic files at their sole expense Shannon 6- Wilson shall not be responsible for maintaining documents stored in electronic media format after acceptance by Client When transfenmg documents in electronic media format, neither Client nor Shannon& Wilson makes any representations as to long-term compatibility, , usability or readability of documents resulting from the use of software application packages,operating systems,or computer hardware dhlletmg from Ili,ise used for the document's creation ARTICLE 8—INSURANCE ' Shannon&Wilson shall purchase and maintain during the term of thiscontract,the following insurance coverage at its sole expense: Commercial General Liability-$1,000,000 each occunencelS2,000,000 annual aggregate Bodily itijury/Property Damage Combmod Single Limit including ' Blanket Contractual Liabdav,Broad Form Products and Completed Operations,Explosion/Coilapse/Undergroutd(XCU)Exposures,and Washington Stop Gap coverage Auto Liability-$1,000,000 Bodily Injury/Property Damage Combined Single Limit including Owned,Hired,and NottOwned Liability coverage Umbrella Liability-$10,000,000 Bodily Injury/Property Damage combined Single Limit in excess of Commercial General Liability,Auto Liability,and ' Employers' Liability Workers' Compensation-Statutory in monopolistic states and$500,000 per accidentl$500,000 per disease/$500,000 disease policy aggregate Employers' Liability in non-monopolistic including if applicable,US Longshoie&Harbor Waivers coverage ' Professional Liability -$5,000,000 per clauns/$5,000,000 annual aggregate forprofessronal errors and omissions including Pollution Liabiltty coverage If requested in writing by Client,Shannon&Wilson shallname Client as an additional insured on its Commercial General Liability policy If requested in writing by Client, Shannon& Wilson shall deliver to Client certificates of insurance evidencing such coverage Such certificates shall be furnished before commencement of Shannon&Wilson's sery ices Client shall cause Shannon& Wilson and its subcontractors to be listed as additional insureds on any Commercial General Liability insurance carried by Client that is applicable to the project , Client shall require the project owner to require the general contractor on the project to purchase and maintain Commercial General Liability,Automobile Liability, Workers Compensation,and Employers Liability insurance,with limits no less than set Imth above, and to cause Shannon & Wilson and its subcontractors to be listed as additional insureds on that Commercial General Liability insurance Client shall require the project owner include the substance of this pai agnph in the prime construction contract ' All insurance policies shall contain a waiver of subrogation ARTICLE 9—HAZARDOUS ENVIRONMENTAL CONDITIONS Disclosure of the Existence of Hazardous Environmental Conditions ' Client has disclosed to Shammon& Wilson all data Mown to Client concemmg known or suspected hazardous environmental conditions,including but not l[nuted to,the existence of all asbestos,PCBs,petroleum,hazaidous waste,orradhoactive material,if any,located at or near the project site,including its type, quantity,and location,or has reprepnted to Shannon&Wilson that,to the best of Client s knowlafge,no hazardous environmental conditions exist at or near the project site ' If any hazardous environmental condition is encountered or believed to exist,Shannon&Wilson shall notify Client and,to the extent required by applicable laws and regulations,the project site owner,and appropriate governmental officials SEA-GH-2007 Page 4 of 6 (112007) SHANNON&WILSON, INC' Disposal of Non-Hai u-dous Samples and Hazardous or Toxic Substances All substances on,tit,of under the project site,or obtained from the project site as samples or as byproducts(e.g,drill cuttings and fluids)of the sampling process are the protect site owner's properly Shannon& Wilson shall pieserve such samples for forty-five(45) calendar days after Shannon&Wi[son's issuance to Client of the final mstrunent of sen ice that telates to the data obtained from them Shannon&Wilson shall dispose of all non-hazardous Samples and sampling process byproducts rn accordance with apphcable law,pmov ided however,any samples or sampling process bypr oducts that ate,or are believed to be,affected by regulated conlanunants shall be packaged by Shannon&Wilson in accordance with applicable law,and turned over to Client or left on the project site Shannon&Wilson shall riot transport store,treat,dispose of,or arrange for the transportation,storage,treabnent,or disposal of,any substances known,believed or suspected to be affected by regulated contaminants,nor shal Shannon&Wilson subcontract for such activities. Shannon& Wilson shall,at Client's rquest(and for additional compensation,if not already included tit Shannon&Wilson's Proposal),help Client or the project site owner idenlrfy appropriate alternatives for transportation,sloiage,treatment,or disposal of suds substances,but Shannon&Wilson shall not make any independent detemunation about the wleclmn of atransportation,storage,treatment,ordisposal lacdily Client or tlme project site owner shall sign all manifests for the transportation,storage,treatment,or disposal of substances affected by regulated contaminants, provided however, notwithstanding any other piovisions of this Agreement to the contrary if Client directs Shannon & Wilson, Shannon & Wilson'-, employees or Shannon& Wilson's agents to sign such manifests and/or to hire for Client or the project site owner a contractor to transport stoic,treat,or dispose of the contaminated substances,Shannon&Wilson shall do so only as Client's disclosed agent Contaminated Equipment and Consumables Client shall ieunburse Shannon & Wilson for the cost of decontaminating field or laboratory equipment that is oontarmnated by regulated materials encountcied at the project ste and for the cost of disposal and replacement of contaminated consumables In some instances,the cost of decontamination ilia! exceed the fair market value of the equipment,were it not contanunated,together with the cost of properly transport nj� and disposing of the equipment In such instances,Shannon&Wilson"fit notify Client and give Client the option of paying for decontamination or purchasing the equipment at its tan market ' value immediately prior to umtammation If Client elects to purchase equipment,Client and Shannon&Wilson will enter into a specific agreement for that purpose Anv equipment that cannot be decoruammated shallbe considered a consunable Client's Liability for Hazardous or Toxic Materials Except to the extent caused by Sharron&Wilson's and is subcontractor's negligent or wrongful acts,errors,omissions,nrbreach ofbontract and only to the maximum extent permitted by law, Client shall indemnify and hold harmless Shannon & Wilson, its subcontractors and their partners,officers,directors, employees,and agents,from and against any and all actions(whether sounding um tort,contract(express or implied),warranty (express or implied),statutory liability,sit ict liability,or otherwise),claims(including,but not tinted to,claims for bodily mjury,death property damage(including bodily injury,death,or property damage to Shannon & N'ilsomm's own emplovees),or arising under CERCLA, MICA,or Sunda fedcial, state,of local emuonmental laws),costs, ' damages(including without hnulation,economic,noneconomic,general, special, incidental,consequennal), demands expenses(um(ludnrg,but not limited to,reasonable attorneys'fees and costs of defense),fines,judginents,[tens,liabilities,and penalties of any kind whatsoever;arming fimn the arrangement for and/or ownership, operation, gcncranou, labtlmg, transportation, storage, disposal, treatment, release, or threatened release of anv hazardous of toxic materials,as defined by CERCI A,MTCA,or similar federal state,or local environmental laws,on and/or from the projeetsite ARTICLE 10-ALLOCATION OF RISK Indemnification of Client ' To the maxunum extent pertu led by law,Shannon&Wilson shall mdemnify and hold harmless Client,cots appointed and elected officials,partners,officers, directors,employees,and agents,horn and against any and all actions(whether sounding in tort,contract(express or implied),wan anty(express or implied'), statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury,death property damage,(including bodily injury,death,or property darnage to Shannon&Wilson's own employees)or arising under CERCLA,MTCA,or similar federal,state,of local cnvironmi ntal laws),costs,damages(including without Itnulanon,economic,non-economic,general,special, mudental,consequential demands,exp nses(mcluduns,but ' not limited to, reasonable attorneys' fees and costs of defense), lines, judgments, ]tens, liabilities, and penalties of any kind whatsoevet, nismg fiom the negligent or wrongful acts,errors,or omissions,or breach of contract or warranty express or implied,by Shannon&W ilsmm or any of its subcontractors,but only to the extent of Shannon&Wilson's and its subcontractor's relative degree of fault in furtherance of these obligations,and only with respect to Client, its appointed and elected officials,partners,officers,directors,employees and agents,Shannon& Wilson waives any immunity it may have or lunnation on the amount or type of damages imposed under an} industrial insurance,worker's compensation,disability,employee benefit,or similar laws Shannon& Wilson acknowledges that thiswaiver of immunity was mutually negotiated. Limitation of Shannon&Wilson's Liability A.Total Liability Limited to Insurance Proceeds Notwithstanding any other provisions of this Agreement,and only to the maximum extent permitted by law,life total liability,in the aggregate,of Shannon& Wilson, its subcontractors, and their partners, officers, directors, emplovees,agents and,or any of them,to Client and/or anyone claiming by,through,or under Client,for any and all actions(whether sounding um tort,contract(express or implied),warranty(express or implied),statulory liability,strict liability, ' or otherwise),claims(including,but not limited to,claims for bodily injury,death,property damage,(including bodily injury,death,or property damage to Shannon&Wilson's own employees)or arising under CERCLA,MiCA_or similar federal,state,of local cnvuonmental laws),costs,damages(including without limitation, economic, non-economic, general, special, incidental, consequential), demands, expenses (mcltdmg, but not limited to, waswenable attorneys' Ices and costs of defense), fines,judgments, hens, liabilities, and penalties of any kind whatsoever,arising out of,resulting from,or in any way related to the protect or this Agreenent,shall be hmaed to the insurance proceeds payable on behalf of or to Shannon& Wilson by any insurance popsies applicable thereto If you are unwilling or unable to limit our habmhiv m this manner, we will negotiate this lunna.non and its associated impact oil our approach scope of work, schedule, and price, with you You must notify us in wTitmng before we commence our work of your intention to negotiate this limitation and its associated impact on our approach, scope of work,schedule, and price Absent your prior written notification to the contrary, we will proceed on the basis that our total habhty fs limited as' set forth above B.Professional Liability Limited to$50,000 or 10%of Fee With respect to professional errors or omissions only,notwithstanding any other provisions of this Agreement,and only to the maximum extent permitted by taw,the total lability,in the aggregate,of Shannon&Wilson,its subcontractors,and their partners,officers,directors,employees,agents,or any of them,to Client and/or anyone claiming by,through,of under Client,for any and all actions(whether sounding in tort,contract(express or implied),warranty(express or implied),statutory liability,strict liability,or otherwise),claims(including,but not limited to,claims for bodily injury,death,property damage(including bodily injury, death, or property damage to Shannon & Wilson's oven employees) or ansmg under CERCLA, MTCA, or similar federal, state, or local environmental laws),costs,damages(including without Imntation,economic,non-econorme,general,special, incidental,consequential),demands,expenses (including,but not limited t),reasonable attorneys'fees and costs of defense),fines,mdgnents,hens,liabilities,and penalties ofany kind whatsoever, n rising SEA-GH-2007 Page 5 of 6 (112007) SI-1A N€.)N&WIL SON, IN,' out of, resulting from,or in any way related to the professional errors or omissions of Shannon & Wilson, its subcontractors, or their partners, officers, ' directors,employees,agents or,or any of them,shall not exceed the aggregate total amount of$50,000 00,or ten percent(10%)of the total compensation actually paid to Shannon&Wilson un&r this Agreenient,whichever is greater if you are mnvillmg or unable to limit our professional liability to these sums, we will negotiate the amount of dus]mutation and its associated impact on our approach,scope of work schedule,and price,%%uh you You must notify us in wi itmg before we continence our wod,of}our intention to negotiate the aniount or this limitation and its associated unpact on our approach,scope of work, schedule,and price Absent your prior written notification to the contrary, we will proceed on the basis that our total professional liability is limited to $50.000 00 or ten percent(10%)of the total compensation actually paid to Shannon&Wilson under this Agreement,whichever is greater ARTICLE 11 —MISCELLANEOUS Termination This Agreement may lie temunated without further obligation or liability by either party,with or without cause(for convenience),upon 30 days prior written notice to the other Shannon & Wilson shall be entitled to compemauon for all services performed prior to the termination of this Agreement fhrs Agreement may be terminated by the non-breaching party upon any breach of this Agreement that remains uncured after 10 days notice to the breaching party by the non-breaching party Upon payment of all amounts due Shannon&Wilson,Client shall be entitled to copies of Shannon&Wilson's riles and records pertaining to services pei formed pror to the temunation of this Agreenirnt. Successois,Assigns,and Beneficiaries Tlus Agreement shall be binding upon each party's assigns,successors,executors,administrators,and legal representatives. Neither Client nor Shannon& Wilson may assign or transfer any rights under or interest in this Agreement without the written consent of the other No assignment shall release or discharge the assignor fiom any duty or responsibility under this Agreement ' Nothing in this Agreement shall be Lonstmed to create, impose,or give rise to any duty owed by Client or Shannon&Wilson to any durd-party. All duties and iesponsibditres undertaken under this Agreement shall be for the sole and exclusive benefit of Client and Shannon&Wilson There are no intended thud-party bene5cianes Notwithstanding the foregoing,should a court find a third-party to be a beneficiary of this Agreement,it is the intent of the parties that the judicially created thud-party,b.;nefrciary be bound by and subject to all of the terns and conditions of the Agreement 1 Jurisdiction,Venue,and Choice of Law Any applicable Statute of Limitation shall be deemed to commence running on the date which the claimant knew,or should have known,of the facts giving rise to their claims,but in no event later than the date of substantial completion of Shannon& Wilson's services under this Agreement To the maximum extent pernuned by law,as a condtuoi precedent to conunencmg a judreral pioceedmg, i party shall gwe wrrlten nonce of their elaums,including all amounts clammed and the factual basis for their clarets,to the other parry within one(1)year of when the claimant knew,or should have known,of the facts giving rise to their claims,but in no event later than one(1))car from the dale of substantial completion of Shannon & Wilson's services under this Agreement As a condition precedent to commencing a judwial proceeduig,a party shall fiat submit their claims to non-binding inediauon through and in accordance with the rules of the American Arbitration kssociation This Agreement shall be construed in accordance with and governed by the laws (except choice and conflict of law provisions)of the state in which the Project is located Any judicial action shall be brought in the state in which the Project is located Attorneys'Fees Should any dispute or claims anse out of this Agreement,whether sounding in tort,contract(express or implied),warranty(express or implied),statutory liability,strict liability,or othetivise,the prevailing party shall be entitled to an award of their reasonable artomeys'fees and costs,mcludmg upon appeal and ' m the enforcement of any judgment Should neither party prevail on all of their clans or receive all of the relief they sought.then the substantially prevmhng party shall be awarded their reasonable attorneys'fees and costg including upon appeal and in the enforcement of any jnlgnment Waiver A waiver of any of the leans and conditions or breaches of this Agreement shall not operate as a subsequent waiver ' Headings The headings used in this agreement are for general ease of reference only. They have no meaning and are not pat of this Agreement integration This Agreement,together with all attachments hereto,are incorporated by reference into each other, and supersede all prior written and oral discussions, representations,negotiations,and agreements on the subject matter of this Agreement and represent the parties'complete_entire,and final understanding of the subject matter of this Agreement Survival ' Notwithstanding completion or termination of thus Agreement for any reason, all representations,warranties, Iunitations of liability, and indemnification obligations contained in thisAgreement shall survive such completion or termination and remain in full face and effect until tulfilled Sev era bd ity ' if any of the terns or conditions of this Agreement are found to be void or unenforceable for any reason,the remainder of this Agreement shall continue in full force and effect,and the court shall attempt to judicially reform the void or unenforceable provisions to the nmammuim evteiit potinible,consrstentwith the original intent expressed in the provisions,to render it valid and enforceable If the court is unable to reform the provisions to lender it valid and enforceable, the court shall stitke only that portion which is invalid or unenforceable, and thus Agreement shall then be construed without reference to the void or unenforceable provisions. 1 ' SEA-GH-2007 Page 6of6 (I 2007) Kent City Council Meeting Date January 16, 2007 Category Other Business I. SUBJECT: PROPOSED KENT EVENTS CENTER - DESIGN AND DEVELOPMENT FUNDING 2. SUMMARY STATEMENT: In the fall of 2006, Kent City Council authorized $1 3M to begin funding the design and development of in the proposed Kent Events Center. One part of this initial process was to develop a cost estimate based on preliminary architectural design This estimate was presented to City Council on December 5, 2006, as project milestone number two. At that time, staff reported that sufficient funds remained from the initial authorization to continue work through January 15, 2007, and that additional funding would be required to conduct further work with the architect, other consultants and the general contractor, in order to reach milestone number three, which is the contractor's first cost estimate. Staff has determined these costs to be $959,000 00, which will continue the project through March 7, when the contractor's first cost estimate will be presented to the City Council This funding request has been reviewed by the Events Center Citizen Advisory Board. The Board is recommending these funds be appropriated for the project. ' 3. EXHIBITS: Project budget outline and milestone calendar 4. RECOMMENDED BY: Kent Events Center Citizen's Advtsory Board & Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT — Expenditure? X Revenue? Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund V0050 Amount $959,000 00 Unbudgeted Revenue Fund Amount $ 6. CITY COUNCIL A 'TION: Councilmember " l —moves, Councilmember Gl/liP seconds to authorize the Mayor to expend up to an additional $959,000 and to take all acts necessary to continue the design and development of the proposed Kent Events Center, to enter into all related contracts and other agreements, and further, to authorize and ratify all acts consistent with this and other funding authorizations under the authority granted by this motion. DISCUSSION: ACTION: �` '�'�` . Council Agenda Item No. 7A KENT EVENTS CENTER Projected Budget through Appropriation Milestone 2 (March 7,2007) ' First Additional Authonz to Authoriz.to Milestone 1 Milestone 2 (thru Dec 2006) (thru March 7, 2007) Project Management $ 151,000 $ 81,000 Architecture& Engineering $ 565,000 $ 414,000 Contractor(GC/CM) $ 50,000 $ 20,000 Other(feasibility, legal, environmental, $ 376,000 $ 238,000 operations, PR, EIS, traffic/parking, etc) Contingency $ 213,000 $ 206,000 ' TOTAL $ 1,355,000 $ 9599000 1 i 1 t i SHIELS OBLETZ JOHNSEN 08 JANUARY 2007 KENT EVENTS CENTER DRAFT t TIMELINE Project Manager Selection Summer 2006 ✓ EIS Consultant Selection Summer 2006 ✓ Architect Selection Early Fall 2006 ✓ I Architect's Preliminary Budget Confirmation December 2006 Select General Contractor (GC/CM) Winter 2007 Select Operator Consultant Fall 2006 ✓ r Finalize Thunderbirds Lease Terms Winter 2007 Finalize Thunderbirds Interim Agreement Fall 2006 ✓ Contractor's Cost Est. #1 (based on Schematics) Winter 2007 * , Issue Draft EIS Winter 2007 Issue Final EIS Late Spring 2007 City Council Zoning Approval (Special Use Combining District) Late Spring 2007 Sign MACC (Guaranteed Max Price) for Construction Late Spring 2007 Complete Construction Documents (Site/Foundations) Late Spring 2007 Construction START Late Spring 2007 Event Center Opening (Drop the Puck) October 2008 * Note that these are key benchmark/gateway decision points ' r SHIELS OBLETZ JOHNSEN 1/8/2007 Kent City Council Meeting Date January 16, 2007 tCategory Bids I. SUBJECT: 116TH AVENUE SE JOINT UTILITY TRENCH 2. SUMMARY STATEMENT: The bid opening for this project was held on December 21, 2006, with five bids received. The low bid was submitted by Rodarte Construction, Inc in the amount of$671,368.00. The Engineer's estimate was $6451630.00. 3. EXHIBITS: Public Works Director's memorandum 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: `n/ Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT Larry R. Blanchard. Public Works Director Address 220 Fourth Avenue S KENT Kent, WA. 98032-5895 W A HI N G 1 0 N Phone 253-856-5500 Fax 253-856-6500 DATE: January 16, 2007 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: 116th Avenue SE Joint Utility Trench (Kent Kangley to SE 256th ) Bid opening for this project was held on December 21, 2006 with five bids received. The low bid was submitted by Rodarte Construction, Inc. in the amount of $671,368.00. The Engineer's estimate was $645,630 00. The Public Works Director recommends awarding this contract to Rodarte Construction, Inc.. Bid Summary Rodarte Construction, Inc. $671,368.00 DPK, Inc. $720,682.50 Potelco, Inc. $816,970.47 Dennis R Craig Construction, Inc. $818,237.25 Pilchuck Diversified Services $839,998.80 Engineer's Estimate $645,630.00 u\CouncdPacketaOOTBtds\116thAveSEJomntUthench doe REPORTS FROM STANDING COMMITTEES AND STAFF iA. COUNCIL PRESIDENT B. MAYOR .P, 'SS A-xc (2 fin C. OPERATIONS COMMITTEE lu (�z� �o D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE / C1a L"o G. PUBLIC WORKS�� H. ADMINISTRATION S � j 1p REPORTS FROM SPECIAL COMMITTEES PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES 1 NOVEMBER 20, 2006 Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Watson. As Chair I Harmon's arrival was delayed, the meeting was called to order and chaired by Council Member Tim Clark at 4:00 p.m. Approval of Minutes: Watson MOVED and Clark SECONDED a MOTION to APPROVE the minutes of October 16, 2006. Motion PASSED with Mr. Harmon's consent 3-0. Shoreline Master Pronram Update Planner Kim Marousek presented the two year Shoreline Master Program (SMP) update project that staff will undertake early in 2007 and complete in 2009. Ms. Marousek stated that in 2003 State Legislation required all jurisdictions to update their Shoreline Master Programs for consistency and that Kent last updated their SMP in 1999. Ms. Marousek stated that the Green River, Lake Meridian, and a portion of Big Soos Creek south of Kent Kangley Road are currently defined as shorelines of the state. She stated that there are three main policies outlined in the SMP that require balancing as follows: to encourage water dependent uses, to protect the natural shoreline and to promote public access and recreation with natural resource enhancement and protection. Ms. Marousek stated that as part of the SMP update, staff will complete a shoreline inventory that is scientific in nature. She stated that staff will look at existing and future land uses; impervious surface; shoreline impacts, and potential for restoration. The technical analysis will be similar to that undertaken with the update to the City's Critical Areas Ordinance. Ms. Marousek stated that water quality analysis for each of the shoreline areas will be completed. Ms. Marousek stated that staff will be looking at applying appropriate land use designations and shoreline standards to ensure "no net loss of ecological functions" which is the standard the Department of Ecology has put in place. This will necessitate evaluating impacts on an ecosystem wide basis. She stated that staff will consider the cumulative impacts of how development will incrementally affect the shoreline area. Ms. Marousek addressed water quality issues raised by the Committee. Ms. Marousek stated that staff will look at regulatory programs including the City's storm water management program and low impact development which would factor into how staff will I structure the SMP. She stated that the SMP must be consistent with the City's comprehensive plan goals and policies and land use designations. Ms. Marousek stated that staff will develop a comprehensive public involvement plan that will be approved by the Department of Ecology, prior to embarking on this project. 2006 Annual Docket Report Planner William Osborne described each of the seven (7) 2006 Comprehensive Plan Amendment docket proposals for this year, stating that two (2) docket items are carried over from last year. He stated that the docket items are defined as: Dkt-2005-4: Boundary adjustment along 42"d Ave S between S 216th and S 212th Streets, with staff and Land Use and Planning Board recommendation to include this item in the 2007 work program. Dkt-2005-7: Revision of the land use map to reflect publicly-owned parcels as Recreation and Open Space and privately-owned parcels consistent with their associated zoning district, with staff and the Land Use and Planning Board recommending including this item in the 2007 work program. PEDC Meeting 10/16/06 Page 1 of 4 2� Dkt-2006-1: This is to evaluate split-zoned parcels to conform to GC/MU zoning in the 600 block of Washington Avenue North, with staff and the Land Use and Planning Board recommending including this item in the 2007 work program. Dkt-2006-2: This relates to amending the development code related to shorelines with staff and the Land Use Planning Board recommending including this item in the 2007-2009 Shoreline Master Program Update. Dkt-2006-3: This proposal intends to amend land use and zoning around Lake Meridian to 3 du/acre. Osborne stated that the Land Use and Planning Board recommended declaring an emergency exists to consider this as a separate item in the 2007 work program. He stated that staff recommended that this item be considered during the Shoreline Master Program update and Dkt-2006-4. Dkt-2006-4: This is to review unmatched land use and zoning designations of single family residential, with staff and the Land Use and Planning Board recommending that this item be included in the 2007 work program. Dkt-2006-5: This is to review Title 8 and Title 15 codes regarding animals & minimum lot size, with staff and the Land Use and Planning Board recommending taking no action in 2007. Mr. Osborne addressed a number of issues and concerns raised by the Committee members related to each docket item. Additionally, Planning Manager Charlene Anderson attempted to clarify issues for the Committee concerning Lake Meridian and the Shoreline Master Plan update as well as concerns related to the potential for declaring an emergency moratorium with respect to Lake Meridian. Tami Jayne Jackson, 28325 144th Ave, Kent, WA explained why the city should loosen their code restrictions with respect to the allowance of chickens in residential districts, citing other jurisdictions who do allow them. Sally McDonough, 26441 1371h Ave SE, Kent, WA stated that she represents the Lake Meridian Home Owners Association Docket Item #Dkt-2006-3. She explained why City Council needs to consider a resolution to consider that an emergency exists to the health and safety of Lake Meridian. City Engineer Gary Gill with Public Works addressed water drainage issues with respect to Lake Meridian. The Committee and staff deliberated over the most expeditious way to address the Lake Meridian issue and considered possible zoning consistency options. Member Watson MOVED and Member Clark SECONDED a Motion to approve adding Dkt-2005-4 and Dkt-2005-7 to staff's 2007 work program as recommended by staff and the Land Use and Planning Board. Motion PASSED 3-0. Member Watson MOVED and Member Harmon SECONDED a Motion to accept Dkt-2006-1 as part of the 2007 work program as recommended by staff and the Land Use and Planning Board. Motion PASSED 3-0. Member Watson MOVED and Member Harmon SECONDED a Motion to accept Dkt-2006-2 as part of the 2007-2009 Shoreline Master Program Update as recommended by staff and the Land Use and Planning Board Motion PASSED 3-0. Member Harmon MOVED and Member Watson SECONDED a Motion to allow Dkt-2006-3 to move forward on its own merit. Motion FAILED 2-1. Member Harmon MOVED and Member Watson SECONDED a Motion to accept Dkt-2006-3 as part of the 2007 work program with Dkt-2006-4 as recommended by staff and directing staff to periodically update the Committee on the status of this work item. Motion PASSED 3-0. PEDC-Minutes November 20, 2006 Page 2 of 4 3 Member Harmon MOVED and Member Watson SECONDED a Motion to accept Dkt-2006-4 as part of the 2007 work program as recommended by staff and the Land Use and Planning Board. Motion PASSED 3-0. Member Harmon MOVED and Member Watson SECONDED a Motion to not include Dkt-2006-5 as part of the 2007 work program as recommended by staff and the Land Use and Planning Board Motion PASSED 3-0. Low Impact Development Guest speaker Thomas Holz, PE spoke about low-impact development, citing an analogy where half of the precipitation that falls on a forest evaporates directly or lands on the ground, where it gets taken up by the roots and evaporates. He stated that only half of an annual rainfall effectively hits the ground, with one percent infiltrating. Mr. Holz stated that all Western Washington drainage manuals are based on the notion of predevelopment runoff where constructed projects are discharged at that same rate. Mr. Holz stated that most development does not consider the damage to our natural waterheds when forest and soil is stripped off, cleared away and land paved. He stated that the resulting land washes off into the streams and acts like a hydraulic dredge destroying our streams. Mr. Holz stated that the city attempts to mitigate damage done to the watershed (providing discharge at the predevelopment rate) by building ponds, using vault systems or swirl concentrators which do not replace all the functions of the forest and sod. Mr. Holz stated that if we want to preserve Puget Sound and our streams we have to implement source control and not resort to the type of land use currently in place. He stated that stream banks will erode, channels will get wider and fish habitat will be destroyed as temperatures increase and sediment from construction filters into the stream systems. 1 Mr. Holz stated that the standard for development should necessitate retaining 65 percent of the forest after a development has been completed. He described the following methods and material options for preventing the other 35 percent of land surface from generating runoff: 1) Isolate impervious areas, 2) direct roof runoff through curb blinds or a French drain for infiltration, 3) construct narrower roadways from pervious materials such as porous eco-stone pavers filled with course gravel that allows runoff to infiltrate directly into the road or laterally through a sub-base back into the vegetation causing minimal forest disturbance, 4) construct parking lots with pervious California strips to accommodate only the area needed for the car tires, with porous gravel in between those strips, which generates no runoff and can be more durable than an asphalt parking lot. Mr. Holz described redevelopment options for Kent since the city is nearing build-out. He cited converting pairs of streets to one lane on each street to decrease impervious surface, developing more multifamily complexes and placing cars in vertical storage. Mr. Holz addressed Committee concerns with cost factors stating that he is currently working on projects where the developers chose low impact techniques for their cost effectiveness. City Engineer Gary Gill explained that he is supportive of the new technology, stating that the city's new storm water regulations will require the city to be more receptive to these new ideas and perhaps do a cost analysis. He stated that the new low impact procedures may seem more costly on the surface but the long term benefit costs need to be considered as storm water regulations become more stringent. Mr. Gill stated that he believes low impact development could be used initially as a tool in the development of short plats with privately owned roads. Member Clark stated that the Mayor has proposed a task force to look at types of green development where the developer may gain some incentives in terms of permitting costs. PEDC-Minutes November 20, 2006 Page 3 of 4 4� Mr. Gill stated that some developers have requested that Kent revisit their construction standards to allow for vault systems instead of a pond system on steeper sites. He stated that some of the low impact alternatives are a tradeoff to the pond or vault system. He stated that the downspout infiltration systems used on houses is a first step in an attempt to collect and disperse as much roof runoff into the surface soils as possible, but additional methods need to be implemented to truly reduce the effect of runoff from those sites. Mr. Holz pointed out that a Seattle low impact redevelopment project added $30,000 to $40,000 dollars to the resale value of every house on the block and stated that there is an aesthetic value to low impact development as well. He stated that the people who will be paying for low-impact redevelopment are those folks yet to arrive in the Kent Valley. Garrett Huffman, South King County Manager, Master Builders Association spoke ' about a project in Sultan where the streets, sidewalks, driveways, curbs and gutters were completely developed with pervious concrete. He stated that it did not require a storm water management system and with the number of units they were able to build, the project turned out to be a very good value. Mr. Huffman stated that the Washington Concrete and Aggregate Association has significant information on where these types of developments are being used throughout the country. He stated that the president of the National Association of Homebuilders is making "Built Green" a priority in 2007. Mr. Huffman stated that the MBA Builder's Association has a leading five star Built Green Program. He stated that we have communities that illustrate how to develop the actual area around the home, and how you build the house or the apartment complex or remodel it. Mr. Huffman stated that information is available on how to develop a low impact community. He stated that the city needs to consider ways to incorporate code regulations that the MBA members would want to take advantage of. Mr. Huffman submitted for informational purposes a Built Green Information Handbook and a letter addressed to Puget Sound Partnership from Master Builders Association addressing storm water issues. Committee Meetina Schedule After deliberating with Planning Manager Charlene Anderson, the Planning and Economic Development Committee decided to reschedule their meeting, affective January 2007, to the second Monday of each month at 5:00 p.m. Adiournment Chair Harmon adjourned the meeting at 6:15 p.m. Pamela Mottram Admin Secretary, Planning Services S IPe mRlPlanlP/annmg Committm110061MmU[es1111006PEDCmm do PEDC-Mmutes November 20, 2006 Page 4 of 4 i �� KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES SPECIAL MEETING December 6, 2006 COMMITTEE MEMBERS: Bob O'Brien, Les Thomas,and Ron Harmon, Chair j . The meeting was called to order by Chair Ron Harmon at 5.03 PM. • Debbie Raplee attended this meeting in the place of Les Thomas • Bob O'Brien was unable to attend but gave Chair Harmon his concurrence on the action items 1. Approval of Minutes Debbie Raplee moved to approve the minutes of the November 14, 2006 meeting. The motion was seconded by Ron Harmon and passed 3-0,with Bob O'Brien's concurrence. 2. Citv of Kent Fire Department Resolution—ADOPT Fire Chief Jim Schneider explained the purpose of the Resolution. Debbie Raplee moved to recommend that Council adopt a Resolution authorizing the City of Kent Fire Chief to adopt and annually review and amend the Performance Policies,Standards and Objectives, as required by RCW 35A.92. The motion was seconded by Ron Harmon and passed 3-0, with Bob O'Brien's concurrence. 3. Washington Traffic Safety Commission grant—AUTHORIZE and ACCEPT Police Chief Steve Strachan explained the purpose of the funding for the "Drive Hammered—Get Nailed"program Debbie Raplee moved to recommend authorization of the application and placing the acceptance of the Washington Traffic Safety Commission mini-grant in the amount of $2,500.00 on the Consent Calendar for the December 12, 2006 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0, with Bob O'Brien's concurrence. 4. Department of Justice Weed and Seed Program- AUTHORIZE Chief Steve Strachan explained the purpose of the grant application and the proposed use of funds. Debbie Raplee moved to recommend authorizing the Kent Police Department to apply for the Department of Justice Assistance FY2007 grant in the amount of$1 million dollars. The motion was seconded by Ron Harmon and passed 3-0, with Bob O'Brien's concurrence. 5. Graffiti/Neighborhood Improvement—INFO ONLY Chief Steve Strachan gave an update on police department efforts against graffiti. He spoke about the proposal of a rental licensing initiative that would require the management of rental housing units (apartments)to pre-screen applicants and enforce their lease requirements in an effort to ensure community safety Updates will be brought to the Committee in 2007 as the initiative is developed 6. Police Department Mission Statement and Strategic Plan update—INFO ONLY Chief Steve Strachan noted that an ad-hoc committee is finalizing a draft that will be presented to the Committee at the January meeting. The meeting adjourned at 5:28 PM. Jo Thompson IPublic Safety Committee Secretary PUBLIC WORKS COMMITTEE MINUTES December 04, 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 5:08 p.m. ITEM 1- Approval of Minutes Dated November 6, 2006 Committee Member Harmon moved to approve the minutes of November 6, 2006. The motion was seconded by Clark and passed 3-0. tITEM 2-Public Hearing/General Const. Management Contract (GC/CM)-Events Center A Public Hearing on the general Construction Management Contract was held. Ted Kogita asked whether a performing arts center would be included and whether there is a contingency plan if the hockey team backs out. Brubaker noted that the building would be multi-functional and that concerts may be held there. Kogita suggested that a survey be taken using the King County Journal and Channel 21, and Raplee agreed to make that recommendation. Clark moved to recommend the city council adopt a resolution declaring the council's final determination to use the General Contractor/construction Manager alternative contracting procedure to design and construct the Kent Event's center, and direct the city attorney to draft the appropriate resolution for presentation to the city council at it's December 12, 2006, meeting. The motion was seconded by Harmon and passed 3-0. ITEM 3 - Information Only/Environmental Brochure Removed from Agenda, will be heard in January 2007. ITEM 4 - Surplus Vehicles Alice Conrad, Fleet Manager noted that the listed vehicles/equipment complies with current replacement policy guidelines and have been replaced. The equipment and parts will be sold or disposed as appropriate. Harmon moved to authorize staff to appropriately dispose of the equipment as described in this memorandum and listed below. The motion was seconded by Clark and passed 3-0. ITEM 5-Information Only/How Well is Public Works Performing Customer Service - Develooment Removed from Agenda, will be heard in January 2007. ITEM 6-Information Only/How Well is Public Works Performing Customer Service - Construction Removed from Agenda, will be heard in January 2007 ITEM 7 - Fund Authorization/East Valley Highway (841" Ave S) Tim LaPorte, Design Engineering Manager, gave a brief overview of the project and gave a brief 1 PowerPoint presentation; he went on to state, the City was successful in obtaining $2,224,892 in federal, Transportation Improvement Board and Washington State Department of Transportation grants. The agreement, in the amount of $130,528, is authorization for the design phase of the City's East Valley Highway Project. In order to be reimbursed for protect expenses, the City must accept the grant and authorize the establishment of the budget for the same and direct staff to spend the money accordingly. Clark moved to recommend Council accept the Federal grant for the Design Phase of the East Valley Highway Project in the amount of $130,528, establish a budget for the funds, direct staff to spend the money accordingly for said road improvement project, and authorize the Mayor to sign all necessary documents. The motion was seconded by Harmon and passed 3-0. Page 1 of 4 U\PWCommittee\Minutes\PWMinutes 12 04 06 doC PUBLIC WORKS COMMITTEE MINUTES December 04, 2006 ITEM 8 — Consultant Agreement/East Valley Highway (841h Ave S) Improvements_— from South 212th Street to State Rout 167 Tim LaPorte, Design Engineering Manager, gave a brief overview of the project he explained the City has traditionally hired the consultant experts in the areas listed as we do not have in-house experts in those disciplines. In programming ahead, having the authorization to hire the appropriate consultants needed in a timely manner will save months of time at crucial points in the project design/planning states and will help enable the project to proceed toward construction on schedule which will take about one year. Clark moved to recommend authorizing the Mayor to sign consultant services agreements for environmental engineering, geotechnical engineering, real property appraisal, property negotiations and traffic signal engineering for the East Valley Highway Improvements Project. The motion was seconded by Harmon and passed 3-0. ITEM 9 — Second Amendment to Commute Trip Reduction Agreement GCA4573. Steve Mullen, Transportation Engineering Manager, gave a brief overview of the Commute Trip Reduction Agreement. The state legislature passed the CTR Efficiency Act (ESSB 6566) on March 9, 2006. It was signed by the Governor on March 29. Washington State Department of Transportation is also developing administrative and measurement guidelines, as well as model plans to help jurisdictions develop their new CTR plans and programs. This Amendment awards $5,975 to the City to offset the additional costs incurred in rewriting its CTR plans and programs This is a one time allocation. Clark moved to recommend Council authorize the Mayor to sign the Second amendment to CTR Agreement GCA4573 between the Washington State Department of Transportation (WSDOT) and the City of Kent, upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 10 —Amendment No. 1 to Transit Service Agreement with KC Metro Transit Steve Mullen, Transportation Engineering Manager, said the Amendment extends the current Agreement for Route 918 another year, from February 2007 until February 8, 2008 It also specifies the operating costs for which the City will compensate the County during this period. Harmon asked if rider ship can be tracked to make sure this is a viable route. Mullen stated that the buses are frequently filled to seating capacity. Harmon asked that numbers be brought back at a later date. Clark moved to recommend Council to authorize the Mayor to sign amendment No. 1 to Transit Service Agreement (Route 918) between the City of Kent and King County, upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 11 - Bid/Water Treatment Chemicals/Univar USA. Inc. Dave Brock, Utility Engineer spoke on behalf of Brad Lake, Water Superintendent who was ill. Brock explained that the bid specifications allow the city flexibility to award one or more contracts depending on the low bid for each bid item or chemical. Univar was the low bidder for the sodium fluoride bid item. Funding will come from the 2007 Operating Budget. Harmon moved to recommend that Council award and authorize the Mayor to enter into a contract with Univar USA, Inc. in an amount not to exceed $27,000 for the 2007 Water Treatment Chemical Supply agreement for Sodium Fluoride. The motion was seconded by Clark and passed 3-0. Page 2 of 4 ' U1PWCommrtteelMmulw\PWMmutes 12040fi doe PUBLIC WORKS COMMITTEE MINUTES December 04, 2006 ITEM 12 - Bid/Water Treatment Chemicals/JCI Jones Chemical Inc. Dave Brock, Utility Engineer spoke on behalf of Brad Lake, Water Superintendent who was ill. Brock explained that Sodium Hypochlorite is use primarily as a disinfectant at a variety of city well sites. Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. He further explained that the bid specifications allow the city flexibility to award one or more contracts depending on the low bid for each bid item or chemical JCI Jones Chemical Inc. was the low bidder for the sodium hypochlorite and 25% sodium hydroxide bid items. Funding will come from the 2007 Operating Budget. Clark moved to recommend Council award and authorize the Mayor to enter into a contract with JCI Jones Chemical, Inc. in an amount not to exceed $81,471 for the 2007 Water Treatment Chemical Supply Agreement for 12.5% Sodium Hypochlorite and 25% Sodium Fluoride. The motion was seconded by Harmon and passed 3-0. ITEM 13 - Tacoma Second Suouly/Amendments Dave Brock, Utility Engineer spoke on behalf of Brad Lake, Water Superintendent who was ill. Brock summarized that the City entered into a partnership agreement with the City of Tacoma, Covington and Lakehaven Utility Districts for construction and operations of a Tacoma Water Second supply Project. The four (4) amendments submitted for approval are for: 1) Non Substantial Changes, add a preliminary amendment process, 2) Modify turnout meter locations; 3) Housekeeping, add exhibit H (Financing plan) and exhibit V (Dam Project agreement) to the partnership agreement; 4) Add maintenance and repair access agreement. Harmon moved to recommend the Council authorize the Mayor to sign the four amendments to the Tacoma Second Supply Project Partnership Agreement, upon concurrence of the language therein by the City attorney and Public Works Director. The motion was seconded by Clark and passed 3-0. ITEM 14 - Information Only/Public Works Grade and Fill Coordination Larry Blanchard, Public Works Director stated that he is working on modifications to sections of the Public Works Standards. One of the areas is the Grade and Fill section; an outline will be forthcoming in January or February 2007. Another area that needs modification is Codes & Standards due to inconsistencies. Committee members would like to see Streetscapes, grade and fill and retention/detention looked at and brought back to the committee. Blanchard will let the committee know in January 2007, when these items will come back to them. ITEM 15 - Establish Public Works Committee Meetings in December and January: Committee members decided the December 18, 2006 Public Works Committee would be cancelled and that the January dates of the next two Public Works Committee meetings would be as follows (please note time change for January only): January 08, 2007 from 4.00 - 5:00 p.m. January 22, 2007 from 4:00 - 5:00 p.m. I Page 3 of 4 O TWCommmeelMmutes\PWMmules 12 04 06 doe PUBLIC WORKS COMMITTEE MINUTES December 04, 2006 UPDATES: Speed Study on 114th Avenue SE — Another study to be conducted. Mullen to bring back results from speed studies and recommendation regarding speed limits on 114th Avenue SE, at first meeting in January. 271" Speed Humps — On hold until weather permits. Adiourned: The meeting was ad3ourned at 5:50 p.m. Next Meeting Scheduled for: ! Monday, January 08, 2007 at 4:00 p.m., due to the Holiday January 1, 2007. Cheryl Viseth, Public Works Committee Secretary i I i t Page 4 of 4 U IMVCammuteeNlmuteslPWlvfinutes 12 04 06 doc CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION i ACTION AFTER EXECUTIVE SESSION 1 t i i