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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/03/2007 1 MENEM Ceity of Kent t CityCouncil Meeting �E Agenda . e t July 3, 2007 Mayor Suzette Cooke i Deborah Ranniger, Council President t Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas • .Ii KENT ` ° ' ' WA3HINGT0N ` City Clerk's Office KENT CITY COUNCIL AGENDAS \-Z K E N T July 3, 2007 -- w^s�1�G T C N Council Chambers ' MAYOR: Suzette Cooke COUNCILMEMBERS. Deborah Ranmger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP CANCELLED SPECIAL COUNCIL MEETING AGENDA 5:30 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 Introduction of Appointees 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. TCA Architecture Consulting Services Contract for Kent Police/Fire Training 1 Center Expansion—Authorize D. Revised 2007 City Art Plan and 2007-2011 Five Year City Art Plan—Approve E. Town Square Park Artist Agreement— Authorize F. Turnkey Park Master Plan —Approve G. Kent Downtown Partnership Donation for Hanging Basket Program—Accept H. King County Interagency Agreement, Kent Events Center Floodplain Mitigation Amendment—Authorize I. Drainage Master Plan Consultant Contract—Authorize J. Kent Russell Road Operations Center Architectural Contract—Authorize K. National Barricade Trailer Mounted Variable Message Signs Contract—Authorize (Continued) SPECIAL COUNCIL MEETING AGENDA CONTINUED L. Commute Trip Reduction Agreement—Authorize M. Washington State Department of Transportation Safe Routes to School Grant— Accept, Authorize and Amend Budget N. LEOFF I Disability Board Appointment—Confirm O. Bicycle Advisory Board Appointment—Confirm 7. OTHER BUSINESS None 8. BIDS IA. 2007 Asphalt Chip Seal 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation 12. ADJOURNMENT 1 i 1 I 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 Lweb 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 Iat 1-800-833-6388. 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City Council Action ' Councilmember'/C.CIpw' moves, Councilmember seconds to approve Consen Calendar Items A through er l� Discussion ,C]O ' Action AA 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 19, 2007. ' 6B. Approval of Bills. Approval of payment of the bills received through May 15 and paid on May 15 after auditing by the Operations Committee on June 5, 2007 ' Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/07 Wire transfers 2836-2853 $1,635,135.30 5/15/07 Regular 607625-608093 3,172,944 69 Use Tax Payable 1,941.74 $4,810,021 73 ' Approval of payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 5, 2007. Approval of checks issued for vouchers: Date Check Numbers Amount 5/31/07 Wire transfers 2854-2874 $1,598,192.68 5/31/07 Regular 608094-608732 3,374,927.95 5/31/07 Void Checks (13,025 04) Use Tax Payable 6,363.76 ' $4,966,459.35 (Continued on back) 6B. Approval of Bills. Approval of payment of the bills received through June 15 and paid on June 15 after , auditing by the Operations Committee on June 19, 2007. Approval of checks issued for vouchers- Date Check Numbers Amount 6/15/07 Wire transfers 2875-2893 $1,930,290 62 6/15/07 Regular 608733-609274 1,952,388 84 6/15/07 Void Checks (38,720 48) Use Tax Payable 2,12639 $3,84605 37 Approval of checks issued for payroll for May 1 through May 15 and paid on May 18, 2007: Date Check Numbers Amount 5/18/07 Checks 297588-297907 $ 242,367 14 5/18/07 Advices 213185-213891 1,346,868.98 Total Regular Payroll $1,589,236.12 Approval of checks issued for payroll for May 16 through May 31 and paid on June 4, ' 2007: Date Check Numbers Amount 6/4/07 Checks 297908-298235 $ 238,734.64 6/4/07 Advices 213892-214600 1,383,17142 Total Regular Payroll $1,621,906.06 Council Agenda ' Item No. 6 A-B 7" Kent City Council Meeting ICEN June 19 2 U/NSHINGT.'JN , 007 I The regular meeting of the Kent City Council was called to order at 7:00 p m. by Mayor Cooke. Councilmembers present Albertson, Clark, Harmon, O'Brien, Ranmger (who arrived at 7.45 p m), Raplee and Thomas. (CFN-198) ' CHANGES TO THE AGENDA A From Council, Administration or Staff. (CFN-198) CAO Hodgson added Public Communications Item F. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke recognized the recent the death of Iry Hamilton, who served as the Kent Cornucopia Street Fair Chairman, on the City Council in 1980- 1981, on the City's Planning Commission, and was a member of the Kent Lions Club B. Community Events. (CFN-198) Raplee announced the following upcoming events. Aquatics/Recreation Center Survey, Creative Artspace Gallery Opening, Boomer Blast, Lake Meridian Beach Park Opening, Summer Playground Program, and Fourth of July Splash Mayor Cooke added a Custom Hot Rod and Motorcycle Rally to benefit Police Officer Greg Duffin. ' C. Introduction of Appointee. (CFN-198) Mayor Cooke introduced Jack Beevar, her appointee to the King County Landmarks and Heritage Commission. D. Neighborhood Council Recognition Presentation. (CFN-1304) Neighborhood Council Program Coordinator Tom Azzola announced four new neighborhood councils and introduced representatives from each. E. Public Safety Report. (CFN-122) Police Chief Strachan outlined statistics for May, gave an update on the Neighborhood Response Team, and noted that After Action Reports on the recent Child Safe 2008 exercise involving the Police Department, the Fire Department, Emergency Management, the Kent School District and many volunteers are being developed and will be provided at a later date. He noted that the Police Department has received a national award for their National Night Out program, and Public Education Specialist Judi Mauhl explained the program and invited all to participate Police Officer Shawn Smith was then sworn in by Mayor Cooke The Life Saving Medal was presented to Sgt Brian Jones for saving the life of a 7-week-old infant, and Officer Tom Reiner was given the Chiefs Award for Professional Excellence for his work relating to street racing Council President Ranmger arrived at this point (7.45 p.m.). (CFN-198) ' F. Economic Development Report. (CFN-198) Ben Wolters announced that Kvichak Marine Industries will soon make Kent home to it's new boat building facility PUBLIC HEARINGS A 2008-2013 Six-Year Transportation Improvement Program. (CFN-164) This date has been set for the public hearing on the Six-Year Transportation Improvement Program. Project 1 Kent City Council Minutes June 19, 2007 , No. 17, South 2241h Street Extension, was modified since the Public Works Committee approved inclusion of a three-lane option and a five-lane option. ' Cathy Mooney, the City's Senior Transportation Planner, gave a brief explanation of the program, summarized the changes made since last year's program, and outlined some of the funding sources ' and railroad grade separations Mayor Cooke opened the public hearing Gene Bremner, 10502 SE 216`h Street, noted that his neighborhood is opposed to Project No. 17 and asked the Council to consider relocating the project to SE 208`h or 212`h Daniel Parks, 21647 98`h Avenue S , requested that Project No 17 be removed from the Transportation Improvement Program for safety, property value and ecological reasons Pamela Knight, 21620 99`h Avenue , South, said Project No. 17 should be eliminated or diverted, as it will be harmful to the neighbor- hood and environment. Although not contained in the Transportation Improvement Plan, Sandy Peluso, 5520 S 237`h Place, expressed concern about the effect of the Events Center traffic on James Street, and was referred to the Public Works Director , Mooney explained options available for Project No. 17 and pointed out that being included in the Transportation Improvement Plan does not guarantee a project will be built. Raplee moved to close the public hearing. Harmon seconded and the motion carried Ranmger noted that if Project No 17 were pursued, additional options could be considered, and said that flooding and erosion problems need to be dealt with Raplee moved to adopt Resolution No 1761 which adopts the City's 2008-2013 Six-Year Transportation Improvement Program Harmon seconded O'Brien reiterated his concern about the location of grade separations, and Clark stated , that it is not the Council's intent to make South 224`h a five-lane road, and opined that it is not safe to leave it as it is Harmon's motion then carried. CONSENT CALENDAR , Ranmger moved to approve Consent Calendar Items A through X, with the exception of Item D, her excused absence from tonight's meeting. Clark seconded and the motion carried. ' A. Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of June 5, ' 2007, were approved. B Approval of Bills. (CFN-104) Payment of the bills received through April 30 and paid , on April 30 after auditing by the Operations Committee on May 15, 2007, were approved. Approval of checks issued for vouchers: , Date Check Numbers Amount 4/30/07 Wire Transfers 2821-2835 $19274,628 30 4/30/07 Regular 307034-307624 3,325,608.34 Use Tax Payable 1,700.18 $4,601,936.82 2 ' Kent City Council Minutes June 19, 2007 ' Approval of checks issued for payroll for April 1 through April 15 and paid on April 20, 2007: Date Check Numbers Amount 4/20/07 Checks 296989-297278 $ 230,493.22 4/20/07 Advtces 211778-212481 1,328,282 79 Total Regular Payroll $1,558,776 01 Approval of checks issued for payroll for April 16 through April 30 and paid on May 4, 2007: Date Check Numbers Amount 5/4/07 Checks 297279-297587 $ 227,084 79 5/4/07 Advtces 212482-213184 1,335,074.31 Total Regular Payroll $11562,159 10 C. King County Landmarks and Heritage Commission Appointment. (CFN-822) The Mayor's appointment of Mr Jack Becvar to serve as Kent's representative to the King County Landmarks and Heritage Commission was confirmed His appointment will begin on July 1, 2007, and will continue until June 30, 2010. E. Emergency Management Performance Grant. (CFN-122) The Emergency Management Performance (EMPG) Grant in the amount of$61,636 was accepted and the Mayor was authorized to sign all necessary grant documents This grant is from the Washington Military Department to enhance local budgets through the Federal Emergency Management Agency (FEMA). ' F. Premera Blue Cross Contract. (CFN-147) The Mayor was authorized to sign the Premera Blue Cross 2007 administrative contract. The contract reflects a 10% increase in administrative fees. G Group Health Contract. (CFN-147) The Mayor was authorized to sign the 2007 Group Health Cooperative of Puget Sound contract for the City's insured HMO plan. The contract ' reflects an approximate 7% increase in the health care premiums. H Flexoass Program Agreement 2007-2008. (CFN-171) The Mayor was authorized to sign the CTR-FlexPass Program Agreement for -2 007-2008 This agreement between the City, King County, Sound Transit, and Pierce Transit makes available a comprehensive transportation pass to 405 regular benefited employees I. Washington Economic Development Finance Authority Resolution. (CFN-825) Resolution No 1762 approving The Plitt Company's use of state Economic Development Finance ' Authority non-recourse revenue bonds was adopted. The Plitt Company will use these funds to acquire and rehabilitate an existing seafood processing plant at 22613 —76t' Avenue South in Kent. J. Neighborhood Council Program Resolutions. (CFN-1304) Resolution Nos 1763, 1764, 1765, and 1766 which recognize the Arbor Village, Autumn Glen, Lake Meridian, and Salt Air ' 3 Kent CityCouncil Minutes , June 19, 2007 Hills Neighborhood Councils, support their community building efforts, and confer all ' opportunities offered by the City's Neighborhood Program, were adopted. ' K. Lang Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Lang Short Plat for 372 linear feet of storm sewer line, 1 storm filter, and 4 catch basins was accepted. The project is , located at 27626 -145`h PL SE. L. Ridge At Garrison Creek Bill of Sale. (CFN-484) The Bill of Sale for the Ridge at Garrison Creek Plat for 3 watermain gate valves, 2 hydrants, 594 linear feet of watermain, 1,190 linear feet of sanitary sewer, 9 sanitary sewer manholes, 617 centerline Linear feet of streets, 3 storm manholes, 18 catch basins, 35,000 cubic feet of detention pond storage, and 1,293 linear feet of storm sewer line was accepted. The project is located at 22821 — 100`h Ave SE. M Burkhardt Sewer Main Extension Bill of Sale. (CFN-484) The Bill of Sale for the Burkhardt Sewer Main Extension for 314 linear feet of sanitary sewer, 2 sanitary sewer manholes, and 620 centerline linear feet of streets was accepted. The project is located at 24439— 109"' PL SE. , N. Cantera Bill of Sale. (CFN-484) The Bill of Sale for the Cantera Plat for 2,850 linear feet of sanitary sewer, 19 sanitary sewer manholes, 2,754 centerline linear feet of streets, 4,565 linear feet of storm sewer line, 33 manholes, 26 catch basins, and 166,191 cubic feet of detention pond storage was accepted. The project is located at 27864— 124"' Ave SE O. Aces Acre/Smith Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Ace's Acre/ Smith Short Plat for 338 linear feet of watermain, 5 gate valves, 2 hydrants, 1,226 linear feet of sanitary sewer, 2 sanitary sewer manholes, 338 centerline linear feet of streets, 1,007 linear feet of , storm sewer line, 4 manholes, 12 catch basins, and 21,075 cubic feet of detention pond storage was accepted The project is located at 22235 —94`h Ave SE P. Singh Residence Bill of Sale. (CFN-484) The Bill of Sale for the Singh Residence for 289 ' linear feet of storm sewer line, 1 manhole, and 3 catch basins was accepted The project is located at 25210—45"' PI SE. Q. PNW Equipment Bill of Sale. (CFN-484) The Bill of Sale for PNW Equipment for 100 linear feet of watermain and 1 gate valve was accepted. The project is located at the southwest corner of 78"' Ave S. and S 200`h St. R. West Valley Highway (d 212th, Phase II Bill of Sale. (CFN-484) The Bill of Sale for West ' Valley a; 212"', Phase II for 515 linear feet of watermam, 2 gate valves, 3 hydrants, 142 linear feet of sanitary sewer, and 2 manholes was accepted The project is located at the northwest comer of , West Valley and S 212"' St. S. Valley Civil Disturbance Unit Interlocal Agreement. (CFN-122) The Mayor was authorized to sign the Valley Civil Disturbance Unit Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and the Federal Protective Service, for the creation of the Valley Civil Disturbance Unit (Valley CDU), upon approval of the terms and conditions by the City Attorney. 4 Kent City Council Minutes June 19, 2007 T. Ellis Rezone Decision Resolution. (CFN-121) Resolution No 1767 affirming Council's vote taken on June 5, 2007, which denied the rezone application for real property located at 12824 SE 256"' Street 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 The motion authorizing this resolution passed by a vote of six council members in favor, with Councilmember O'Brien opposed, and the record on this resolution reflects the same U Heritage Lakeland Final Plat. (CFN-1272) The Final Plat mylar for Heritage Lakeland was approved and the Mayor was authorized to sign the mylar. Bennett Sherman, LLC , proposes to subdivide approximately 9.61 acres into 55 single-family residential lots The property is located ' at 10506, 10520, and 10624 SE 272nd Street. V. King Countv Police Chiefs and Regional Automated Information Network(RAIN) Agencies Memorandum of Understanding. (CFN-122) The Mayor was authorized to sign the Memorandum of Understanding between King County Police Chiefs and Regional Automated Infornlation Network(RAIN) participating agencies, upon approval of terms and conditions by the ' City Attorney The Memorandum of Understanding allows RAIN participating agencies to acquire and implement NetMotion Wireless Mobility software products and service hardware to support mobile connectivity to essential law enforcement databases. W. Donation from Target. (CFN-104) A donation from Target in the amount of$800 was accepted The funds will be used toward the purchase of T-shirts to be used for the National Night Out event on August 7, 2007. X. Animals In Residential Districts Ordinance. (CFN-121) Ordinance No 3844 which amends the Kent City Code to permit the keeping of domesticated animals and domesticated fowl in all zoning districts within the City, subject to specified limitations, was adopted ' OTHER BUSINESS A Kent Events Center Special Use Combining District. (CFN-1305) The proposed ordinance relates to an application received by the City for a Special Use Combining District to allow construction of a multipurpose regional events center at 625 W James. The City Attorney explained the special use combining district and the quasi-judicial process, and determined that ' there have been no ex-parte contacts by Councilmembers. Charlene Anderson, Planning Manager, explained the project and pointed out the location She stated that the Hearing Examiner has recommended approval with conditions, and that the proposal was reviewed under the design review guidelines and was approved with conditions. She outlined the conditions and other concerns which have been addressed Staff then answered questions from Councilmembers concerning water retention, lighting, parking, traffic, types of events, athletic fields, and secondary access. Harmon moved to accept the Findings, Conclusions and Recommendations of the Hearing Examiner on the Special Use Combining District application for the Kent Events Center and to adopt Ordinance No, 3845. Albertson seconded and the motion carved with O'Brien abstaining. 5 Kent City Council Minutes June 19, 2007 BIDS ' A. East Hill Operations Center Site Grading. (CFN-1038) The bid opening for this project was held on June 61 2007, with seven bids received. The low bid was submitted by Scarsella Brothers, Inc. in the amount of$938,543.22. The Engineer's estimate was $1,010,918 70 Raplee moved to award the contract on the East Hill Operations Center Grade and Fill Project to Scarsella Brothers, Inc., in the amount of$938,543 22 and to authorize the Mayor to sign all necessary documents. Harmon seconded Upon Harmon's request, the Public Works Director gave an overview of the project, after which the motion carried. , B. Lake Meridian Outlet Water Main and Sanitary Sewer Relocation. (CFN-1038) The bid opening for this project was held on June 12, 2007, with one bid received The low bid was , submitted by Marine Vacuum Services in the amount of$89,962 29. The Engineer's estimate was $81,740.34 Raplee moved to award the contract on the Lake Meridian Water & Sanitary Sewer Relocation project to Marine Vacuum Services in the amount of$89,962 29 and to authorize the ' Mayor to sign all necessary documents. Harmon seconded and the motion carried. C. Upper Meridian Valley Creek Culvert Replacement at SE 234th Street. (CFN-1038) The bid opening for this project was held on June 12, 2007, with five bids received The low bid was submitted by Pivetta Brothers in the amount of$332,811.47. The Engineer's estimate was S315,562.26 Raplee moved to award the contract on the Upper Meridian Valley Creek Culvert Replacement at SE 234th Street to Pivetta Brothers in the amount of$332,811 47 and to authorize the Mayor to sign all necessary documents. Harmon seconded and at his request, the Public Works Director explained the reason for replacing the culvert. The motion then carried. D. 2007 Asphalt Overlays. (CFN-103) The bid opening for this project was held on June 12, 2007, with four bids received. The low bid was submitted by Icon Materials in the amount of ' $1,614,933.20 The Engineer's estimate was $1,840,301.90. Raplee moved to award the contract on the 2007 Asphalt Overlays to Icon Materials in the Amount of$1,614,933.20 and to authorize the Mayor to sign all necessary documents. Harmon seconded At Harmon's request, the Public ' Works Director outlined the projects included. The motion then carried. E 2007 Water Main Replacement. (CFN-1186) The bid opening for this project was held on June 12, 2007, with one bid received. The low bid was submitted by Reed Trucking & Excavating in the amount of$235,920 14. The Engineer's estimate was $230,395.44. Raplee moved to award the contract on the 2007 Water Main Replacements to Reed Trucking& Excavating in the amount of$235,920.14 and to authorize the Mayor to sign all necessary documents Harmon seconded and the motion carried. ' F. Lake Meridian Boat Launch Improvements. (CFN-118) The bid opening was held on Tuesday, June 12, 2007, with two (2) bids received. The apparent low bid was submitted by Quigg Bros , Inc for the amount of$304,721.00, excluding Washington State Sales Tax (WSST) The Engineer's estimate is $266,000 00, excluding WSST. Ranniger moved to authorize the Mayor to sign all documents for the Lake Meridian Boat Launch project and to enter into an agreement with Quigg Bros., Inc. for the amount of$304,721 00, plus Washington State Sales Tax. Harmon seconded At Harmon's request, Parks Director Watling explained the project, after which the motion carried , 6 ' Kent City Council Minutes June 19, 2007 REPORTS Council President. (CFN-198) Ranniger explained her late arrival at tonight's meeting. Mayor. (CFN-198) Mayor Cooke announced that the City's website will contain the meeting times of the Neighborhood Councils, that the Parks Department has received a grant from the Kent Community Foundation for Arts, and that she has been representing the City's interests before the Regional Transportation Investment District(RT1D) Board and Sound Transit 2. She added that she recently attended the AWC Conference in Tacoma. Operations Committee. (CFN-198) Clark reminded the Council of the Suburban Cities ' Association quarterly dinner next week. Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will meet at 5.00 p in on Thursday, June 21. PlanninE and Economic Development Committee. (CFN-198) No report was given. Public Safety Committee. (CFN-198) No report was given. ' Public Works Committee. (CFN-198) No report was given. Administration. (CFN-198) Hodgson announced that the July 3'd Council meeting will be held at 5.30 p in. and that there will be no workshop that night Hodgson noted that there will be no Executive Session tonight. ' Hodgson reported that attorneys are working diligently to get the Events Center situation addressed, that construction is expected to begin in mid-July, and that work is being done to get funds from Amiga in escrow well in advance of construction. City Attorney Brubaker gave an update on Project Springboard and the parking garage, noting that the City's position is solid and unquestioned He said there have been a number of developers who have expressed an interest in taking over the project. ADJOURNMENT The meeting adjourned at 9.15 p.m (CFN-198) Brenda Jacober, CMC City Clerk 7 Kent City Council Meeting Date July 3, 2007 Category Consent Calendar 1. SUBJECT: TCA ARCHITECTURE CONSULTING SERVICES CONTRACT FOR KENT POLICE/FIRE TRAINING CENTER EXPANSION — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with TCA Architecture Planning in the amount of$30,000 to develop an operational program and construction cost estimate for the expansion of the existing Police/Fire Training Center located at 2461 1 116th Avenue SE. The funding will come from a budgeted project F20067. 3. EXHIBITS: Contract 4. RECOMMENDED BY: Parks Director & Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION: Council Agenda Item No 6C 5 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone 253-856-5100 \S:r K E N T Fax: 253-856-6050 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 June 19, 2007 TO: Kent City Operations Committee FROM: Charles Lindsey, Superintendent of Facilities Management THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Contract for Consulting Services for Kent Police/Fire Training Center Expansion MOTION: Move to recommend Council approve and authorize the Mayor to sign the Consultant Services Agreement for TCA architecture planning. SUMMARY: This Agreement is to develop an operational program and construction cost estimate for the expansion of the existing Police/Fire Training Center located at 24611 116`h Ave. S.E. EXHIBITS: Memo/Scope of Services and Fees/Contract BUDGET IMPACT: $30,000 impacts protect number F20067 I 6 • KENT Y'/AS MIMOTOM CONSULTANT SERVICES AGREEMENT between the City of Kent and TCA architecture planning THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TCA architecture planning organized under the laws of the State of Washington, located and doing business at 6211 Roosevelt Way Northeast, Seattle, Wa. 98115, Richard Youel, 206-522- 3 8.3 0,(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: Kent Police/Fire Training Center Expansion services to develop an operational program and construction cost estimate for the expansion of the exisitng Police/Fire Training Center located at 24611 116`h Ave SE Kent, Wa. in accordance with the proposal dated May 1, 2007, which is attached and incorporated as Exhibit A. I 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 90 Days. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty - thousand dollars plus reimbursables ($30,000) 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$10,000) payment within forty-five (45) days of receipt of an invoice If the City objects td 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-1 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 Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of� Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrativell 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 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 EXPF FSSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF1 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 S10,000) IX. EXCHANGE OF INFORMATION. The City will provide its best efforts 8to provide I 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 1 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 IXI. 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 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 Iaws 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 attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provide d, 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 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. Assigninent. Any assignment of this Agreement by either party without the written"consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms ' of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall 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 any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: (signature) (signature) Print Name: /*^ i.a ^/ 1-/,A!j /L/Z/ S Print Name. Suzette Cooke Its f'nFS / E ^ 7- Its Mayor (Title) (Title) DATE: S"• `2 • 0 7 DATE. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Richard Youel Charles (Charlie) Lindsey Facilities Supervisor TCA architecture planning City of Kent 6211 Roosevelt Way NE 220 Fourth Avenue South I oeat ,c, Washi_gton noot15 Kent `..7AOW)II ,3L VV , I� 206-522-3830 (telephone) (253) 856-5081 (telephone) 206-522-2456 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT-4 ' (Over $10,000) 11 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 jThe 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. 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. i5. 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 IBy signing below, I agree to fulfill the five requirements referenced above. Dated this 7 ' day of 11o% , 200 7 By: /Z S For: 7`G q A%-� c-t-,/ 4!5 j7d �+- Title: Date: q = 0 EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT 12 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. I. 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 13 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT 1 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 'Tir .A7 .q ftCN/"T�z%'Ty/I Gomm na y, hereby acknowledge and declare that the before-mentioned comp-my was the prime contractor for the Agreement I known as that was entered into on the g Ae% , 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. i 1 Dated this day of 9200 By: "A-10� / S For: 7-:E-C 7-" ^-,5- Title: "/Z�S i J F'-�T ' Date: T ' c7 o 77 i i EEO COMPLIANCE DOCUMENTS-3 y�C_L !/ o T A architecture . planning SCOPE OF SERVICES Architectural and Engineering Design Services Kent Police/Fire Training Center Expansion A. PROJECT UNDERSTANDING The City of Kent, Washington is contracting for services to develop an operational program and construction cost estimate for the expansion of the existing Police/Fire Training Center Expansion at 24611 116'"Avenue SE, Kent, WA TCA together with its engineering and cost estimating subconsultants will work with City of Kent staff to determine an operational program to establish the current and future needs of the Training Center, to design a conceptual building and site layout and provide a construction cost estimate for the anticipated work in 2008 dollars Report to be submitted by July 15, 2007 B. FEE APPROACH & BASIS Tasks 1-6 (see C Description of Service by Phase) The base architectural and engineering fee is for the tasks outlined under C. Description of Basic Services by Task. Engineering services included in the basic service fee include consultation with the following subconsultant disciplines Civil Engineering Structural Engineering Mechanical Engineering Electrical Engineering Landscape Architect Cost Estimating Base fee: Fee not to exceed $30,000 plus reimbursable expenses Reimbursable Expenses: See attached exhibit A Consultants retained by City of Kent with TCA assistance: Land Surveying-critical areas Owner Supplied Geo-technical Services $ allowance to be determined Wetland Ecologist $ allowance to be determined C. DESCRIPTION OF BASIC SERVICES BY TASK ' TASK 1: Initial meeting and Project Orientation • Establish protect administration, roles, protect representatives, key people, decision making authority • Review goals, policies and objectives • Review pertinent regulations and standards • Determine end product requirements • Develop overall project strategy and timeline 15 TASK 2: Establish Baseline Review existing physical facilities used for Training • Establish zoning and building code restraints • Establish site restraints such as wetlands setbacks or limiting soils conditions • Review current policies, practices and staffing for Police Training Review current policies, practices and staffing for Fire Training • Review areas of current Point use and areas of independent exclusive use Establish zoning and building code restraints TASK 3: Program Operational Needs Police - conduct an operational needs analysis for current and future needs • Fire - conduct an operational needs analysis for current and future needs • Describe and diagram individual space or area needs Review areas of overlap, integra:,on and joint use TASK 4: Diagram Conceptual Building Layouts • Combine established space requirements into diagrammatic budding and site use layouts • Review advantages and disadvantages of options to determine the preferred layout • Refine the preferred option with schematic exterior elevations, building massing and material options to the extent required for cost estimating iTASKS: Estimate Construction Cost • Estimate the building, site and equipment cost for the preferred option in 2008 dollars TASK 6: Prepare the Report • Review and summarize the program, conceptual design and cost information • Adjust any areas as needed • Assemble the program, design and cost information into booklet form and submit i i i i f 1 16 T A � architecture a planning FEE SCHEDULE- EXHIBIT A A. ADDITIONAL SERVICE FEES AND REIMBURSABLE EXPENSES Additional service fees and reimbursable expenses are based on the following conditions unless otherwise noted 1. HOURLY RATE SCHEDULE* Professional Services Principal Architects $135 00 per hour Protect Aichitect $110 DC per hour Technical Services Project Manager $110 00 per hour Job Captain $95 00 per hour Specification Writer $110 00 per hour Technician/Drafter $85 00 per hour Administration/Clerical $65 00 per hour *Hourly rates may be adjusted on a annual basis per federal statistics on cost of living (revised wage earner) Includes for the Seattle area 2. REIMBURSABLE EXPENSES Reimbursable expenses wi(I Include all expenses incurred during the course of the work not identified as basic service Consultant Services (not Included in basic service) Cost plus 15% Printing/Photography Photocopies(8 '/2 x 11) $0 10 Photocopies(11 x 17) $0 10 Plots/Large (24 x 36 & 30 x 42) $8 00 Photography (film & prints) Reproductions Cost plus 15% Communications Outgoing Faxes (long distance) $1 00/page Long distance telephone Cost plus 15% Delivery/Postage Cost plus 15% Travel Auto '/z hourly rate plus mileage billed at federal reimbursement rate A t/ ly 1 lun K lr iz h3Ui role, plus oil late Other Professional liability insurance 1 5% of TCA fees Invoiced Miscellaneous (as authorized) Cost plus 15% B. TERMS Billings are payable on the date submitted and are considered to be delinquent 30 days from invoice date unless otherwise agreed to A finance charge of 15%APR will be added to past due accounts commencing from the date payment is due 6211 Roosevelt Way Northeast e Seattle, WA a 98115 Voice. (206) 522-3830 a Fax (206) 522-2456 e E-mail office@tca-inc.com e Web www tco-Inc corn C WD meals wW SellmgsXchmiseylmal SeninSkTeO"mry Inlemel Fees10LK50CQW7 Fee ScheClule O 17 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 1 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. 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 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 11 85 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. 18 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 Citf 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 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. ACORD DATE TM CERTIFICATE OF LIABILITY INSURANCE 05108/20007 PRODUCER Phone (360)588-3700 Fax (360)598-3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MICHAEL J HALL&COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HALL&COMPANY HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 19578 1 DTH AVENUE N.E. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW POULSBO WA 98370 INSURERS AFFORDING COVERAGE NAIC# Agency LlcM 91-1461089 INSURED INSURER A ST PAUL FIRE&MARINE INS CO. TCA ARCHITECTURE PLANNING,INC,P S INSURER B 6211 ROOSEVELT WAY NE INSURER C SEATTLE,WA 98115 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADOL TYPE OF INSURANCE POLICY NUMBER PDI ICY EFFHQNE POLICY EXPIRATIOI. LIMITS LTR INSRD DATE MMIMNY DATE MMIDDIYY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGETORENTED $ PREMISES Ta ADE occurena) CLAIMS M OCCUR MED EXP(Anyone Person) $ PERSONAL&ADV INJURY Is GENERAL AGGREGATE is GENL AGGREGATE LIMITAPPLIES PER PRODUCTS-COMPIOP AGG $ POLICY JET n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea acodera) $ ALL OWNED AUTOS BODILY $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per aceldenl) $ PROPERTY DAMAGE $ I(Per acaldeni) I GARAGE LIABILITY AUTO ONLY-EA ACCIDENT �$ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG IS EXCESS I UMBRELLA LIABILITY '', 'I EACH OCCURRENCE 1$ OCCUR 7]CLAIMS MADE AGGREGATE $ ` $ DEDUCTIBLE $ RETENTION$ }$ IWORKERS COMPENSATIONAND ( IWCSTATU OTHER EMPLOYERS LIABILITY EL EACH ACCIDENT $ ANY PROPRIETOIUPARTNER )(ECUINE — - OFFICERIMEMBEREXCLUDEDT EL DISEASE-EA EMPLOYEE I$ I K Ws d.AL PROVISIONS unOsr SPECIAL PROVISIONS Gloa rE LDISEASE-POLICY LIMIT J$ OTHER PROFESSIONAL LIABILITY QP03807911 I 0110110T 01/01/08 i$1,000,000 PER CLAIM A POLICY $2,000,000 AGGREGATE CLAIMS MADE FORM DESCRIPTION OF OPERATIONS/LOCATIONSPJEHICLESIEXCL'U'SIONS ADDED BY E:DORSEMENTI SPECIAL' OPOVISIONS 1 RE Police/Fire Training Center Expansion CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 24611 116th Avenue SE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE Kent,Washington 98030 TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER IT'S AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE !T Attention_ Charlie Lindsey "//,-4-4zshley L Nurd ACORD 25(2001/08) Certificate# 55505 0 ACORD CORPORATION 1988 05/30/2007 16:55 FAX 541 2968932 HUDbUN lNb Ac.LlNks z _ _ NHbt 5 POLICY DECLARATIONS EXTENSION 20 NAMED INSURED, TCA ARCHITECTURE PLANNING INC POLICY NUMBER 02-BO-890279-8 ADDL INSD-DESIGNATED PERSON ADDL INSD-DESIGNATED PERSON CITY OF KENT CITY OF SEATTLE PREMISES003 24611 116TH AVE SE PREMISES003 EXECUTIVE SERVICES DEPT KENT, WA 98030 ATTN: CITY RISK MANAGER 600 4TH AVE #103 SEATTLE, WA 98104 ADDL INSD-DESIGNATED PERSON ADDL INSD-DESIGNATED PERSON ARAI JACKSON ELLISON MURAKAMI THE CITY OF SEATTLE PREMISES003 ARCHITECTURE PREMISES003 RISK MANAGEMENT DIVISION 2300 SEVENTH AVE FLEETS & FACILITIES SEATTLE, WA 98121 PO BOX 94689 SEATTLE, -WA 98124 i i r r i i r PA."PNt NT007 AN34A007S U5/3U/LUU7 1b.54 PAX 541 2968932 HUDSON INS AGENCY litl002 j - Insurance 21 NAMED INSURED EXTENSION PAGE 2 AMERICAN ECONOMY INSURANCE COMPANY SEATTLE, WASHINGTON POLICY NUMBER: 02—BO-890279-8 The following Is a complete list of the named Insureds TCA ARCHITECTURE PLANNING INC P S THE COCHRAN ASSOCIATES, INC. , ' P.S . (INACTIVE) THE COCHRAN ASSOCIATES (INACTIVE) DONALD C COCHRAN DBA THE COCHRAN ASSOCIATES ( INACTIVE) RIDENOUR AND COCHRAN, A. I .A. (INACTIVR) l I � I I 1 _ I 9-BP (1180) COMPANY USE ONLY o ADDLNAMINS089461 Sateca and the Safety loon are replehred tradmiarks of Safeee Corporalloa NORTHWEST 60 (SHAATK) PREPARED 05-21-07 (NICLUK) �'i 05/30/2007 16 53 FAA 541 2968932 HUDSON INS AGENCY It 001 """"SEATTLE, INSURANCE COMPANY ���!-x�.Ira #�� SEATTLE, WASHINGTON ULTRA OFFICE POLICY 22 c N ALA ED TCA ARCHITECTURE PLANNING INC AMENDED DECLARATIONS INSURED p S EFFECTIVE: 05-08-07 AND MAILING 6211 ROOSEVELT WAY NE POLICY NUMBER 02-BO-890279-8 ADDRESS SEATTLE, WA 98115 RENEwaLDF 02-HO-890279-7 01-82 SEE NAMED INSURED EXTENSION AGENT HUDSON INSURANCE AGENCY,INC NAME PO BOX 1940 AND POLICY PERIOD FROM 01-01-07 TO 01-01-06 1201AM ADDRESS THE DALLES, OR 97058 STANDARD TIM E AT YOUR MAILING ADDRESS SHOWN ABOVE FORM OF 36-39092 (541) 296-2268 BUSINESS CORPORATION THE CHANGE IN YOUR POLICY RESULTS IN A RETURN PREMIUM OF $17 .61 . THIS AMOUNT WILL BE CREDITED TO YOUR CUSTOMER ACCOUNT #700-0133-905-01 . ADDED ADDITIONAL INSURED: CITY OF KENT I i IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY ADDL INSD-DESIGNATED PERSON ADDL INSD-DESIGNATED PERSON CITY OF SEATTLE CITY OF SEATTLE PREMISES003 FINANCE DEPT PREMISES003 FINANCE DEPT i ATTN: MARGIE MCBRIDE ATTN: MARGIE MCBRIDE 700 3RD AVE SUITE 900 700 3RD AVE SUITE 800 SEATTLE, WA 98104 SEATTLE, WA 98104 FIRE DEPT LONG RANGE(FS 00-04) STATION 10 PROGRAMMING STUDY THE FOLLOWING FORMS CURRENTLY APPLY TO THIS POLICY BP0003(0702) BUSINESSOWNERS SPECIAL COVERAG BP7076(0105) ULTRA PLUS BP7080(0702) ORDINANCE OR LAW COVERAGE BP8094(0702) NON-OWNED AUTO LIAB AMEND. BP7057(0702) ADDT'L INSD-DESIG.PERSON OR OR BP7059(0105) COMMERCIAL FINE ARTS COV FO r BP8136(0702) EQUIPMENT BREAKDOWN ENDORSEMEN BP0523(1102) CAP ON LOSSES CERTIFIED ACTT BP0420(0702) HIRED AUTO AND NON-OWNED A BF7005(0105) EMPLOYERS CONTINGENT LIABIL II.7201(0392) COMPANY COMMON POL CONDITIONS BP8068(0702) EXCLUSION -ASBESTOS nricr1,ES LIABILITY COV-TENANTS BP8029(0702) AMENDMENT-?GGRFGATE LIMITS BFvv55 w.v� BusT-1 BP0441 (0702) BUSINESS INCOME CHANGES BP0106(0304) WASHINGTON CHANGES BP0473(0702) WASHINGTON CHANCES - DOMESTIC BP0460(0702) WA EMPLOYMENT RELATED PRACTI( BP8157(0404) EMPLOYMENT PRACTICES LIABILITY ED Mq y Z 5 20 --- Ol HUDSON I A! (DATE) BY (A Tel HDRTZED rREPRESENTATIVE) 9-BP(11-88) COMPANY USE 0 N LY Safeco®and the Sala logo are uademaft of Safew UrPo ArrK)7 rnw PREPARED 05-21-07 (NICLUK) CS 05/30/2UU7 lb:b4 PAA b41 GybdUJZ riUUJUiN lrva flurlimul -- F'A6 t POLICY DECLARATIONS EXTENSION 23 +� NAMED INSURED TCA ARCHITECTURE PLANNING INC POLICY NUMBER' 02-BO-890279-8 PREMISES 3 6209-6211 ROOSEVELT WAY NE CONSTRUCTION FRAME BUILDING 1 <600' SPFH <5 MI RFS <5000 SQ' OCCUPANCY OFFICE — ARCHITECTS SEATTLE, WA 98115 APPLICABLE TO THESE PREMISES LIMITS OF INSURANCE EXCEPT WHERE NOTED BELOW, A DEDUCTIBLE OF $ 250 APPLIES BUSINESS PERSONAL PROPERTY $ 58,000 BUSINESS INCOME (NOT EXCEEDING 12 CONSECUTIVE MONTHS) ACTUAL LOSS SUSTAINED DEDUCTIBLE: NONE DAMAGE TO PREMISES RENTED TO YOU $ 2,000,000 DEDUCTIBLE: NONE EQUIPMENT BREAKDOWN INCLUDED OUTDOOR SIGNS (DEDUCTIBLE: $ 250) $ _ 7,50C I MONEY AND SECURITIES (DEDUCTIBLE: $ 250) : INSIDE THE PREMISES $ 10,000 OUTSIDE THE PREMISES $ 5,000 ACCOUNTS RECEIVABLE $ 25,000 COMMERCIAL FINE ARTS $ 10,000 VALUABLE PAPERS AND RECORDS $ 25,000 MINI COMPUTER COVERAGE: EQUIPMENT INCLUDED ACTIVE DATA PROCESSING MEDIA INCLUDED EXTRA EXPENSE INCLUDED MINI COMPUTER MECHANICAL BREAKDOWN INCLUDED SEWER OR DRAIN BACK-UP $ 5,000 i r Kent City Council Meeting Date July 3, 2007 Category Consent Calendar 1. SUBJECT: REVISED 2007 CITY ART PLAN AND 2007-2011 FIVE YEAR CITY ART PLAN — APPROVE 2. SUMMARY STATEMENT: Approve the revised 2007 City Art Plan and Five- Year City Art Plan. The City Art Plan shows revisions to the 2007 City Art Plan and Five Year Plan that was originally approved by Council on February 6, 2007 These revisions were approved by the Kent Arts Commission on April 24, 2007. The purpose of these revisions is to accommodate the Arts Commission's decision to move forward with the public art for the Town Square Park streetscape While this public art is associated with Town Square Park, it's primary purpose is to connect Kent Station and historic downtown. 3. EXHIBITS: 2007 City Art Plan and Five-Year Plan, and Ordinance 2552 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda IItem No. 6D t CITY OF KENT Parks, Recreation& Community Services Kent Arts Commission 2007 CITY ART PLAN FIVE YEAR CITY ART PLAN, 2007 -2011 Ordinance 2552 i i 1 I 1 i Approved Visual Arts Committee Kent Arts Commission City Council Sub-Committee City Council CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2007 CITY ART PLAN New Projects 2005/2006 2007 Budget Budget Capital Project, Neighborhood Park(Riverview) 20,000 Capital Project Artwork, Downtown Improvements(Town Square) 30 000 Capital PF9jeGt -2408 Capital ProjeGt -1-0-©00 Maintenance/Collection Publicity/Education 4,259 Portable Collection Purchases 5,000 New Projects utilizing previously approved budget Herbert Bayer Earthwork 25`"Anniversary $24 500 Previously Approved Projects In-Motion Capital Protect Town Square Park (E Conner) $28,000 Capital ProjeGt Town 8 k-+E Cenneo 2a 000 Capital Protect Riverview Park, Phase 1 $10 000 Maintenance downtown mural (Artech/D Pierce)) $12 000 "Agriculture" monumental sculpture (Peter Reqwam) $30,000 Comm r�-1�usseil--Feat+-Raft $a-098 Subtotal $104 500 _$59_,2_59 TOTAL 2007 BUDGET FOR 19026223.66500.4310 $163,769 OTHER EXPENSES Salary &Administration $94,651 Supplies 1,659 Professional Services (Design, Consultant Fees, Maintenance/Repair) _ 15,731 TOTAL 2007 BUDGET FOR 10006223.4310 $112,041 Total $21 capita 85,650 x 2 $171,300 TOTAL 2007 Anticipated Expenditures $275,800 2 KENT ARTS COMMISSION —� 2007 CITY ART PLAN NARRATIVE Project Title- Riverview Park Project Description: Judith and Daniel Caldwell will propose a design for 2-dimensional treatment surface in January If accepted, this design will be integrated into construction documents by the landscape architect The artist may use construction credits, where available The artwork will relate to the park's location along the Green River Estimated Costs: $30,000 Funding Source. 2006 + 2007 City Art Plan Background Bringing art into parks during the construction phase allows for works to be integrated in a seamless manner for a cohesive design and tends to save costs ny combining construction costs of both art and park elements Examples where this has occurred is Garrison Creek Park and Morrill Meadows. tProject Title Downtown Improvements, Town Square Park T Project Description: Artist Elizabeth Connor is creating a proposal for three "site indicators" along the 2"d Avenue edge of Town Square Park If accepted, these artworks will become a link between Town Square Park and downtown Kent tEstimated Costs $465-,W0 $160,000 Funding Source. $45,000 $58 000 from 2006 and 2007 City Art Plan, $40,000 from 2008 City Art Plan $120099 $62,000 from Parks Planning, construction credits Background. Design team artist Elizabeth Conner has been working with the City and designers of the park since 2003 The design work she has contributed to the project will be funded through Parks Planning, construction credits and two City Art Plan allocations (in 2006 and 2007) The artwork will provide aesthetic enhancements within the city that draw visitors to the main shopping district Pretest Ti+P=122"��tHd+e�P-arty desjgR TheGern-awnity_ designed-l-artist-bwtt studic- €stimated Gists- $-t„Q FURdinq Sebree: $10,non from 2007- City Art Plan, to save money for this initiative at f It atrRg jyant -- Protect Title: Maintenance/Collection Publicity/Education Project Description Projects in-progress include the West Hill Skate Park graffiti community project, the City Art Guide and downtown mural repairs Estimated Costs: $4,259 Funding Source. 2007 City Art Plan Background. This fund may be used for maintaining and promoting existing artworks. Project Title Portable Collection Purchases Protect Description Purchase quality artworks from area artists that enhance the quality and value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities. Estimated Costs: $5,000 Funding Source- 2007 City Art Plan Background. The City of Kent Arts Commission has established a collection of portable artwork that includes a variety of quality two-dimensional artworks Artwork acquired through purchase awards during the Juned Fine Art Exhibit attract quality area artists to enter Other portable art is purchased to enhance the art collection and respond to specific exhibit needs The funds allow the City to introduce art into the workplace and in public areas where the community does business This program supports local artists, serves specific needs for special projects and promotes participation in City programs A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction Project Title: 25" Anniversary Herbert Bayer Earthworks Celebration Protect Description Celebrate the 25"'Anniversary of the Herbert Bayer Earthworks. Exact project description to be approved by the Visual Arts Committee and Arts Commission Estimated Costs $24,500 ' Funding Source: Reassignment of funding from 2005/2006 budget Background The City of Kent is internationally recognized for being the home of the Mill Creek Canyon Earthworks by Herbert Bayer Dedicated in 1982, the Bayer earthwork was created as part of the groundbreaking 1979 King County Land Reclamation as Sculpture initiative This imbative marked the first time Arts Commissions partnered with other local and national governmental departments The Bayer earthwork embodied this new relationship by serving the dual role of being both an artistic enhancement and a functional flood control facility Today, it is common for visual artists to collaborate with city planners, public works departments, landscape architects and engineers, yet this was a ground-breaking approach 25 years-ago 4 1 It is also worth noting the eminence of Herbert Bayer himself While land art has a history that stretches back to ancient times, the first modern earthworks were built by Herbert Bayer, starting with Grass Mound in Aspen, completed in1955 The fact that the project was initiated locally has been key to its success The contributions of Mayor Isabel Hogan, Parks Director Barney Wilson, and the Kent City Council cannot be overstated, nor can the financial contributions of individual Kent citizens or the general enthusiasm of the community The Kent community has expressed its desire for the future of Kent to be a continually more attractive and livable city. The citizenry has demonstrated its recognition of the importance of providing a place to enjoy passive recreation in the midst of commercial and residential buildings through their support of the Bayer Earthwork. 1 Earthworks Land Reclamation as Sculpture Technical Report, King County Arts Commission, 1981 1 I 1 1 l S 1 i 5 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN 2007— 2011 2007PROJECTS COSTS Capital Project Total 59,259 Capital Project, Neighborhood Park(Riverview) 20 000 Capital Protect Artwork, Downtown Improvements,(Town Square Park) 30,000 Capital Proj@Gt /, 20-000 Capital-Prefect-Artwork 'design 44,€100 Maintenance/Collection Publicity/Education 4,259 Portable Collection Purchases 5,000 Administration/Maintenance $112,141 Year Total $171,300 2008PROJECTS COSTS Capital Project Total 53,552 Gapda144ete 2"190 Capita Drn,on^ ro kc ted-Arttvo/ Rl78se 4 2 t)40 Capital Project Artwork, Downtown Improvements,STown Square Pam) 40 000 Capital Protect Artwork, 132" StudrolPark design 10 000 Portable Collection Purchases 3,552 Administration/Maintenance 117,748 Year Total ^$171,300 2009 PROJECTS _ COSTS_ Capital Projects Total 47,665 Clark Lake, Phase I Integrated Artwork 30,000 Aquatic Center or other Capital Art Project 15 000 Portable Art Collection Purchases 2 665 Administration/Maintenance 123,635 Year Total $171,300 2010 PROJECTS T _ COSTS_ Capital Projects Total 41,484 Clark Lake, Phase N Integrated Artwork 30,000 Aquatic Center or other Capital Art Project 9,000 Portable Art Collection Purchase 2 484 Administration/Maintenance 129,816 Year Total $171,300 2011 PROJECTS T COSTS Capital Projects Total 34,994 Community participation or reclamation art project 30,000 Portable Collection Purchases 4,994 Administration/Maintenance 136.306 Year Total $171,300 6 Kent City Art Plan LOCATIONS FOR 2007 CAPITAL PROJECTS Riverview Park Green River(W+S)and SR167 (E) Access via Hawley Rd (N) Green River Trail access A 15 acre community park along the Green river to include open space, trail access, parking, picnic shelter, restroom, interpretative signage play equipment, non-motonzed boat access, ADA accessible fishing platform and view benches/platforms facing the Green River Town Square Park 2nd Avenue, between Kent Station and downtown Kent, across from the King County Library. 132nd Neighborhood Park 132nd Avenue &266`"Street East Hill, Kent A new 5 5 acre neighborhood park with piayfield, play equipment, tennis courts, basketball court, volleyball area, picnic shelter, public art art studio and art plaza, and parking Herbert Bayer Earthworks at Mill Creek Canyon 742 East Titus, Kent 107 1 acres Facilities include, Amphitheater shelter(with water& electrical outlets), drinking fountain greenbelt, picnic areas, public art, restroom, parking, trails walk/jog i 1 1 I ORDINANCE NO. (:>7Ssa AN ORDINANCE of the City of Kent, /]KN Washington relating to public art; establishing �` a City Art Program, directing establishment of guidelines and procedures for administration of the City Art Program; establishing a City Art Fund; adding a new Chapter 2 .35 Kent City Code �p in conjunction therewith; amending Chapter 2.34 KCC concerning the City of Kent Arts Commission (Sections 1 - 6, Ordinance 1944) ; repealing KCC 3 .14.368, the Arts 'V Jr;IkC/ I� Commission Fund (Section 7, Ordinance 1944) . WHEREAS, the aesthetic nature and charm of the City of 1 I Kent shall be enhanced, and the citizens of the City of Kent shall hold and enjoy works of art for the public environment and welfare; and I 1 WHEREAS, the City intends to expand the opportunity for Kent residents to experience art in public places and to create a more visually pleasing and humane environment; and WHEREAS, it is appropriate to establish a means whereby the City of Kent Arts Commission shall maintain an orderly acquisition of art by the City of Kent; and I WHEREAS, there shall be a City Art Program which shall consist of Guidelines, Procedures and an Art Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: �I Section 1. A new Chapter 2.35 is added to the Kent City Code, as follows: i ' CITY ART PROGRAM 2.35.010. ART FUND CREATED. There is hereby established 1 I a City Art Fund. Monies for the Fund shall be received from: I I A. ANNUAL BUDGET. Two (2) dollars per budget year I �Ifor each City resident, based upon population data certified by I it I the State of Washington Office of Financial Management. Budgeted but unspent funds shall be maintained in the Art Fund, and carried; forward at the end of each budget year. I B. GIFTS, DONATIONS AND GRANTS. Private or public gifts, endowments, donations, bequests or other grants. I I C. OTHER. Such other sources as may be available. i �E� I If D. INTEREST FROM THE CITY ART FUND. 2.35.020. FUND USE - ART PROGRAM - COLLECTION. i A. Inclusions - The City Art Fund may be used for all costs for works of art, administrative costs of the City Art Program, and all costs of installation and maintenance. i B. The City of Kent Arts Commission and Staff shall recommend the amount to be made available for the purchase of art, in consultation with City staff. The designation of pro3ects and sites, selection, contracting, purchase, ' commissioning, review of design, execution and placement, acceptance, maintenance, sale, exchange, or disposition of work of art shall be recommended by the Kent Arts Commission and Staff, for approval by the City Council, in accordance with the City Art Program Guidelines. C. All works of art purchased and commissioned under the City Art Program shall become a part of a City Art Collection. The City Art Collection shall be developed, ' administered and operated by the Kent Arts Commission with 1cooperation and support of the Kent Parks Department Staff . , D. The works of art may be placed on public lands, I integrated with or attached to a public building or structure, detached within or outside a public building or structure, or part ! ! of a portable collection or exhibit. 1 ' I 1 - 2 i 1 E. Nothing in this Chapter shall limit the amount of money the City of Kent may expend for art. j2 .35 .030. GENERAL PROCEDURES. A. Upon consultation with the City of Kent Arts Commission, Guidelines and Procedures shall be prepared by Staff for the implementation of the Arts Program. Such Guidelines and Procedures shall be reviewed by the City of Kent Arts Commission and Staff annually, and recommendations shall be made to the City Council for approval. B. A City Art Plan including a schedule and budget for all City Art Program pro3ects shall be prepared and updated annually by the City of Kent Arts Commission and Staff. The City Art Plan shall be reviewed and approved annually by the City Council . Section 2. Chapter 2.34 KCC (Ordinance 1944, Sections 1 - 7) is amended as follows: KENT ARTS COMMISSION 2.34.0(--H+)10. ARTS COMMISSION CREATED. There is hereby created Qommi RRIOR t-e -be kntntrr a ) the Kent Arts Commission. 2 .34.0((-84)20. PURPOSE. The City of Kent Arts Commission and Staff may, alone or in cooperation with any other 1 private, civic or public body of any City, county or the State of Washington, initiate, sponsor or conduct programs calculated to 1 further public awareness of and interest in the visual and performing arts. it 2 .34. ( (±2) )030 . MEMBERSHIP - TERM. The membership of the City of Kent Arts Commission shall be twelve members to be appointed by the Mayor with the approval of the City Council. of the first twelve members appointed, six shall be appointed for two years and six shall be appointed for four years, with the I I� - 3 i respective terms of each initial appointee to be determined by lot. Subsequent appointments shall be for a period of four years or for the unexpired balance of the term for which appointed, whichever is the lesser period. In addition to the twelve appointed members, one member of the City Council shall be designated by the president of the Council to serve as an ex officio member of the City of Kent Arts Commission for a term of If one year. 2.34.( (k6-) )040 . OFFICERS - MONTHLY MEETINGS. The City of Kent Arts Commission shall elect its officers, including a chairman, vice chairman, and such officers as it may deem necessary. Such persons shall occupy their respective offices for a period of one year. The City of Kent Arts Commission shall hold regular public meetings at least monthly. 2 .34( ( 49--) )050. RULES - PUBLIC RECORD. The City of Kent Arts Commission shall adopt rules for transaction of business and shall keep written minutes of its proceedings which minutes shall be a public record. 2.34. ( E�)060. BUDGET. The City of Kent Arts , Commission and Staff shall each year submit to the City Administrator and City Council for approval a proposed budget for the following year in the manner provided by law for preparation !land submission of budgets by appointive officials. Section 3. KCC 3.14.368 (Ordinance 1944, Section 7) is hereby repealed: established a fund entitled Gioty ef -Kent AEts Gemfa±esien Fund, lgrants, its er Jb�ques y ses , thts fund at the end of 0:4ie I II - 4 II 1 1 the sueeeediag year- ) ) Section 4. 1986 Budget - Funding. The funding provided for in KCC 2 .35.01*. shall first take effect and be in force for the 1986 City of Kent Budget. I Section 5. Effective Date. This ordinance shall take effect and be in force five (5 ) days from and after its passage, approval and publication as provided by Yew. SZ B L HOGAN, MAY-ORI ATTEST: _ f BETTY AYP�It , DEP09 CITY CLERK APPROVED AS TO FORM: P. STEPHEN DiJULIO, CITY ATTORNEY I PASSED the day of C ti 1985. APPROVED the _/� day of 1985. 1 PUBLISHED the day of 1985. i I hereby certify that this is a true copy of Ordinance) No. o�`�Sot , passed by the City Council of the City of Kent, I Washington, and approved by the Mayor of the City of Kent as hereoci indicated. II 1 � Cd S�G�2c (SEAL) BETTY AY, DEPUVf CITY CLERK 254o-Ilo I - 5 - Kent City Council Meeting Date July 3, 2007 Category Consent Calendar 1. SUBJECT: TOWN SQUARE PARK ARTIST AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement with Conner Studios, LLC in the amount of$160,000 for the Town Square Park Art Proposal, subject to final terms and conditions acceptable to the Parks Director and City Attorney. The artist, Elizabeth Conner, was chosen by a jury to complete the art proposal for Town Square Park. The jury's recommendation was approved by the Arts Commission on April 24, 2007 This art project is designed around the goal of connecting Kent Station and historic downtown Kent Station is well-lit; historic downtown is darker A series of illuminated sculptures will help connect and activate historic downtown This art project is based upon pods from the sweet gum trees in downtown. The artwork will be located along the streetscape adjacent to Town Square Park. 3. EXHIBITS: Agreement and outline of art proposal 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT — Expenditure? X Revenue? Currently in the Budget? Yes X No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue- Fund Amount $ I6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E • KENT WTSHINOT0N ARTISTIC SERVICES AGREEMENT t between the City of Kent and Conner Studio, L.L.C. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "Cite"), and Cornier Studio, L L C., oiganized under the laws of the State of Washington, located and doing business at 20419 — 81" Avenue SW, Vashon, WA 98070, t206) 463-5346 (hereinafter the "Artist"). WHEREAS, the parties hereto previously contracted for Artist to provide design services for Kent Station, subject to an Artistic Services Agreement executed July 21, 2004: and WHEREAS, the City terminated the July 21, 2004 Agreement and has requested that Artist design, fabricate and install artwork subject to a new Agreement and Scope of Work, and WHEREAS, the Artist was fully compensated for all the work she performed tinder the July 21. 2004 Agreement, but has agreed to and welcomes the opportunity to design, fabricate and install Kent Town Square Palk artwork, which the City has agreed to fund, NOW THEREFORE, the parties agree as follows: I. DESCRIPTION OF WORK. Artist shall perform the following services for the City in accordance with the following described plans and/or specifications: See, Scope of Work for Town Square Park Artwork Design, Fabrication, and Installation Services attached as Exhibit A and incorporated by this reference ' Artist 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 perlbnned 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. I1pon the effective date of this Agreement, Artist shall complete the work described in Section 1 in accordance with its terms. III. COMPENSATION. The maximum amount to be paid under this Agreement for the work described in Section I above is $160,000, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agieement. Payments to Artist foi the work contracted for in this Agreement shall be made as 1`61lows: ARTIST SERVICES AGREEMENT- I (Over$10,000) 1 PHASE 1: SCHEDULE OF PAYNIENTS Artwork Mobilization and Design Kent Town Square Park Upon completion of Task 1,the Artist may submit an invoice in the amount of 52,000. Upon completion of Task 2,the Artist may submit an invoice in the amount of S2,000 Upon completion of Task 3,the Artist may submit an invoice in the amount of S7.000. Upon completion of Task 4,the Artist may submit an invoice in the amount of S4,000. PHASE 2: SCHEDULE OF PAYMENTS Artwork Fabrication and installation Kent Town Square Park Upon approval of documents submitted in Phase 1,Task 3,and Notice to Proceed with Phase 2 from City of Kent,the Artist may submit an invoice in the amount of$72,500 00 (50"'O r f total fahrtconoti,rnd installation budget) Upon 50%completion of Task 2,the Artist may submit an invoice in the amount of$29,000 00(20%of total fabrication and installation budget) Upon 100% completion of Task 2, the Artist may submit an invoice in the amount of$29,000 00 (20% of total fabricatioa and installation budget) Upon completion of Task 3, the Artist may submit an invoice in the amount of 37,250 00. (54b oftoial Jbricaton and rnrtadat(o) budget) Upon final approval of artwork as installed, by City of Kent Visual Arts Cooidmator and Parks Planning,Project Manager, which take place within 30 days of completion of amvork installation,the Artist may submit an invoice in the amount of$7,250 00 (5%of total fabrication and installation budget) ' The Artist shall submit 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 payanent within forty-five 145) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Ariist 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 Contmactoi- Employer Relationship will be created by this Agreement and that the Artist 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 t providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, and except as limited by Section XIII below, the City may take possession of all records and data within the Artist's possession pertaining to this prolecl, which may be used by the City la ithout restriction. If the City's use of Artist's records or data is not related to this project, it shall be without liability or legal exposure to the Artist, VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Artist. its subcontractors. or anv person acting on behalf of the Artist 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 poison who is qualified and ARTIST SERVICES AGREEMENT-2 f (Over$10,000) available to perform the work to which tiie employment relates. Artist shall execute the attached City of Kent iEqual 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, Artist shall defend, indemnify and hold the City, is 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 Artist's performance of this Agreement, except for that portion of the injuries and damages caused by the City's neghgence. The City's inspection or acceptance of any of Artist'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 injury to persons or damages to property caused by or resulting from the concurrent negligence of the Artist and the City, its olficers, officials, employees. Lagents and volunteers. the Artist's liability hereunder shall be only to the extent or the Artist's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HFRF'IN CONSTITUTES THE ARTIST'S WAIVER OF i'WVIUNiTY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR I HE 111-JRPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE: THAT THEY HAVE MUTUALLY INEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Artist 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 Artist for the purpose of completion of the work under ' this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Except as limited by Section XIII below, 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 subinitted by the City to the Artist will be safeguarded by the Artist_ Artist shall make such data, documents, and Hies 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 Artist 1b1 this project by anyone other than Artist on any other project shall be without hability or legal ekpostu-e to Artist. XI. CITY'S RIGHT OF INSPECTION. Even though Artist is an independent contractor with the authority to control and direct the pertorrnance 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 1 satisfactory completion. XII. WORK PERFORMED AT ARTIST'S RiSK. Artist shall take all necessary precautions and shall be responsible for the safer), of its employees, agents, and subcontractors in the performance of the contract work and shall utilize ail protection necessary for that purpose. All work shall be done at Artist's own risk, and Artist 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. ARTIST SERVICES AGREEMENT-3 (Over$10,000) XIII. ORIGINAL ARTWORK CREATION. The Artist's services under this Agreement may include the creation of original artwork in the form of original designs in sufficient detail and scale so that the City or its agents or assigns could fabricate and install the Artist's specific original creation in that event. the following terms and conditions will also apply, but only to that poitton of the Artist's work under this Agreement that is directly related to the Artist's creation of the original artwor k• A. Original Artwork. Artist's original designs created under this Agreement constitute original artwork.. B. Retention of Rights and Issuance of License. The Artist retains all rights she may be entitled to pursuant to the Copyright Act of 1976, 17 US C. § 101, el se ., and all other rights in and to the aiigmal artwork, except ownership and possession. Because the original artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate or three-dimensional reproductions of the original artwork or permit others to do so except by written permission of the City,. ilie Artist grants to the City and its assigns an irrevocable license to reproduce the original artwork in any manner whatsoever for the purposes of promotion, publicity, education, or exhibition o r f the original artwok or of the City Art Collection. All reproductions by the City of the original artwork shall contain a credit to the Artist and a copyright notice substantially in the following form: `'Copyright, Artist's name, all rights reserved, d,0-1," in such a manner and location as shall comply with the U.S Copyright Laws. Any use of the original artwork reproductions by the City, for profit, that is not directly related to the City Art program. shall be sublet.t to 'trtist's advance approN al and Artist shall be entitled to reasonable royalties or additional usage fees. In that event, the parties shalt negotiate additional compensation due Artist. C. Ownership of Documents. Models. All studies, drawings, destons, maquettes, and models of original artwork prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist. The City may select and the Artist shall convey to the City one of the ongmal dtawings of the original artwork submitted as part of the Scope of Work, and the City represents that the drawing(s) will be used by it solely for exhibition and held by it in permanent safekeeping At the request of the Crry, tlnc Aitrst will loan the City studies, drawings, and maquettes of any otiginal artwork lot use display exhibits for reasonable time periods to be mutually agreed upon by the Artist and City, and the Artist agrees not to uiueasonablv all ensure di re that all studies, drawings, or maquettes of original withhold Artist's consent. 17ne City sh artwork contain a credit to the Artist and a copyright notice substantially in the following f0ml: "Copyright. Artist's name, all rights reserved, date." in such a manner and location as shall comply with the U S. Copyright Laws. D. Intellectual Property. If for any reason the proposed design is not implemented, all rights to the proposed Artist's original artwork shall be recognized as the Artist's intellectual property and protected troll, infringement in accordance with Federal Law. E. Alteration of the Work or of the Site. The City agrees that it will not alter, modify, or change Artist's original artwork without first attempting to obtain the prior written approval of the Artist F. Artist's Address The Artist shall notify the City of changes in address. The failure to do so, if such failure prevents the Cit} from locating the Artist. shall be deemed a waiver by the Artist of the light subsequently to enforce tilts Section KIll of this Agreement. Notwithstanding this provision, the City shall make every reasonable effort to locate tine Artist when matters arise relating to the Artist's rights. G. Surviving_Covenants The covenants and obligations set forth in this Section shall� al be binding upon the parties, their liens, legatees, executors, administrators, assigns, and all their successors in interest, and the City's covenants do attach and run with the Artist's original artwork and shall be binding to and ARTIST SERVICES AGREEMENT-4 (Over$10,000) until twenty (20) years alter the death of the Artist. In the event of the Artist's death, the City shall pay any outstanding amounts to the Artist at the time of death to the Artist's estate. XIV. MISCELLANEOiUS 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 pricy: 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 contamed 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 aie 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, riles and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to -in 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 attorneys fees incurred in defending L or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, l rovjded, however, nothing in this paragraph shall be construed to limit the City's right to indemnification undei 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 the non-assigning party gives its consent to any assignment, the terms 1 of this Agreement shall continue in full force and effect and no furthei assignment shall be made without additional written consent F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Artist. G. Entire Agreemem The written provisions and terms of this Agreement, together with any attached Exhibits, shall supersede all prior verbal statements of any officer or other representative of the City, 1 and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Artist agrees to comply with all federal, state, and municipal Laws, rules, and regulations that are now effective or in the future become applicable to Artist's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. ARTIST SERVICES AGREEMENT-5 (Over$10,000) IN WITNESS, the parties below execute this Agreement,which shall become effective on the last ' date entered below. ARTIST: CITY OF KE T: By: By: (stgrraatre) rsrgnaturtl Print Name: Print Name: Suzette Cooke_ _ Its Its_ Mayor DATE. DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: Elizabeth Conner Cheryl dos Remedios, Visual Arts Coordinator Comfier Studio LLC Cite of Kent Paiks, Recreation and 20419 — 8I$t Avenue SW Communitv Services Department Vashon, WA 98070 220 Fourth Avenue South Kent, WA 98032 (206)463-5346 (telephone) (206) 463-3858 (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department rci..NnF.upaRavios moei..�vm..va..n..np...e.i e... -.•-- —_ ARTIST SERVICES AGREEMENT-6 , (Over$10,000) EXHIBIT A SCOPE OF WORK Artwork Design,Fabrication and Installation Kent Towai Square Park ' Background Parks Planning Project Manager (Perry Brooks) and Visual Arts Coordinator (Cheryl dos ReinLldios) and Artist (Elizabeth Conner) agree that the artwork should encourage the public to walk between Kent Station and Downtown No prior functionality is required by the City(shade,height,etc),bu(all may be considered by the Artist Phase 1 —Design Task 1: Conceptual Design a) Mobilization 1) Review and refine scope of work with Parks Planning Project Manager(Perry Brooks)and Visual Arts Coordinator (Cheryl dos Remedios) 2) Review constiuction document schedule with Perry Brooks to ensure that necessary input froin Artist is included in a timely fashion 3) Develop work plan b) Prepare and present Conceptual Design Proposal, including 1) Visual representation of the Artwork Conceptual Design proposal, with an indication of scale, materials and fabrication methods 2) A brief written description of the Conceptual Design pioposal ' 1 Product: Written report,with visuals,preliminary schedule and budget as shown above. Completion and presentation date: I:ebnian 1,2007 Task 2: Preliminary Design Prepare and present Preliminary Design Proposal, including. a) Visual representation of the Artwork Preliminary Design proposal,with an indication of kale b) A brief written description of the Preliminary Design proposal c) An information sheet(s)detailing preliminary materials, methods of fabrication,estimated weight loads(if applicable), preliminary attachment and installation mechanisms x+ith preliminary tooting of foundation requirements (conveyed through drawings,written nairarve uid,'or materials samples) d) A preliminary budget outlining materials, artist's and fabi icator's fees, and other costs for completing the project, including tax and contingency The total artwork budget is S 160,000 for both Phase I and Phase 2 of this scope of work- 1) NOTES. a. The Town Square Park construction budget will contribute an additional S25,000 in construction credits for 1) artwork foundations and 2)electrical power and electi real connections needed for the artwor k if more than $25,000 is required for artwork-related foundations and power, the additional funding will come from the artwork budget b. Installation of the artwork(installation-related equipment,materials and labor)will be coveied by the Town Square Park project budget(not the artwork budget) e) A preliminary schedule,showing minor and major fabrication and installation phases Product: Written report,with v isuals, preliminary schedule and budget as shown above Completion and presentation date: April 19,2007 Task 3 Design Development ' a) Based on input from Design Review Committee,make modifications in Prelimmary Design b) Select appropriate fabricator for piolect c) Obtain pre]i nmary estimates from fabricator for desired prelim mary design options tARTIST SERVICES AGREEMENT-7 (Over$10,000) d) Work with Parks Planning Project Manager to ensure that appropriate placeholders for the artwork are included in the project construction documents Completion date: June 30,2007 Task 4 Final Design and Construction Documents a) Develop final design in collaboration with chosen fabricator with documents needed to acLompltsh fabrication and installation b) Coordinate decisions iegaidmg installation, attachment methods, lighting and other infiastructure with Parks Planning Project Manager c) Submit Final Design,Fabrication; Installation budget and schedule to Visual Arts Coordniatoi and Parks Planning Project Manager. d) Present to Design Review Committee as appropriate Product: Final design and construction documents, including budget and schedule. 1 Detailed design/construction diawmgs appropriate to phase ofdrFelopment 2. Location and placement of arwoi k shown on site plan prepared by ale consultants 3. Dimensions: length, height,depth,weight 4 Materials, finishes and how used Include samples 5 Fabrication and installation tasks,responsibilities,schedule: (a) ai u�t (b) subcontractors to the artist(list and identify tasks) (c) gencral contractor 6 Maintenance,Cleaning and Repair Specifications 7. Budget (outlining materials,artist's and fabricator's fees,and other costs for completing the project, including tax and contingency —within the$160,000 aiiwoik budges The S25,000 contiibction from she Tosron Square Park construction budget,,N ill be listed separately as construction credits 8. Identification of any costs necessary for completion of the artwork that are not included in the fabrication/installation budget Completion date: September 15,2007 Phase 2—Fabrication and Installation Task 1 Fabrication a) Submit fabrication and installation schedule to Visual Arts Coordinator and Parks Planning Project Manager for approval b) Refine artwork design to enable fabrication to begin c) Coordinate artwork engineering review with Parks Planning Product: Artwork fabricated ' Completion date: To be determined,based on final artwork design and l own Square Park project construction schedule Task 2 Installation a) Coordinate review of fabrication with Visual Arts Coordinator b) Oversee and participate in artwork fabrication as appropriate , c) Schedule and oveisee artwork installation Product: Artwork approved and installed Completion date: To be determined,b,iscd on final artwork design and Town Square Park project construction schedule NOTE As of May 2007, artwork installation is tentalively schedided to cake place between Novemhei L 2007 and Januai v 31. 2008 ARTIST SERVICES AGREEMENT- 8 (Over S10,000) ' 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 woik 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, consultant, subcontractor, or supplier on this specific Agreement to adhere to An affirniame response is required on all of the following questions for this Agreement to be valid and binding If any contractor, consultant, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined, 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 Pent 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 phy sical 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 he 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_. 1 By. For: Title: ' Date: rEEO COMPLIANCE DOCUMENTS- t CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES. Apnl 1, 19% 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 o(' the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounung 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 Cm's nondiscrimination and equal opportunity requirements shall be considered in breach of conttact and subject to suspension or termination for all or part of the A greement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 ' CITY OF KENT ' EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 1 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 firrn 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 Opporturim7 Policy that was part of the before-mentioned Agreement. Dated this day of 200� By: For: _ Title: Date: EEO COMPLIANCE DOCUMENTS-3 co U) 0 CL 0 4) CL 2- CL c) 0 ty cq Ql '� O .Q N � � � •� � "" fir`,.. p :t! -Q N !' t L L L _ O 'q U Q N S� U X m L(U g N O re9 4tf (oi CL Z3 'a p Q ) N p Q �_ > ' Al Q � V) E C N t O t!3 Q {n _ O ?, O to p O q o Q y� Z N V Q? to q h: O N to � p to � Q) N ' O � Q} O C w. (o Q E p O .� Q. u> CU U O c to •� Q �^ q N vL- N F'— Q X >' cQ N N (U C p U) tm O 'a iO2 L2. Co 0 m vi > zt a) o O a- a) +� Ell 6- (Pt E ® Q) (n � N O- a) is Vh t43 �3? °Q .S� r CO CoI-- (� fa © (6 � � � � � 'Akc - ' E 0 $ R cn c k Av v, n :3 tz Z 41 #� c 1 . r , �.��',{�.�irrer E�r�JrS .f�•,. 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U) r i r-- o t t� C y"7 L T_ a G V 4 f' N U 3 L m N U � � Q m c O N C C0 G a v Kent City Council Meeting Date July 3, 2007 Category Consent Calendar 1. SUBJECT: TURNKEY PARK MASTER PLAN—APPROVE 2. SUMMARY STATEMENT: Approve the Master Plan for Turnkey Neighborhood Park. In 2002, the City purchased the Vivienne Geroy property adjacent to Turnkey Park, located on the East Hill of Kent at 23312 100th Avenue SE. This additional purchase added an acre of land for new park amenities, including 200 feet of street frontage. Amenities proposed include: parking, picnic shelter, improved and new gravel trails, '/4 mile loop trail, entrance beautification and a new ADA paved trail Three public meetings were held on January 24, March 4 and May 23, 2007, to allow citizens to provide input on amenities they preferred in the park A National Trails Day event was held here on June 2, 2007. 3. EXHIBITS: Turnkey Park Master Plan 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`s 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. 6F i I Turnkc Master 100th Ave SE ' Cl F a ' it 1 �T 1 H ` k �c �I L 0 M410,10.z ro o Kent City Council Meeting Date July 3, 2007 Category Consent Calendar 1. SUBJECT: KENT DOWNTOWN PARTNERSHIP DONATION FOR HANGING BASKET PROGRAM — ACCEPT 2. SUMMARY STATEMENT: Accept the $700 donation from the Kent Downtown 1 Partnership toward the cost of purchasing hanging flower baskets for the 2007 season, and authorize the expenditure of funds in the Greenhouse budget. i 3. EXHIBITS: Revenue report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 10006600.63180 5322 Amount $700 00 Unbudgeted Revenue: Fund 10006600 56710.5322 Amount $700 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G I y R55GA006 City of Kent 6/14/2007 Page 1 Y Journal Entry/Budget Change Doc#: 49374 Ledger Type, AA Journal Entry Doc Type: JR Batch#: 90039 Explanation: Parks 115 Hanging Baskets KDP G/L Date: 6/14/2007 Automatic Reversal? No Created by: TDONATI Last Changed by. TDONATI Line# B Unit Object_ Subsidiary_Subledger Debit Amount Credit Amount Account Explanation Reference 10 10006600 63180 532`2 _ V � �700 00- Hangrng Baskets-KDP 2 0 1 11110 0010 70000 Hanging Baskets-KDP Journal Entry Totals: 70000 700 00- 1 have reviewed this journal entry for accuracy, validity and appropriateness It is a true representation of transactions incurred while conducting City business. Appropriate supporting documentation is attached. 1 Dept-Authorized by: Finance -Reviewed by: 1 i 1 i i Kent City Council Meeting Date July 3, 2007 Category Consent Calendar 1. SUBJECT: KING COUNTY INTERAGENCY AGREEMENT, KENT EVENTS CENTER FLOODPLAIN MITIGATION AMENDMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the supplement to the King County Interagency Agreement approved on March 15, 2005, to include the Events Center Floodplain Mitigation The contract is also advertised for bids The Supplement shall be subject to an amount not to exceed $994,165 or the Mayor may award the contract to the lowest bid, in the event that the bid is lower than $994,165, upon concurrence of the language therein by the City Attorney and Public Works Director This amendment to the existing interagency agreement will allow the City of Kent to contract with the King County Road Services to perform work on the Events Center Floodplain Mitigation Project (estimated cost $994,165). 3. EXHIBITS: Public Works memorandum and interagency agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes No If no: Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION Council Agenda Item No. 6H i PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KENT Phone: 253-856-5500 WAS„JN�TDN Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 11, 2007 I To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 18, 2007 From: Mike Mactutis, Environmental Engineering Manager Through: Tim LaPorte, Deputy Public Works Director Subject: Amendment request of the King County Interagency Agreement Events Center - Floodplain Mitigation Item 2 Motion: ■Required ❑ Not Required ❑ For Information Only Recommend authorizing supplement to the King County Interagency Agreement approved on March 15, 2005 to include the Events Center Floodplain Mitigation, supplement shall be subject to an amount not to exceed $994,165 or the Mayor may award the contract to the lowest bid, in the event that the bid is lower than $994,165, upon concurrence of the language therein by the City Attorney and Public Works Director. Will document be required? ❑ Ordinance ■ Resolution ❑ Agreement ❑ Contract Cl Policy ❑ SOP's ❑ Other iGoverning Policies Procedures Rules & Regulations: RCW 35.77.010 Background/History: The King County Council and Kent City Council have passed an interagency 1 agreement allowing the King County Road Services Division to perform maintenance and other services for Kent. The King County Road Services Division has available staff to complete work that the City of Kent could perform on its own, however, the City has already programmed its workload for the 2007 construction season. The Events Center Floodplain Mitigation project will provide floodplain creation for mitigation of the grading and filling proposed at the Events Center. Summary: This amendment to the existing interagency agreement will allow the City of Kent to contract with the King County Road Services to perform work on the Events Center Floodplain Mitigation Project (estimated cost $994,165). Recommendations: Recommend authorizing supplement to the King County Interagency Agreement approved on March 15, 2005 to include the Events Center Floodplain Mitigation, supplement shall be subject to an amount not to exceed $994,165 or the Mayor may award the contract to the lowest bid, in the event that the bid is lower than $994,165, upon concurrence of the language therein by the City Attorney and Public Works Director. 1 U tpw ontm tw0007acuonpnge TWCMIRVEvents Center doc INTERAGENCY AGREEMENT BETWEEN THE CITY OF KENT AND KING COUNTY FOR WORK TO BE PERFORMED BY KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made between the City of Kent ("Kent'") and King County ("County") in accordance with the Interlocal Agreement executed by the parties on .Tune 1, 2005, for the provision of services by the King County Road Services Division. I. DESCRIPTION OF WORK. In accordance with the provisions of the above-referenced Interlocal Agreement, the County shall perform the following services for Kent in accordance with the following described plans and/or specifications Provide labor, materials and equipment necessary to perfoun maintenance of the Amiga Center - Boetng Creek Channel in Kent, Washington as described on the County's proposal dated 6/11/2007 attached and incorporated as Exhibit A. County further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are perfonmed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, the County shall complete the work described in Section I within thirty (30) days III. COMPENSATION. A. Kent shall pay the County, based on time and materials, an amount not to exceed nine hundred ninety four thousand one hundred sixty five dollars ($ 994,165) 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 Kent in the form of a negotiated and executed supplemental agreement The County agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated tate(s) for a period of one (1) year from the effective date of this Agreement The County's billing rates shall be as delineated in Exhibit A. B. The County shall submit monthly payment invoices to Kent for work performed, and a final bill upon completion of all services described in this Agreement. Kent shall provide payment within thirty (30) days of receipt of an invoice. If Kent objects to all or any portion of an invoice, it shall notify the County 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 County has the ability to control and direct the performance and details of its work, Kent being interested only in the results obtained under this Agreement Amiga Center Floodplain Mitigation 1 of 4 V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party written notice at its address set forth on the signature block of this Agreement by April 1 of the preceding calendar year in accordance with the provisions of the parties' Intcrlocal Agreement. After termination. Kent may take possession of all records and data within the County's possession pertaining to this project, which may be used by Kent without restriction. If Kent's use of the County's records or data is not related to this project, it shall be without liability or legal exposure to the County. VI. INDEMNIFICATION. Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or in to persons arising out of activities conducted pursuant to this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement. VII. INSURANCE. The County 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. VIII. EXCHANGE OF INFORMATION. Kent will provide its best efforts to provide reasonable accuracy of any information supplied by it to the County for the purpose of completion of the work under this Agreement. IX. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or cleated under this Agreement shall belong to and become the property of Kent. All records submitted by Kent to the County will be safeguarded by the County. The County shall make such data, documents, and files available to Kent upon Kent's request. Kent's use or reuse of any of the documents, data and files created by the County foi this project by anyone other than the County on any other project shall be without liability or legal exposure to the County. X. KENT'S RIGHT OF INSPECTION. Even though the County is an independent contractor with the authority to control and direct the perfonnance and details of the work authorized under this Agreement, the work must meet the approval of Kent and shall be subject to Kent's general right of inspection to secure satisfactory completion. XI. WORK PERFORMED AT COUNTY'S RISK. The County 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 the County's own risk, and the County 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. ' XII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, Kent 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 Kent 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 mole instances shall not be construed to be a waiver or relinquislument of those covenants, agreements or options, and the same shall be and remain in full force and effect Amiga Center Floodplain Mitigation 2 of 4 1 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 tiling suit exclusively wider 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 Kent's right to indemnification under Section VI of this Agreement D. Written Notice. All communications regarding this Agreement shalt 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 the non-assigning party gives its consent to any assigrunent, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of Kent and the County. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of Kent, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained un this Agreement, the terms of this Agreement shall prevail. iH. Compliance with Laws. The County agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to County's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations 1 i Amiga Center Floodplain Mitigation 3 of 4 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. COUNTY: KENT: By: By: (srgnaiure) (signalme) Print Name: .Terry Tracv Print Name: Suzette Cooke Its Road Maintenance Supervisor Its Mavor ' (Fille) (rlale) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 1� Jerry Tracy, Road Maintenance Supervisor Beth Tan, Project Engineer MS RSD-TR-0100 Kent Public Works Environmental Section 1155 Monroe Avenue NE 220 Fourth Avenue South Renton, WA 98046-4199 Kent, WA 98032-5895 206-296-8179 (telephone) (253) 856-5500 (telephone) 206-296-8514 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department P Knd f1LE$IIPmFxnn1o53lmi 14p.9ePeh ACaLym+lrt Amiga Center Floodplain Mitigation 4 of 4 � I — — — EX. FISH SCREEN BOEING ti BOEING o BOEING W SPACE CENTER U z i Z rn BOEINGI m r Q co I-sr co DETENTION I PONDS �< Of CITY OF r � r Ii W i J 0 0 ; GATEWAY ��� � KENT LP � BOEING BOEING > GATEWAY KENT LP 715't ¢ 428't ` r L P FLOW— � - BOEING RP m CREEK S 212th ST i i LEGEND: € } EXISTING 100' ; 4 ] EASEMENT L_ EASEMENT EXISTING CREEK I I Ir If AMIGA CENTER FLOODPLAIN MITIGATION KENT SITE PLAN CITY OF KENT omkcc..w ocr.wr..o.r 8 rorm A Page 1 of 1 ' Discretionary Work Request for King County Road Services FORM A City of: kent Request Number: KT-012 Date: 05/31/2007 j Problem Description: Boeing Creek Flood maintenance/restoration. Project is to restore approximately 3,950 feet of floodplain along a creek. The project will remove approximately 31,000 cubic yards of soil Nature of Request: The Boing Creek maintenance project is creating a floodplain approximately 3,950 feet in length. The creek currently has been straightened due to urban influences running parrellel to the roads. The project will be cutting a floodplain bench using 2:1 side slopes and a creating a wide bench for use in flooding events. The City owns or has an environmental easement from the property owners to perform the work. City of Kent will obtain permits, delineate wetlands, provide (see comments for rest of request) Location: The project is located in the northwest intersection of S 212th Street and West Valley Highway in Kent. Access points will be marked on drawing off of 59th Ave, 66th Avenue, S 208th Street and from the Pacific Gateway Business parking lot. Attachments: Engineering Design City Priority: High Special scheduling requirements: The project is required to have a JARPA and SEPA permit. We are anticipating that work will need to occur in August - September 2007. City Project Manager-Telephone Number: 253-856-5552 Authorized By: Beth Tan Date: 05/31/2007 http://www.metrokc.gov/kcdot/ROADS/discretionary/dataentry.aspx?rn=KT-012 6/11/2007 m a 3p s mC� 0 '( 5l � � M m y0 b '� y0 m n m c c O0a L A ➢ D mA � DA co 10 A ra D p p � r (mi 00 � � � 2 (ci n MW 0 3 C3 01a = _ — m -1z ;aco COOmO -a o 0o 0wo O � s A � a m CfDa p' � K — .'�. W 1 A O A # O m 1 c c y y a m f 0 2 m D O co Q A 3 'G N y O L �,. V1 Cr m o c A D O CD a mCL r m ° O l< ao 0 m m c � � N 0 _� m oV N CD a W N O O �i rnA sOp C11 om m A mva O O O O� � OW y N OSO 3 O OO (mD W W Un 14 O 0 En N Vf 4A 4A 4A O Hi 4A 4» (A fas EA EH 4A EA W 4A A ~ 000000000 O N O O O O O O W O O S000000SS 0000000808800 8 S8 ° O N A N O ID Efl N EA to ER -4 A 1� O W O J O O In 0) O N O N O CC O o O 0 0 0 0 GO N W N Of N N Of N m 3 r r "�� OCi be �a 9 0 v o o 0 0 3 3 = ' � A 3 w ° 3 = 3 rn m m Nmaa = mm � Co m A aopc � uc °: ° m n ,� c a m � N r m 0 FL v to 0 m rn � N D ° m m N co w N = r co $' A N (p a u. 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SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with Anchor Environmental, LLC for the Drainage Master Plan for $886,995 upon concurrence of contract language acceptable to the City Attorney and Public Works Director. The project will be performed in two phases, with Phase 1 consultant services at $400,002 and Phase 2 estimated at $486,993. Results from the Drainage Master Plan study will establish a basis for the City's Stormwater Program. 3. EXHIBITS: Public Works memorandum and consultant services agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds J� DISCUSSION: ACTION: Council Agenda Item No. 6I 1 J PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • i Phone: 253-856-5500 KENT Fax: 253-856-6500 WASNINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 1 Date: June 11, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date- June 18, 2007 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Drainage Master Plan Consultant Selection Contract ITEM 3 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the Anchor Environmental, LLC Contract Agreement for the Drainage Master Plan for $886,995 upon concurrence of the language therein by the City Attorney and Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract i ❑ Policy ❑ SOP's ❑ Other +� Governing Policies Procedures Rules & Regulations: Background/History: The Drainage Master Plan is a comprehensive review of all watersheds within the City limits and includes the potential annexation area of Panther Lake. The plan includes hydrologic and hydraulic analysis of all streams and major stormwater conveyance pipes, determination of areas of replacement and/or improvement, alternative options and projected costs of projects, and also includes aspects of the National Pollution Discharge Elimination System Phase II requirements The project will be performed in two phases, with Phase 1 consultant services at $400,002 and Phase 2 estimated at $486,993. Results from the Drainage Master Plan study will establish a basis fro the City's Stormwater Program. Summary: The consultant contract agreement for Anchor Environmental LLC, in the amount of $400,002 is for the analysis and reporting of Phase 1 of the Drainage Master Plan for the City of Kent, Phase 2 services are estimated to be $486,993. Recommendations: Recommend authorization for the Mayor to sign the Anchor Environmental, LLC Contract Agreement for the Drainage Master Plan for $886,995 upon concurrence of the language therein by the City Attorney and Public Works Director. U WWCommtlleelNNgAcf mPagelPWC0618071 doc 1 KENT W.SHINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Anchor Environmental LLC jTHIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Anchor Environmental LLC organized under the laws of the State of Washington, located and doing business at 811 Kirkland Avenue, Suite 200/PO Box 2517, Kirkland, WA 98083-2517, Phone. (425) 827-3243/Fax: (425) 827-3509, Contact: Jerry Bibee (hereinafter the "Consultant"). I. DESCRIPTION OF WORK Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering services to prepare the City's Drainage Master Plan 4 Update. For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in 1 accordance with generally accepted professional practices in effect at the time those services are performed. IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in 1 Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by April 30, 2008, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eight Hundred Eighty Six Thousand, Nine Hundred Ninety Five Dollars ($886,995.00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the fora 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) through December 2007. 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 wilt i nimediately 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 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 Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perfonn 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. VIL 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 i s subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF t THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or tenninatton 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 AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the perfonnance and details of the work authorized under this Agreement, the work m ust m eet the approval o f the C ity and shall b e subject t o the C ity's general r ight o f inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, ior other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and retrain in full force and effect. rC. 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 front the parties' perfonnance of this Agreement, the exclusive means of resolving that dtspute, 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 1 alternative dispute resolution process. In any claim or lawsuit for damages ansing 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, 1 and shall be deemed suffictently 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 assigmnent of this Agreement by either party without the written consent of the non-assiping party shall be void. If the non-assigning party gives its consent to any assigrtnnent, the ternis of this Agreement shall continue in full force and effect and no further assigmnent shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Omer$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. Entire 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 forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the perforliance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Naive: Print Name: Suzette Cooke Its Its Mayor (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jerry Brbee Larry R. Blanchard Anchor- Environmental LLC City of Kent PO Box 2517 220 Fourth Avenue South Kirkland, WA 98083-2517 Kent, WA 98032 (425) 827-3243 (telephone) (253) 856-5500 (telephone) (425) 827-3509 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Anchor Envtromental-DMPlTan CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) r DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY r 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; IThe 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 nn 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. 1 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prune 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 . r By: j For: Title: Date: r r EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i 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 confonn 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 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 tenmmation 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 I 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 tof the before-mentioned Agreement. Dated this day of , 200_ 1 By. For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A SCOPE OF WORK CITY OF KENT DRAINAGE MASTER PLAN UPDATE This Exlubit A,Scope of Work, defines the professional engineering services to be provided to the City of Kent,Public Works Department, Environmental Engineering Section (City)by ' Anchor Environmental,L.L.C. (Anchor) for the Drainage Master Plan Update Project. This project will be completed by Anchor in coordination with HDR and MGS Engineering Consultants (MGS), Anchor's subconsultants. Only those services and deliverables identified as Phase 1 will be authorized for the mitial work phase;Phase 2 Services are intended to be added by contract supplement after the City's 2008 budget approval and prior to the completion of Phase 1 Services. Anchor understands that Phase 2 Services shall not start without an amendment to the contract and written authorization given by the City. The City plans to conduct a citywide update of its Drainage Master Plan (DMP). The DMP plays a vital role in municipal decision-making, guiding a wide range of short-term and long- term management choices that ultimately affect flooding risks, public health and safety, environmental protechon/preservation, livability, and economic development success The Anchor team will prepare the DMP update resulting in an updated citywide DMP that will evaluate current/projected needs, analyze alternatives, recommend solutions to drainage problems, and provide estimates of implementation costs. This will lead to development of an ' updated Stormwater Capital Improvements Program (CIP) and recoinmended Stormwater Management Program (SWMP)modifications consistent with current City standards and National Pollutant Discharge Elimination System(NPDES) Phase II permit compliance needs, Total Maximum Daily Load (TMDL) water quality compliance needs, along with documentation of those associated program costs. This collective program of improvements will plan for future City growth within the corporate hmits and proposed Panther Lake Annexation Area (PAA), and it will incrementally improve the collection and conveyance of stormwater runoff, reduce flooding problems, and improve discharge water quality through improved source and treatment controls within the City's watersheds and trunk drainage systems. IThe following Scope of Services outluies Anchor's understanding of the service needs for each scope task as the basis for effort and estimated costs to complete. Deliverable products, the City of Kent DMP Update Anchor Environmental,L LC Scope of Work I June 11,2007 i estimated fee for Phase 1 Services, and the target schedule for services completion are included following the Scope of Services. SCOPE OF SERVICES The Phase 1 and Phase 2 Planning Areas applicable to this Scope of Services are identified on , Figure 1. A total of up to 17 major drainage basins(Designated A through Q) within the City corporate limits along with the PAA basm will be evaluated for this DMP. For Phase 1 Services, four of the largest and most complex (highest priority)basins will be evaluated. Those basins include the drainage systems tnbutary to lower and upper Mill Creek(two basins), lower Sprmgbrook Creek, and the Green River Natural Resource Area, Those basins encompass approximately 35 percent of the drainage planning area inclusive of the PAA and more than 40 percent of the existing citywide drainage facilities. The remaining basins (those large enough to merit evaluation) will be evaluated with Phase 2 Services. In the Scope of Services below, tasks are assumed to pertain to both Phase 1 and Phase 2 Services unless specifically noted as applicable to Phase 1 or Phase 2 alone. Task 1 — Identify/Characterize Study Areas, Watersheds, and Drainage Systems 1.1 Identify Study Areas, Watersheds, and DMP Objectives/Priorities Anchor will meet with City staff to clarify and define the specific limits of the DMP plan coverage, study areas, and watersheds to be evaluated. Project team staff will characterize watershed areas and drainage system features within the planning area and will set target system analysis limits consistent with scope and budget limitations. Anchor will work collectively with the City to develop and document specific DMP objectives and prionties as the basis of efficient and successful completion of the plan. 12 Review Existing Drainage Plans and Related Available Inforniatton Anchor will review the City's existing drainage planning documents and other related information as furnished by the City. This will include the original citywide drainage plan and prior drainage plan updates in Lower Mill Creek and in the Meridian Annexation Area. Anchor will prepare a summary memorandum that documents the drainage plans review findings and useful information for the drainage planning update process. ' City of Kent DMP update Anchor Environmental,L L C Scope of Work 2 June 1I,2007 1.3 Study Area Basins, Subbasrns, and Catchments Breakdown Anchor will import(from the City's geographic information system [GIS]) and review existing topographic mapping and basil boundaries within the specified plan coverage area. Primary outfalls will be identified and drainage subbasm boundaries will be Ideveloped for the trunk drainage systems that are tributary to those outfalls. Project team staff will complete a preliminary breakdown of tributary catchment areas to each outfall and associated drainage system, and the project team staff will document them on subbasin- level drainage area maps. Task 2 — Drainage Systems GIS Database Review and Supplemental Inventory Needs 1 2.1 Evaluate Basin-specific Data Adequacy for DMP Evaluation Project team staff will perform a detailed review of the City's GIS storm drainage system database for study area drainage systems to be evaluated within each phase. Pipes and drainage structure attribute data will be reviewed, and data that are missing or require confirmation as the basis for hydraulic modeling will be documented. Anchor will document drainage system inventory data pickup needs for existing inventoried areas and for the PAA drainage systems in a spreadsheet. 2.2 Summarize Additional Information Needs and Priorities by Drainage System Anchor will summarize supplemental drainage system inventory needs and priorities for the desired order of data collection. It is assumed that the City will acquire this data and Ienter it into the City's GIS. When it is received, Anchor will review the supplemental database for consistency with the requested data and existing database attribute information. If inconsistencies are evident, further inventory data pickups will be requested for City staff pickup to clarify and resolve identified database deficiencies. Task 3— Field Reconnaissance and Documentation of Known Drainage Problems I 3.1 Review Drainage Complaints and Operations and Maintenance Records Anchor will acquire, review, and evaluate City records of public drainage complaints, and project team staff will identify the locations and expected links to the trunk drainage systems. Project team staff will also interview City operations and maintenance staff to identify frequent flooding problems and high maintenance drainage systems. Anchor will acquire iand review Hansen System PMS database information to assist in documenting the severity City of Kent DMP Update Anchor Environmental,L L C Scope of Work 3 June 11,2007 r and frequency of drainage problems based on available stoma drainage system maintenance records. 3.2 Drainage Systems Field Reconnaissance and Problems Documentation Anchor will complete a field reconnaissance of priority drainage systems selected in ' coordination with City staff to document flood-prone areas and severity of water quality problems. The field reconnaissance will also include documentation of information t obtained from stakeholder discussions. Project team staff will clarify and document questionable subbasin and catchment boundaries and drainage system characteristics as part of the field reconnaissance. Drainage problems will be documented in tabular form including comments on possible problem sources, and that information will be added to the project GIS database. Task 4— Local and Ecology Drainage Standards Review and DMP Analysis Criteria Recommendations (Phase 1) 4.1 Compare City and Ecology Drainage Analysis Standards The Anchor team will review and summarize current City drainage analysis standards under Kent City Code (KCC) as they pertain to DMP analysis and Stormwater CIP development Anchor will also compare those standards with the current Washington State Department of Ecology(Ecology) Stormwater Management Manual for Westem Washington, Minimum Requirements(as applicable to DMP drainage analysis) that are now required for use under the City's NPDES Phase 1I Stormwater Permit requirements. 4 2 Document Recommended DMP Analysis Criteria Anchor will review any inconsistencies between the City and Ecology drainage analysis standards affecting DMP development and will meet with the City to discuss resolution of inconsistent items. The recommended analysis criteria for the DMP update will be formulated based on those discussions and will be documented in a memorandum. Task 5—Trunk Drainage Systems Hydrologic and Hydraulic Analysis 5.1 Review Existing Watershed and Drainage System Analysis Models Project team staff will briefly review and summarize available watershed and drainage system models from prior drainage plamlmg studies by others for the priority drainage systems. This summary will target to include the model/program type and version, age, City of Kent DMP Update Anchor Enzwonmental,L L C Scope of Work 4 June 11,2007 r t reach locations and lengths, and watershed Iand use and drainage system conditions compared to current conditions. Project team staff will also consider input/output condition and expected functionality of the models. Based on this review, Anchor will recommend those models that are adequate to be maintained for current use in the DMP update. 1 5.2 Develop Precipitation Input,Modeling Approach, and Interfaces betzveen Models Project team staff will develop a long-term,5-minute,precipitation data set specific to the Kent area(from similar data sets previously developed for the Seattle area)for use in hydrologic modeling. This input is needed to accurately model runoff peak flows from highly urbanized areas to local drainage systems. Anchor will also document the specifics of the proposed modeling approach,mcluding details for the proposed models coverage and the linking of hydrologic and hydraulic models(HSPF and MGSFIood)with SWMM Extran(for storm drainage systems) and HEC-RAS(for receiving waters). Anchor will prepare a user-friendly hydrologic/hydraulic models interface for City staff that will aid in future models use or 1 modification. Project team staff will meet with City staff to review the modeling approach and inputs. 5.3 Manipulate GIS Database for Model Inputs Anchor staff will use the available City GIS database combined with other sources of information to develop basin-specific model input needs These inputs will include watershed characterization and runoffiloss parameters for hydrologic modeling,and drainage system network pipe and hydraulic structure data for hydraulic modeling. For hydrologic modeling, the work will include using GIS to intersect layered watershed parameters(land cover,soils, and slope)to develop PERLND and impervious area data sets used for HSPF modeling. The pertinent GIS data for hydraulic modeling will be extracted into a custom spreadsheet ' developed to allow direct import of the required data sets into the SWMM Extran input files. j5 4 Develop and Run Hydrologic Model Sunulations Using HSPF and MGSFIood, the project team staff will conduct hydrologic modeling analysis for identified drainage systems within priority subbasins identified for the Phase 1 and 2 planning areas. The hydrologic models will estimate runoff response for existing and projected comprehensive plan land cover conditions. Hydrologic modeling will typically be performed using continuous simulation methods,with statistical evaluation of peak recurrence interval City of Kent DMP Update Anchor Enviromriental,L L C Scope of Work 5 June 11,2007 flows(and other statistically derived flow data as needed)at designated points of analysis. HSPF will be used to model larger systems, while MGSFlood will be used to model smaller, less complex drainage systems. The hydrologic modeling coverage will extend over the entire basin area, including those areas beyond the planning area limits(although analysis detail will be reduced in those areas). For those subbasins,land use/cover,soils, and topographic data will be reviewed from adjacent jurisdictions(assumed to be secured by City staff). Hydrologic modeling of basins will be completed in the phases where those basin planning areas are analyzed,except that for Springbrook Creek. HSPF hydrologic modeling of the Spnngbrook Creek system will be completed m Phase 2 since its hydrology is linked to the Garrison Creek and Panther Lake Annexation Area basins to be analyzed in Phase 2. i 5 5 Develop and Run Hydraulic Model Simulations Using the SWMM Extran hydraulic model, the project team staff will conduct hydraulic modeling analysis of the City's trunk drainage systems(pipes typically 1S inches to diameter and larger)tributary to receiving waters. This modeling will be done to confirm the adequacy or deficiency of storm drainage systems and major(regional)storage/detention systems under , existmg and future land use flows. To do so,representative recurrence interval event hydrographs will be extracted from the continuous simulation hydrologic models for dynamic simulation of drainage system hydraulic response. The hydraulic modeling will be luTuted to those priority drainage systems within the Phase 1 and Phase 2 planning areas identified in coordination with City staff where adequate database exists and where signtficant existing or potential drainage problems are apparent. The headwater portions of the drainage systems (typically those storm drains and culverts measuring 12 niches in diameter and smaller) may be hydraulically modeled using more simplistic methods(i.e., uniform flow with headwater depth requirements and conventional spreadsheet backwater models). Hydraulic modeling of basin drainage systems will be completed in the phases where those t basin planning areas are analyzed,except that in the Green River Natural Resource Area (GRNRA). Hydraulic modeling of trunk storm drains in that basin(beyond the Mill Creek j diversion hydraulics to/from the GRNRA to be completed under Task 6)will be completed in Phase 2. j City of Kent DMP Update Anchor Environmental,L L C Scope of Work 6 June 11,2007 5.b Modeling Results Documentation Anchor will document the results of all watershed and drainage system modeling conducted for this project using a standard reporting format to be developed in coordination with City staff. The drainage system modeling results of interest will be summarized and presented in tabular form to assist the project team staff in developing solution alternatives. 5 7 Drainage System Hydrologic and Hydraulic Models Training(Phase 2) The Anchor team will prepare for and provide a 1-day training session for City staff involved with future(ongoing)use of the project hydrologic and hydraulic models. Handout materials to summarize the modeling approach and models development and hands-on models application will be conducted in a selected City drainage planning area. It is assumed that the City will provide a suitable facility location for the training including microcomputers suitable tfor programs installation and training of participants. All cost for use of such facilities and equipment for the training are assumed to not be part of this Scope of Work(thus is assumed to be an external cost handled independently by the City). Task 6 — Receiving Waters Hydraulic Analysis Updates 6 1 Review Existing Receiving Water Hydraulic Models Project team staff will briefly review and summarize available receiving water hydraulic models(HEC-RAS) from prior drainage planning work or flood studies for the priority 1 drainage systems. This summary will include the model/program type and version, age,reach locations and lengths,and flood flow and watercourse conditions compared to current conditions. Project team staff will also consider input/output condition and expected functionahty of the models. Based on this review,Anchor will recommend those models that are adequate to be maultamed for current use in the DUT update. 6.2 Hydraulic Model Update Inputs Anchor will coordinate with City staff to identify those priority-receiving waters that require updated hydraulic modeling using HEC-RAS(and where existing models are deemed adequate for update). For those receiving water models, the project team staff will identify necessary hydraulic structure and stream cross-section data needs,and will request City tsurveys for pickup of that data(or will rely on other suitable databases for models update provided by the City). Upon receipt of the data from the City,Anchor staff will input 1 City of Kent DMP Update 72 Anchor Enrnronmental,L.L.0 Scope of Work 7 I[ June ll,2007 supplemental hydraulic structure and cross-section data to the model(s). It is assumed that no r new hydraulic models will be developed. 6.3 Run and Evaluate Hydraulic Model Simulations Where hydraulic model updates are being completed, the project team staff will assign hydraulic parameters based on current stream characteristics(as derived from held reconnaissance observations). Recurrence interval flood flows will be updated(as required) based on drainage system modeling updates and considering prior study and updated streamflow records(where available). Project team staff will run the HEC-RAS model simulations to develop hydraulic profiles for selected recurrence interval peak flows. The results of these hydraulic modeling simulations will be used to document potential flooding problems along those stream reaches along with backwater effects at drainage system outfalls being analyzed for the DMP update. Hydraulic modeling updates of priority receiving waters selected in coordination with City staff will be completed in the phases where those basin planning areas are analyzed. For Phase 1 Services, this is intended to include lower Mill Creek, Inclusive of the off-channel flow , diversion and routing through the GRNRA,along with some(limited)hydraulic modeling updates in upper Mill Creek. 6.4 Document Hydraulic Modeling Results The Anchor team will document the results of all receiving water hydraulic modeling conducted for this project using a standard reporting format to be developed in coordination with City staff. The receiving water hydraulic modeling results of interest will be summarized r and presented in tabular form to assist the project team in developing solution alternatives. Task 7—Analyze Drainage System Improvement Needs and Develop/Evaluate Alternative Solutions 7.1 Identify and Prioritize Collective Trunk Storm Drain System Improvement Needs Anchor will document those drainage systems and stream reaches in need of improvement based on known and modeled drainage problem areas. Project team staff will review the results of modeling analyses conducted in Tasks 5 and 6 to define existing or projected deficiencies in the conveyance or storage of flood flows and treatment opportunities within the priority trunk drainage systems. Those deficiencies will be compared with existing drainage City of Kent DMP Update Anchor Environncental,L.L C Scope of Work 8 June 1I,2007 problem areas documented by Task 3,and an updated table of the existing and projected problem areas will be prepared(with mapped location). Anchor-will also review the City's Transportation Master Plan for required drainage infrastructure unprovement needs associated with reconunended roadway CIP improvements. A list of reaches and systems in need of improvement will be reviewed with City staff to identify solutions development priorities. Anchor will prepare a memorandum that summarizes the findings of this drainage 1 problems and solution needs assessment as they pertain to the DMP development. 7.2 Develop Alternative Solutions Project team staff will identify solution opportunities within priority subbasin and trunk drainage systems. The solution opportunities will focus on options to improve conveyance, detention, treatment, and outfalls. The solution opportuwties will be based on identified capacity needs,system characteristics,review of topography and aerial photographs,assessor's data, and selected field reconnaissance of possible regional detention and water quality treatment sites Anchor will link the improvement opportunities into a system of alternative drainage system improvements(no more than two alternative solutions per drainage system) that achieve the desired functional improvements for identified problem areas Project team staff will adjust and size improvements consistent with the Task 4 recommended analysis criteria standards. 7.3 Evaluate and Document Alternative Solutions Anchor will complete a hydraulic modeling evaluation of the alternative solutions for ' hydraulic capacity, detention,and treatment needs(where applicable)to verily if the intended improvement function is feasible_ For those systems that are not modeled,other more simplistic methods will be used to evaluate the solutions such as spreadsheet hydraulic analysis. The evaluation will also consider other factors such as soils,existung documented major utilities,known geomorphic stability problems(for open channels),and other similar ' factors where such information is provided by the City to facilitate evaluation of improvements suitability. For those proposed improvements that overlap with defined critical areas, the Anchor team will review potential impacts and habitat effects/benefits within those areas as input to Task 14 State Environmental Policy Act(SEPA)programmatic checklist development. ' Anchor will graphically document proposed improvement solutions for priority drainage problem areas for review with City staff. City of Kent DMP Update Anchor Environmental,L L C Scope of Work 9 June 11,2007 Task 8—Alternative Solution Quantity and Cost Estimates 8.1 Develop Cost Spreadsheets and Unit Costs for Proposed Drainage Improvements Anchor will develop a protect-specific cost estimating spreadsheet for proposed improvements to provide planning-level construction cost opinions. Project team staff will develop standard unit costs for key common elements of work (e.g., storm drain conveyance piping) for use in preparing the estimates. 8.2 Prepare Alternative Solution Quantity and Cost Estimates Anchor will prepare planning-level quantity and construction opinions of cost for alternative drainage infrastructure improvements. During Phase 2, the quantity and cost , estimates will include recommended stream restoration projects from Task 10. Anchor will prepare a memorandum to summarize cost opinions for Phase 1 and 2 planning area drainage system improvement alternatives being analyzed. Task 9— Rank Alternative Solutions and Select/Prioritize CIP Improvements 9.1 Develop Alternative Solutions Ranking Evaluation Spreadsheets (Phase 1) Project team staff will review the anticipated functional improvement,cost, and environmental assessment ranking criteria for all potential projects being evaluated with City staff. Project team staff will also develop a spreadsheet matrix that summarizes the proposed alternative improvements and ranking criteria for review with City staff.An updated version of this spreadsheet will be provided in Phase 2. 9.2 Establish Project Priorities and Recommended Stormwater CIP Update Anchor will evaluate and establish the priority ranking of solution alternatives and will present the results of this assessment to City staff. If requested, Anchor will present projects and ranking criteria and results to the Citizens'Task Force(CTF;see Task 15) in Phase 2. Anchor will document the recommended improvements with associated priorities for inclusion in the City's Stormwater CIP update to be completed in Phase 2. Task 10— Environmental Habitat Restoration Assessment(Phase 1) 10 1 .Fish Habitat Projects Review and CIP Cost Integration Anchor will review opportunities for fish habitat and fish passage improvements that could be accomplished within the study area watersheds. Anchor's review of these opportunities City of Kent DMP Update Anchor Environmental,L LC r Scope of Work 10 June 11,2007 ' will be based on findings from field reconnaissance and existing planned projects under the Green Duwamish Ecosystem Restoration and the Water Resource hlventory Area (WRIA)9 ' Salmon Habitat Enhancement Programs. For identified potential projects of this type, Anchor staff will review existing plans,provide comments on proposed improvements, and will develop planning-level cost opinion updates for integration mto the Stormwater CIP update. 10.2 Wetlands Overview Assessment for Solutions Limitations and Potential Mitigation Needs ' Anchor will review National Wetlands Inventory database and other wetland inventory information in the City's GIS database as applicable to the priority drainage systems and receiving waters being evaluated for improvement. For project-specific issues with potential wetland areas, Anchor staff will perform limited "windshield" wetland surveys to confirm or refute the presence of wetlands These wetland 'inventory surveys will be conducted to the extent limited by the task budget. Anchor staff will provide guidance on wetland mitigation needs as part of developing implementation cost opinions for potential Stormwater CIP update projects, in accordance with the Kent City Code 11.06. ' Task 11 —Water Quality NPDES and TMDL Assessment 111 Review Existing City Water Quality Program tAnchor will review the status of the City's water quality program for compliance with NPDES and Total Maximum Daily Load (TMDL) requirements. Monitoring elements of the following programs will be reviewed. source control baseline trend monitoring, illicit discharge detection and elimination, source tracking, and surface water quality. 11.2 Evaluate and Document NPDES and TMDL Compliance Needs Anchor will compare the City's existing water quality program components identified in coordination with City staff with those currently required (i.e., under NPDES Phase II) and will identify program modification needs to assist the City in development of the Stormwater Management Program (SWMP). Project team staff will review the City's water quality monitoring requirements for Ecology's Big Soos Creek T1bfDL and will determine supplemental water quality program requirements necessary to comply with the current TMDL. City of Kent DMP Update 7E Anchor Envaonmental,L L.0 Scope of Work 11 N2 June 11,2007 1 11.3 Identify Priority Water Quality Project Needs Anchor will work with City staff to document priority drainage system reaches with water ' quality problems that could benefit from treatment controls. Project team staff will identify potential water quality improvement best management practice(BMP) concepts that will address those priority water quality problem areas. This will be limited to identification of potential treatment BMP types and their approximate sizing for plamling-level cost assessment. 114 Document Water Quality Improvement Program Recommended Actions and Estimated Costs Project team staff will prepare water quality program implementation cost opinions for the recommended water quality program modifications and selected treatment improvements projects. The programs will include the costs for the fDDE program implementation, other SWMP elements, and long-term NPDES permit monitoring program development. The opinions of cost will be suitable for integration with the Stormwater CIP update. ' Task 12—Operations and Maintenance Assessment 12.1 Review Current Operations and Maintenance Program, Practices, and Recordkeeping Project team staff will meet with the City's maintenance program key staff(one meeting assumed) to discuss the current operations and maintenance program components, activities, and recordkeeping. A memorandum will be prepared to suinunarize and document findings of this assessment. , 12 2 Evaluate City Hansen System FMS and Expanded Capabilities Project team staff will review the City's current operations and maintenance records tracking system (Hansen System FMS) and make recommendations for potential upgrades that could maximize benefits to stormwater control operations and meet the NPDES reporting requirements. These recommendations will be documented in the memorandum prepared with Subtask 12.1. 12 3 Review Vactor Waste Program and Needs , Project team staff will review the City's vactor waste program, including removal, interim storage and treatment, and ultimate disposal of solids. Options will be jointly evaluated City of Kent DMP Update Anchor Environmental,L L.0 Scope of Work 12 1c Jute 11,2007 ' with City staff for supplemental interim storage of vactor waste and appropriate 1 recommendations will be made for necessary improvements. These recommendations will be documented in the memorandum prepared with Subtask 12.1. 12.4 Document Operations and Maintenance Improvement Recommendations and Estimated Costs Anchor will review the City's current annual Stormwater operations and maintenance budget and activities. Recommended modifications to staffing levels,equipment needs,and associated program budget modifications will be made that are consistent with recommended program actions for integration with the Stormwater CIP update. Task 13 — Recommended NPDES Phase II Program Adjustments 13 1 Review City Stormwater Programs Consistency with SWMP Requirements Anchor wiI] review the City's current SWMP for consistency with the Ecology NPDES Phase II Permit requirements. For the six major SWMP program elements required in the Phase II ' permit, Anchor will identify current City programs compliance and/or inconsistencies in need of action or resolution. 13 2 Document Stormwater Management Program Expansion Needs for Compliance Project team staff will identify supplemental SWMP documentation needs. Potential areas that could require supplement documentation include BMPs,runoff controls for new and redevelopment and construction sites, and effectiveness monitoring for BMPs and programs in compliance with the Phase 11 permit. Project team staff will also review and identify SWMP recordkeeping practice adjustments necessary for consistency with forthcoming City ' annual reporting requirements. Those reporting requirements include public education and outreach,public involvement and participation,IDDES, controlling runoff from developments and construction sites,and pollution prevention and operation and maintenance for municipal operations. 13 3 Estimate Cihj Staff Resources and Budget Needs for Compliance Anchor will estimate City staffing and budget requirements to improve and sustain stormwater quality programs at levels consistent with Phase II requirements as a program ' element of the Stormwater CIP update. City of Kent DMP Update Anchor Environmental,L L C Scope of Work 13 June 11,2007 Task 14— Programmatic SEPA Checklist(Phase 2) 141 Prepare DMP Programmatic SEPA Checklist Anchor will complete an overview environmental assessment of DMP-recommended stormwater program improvements. The environmental assessment is anticipated to be conducted under the SEPA programmatic option. The assessment will evaluate expected citywide construction and operational impacts and potential mitigation/enhancement measures needed for the Stormwater CIP update program recommendations. Task 15— Public Involvement for Plan Development(Phase 2) , 15.1 Develop DMP Public Involvement Strategy with City Staff Anchor will meet with City staff to discuss the desired DMP public involvement strategy. Project team staff will prepare a memorandum that summarizes the agreed-to approach for disseminating information about the DMP plan development to the public. I5 2 Citizens'Task Force Presentations Anchor will present up to three updates to the City-established CTF that describes DMP plan progress at important milestones. The presentations will include a forum to answer CTF questions and receive guidance from the public on DMP development. 153 Public Meeting Presentations Anchor will prepare for, attend, and prepare summaries for up to two public meetings that will be held to inform the public about the drainage planning work. The public meetings will solicit input and present findings of the evaluation. This strategy assumes CTF will be ' the prunary avenue for public/stakeholder input beyond public meetings. Task 16 — Prepare Drainage Master Plan Submittals 16 1 Prepare DMP Report Outline(Phase 1) Anchor will prepare an initial outline of plan sections to guide required project team inputs 1 to the plan. The City will review this outline and provide comments to guide desired DMP report contents and format. Anchor will update the outline to incorporate City comments. 16 2 Prepare 50% DMP Report(Phase 1 and Phase 2) Anchor will prepare a draft plan at approximately 50%level of project completion. This draft will include text, tables, and figures to document plan evaluations, results, and ' City of Kent DMP Update Anchor Environmental,L L C Scope of Work 14 lane 11,2007 recommendations. For Phase 1,DMP reporting will be limited to this level. Anchor will prepare a PDF file of the 50%DMP report for City review. 16.3 Prepare 90%Full DMP Report(Phase 2) Anchor will prepare a final draft plan at approximately 90% level of project completion. The 90% draft will include text, tables, figures, and appendices to document plan evaluations, results, and recommendations. This 90%draft will include the team's response to plan review comments received on the 50% draft. Anchor will prepare a PDF file of the 90%DMP report for City review. ' 16 4 Prepare and Print Final DMP Report(Phase 2) After City and CTF review, the project team staff will finalize the DMP plan, including response to comments received on the 90% draft. Anchor will prepare a PDF file of the final DMP report for distribution to the City and will provide other Word, Excel, and graphic files for the City's records. Printed hardcopies of the final plan will be prepared (up to 10 copies are assumed). ' Task 17-City Council Presentations Assistance for DMP Approval (Phase 2) 17 1 Assist with DMP City Council Approval Strategy Anchor will assist City staff with developing and implementing a strategy for succeeding with the City Council's plan approval process and timeline. Anchor will also assist City staff in working with the City Council to facilitate timely DMP approval. i17 2 City Council/Coninuttee Presentations Anchor will work with City staff to establish the desired level of consultant team ' involvement and task force interaction at City Council/Committee meetings. Anchor will also prepare for and attend up to two presentations as requested. ' Task 18 - Project Management, Meetings, and Coordination ' 1S 1 ProJectlSubconsultantManagenzent As the prune consultant, Anchor will prepare subconsultant agreements to authorize work ' to be conducted by the team. Anchor staff will prepare a staff work plan and schedule (including periodic updates) to guide the progress of the DMP update. The Anchor project ' manager will provide ongoing project team management throughout the project,including City of Kent DMP Update Anclwr Environmental,L LC Scope of Work 15 June 11,2007 internal/client coordination, schedule and budget management, and product review. ' Monthly status reporting with invoicing will be provided, , 18 2 Meetings Anchor staff will prepare for, attend, and summarize frequent coordination meetings with City staff. For Phase 1,up to six monthly status update meetings are assumed, with one ' staff person (Anchor project manager) attending per meeting. Anchor will also prepare for, attend, and summarize task-specific meetings with City staff. For Phase 1,up to four ' meetings are assumed, with two staff persons attending per meeting. 18.3 QAIQC Internal Reviews Anchor will complete ongoing internal quality assurance/quality control (QA/QC) review for deliverable products throughout the protect duration. 18 4 City Reviews Coordination (Please 2) ' Anchor will coordinate with City staff during and in response to periodic reviews of intermediate products and the draft and final DMP documents. , DELIVERABLE PRODUCTS ' The major deliverable products of the DMP update(Phases 1 and 2 combined) will be: • Task 1 —Memorandum to summarize DMP objectives and priorities along with findings of existing drainage plans review; GIS figure showing plannmg area basins, subbasins, catchments, and associated drainage areas • Task 2—Memorandum to summarize findings from assessment of the adequacy of the City's current GIS inventory data for the DMP modeling update including spreadsheet ' to summanze supplemental inventory data survey pickup needs and priorities • Task 3—Table summarizing identified drainage problem areas within priority drainage planning areas/systems and possible sources; supplemental City GIS coverage layer with , this information provided as attribute data Task 4—Memorandum to document comparative review of City and Ecology drainage i management standards and recommended analysis criteria as applicable to the DMP CIP projects update (Phase 1) City of Kent DMP Update 3° Anchor Environmental,L.L C Scope of Work 16 June 11,2007 , Task 5—Memorandum to summarize review of existing watershed and drainage system models for priority drainage planning areas/systems including adequacy of use for the DMP update, long-term,5-minute, precipitation data set applicable to City drainage planning areas;hydrologic and hydraulic modeling approach and input needs;interface between hydrologic and hydraulic models; spreadsheets to document City GIS data sets extracted for hydrologic and hydraulic model inputs;hydrologic and hydraulic model files and memorandum with tables to summarize modeling results for priority dramage systetns analyzed; 1-day hydrologic and hydraulic models use training session for City staff • Task 6—Memorandum to summarize review of existing receiving water hydraulic models for priority drainage planning areas/streams including adequacy of use for the DMP update;supplemental data request for hydraulic model update hydraulic structure ' and section data inputs (for City survey pickup and/or records review);hydraulic model files and memorandum with tables to summarize modeling results for priority receiving waters analyzed including potential flooding problems and drainage system backwater effects ' Task 7—Memorandum to summarize existing and projected drainage problems and solution needs/priorities for those priority drainage systems evaluated for the DMP update (inclusive of City's current 6-year Transportation Improvement Program drainage improvement needs);hydraulic model files to document analysis results for alternative solutions;figures to document drainage system improvement recommendahons within priority drainage systems ' • Task 8—Plarming-level cost estimating spreadsheet with improvement components unit costs;memorandum and cost opinion spreadsheets for recommended Stormwater CIP improvements for priority dramage systems evaluated (inclusive of stream restoration projects evaluated in Task 10) • Task 9—Completed CIP solutions ranking evaluation spreadsheets for priority drainage and stream systems evaluated;prioritized list of recommended solutions for inclusion with City's Stormwater CIP update Phase 1 Deliverables (Scope Items in Phase 1 and 2, with the majority of services in Phase 1) ' Task 10 -Memorandum and planning-level cost opinions to document comments on and expected implementation costs for City-planned stream/river restoration projects; City of Kent DMP Update Anchor Environmental,L.L.0 Scope of Work 17 u Tune 11,2007 memorandum to document limited wetlands assessment in critical areas potentially ' affected by recommended Stormwater CIP improvements ' Task 11—Memorandum to document existing City water quality program review and program modification needs for compliance with NPDES Phase lI SWNTP requirements ' and Ecology TMDL for Big Soos Creek; cost opinions for recommended water quality program modifications and treatment improvements within priority drainage systems ' evaluated Task 12—Memorandum to document stormwater operations and maintenance program ' assessment, including recommended updates to Hansen FMS, improvements for vactor waste storage and management, and recommended stormwater operations and maintenance program modifications for City staffing and equipment including associated cost opinions for those program modifications , Task 13—Memorandum to document NDPES Phase II permit City SWMP consistency and supplemental needs for compliance and annual reporting;cost opinions for implementation of recommended NPDES Phase II City stormwater program ' modifications • Task 16—DMP report outline and 50%DMP report for planning areas analyzed in Phase ' 1 in PDF file format • Task 18—Schedule updates; monthly status reports and invoicing ' Phase 2 Deliverables (Scope items only in Phase 2) , • Task 14—Programmatic SEPA Environmental Checklist for the DMP-recommended Stormwater CIP and program improvements ' • Task 15—Memorandum to describe recommended public involvement strategy; presentation materials for CTF and public meetings attended ' • Task 16—DMP report, 50% version for planning areas analyzed in Phase 2, 90%version, and final DMP in PDF file format; 10 printed hardcopies of the final DMP update report ' including supporting files • Task 17—Presentation materials for City Council/Committee meetings attended • Task 18—Schedule updates;monthly status reports and invoicing City of Kent DMP Upstate %Z Anchor Environmental,L.L C Scope of Work 18 June 11,2007 ' Deliverable products will be typically furnished in electronic file format,with limited hardcopies as required or noted. Copies of final modeling, supplemental GIS coverages, DMP report, and other supporting project files will be provided on DVDs for the City's records. ' FEE ESTIMATE ' The attached Fee Estimate Table (Exhibit A-1,Phase 1 Services)summarizes the combined Anchor and subconsultant(HDR and MGS) fee estimate to complete the identified Phase 1 ' Scope of Services and deliverable products as described above Invoicing will be based on a time and reimbursable expense basis in accordance with the project team's current billing rates ' as shown in Attachments A-1 through A-3. A 10 percent service charge will apply to subconsultant services and to Anchor and subconsultant reimbursable expenses. The estimated maximum fee of$400,000 for Phase 1 Services will not be exceeded without City of Kent authorization as may be associated with agreed-to changes in work scope or products. ' SCHEDULE For the DMP update, Anchor will begin work immediately upon receipt of a Notice to Proceed ' from the City and will make every reasonable effort to complete the work assigned for Phase 1 within 6 months from the Notice to Proceed. Phase 2 Services are anticipated to take an additional ' 6 months to complete, and assuming they are authorized by contract supplement prior to the completion of Phase 1 Services, the target schedule for completion of Phase 1 and 2 of the DMP ' update is 12 months. The current target schedule for project execution is shown 1n Exhibit A-2. It will be adjusted as required in mutual concurrence with City staff as the project proceeds. Anchor ' will not be held responsible for delays,occasioned by factors beyond its control, which could not reasonably have been foreseen at the time of the execution of the Agreement. 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O O A EA EA fA 69 69 69 69 69 69 EA 69 b9 69 69 69 69 EA b9 fA EA fA W 69 EA 69 (p N V v O O O N 0 cn 0 0 0 J J O OD O 0 co s oc -) N O O co co O N W O O W 0 O W 0 0 W O O O A A OD W W O N cn r + + , . , , O W O W O r + , O O A b9 bi fA 69 EA fA 69 Vi 69 EA EA 69 EA Efl 69 69 69 EA 69 Gf fli Vi to 69 69 oJ W m (A O p O O O O 00 O O o "Moo W O N cn 0) Cn CDCT W O O O A to CA O 0 0 , + , r , O r O 0 0 , r r , r O A 69 di 69 w fA EA bi to 69 EA 69 69 64(0 69 EA 69 69 EA fA fA W EA b9 69 o N N W N O O O O O O O O m 0 0 co W N T CT O N O O (T O O (A W , cn0 O , , W 69 69 69 69 W fA 69 fA 69(A 69 Ef9 Cl) W EA fA 69 69 EA 69 EA EA EA EA EA DO W � 00 0 0 0 0 0 0 N A A W C. co A N (A O CD v r r O r , , , 0 -4 O , r ? fff fA EA bi 69 69 69 fA fA EA b9 to 69 fA 69 69 fA w fA 69 69 EA 69 fA 69 op A A cn m O O O O O O O O 00 O W O O , r r r , O A 69 69 fA EA EA W fA W W W EA 69 69 69(A b) 69 69 69 69 W fA fA EA EA O W W N O O O CD O CD O O W O CD W O p W of M W N O O(T f>t N O CD A , O O + O O + + + + + O + + O O + + r + 1 0 A EXHIBIT A-1 FEE ESTIMATE TABLE - PHASE 1 SERVICES EXHIBIT A-2 1 SCHEDULE - PHASE 1 AND 2 SERVICES ATTACHMENTS A-1, A-21 A-3 BILLING RATE TABLES - ANCHOR, HDR, MGS f�Z ANCHOR � Attachment A-1 , Anchor Environmental, L.L.C. 2007 Billing Rate Schedule City of Kent Drainage Master Plan Update Phase 1 Services Professional Level Houriv Rates Principal Engmeer/Planner/Scientist . ... ................................................................. ... ....... ..$170 Consulting Engineer/Planner/Scientist. . ................ ... ................................................. ....... ..$158 Senior Engineer/Land Arch/Planner/Scientist.................. ............. .. ............................... ... ...$140 Engmeer/Planner/Scientist... . . ... ..... ....... .. .............. ............................................... . ...... $125 Senior Staff Engineei/Land Arch/Plannei/Scientist............. . ............ ............. ..... ... ........... $105 Staff 2 Engineer/Planner/Scientist. . ...... ...... .... ................... . ............. ... .............. ...... ..... ..$92 Staff 1 Engineer/Planner/Scientist. ........... ..................... ................... .. ......... ........ .... ..........$82 , c Reid Technician . ..................................................................... ......... ... .............. .... ............ $6., SeniorDesigner... . .. •.. ............. ....... ..... ............................ ..... .......... .................. ........ ... $90 Designer/Graphics... ... ........................ ....... .. . .. ....... .. • ..... .. ...... ....................... ... ... . ..$90 ProjectAssistant .................................................... ....................................................................$70 Administrative... ... .... ........... ............. ...... ... ............ ....... ......... ................... ... ........ ... .... $65 Special Hourly Rates All work by a testifying expert.......................................................1.5 times professional level rate EXPENSE BILLING RATES Expense Rates Diving Services(per day).... . .. ....... . ....... ............... .......................................... Project Specific ' CAD/GIS/Modeling(per hour)....................... ............ .......................................... ...... . . .. $10 00 Graphic Plots(vat ies with plot size) .......................... .................................................. ... .. $3-6/sf Photocopies (per copy)....... . ..... . ............ ........... .............................................. ............ .....$0.10 Faxes(per page).. .. . ..... ...... ............ ...... ... .................................................................... ...$1.00 Mileage(per mile)..... ........................................... ....... ..... ...................Current Federal Standard FEE ON LABOR AND EXPENSE CHARGES Subcontracts/subcon sultants... ........ ..................................................... ....................................10% Travel and other direct costs.................................................................................... ......... .... .. 10% Fieldequipment& supplIes................ .................. ............. .......... ........ .............. ........... . ....10% This is a company confidential document 1DIA Attachment A-2 HDR, Inc. 2007 Billing Rate Schedule City of Kent Drainage Master Plan Update Phase 1 Services Title Hourly Rate Partner $185 Principal $166 Senior Staff Scientist $147 Senior Engineer 2 $140 Senior En^,neer 1 $128 Project Manager $122 Project Controller $110 CAD Technician $93 Staff Engineer 2 $88 Staff En sneer 1 $79 Project Assistant $56 V.►..4� Engineering Consultants, ine. Attachment A-3 MGS Engineering Consultants, Inc. 2007 Billing Rate Schedule City of Kent Drainage Master Plan Update Phase 1 Services STAFF STAFF CATEGORY BILLING RATE Mel Schaefer, PhD,P E_ President/ $ 130lhour Principal Engineer Bruce Barker,P.E. Principal Engineer $ 120(hour EXHIBIT R L 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 eormection 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 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, 1 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 foini CG 25 03 11 85 There shall be no endorsement or modification of the Conmiercial 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 1 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 properly damage of$1,000,000 per accident. 2. Con-mnercrai General Liability insurance shall be written with limits no less than$1,000,000 each oceunenee, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. i i EXHIRIT R 'co, ti,»,Pdl 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 Conti actor's insurance shall be endorsed to state that coverage shall not i 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 perfonned 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 co,.erage 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 ' 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 famish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 1 Kent City Council Meeting Date July 3, 2007 Category Consent Calendar 1. SUBJECT: KENT RUSSELL ROAD OPERATIONS CENTER ARCHITECTURAL CONTRACT— AUTHORIZE 1 2. SUMMARY STATEMENT: Authorize the Mayor to enter into a contract with Wagner Architect Planners for Design of the Kent Russell Road Operations Center for a total not to exceed $1,503,308, upon concurrence of the contract language acceptable to the City Attorney and the Public works Director. 3. EXHIBITS: Public Works memorandum and consultant services agreement I4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds I 1 DISCUSSION: ACTION: Council Agenda Item No. 6J PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director 253-856-5500 1111111� KENT Ph axe 253-856-6500 WASHINOTON Address* 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 12, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date. June 18, 2007 From: Larry Blanchard, Public Works Director Subject: Architectural Contract/Kent Russell Road Operations Center (KRROC) Item 4 Motion: ■ Required ❑ Not Required ❑ For Information Only Authorize the Mayor to sign a contract for architectural services with Wagner Architects Planners for Design of the Kent Russell Road Operations Center for a total not to exceed contract amount of $1,503,308, upon concurrence of the language therein by the City Attorney and the Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract ❑ Policy ❑ SOP's ❑ Other Background/History: The KRROC project has been planned for a number of years. We recently solicited Statements of Qualifications for pre-design, design, bidding and construction administration services. Wagner architects was one of five firms to submit for this project. The selection committee unanimously select Wagner Architects to do the work for this facility which includes, Pre-schematic Design, Schematic Design, Design Development, Construction Documents, Bidding Services, and Construction Services. The architect has completed the preliminary design and cost estimates and the cost of the Phase 2 work has been negotiated. The agreed upon scope of work identified in the contract will be completed from the signing of the contract to the estimated opening of the KRROC in 2010. Summary: The estimated cost of the KRROC for the construction of the buildings is estimated at $9,500,000. Design Services for this facility from the architect is $1,503,308. Recommendations: Recommend Council authorize the Mayor to sign a contract for architectural services with Wagner Architects Planners for pre-design, design, bidding and construction administration for the KRROC for a total not to exceed contract amount of $1,503,308, upon concurrence of the language therein by the City Attorney and the Public Works Director. u IPWCommineeUcwnPaT020071PWC061807doc EXHIBIT A: Scope of Architectural Services KENT RUSSELL ROAD OPERATIONS CENTER CONTRACT NUMBER: CONTRACT DATE: REVISION NUMBER: REVISION DATE: A. OVERVIEW This Scope of Work describes consultant work necessary to get building permits and competitive bids for remodeled and expanded facilities at the Kent Russell Road Operations Center hereinafter referred to as KRROC Development of these facilities will take several years This scope of work and the associated fees are intended to be flexible to meet changing needs and conditions over time and both are expected to be revised as the protect progresses This Scope of Work will be authorized in phases At the end of the Schematic Design Phase and at the end of the Design Development Design Phase, this scope of work and associated fees shall be reviewed and revised to conform to design and budget decisions made by the City at that time This Architectural contract will provide all civil engineering services necessary at the Russell Road site Landscape design will be provided by the City Coordination will be necessary with already funded improvements to that site which are scheduled for completion prior to the commencement of construction for work designed under this contract Some early design work may be necessary to support these already funded elements, and this scope describes early design work which has already been identified B. KENT EAST HILL OPERATIONS CENTER (KEHOC) Work related to the East Hill Operations Center is not m this contract. C. KENT RUSSELL ROAD OPERATIONS CENTER (KRROC) C1. BASIC ARCHITECTURAL SERVICES The Architect's Basic Services consist of the seven design phases described in Paragraphs C1.1 through C1 7, and include normal structural, mechanical, and electrical engineering services Basic services shall also include selection of special equipment to be provided as part of the construction contracts Each consultant shall incorporate Green Design goals into their work Civil engineering design of earthwork, water, storm water or waste water utilities, and pavements, and landscape architecture are included Basic Services shall include estimates of the cost of construction provided by the mechanical, electrical and civil engineers, by the landscape architect and by an Independent cost estimator Drawings shall be provided in 11 x 17 and 22 x 34 in format to scale Drawings shall be in Auto-Cad and supplied digitally Reports shall be provided in 8 '/2 x 11 format. C1 1 PRE-SCHEMATIC DESIGN: IMMEDIATE DESIGN WORK FOR THE YEAR 2007 CONSTRUCTION t C1 1 1 The City has independently retained Wagner to review the condition of the existing buildings and site, to assess compliance with code standards, and to refine earlier Master Plan concepts for use of the site, including remodeling and expansion of existing buildings and construction of new buildings These architectural services will be based on the recommendations of that existing contract Construction of this work is expected to begin after completion of the East Hill facility WAGNER ARCHITECTS 6/15/2007 Page 1 of 8 SCOPE OF SERVICES KENT RUSSELL ROAD OPERATIONS CENTER EXHIBIT A: Scope of Architectural Services , KENT RUSSELL ROAD OPERATIONS CENTER The City is also independently making changes to the facility which will be completed over the next two years This task is to provide design and support services for that work which must be completed prior to the main renovation of the facility This could include civil engineering, electrical engineering, architectural work, specialty equipment, and possibly landscape architecture It may require geo-technical work or soils remediation The first Identified requirement work relating to the existing underground fuel tanks and the design of a new system with new above grade tanks This will require consideration of existing and future underground services, and the selection of the key card access and control system to used at East Hill and throughout City sites C1 1 2 The choices, pros and cons, and costs of alternate key card access and fuel vending systems will be presented for the City to choose from Complete specifications and bidding documents will then be prepared for the system necessary to monitor the new fuel system to be installed in 2007 or 2008 at Russell Road C1 1 3 Changes to the storm water, waste water, and water utilities necessary to support work at the Russell Road site in the years 2007, 2008 and 2009 will be identified Changes to paving, fencing, and landscape installation will also be identified At the direction of the City, complete bid documents will be prepared for any of this work C1 14 Changes to the buildings, electrical systems, and mechanical systems necessary to support work at the Russell Road site in the years 2006, 2007, and 2008 will be identified At the direction of the City, complete bid documents will be prepared for any of this work C1 1 5 Green design elements identified in the Master Plan for the site will be incorporated C1 1 6 DELIVERABLES Studies and documents per tasks C1 1 1 through C1 1 5 C1.2 SCHEMATIC DESIGN PHASE C1 2 1 Based on the Master Plan and the November 2006 construction budget and time schedule, and based on any mutually agreed upon program, budget, plan, and schedule requirements, the Architect shall prepare, for approval by the City, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Protect components C1 2 2 SD DELIVERABLES Drawings showing existing buildings and site Demolition drawings Phasing drawings showing construction allowing operations to continue during construction For each Building Building Floor Plans with work stations and special equipment shown Budding Elevations Building Sections Structural Foundation Plans Structural Framing Plans Building Mechanical Drawings with systems identified Building Electrical and Communication Layouts Preliminary Power One Line Diagrams Landscape Plans showing planting areas and general type of material WAGNER ARCHITECTS 6/15/2007 Page 2 of 8 SCOPE OF SERVICES KENT RUSSELL ROAD OPERATIONS CENTER EXHIBIT A: Scope of Architectural Services KENT RUSSELL ROAD OPERATIONS CENTER Plans showing Areas where Irrigation will be necessary Preliminary layout of camera locations for yard surveillance Electrical Schematic Site Plan with Lighting, Power, and connections to transformers, and Gen Set Project Manual Revised Program Summary and Summary of Key Project Elements Refined development schedule Outstanding Issues Code Summary Building, Energy, ADA, Zoning Design Narratives describing major building systems Architectural Mechanical Electrical Communications Outline Specification Estimate of Probable Construction Cost Three dimensional block diagram of the site C1 23 PRESENTATIONS The Architect will present the Schematic Design Documents to The Steering Committee The City staff using the facilities The building and fire departments C1 24 CITY RESPONSIBILITY The City will review the Schematic Design submission, and provide approval or redirection to the Architect If the Estimate of Probable Construction Cost is higher than the City's budget, the City will work with the Architect to identify changes necessary to balance budget and estimated cost C1.3 DESIGN DEVELOPMENT PHASE C1 3 1 Based on the approved Schematic Design Documents, and incorporating any adjustments authorized by the City in the program, the design concept, or the Project budget, the Architect will refine the Project design to fix the size and character of each component of the entire Project C1 32 DID DELIVERABLES Drawings showing existing buildings and site Demolition drawings Phasing drawings showing construction allowing operations to continue during construction Architectural Site Plan with Buildings, Paving, and Landscape areas Drawings of major site features For each Building Building Floor Plans Building Floor Plans with work stations and special equipment shown Reflected Ceding Plans Enlarged Floor Plans Roof Plans Budding Elevations Building Sections Wall Sections WAGNER ARCHITECTS 6/15/2007 Page 3 of S SCOPE OF SERVICES KENT RUSSELL ROAD OPERATIONS CENTER EXHIBIT A: Scope of Architectural Services KENT RUSSELL ROAD OPERATIONS CENTER Finish Schedules Door Schedules Window Schedules Structural Notes Structural Foundation Plans Structural Framing Plans Structural Sections Typical Steel Details Typical Concrete Details Typical Wood Details Building Plumbing Plans Building HVAC Plans Significant Mechanical Details Building Lighting Plans Building Power Distribution Plans Building data and communication plans Fire Alarm system plans Equipment Plans showing location within each building Equipment lists keyed to drawings Detail sketches as necessary to explain equipment and Installation Floor plans showing furniture and partition systems Site Power and Communications Distribution Plan Site Lighting Plan Protect Manual Summary of Changes to Key Protect Elements since Schematics Refined development schedule Outstanding Issues Code Summary Building, Energy, ADA, Zoning Draft specifications describing all building systems with cut sheets on each piece of proposed equipment with proposed basis for final bidding and construction phase administrative boiler-plate Estimate of Probable Construction Costs Samples of Building Materials Three dimensional block diagrams of the site. C1 33 PRESENTATIONS The Architect will present the Design Documents to The City staff who will use the facilities The City's Building Department C1 34 CITY RESPONSIBILITY The City will review the Design Development submission, and provide approval or redirection to the Architect If the Estimate of Probable Construction Cost is higher than the City's budget, the WAGNER ARCHITECTS 6/15/2007 Page 4 of 8 SCOPE OF SERVICES KENT RUSSELL ROAD OPERATIONS CENTER EXHIBIT A: Scope of Architectural Services KENT RUSSELL ROAD OPERATIONS CENTER City will work with the Architect to Identify changes necessary to balance budget and estimated cost C1.4 CONTRACT DOCUMENT PHASE C1 4 1 Based on the approved Design Development Documents, and incorporating any adjustments authorized by the City in the program, the design concept, or the Project budget, the Architect will prepare Construction Documents for each component of the entire project These Construction Documents will include all work necessary to obtain competitive bids and City of Kent building permits C1 4 2 CD DELIVERABLES Drawings at 65% and 95% and 100% completion Project Manual with technical, contractual, and bidding requirements Estimates of Probable Construction Costs at 95% and 100% Application for Building Permits necessary to proceed with construction This contract will be bid as a lump sum contract using normal architectural contractual language C1 43 PRESENTATIONS The Architect will present 95% Construction Documents to the Constructability Consultant, and work with the Consultant to identify ways to avoid difficult construction details C1.44 CITY RESPONSIBILITY The City will review the Construction Document submission, and provide approval or redirection to the Architect If the Estimate of Probable Construction Cost is higher than the City's budget, the City will work with the Architect to identify changes necessary to balance budget and estimated cost C1 45 FINAL CHANGES If the Estimate of Probable Construction Cost is higher than the proposed budget, and the City identifies changes which will bring the estimate to within the budget, the Architect will make those changes to the Final Construction Documents C1.5 PERMITTING The architect will apply for building permits for the buildings and the site work. This contract assumes mechanical and electrical permits will be secured by the Contractors C151 DELIVERABLES City permits to construct the buildings and improve the site C1.6 BIDDING PHASE The architect will provide Bidding Documents, answer questions from prospective bidders, attend a pre-bid conference and site walk-thru, review the bids, and recommend award of contract C1 6 1 DELIVERABLES FOR EACH OF THE THREE CONTRACTS Bidding Documents including draft Bid advertisement, Drawings, and Project Manuals Pre-Bid Meeting Agenda Minutes from Meeting Written summary of Bidder Questions Addendum as necessary for Document clarification Summary of Bid Results Letter documenting review of Bidders Letter recommending award of Bid WAGNER ARCHITECTS 611512007 Page 5 of 8 SCOPE OF SERVICES KENT RUSSELL ROAD OPERATIONS CENTER EXHIBIT A: Scope of Architectural Services KENT RUSSELL ROAD OPERATIONS CENTER C1.7 CONSTRUCTION PHASE The architect will provide Construction Phase Services with the goal of achieving a completed protect within budget and schedule The City recognizes that the architect does not have control over the Contractor, nor of his means and methods of construction, nor of any aspect relating to safety of property or people on the site during construction Management will include answering questions about the intent of the contract documents, reviewing shop drawings and submittals, reviewing pay requests, reviewing the apparent quality of the work, and generally monitoring compliance with the contract documents Proposed fees are based on the completion schedule outlined in Attachment C, and on a construction phase which does not encounter difficulties If the schedule is extended, or if the contractor is difficult, or if unexpected problems arise, the scope, consultant time, and fees will be adjusted C1 7 1 DELIVERABLES FOR EACH CONTRACT Minutes of weekly job meetings Logs which include and respond to Requests for Information Logs which include Field Directives to the Contractor Change Orders Reviews of Pay Requests and running cost summaries defining the total budget Punch Lists Recommendation for Acceptance of work As-Built Drawings of the work in each contract ADDITIONAL SERVICES Additional services are described separately for different reasons Some services are necessary to the basic architectural contract but are more easily described as separate tasks Some are services which are not now part of the scope of work, and these are mentioned to explain what is excluded Some are services which will be necessary, but the specific scope and fee is difficult to define before the protect is underway In all cases, the fee schedule associated with this scope of work outlines which tasks are now included and which are not C2 BUILDING COMMISSIONING The consultant team will provide commissioning services for building systems to insure they operate as intended This will include training of staff and documentation of operational procedures DELIVERABLES , Operational and Maintenance manuals Commissioning reports as necessary for LEED certification C3. APPLYING FOR LEED CERTIFICATION Document compliance with LEED goals and apply for certification C3 1 DELIVERABLE Modify contract documents for LEED requirements On going memos on compliance Application for certification C4. GRAPHICS Design all signage necessary for the protect C4 1 DELIVERABLE Preliminary and final design schedules Documents which can be incorporated into the overall bid package C5. VALUE ENGINEERING REVIEW WAGNER ARCHITECTS 6/15/2007 Page 6 of 8 SCOPE OF SERVICES KENT RUSSELL ROAD OPERATIONS CENTER EXHIBIT A: Scope of Architectural Services KENT RUSSELL ROAD OPERATIONS CENTER The goal of the review is to review the design at a point where changes can be made without having to make substantial, costly design revisions This will occur at the end of the Schematic Design stage C5 1 DELIVERABLES An agenda and meeting minutes for workshop meeting with all consultants A report describing potential changes with cost impacts will be submitted C6 CONSTRUCTABILITY REVIEW The goal of the review is to identify specific parts of the contract documents which may present a problem or unnecessary cost during construction This will occur at the 95% completion stage C6 1 DELIVERABLES An agenda and meeting minutes for workshop meeting with all consultants A report describing potential problems and solutions will be submitted C7. BUILDING ENVELOPE REVIEW AND DESIGN The goal of the review is to review the design for weather-tightness C7 1 DELIVERABLES Recommended details and specifications for building envelope components C8. FUEL SYSTEM DESIGN The status of the fuel system replacement is unclear The goal of this task to provide complete design documents for the fuel system, the enclosure, and the vending system This may be provided by a separate consultant, so no fees are included in the March 20 fee schedule C8 1 DELIVERABLES Schematic, DID, and CD documents for complete systems Permitting, bidding, and construction phase services C9. SITE SURVEYS Provide any survey work necessary This work may be done by the City, so no fees are included in the March 20 fee schedule C9 1 DELIVERABLES A site survey in as much detail as necessary for design and construction C10. GEOTECHNICAL STUDIES Provide any geo-technical work necessary for work on this site The scope of work will be unclear until a specific building is proposed An allowance is included in the fee schedule C5 1 DELIVERABLES A geo-technical report in as much detail as necessary for design and construction C11 WORK TASKS AND COSTS NOT IN THIS CONTRACT Work in this contract has been described above This section only highlights work not included in the contract, but is not meant to suggest that only this work is excluded Writing the environmental impact review documents Testing lab services Interior Design ' The costs of printing documents is difficult to estimate in advance, so the fees associated with this contract only include one copy of documents at each submission stage The Consultant will I provide as many printed copies as requested by the City but the additional copies will be charged as an extra cost C12 SCHEDULE Services shall be provided per the attached schedule WAGNER ARCHITECTS 6/15/2007 Page 7 of 8 SCOPE OF SERVICES KENT RUSSELL ROAD OPERATIONS CENTER EXHIBIT A: Scope of Architectural Services KENT RUSSELL ROAD OPERATIONS CENTER C13 AUTHORIZED PHASE ONE SERVICES Services shall be authorized per the attached fee schedule C14. COST OF SERVICES The cost of services shall be per the attached fee schedule, Exhibit B I t i WAGNER ARCHITECTS 6/15/2007 Page 8 of 8 SCOPE OF SERVICES KENT RUSSELL ROAD OPERATIONS CENTER p LL a a Y J� O LL M l x M w m N ww www o 0 ? 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SUBJECT: NATIONAL BARRICADE TRAILER MOUNTED VARIABLE MESSAGE SIGNS CONTRACT— AUTHORIZE I2. SUMMARY STATEMENT: Authorize the Mayor to sign the Goods and Services I Agreement with National Barricade in an amount not to exceed $39,749, upon concurrence of the contract language acceptable to the City Attorney. 1 3. EXHIBITS: Public Works memorandum and National Barricade agreement t4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget`' Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda 1 Item No 6 K PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Ph KENT Fax, 253-856-6500 WAS HI NGTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Date: June 12, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 18, 2007 1 From: Pete Tenerelli, Construction Engineering Manager Through: Tim LaPorte, Deputy Public Works Director Subject: Goods and Services Agreement with National Barricade/Variable 1 Message Signs (2) Item 5 Motion: ■ Required ❑ Not Required ❑ For Information Only IRecommend authorization for the Mayor to sign the Goods and Services agreement with National Barricade in the amount not to exceed $39,749, upon concurrence of the language therein by the City Attorney and Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: 1 Background/History: The two trailer mounted variable message signs have been purchased and have satisfactorily passed our inspection and are in service on 116th Avenue SE, between SE 256th and Kent Kangley Road. The two trailer mounted signs conform to WSDOT purchase contract cost data. Contingencies of our operations precluded advanced ordering and processing of this request in advance. The purchase was made in an Emergency (rentals not available) to notify Kent Customers the requisite number of days in advance of the 116th Road Closure (June 4, to October 15) and prevented delaying the contractor from beginning work on the project. Had the contract been delayed awaiting prior approval, delay costs would have Ibeen approximately, $2,000 per day. City Ownership of the Variable Message signs is included in Section 1-10.5 of L I D. 359: 116th Avenue S.E. Street Improvements, Project #05-3004, funds are available. Summary: Purchase of the signs prior to approval was necessary in order to begin the project on time and to not accrue the cost of $2,000 per day. Rental for these types of signs Ican run up to $200 per day. Recommendations: Recommend authorization for the Mayor to sign the Goods and Services agreement with National Barricade in the amount not to exceed $39,749, upon concurrence of the language therein by the City Attorney and Public Works Director. 1 UIPWCom itteei2007AcnonPage,061807doe • ■ KENT I GOODS & SERVICES AGREEMENT between the City of Kent and National Barricade Co., LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and National Barricade Co., LLC organized under the laws of the State of Washington, located and doing business at 6518 Ravenna Ave NE, Seattle, WA 98115, Phone: (206) 523-4045/Fax: (206) 525-2042, Contact. Steve Vita (hereinafter the "Vendor"). iAGREEMENT L DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply two (2) variable message boards to the City for the 116th Ave. SE project. The signs shall also be used for future Public Works projects. For a cost breakdown, see the attached Exhibit A. ' Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods,niatenals, and set vices by July 23, 2007 IIII. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty Nine Thousand, Seven Hundred Forty Eight Dollars and fifty cents ($39,748 50), mcluding applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule. GOODS &SERVICES AGREEMENT- 1 (Over$10.000 00. including 6VSST) One time payment by check upon authorization by Kent City Council of the purchase and receipt of goods, upon the goods passing an inspection by the City of Kent Fleet staff, and upon subsequent receipt of an invoice for the above amount. If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor , for any defective or unauthorized goods, materials or services. If Vendor is unable, for ally reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor B. Final Payment. Waiver of Claims THE MAKING OF FINAL PAYMENT SHALL ' CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the perforniance 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 nonce at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a wntten change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases o r d eereases the Vendor's costs or time for p erforniance, the C ity w ill make an equitable adjustment. The City will attempt, ut good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will deterniine the equitable adjustment as it deenns appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order_ If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. Ifthe Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A though E of Section VII, Claims, below. GOODS&SERVICES AGREEMENT-2 (Over S 10 000 00, including IVSST) The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, Including costs of delays related to any work, either covered or affected by the change iVII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written 1 order, or an oral order from the City, including any direction, instruction, interpretation, or deteimmuatioin by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or 1 within fourteen (14) calendai days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deenied to have been 1 waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a mmunum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. ' FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the clammed work and how that estimate was detemuned; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events gtving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 1 GOODS&SERVICES AGREEMENT-3 (Over S10.000 00, including WSST) E. Failure to Follow Procedures Constitutes Waiver. By falling to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO F fLE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. iX. WARRANTY. This Agreement is subject to all warranty provisions established under the ' Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor wanants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in , workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect if the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the perfonnance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual ouentation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, ' Comply with City Administrative Policy L2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless frown any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The Ctty's inspection or acceptance of any of Vendor's work when completed shall not be grounds to 1 avoid any of these covenants of indemnification IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION P ROVIDED H EREIN C ONSTITUTES T HE V ENDOR'S W AIVER O F 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 XII. INSURANCE. The Vendor 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. GOODS&:SERVICES AGREEMENT-4 (Over$10,000 00, including i ISST) XIII. WORK{ PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions ' and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that put-pose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements Lor 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 fihng 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 patties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incuired 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 XI 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 certified marl, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such ' other address as maybe hereafter specified in wnting E. Assignment. Any assigmment 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 terns of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or fonnulg a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terns of this Agreement shall prevail. GOODS&SERVICES AGREEMENT-5 (Over.iS10 000 00, including {I'SST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged u1 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. VENDOR: CITY OF KENT: By By: (signaarr e) (segimiae) Print Name: Pnnt Name: Suzette Cooke Its Its Mayor , (Tale) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: , VENDOR: CITY OF KENT: ' Steve Vita Larry R. Blanchard National Barricade Co., LLC City of Kent 6518 Ravenna Ave. NE 220 Fourth Avenue South Seattle, NVA 98115 Kent, WA 98032 (206) 523-4045 (telephone) (253) 856-5500 (telephone) (206) 525-2042 (facsimile) (253) 8565-6500 (facsimile) r APPROVED AS TO FORM: Kent Law Department National 13ameade-Signs/Tenerelli GOODS&SERVICES AGREEMENT-6 (Over S10,000 00, including WSST) 1 DECLARATION ' CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to confotml 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. 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 ongm, 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 Prune Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated thts day of 1200. By: tFor: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ' ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 , SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 ' CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreennents 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. t 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 em m ployent opportunity policy 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 1 ' i � II� EEO COMPLIANCE DOCUMENTS-2 of 3 , CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER C01IPLETION 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 fine 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 of 3 EXHIBIT A Supply of the following goods: Variable Message Board, 3 Line, Trailer Mounted, 240 Watts, 8 each - 6 volt batteries, with 45 Amp Charger. Wanco #WTLMB-S-LL(A). , Unit price $M250.00 Extended Price (2 each) $36,500.00 Tax $3,248 50 Total Cost $39,748.50 I EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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 Coveiage shall be written on Insurance Services Office ([SO) 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 and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 wntten with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. ' 3. Excess Liability insurance shall be written with limits no less than $1,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above. 1 EXHIBIT B (Continued) 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: 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. Contractor's insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for I damages caused by fire or other perils to the extend covered by Builders Risk insurance or other properly insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ' A:VIL G. Verification of Coverage Contractor shall furnish the City with onginal certificates and a copy of the amendatory endorsements, including but not necessanly limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before comariencenrent of the Nvork EXHIBIT B (Continued) A. 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. i Kent City Council Meeting Date July 3. 2007 Category Consent Calendar ' 1. SUBJECT: COMMUTE TRIP REDUCTION AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Commute Trip Reduction Implementation Grant Agreement, WSDOT Agreement#GCA5394, upon concurrence of agreement language acceptable to the City Attorney. ' 3. EXHIBITS: Public Works memorandum and Commute Trip Reduction Implementation agreement#GCA5394 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? None Revenue? Currently in the Budget? Yes No X 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 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KEN TI Phone: 253-856-5500 wos„,„GTON , Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 14, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 18, 2007 From: Cathy Mooney, Senior Transportation Planner Through: Larry Blanchard, Public Works Director Subject: Agreement/Commute Trip Reduction Grant ' Item 6 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorizing the Mayor to sign the Commute Trip Reduction Implementation Grant Agreement, WSDOT Agreement #GCAS394, upon concurrence ' of the language therein by the City Attorney. Will document be required? ' ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: RCW 70.94.521 Background/History: The City is required by state law to enforce the regulations specified in RCW 70.94.521. The City is then reimbursed by the State for costs incurred based on a formula devised by the State Department of Transportation, Public Transportation Office. Although this is a two-year agreement, the amount of the reimbursement is determined on an annual basis. The current year (July 2007-June 2008) funding for the City of Kent is identified as $62,500.37 This is a reduction of $5,975 from last year's allocation. We were awarded an additional $5,975 last year to cover the direct costs incurred in the effort to meet the requirements of the new 2006 CTR Efficiency Act. The development of a new local CTR ' Plan and program goals, targets, measurement methodology and descriptions of service strategies for achieving these goals and targets has consumed many months of staff time. The state awarded those additional planning resources to cover this one-time cost of setting up the new local CTR Plan. Summary: This current Agreement GCA5394 returns us to our previous base funding amount of $62,500.37. Recommendations: Recommend authorizing the Mayor to sign the Commute Trip Reduction Implementation Grant Agreement, WSDOT Agreement #GCA5394, upon concurrence of the language therein by the City Attorney n 1pw ommi!leeUcaonpages 20071061807doc Commute Trip Reduction Implementation Agreement Washington State CONTRACTOR Department of'transportation City of Kent 310 Maple Park Avenue 220 Fourth Avenue South PO Box 47387 Kent, WA 98032-5895 Olympia, WA 98504-7387 Key Contact Person: Cathy Mooney Key Contact Person: Robin Hartsell Employer Federal ID #: 91-6001254 Agreement Start Date Completion Project Amount Project Title Number Date Commute Trip Reduction GCA5394 Jul 1, 2007 June 30, 2009 $62,500.37 1 Implementation This AGREEMENT is entered into by the Washington State Department of Transportation (hereinafter referred to as "WSDOT") and the Contractor identified above (hereinafter referred to as "CONTRACTOR"), and/or individually referred to as the "PARTY" and collectively referred to as the "PARTIES." WHEREAS, RCW 70.94 527 requires counties containing urban growth areas and cities and towns with "major employers," that are located within urban growth areas with a state highway segment exceeding the threshold of one hundred person hours of delay or jurisdictions that are located in contiguous urban growth areas, or are within an urban growth area with a population greater than seventy thousand people that adopted an ordinance before the year 2000 or jurisdictions that are located in contiguous urban growth areas, or contain a major employment installation in an affected county to develop ordinances, plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle-related air pollution, traffic congestion and energy use, and WHEREAS, RCW 70.94.54t (2) provides for technical assistance to counties, cities, and towns in developing and implementing Commute Trip Reduction (CTR) plans and programs, and WHEREAS, RCW 70 94.544 provides for distribution of funds for local CTR implementation efforts, and WHEREAS, WSDOT desires to achieve trip reduction in order to improve the efficiency of the state transportation system and the quality of life for citizens of the State of Washington, and WHEREAS, WSDOT hereby desires to engage and the CONTRACTOR so agrees to perform all tasks as hereinafter agreed upon by both PARTIES, NOW, THEREFORE, in consideration of covenants, conditions, performances and promises herein contained and Exhibits I, It and III, attached hereto and made a part of this AGREEMENT, the PARTIES agree to the terms and conditions following: Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of RCW 70 94.521 through .551 and to implement tasks as described in Exhibit II, Scope of Work. Page 1 of 17 GCA 5394 Section 2 Scope of Work The CONTRACTOR and WSDOT agree to perform all designated tasks under this AGREEMENT as described in Exhibit 11, Scope of Work Section 3 Time for Beginning and Completion The work to be performed under this AGREEMENT shall commence on July 1, 2007, and terminate on June 30, 2009, unless terminated sooner as provided herein. Section 4 Reimbursement and Payment WSDOT shall reimburse the CONTRACTOR for eligible expenditures not to exceed the dollar amount stipulated in the AGREEMENT header captioned `Project Amount' during the AGREEMENT period The maximum amount of funding for the CONTRACTOR was determined using the methodology contained in Exhibit 1, Funding Allocation Methodology. WSDOT will reimburse the CONTRACTOR only for actual and eligible direct and related indirect project costs Payment will be made on a reimbursable basis Payment is subject to the submission to and approval by WSDOT of properly prepared invoices accompanied by progress reports as provided in Section 6 and financial summaries The CONTRACTOR shall submit an invoice (state form A-19) or WSDOT approved invoice format to WSDOT in order to receive reimbursement. The CONTRACTOR may submit invoices, not more than once per month, during the course of this AGREEMENT The CONTRACTOR shall submit a final invoice to WSDOT no later than July 15, 2009 Any invoice received after July 15, 2009 will not be eligible for reimbursement. Within 30 days after receiving an invoice and upon approval, WSDOT shall remit payment to the CONTRACTOR All invoices and payments shall be based on and paid on actual work performed and actual costs incurred up to the maximum amount identified in this AGREEMENT. Section 5 Project Records The CONTRACTOR agrees to establish and maintain for the project either a separate set of accounts or accounts within the framework of an established accounting system, in order to sufficiently and properly reflect all eligible direct and related indirect project costs claimed to have been incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account". All costs claimed against the Project Account must be supported by property executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 6 Progress Reports The CONTRACTOR shall submit to WSDOT progress reports as described in Exhibit II, Scope of Work, so that WSDOT may adequately and accurately assess the progress made under the terms of this AGREEMENT Progress reports shalt be submitted to WSDOT along with every invoice request for reimbursement submitted pursuant to Section 4, Reimbursement and Payment. Page 2 of 17 GCA 5394 Section 7 Audits, Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the CONTRACTOR's records with respect to all matters covered by this AGREEMENT Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from the date of completion of the project or the project final payment date. However, in case of audit or litigation extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation is completed. The CONTRACTOR shall be responsible to assure that it, WSDOT, the State Auditor, and any of their representatives, retain comparable audit rights with respect to subcontractors to the CONTRACTOR within the scope of this AGREEMENT. Section 8 Agreement Modifications A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Work Such changes that are mutually agreed upon shall be incorporated as written amendments to the AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto. B Any additional funding secured by WSDOT beyond the amount originally awarded and identified in the AGREEMENT header captioned Project Amount will be allocated to the CONTRACTOR for the period of July 1, 2008 to June 30, 2009 in accordance with the methodology described in Exhibit 1, Funding Allocation Methodology. If an increase in funding by the funding source augments the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Work and/or the project amount in order to reflect any such increase in funding C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT providing for an appropriate change in the Scope of Work and/or the AGREEMENT amount in order to reflect any such reduction of funding. Section 9 Recapture Provision In the event that the CONTRACTOR fails to expend state funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance Such right of recapture shall exist for a period not to exceed three (3) years following termination or expiration of this AGREEMENT. The CONTRACTOR agrees to repay such state funds under this recapture provision within 30 days of demand. Page 3 of 17 GCA 5394 Section 10 Disputes A. Disputes Disputes, arising in the performance of this AGREEMENT, which are not resolved by agreement of the PARTIES, shall be decided in writing by the authorized representative of WSDOT Public Transportation and Commute Options (PT&CO) Office If the PARTIES cannot resolve a dispute by mutual agreement, the CONTRACTOR may submit a written detailed description of the dispute to the PT&CO Program Manager who wi I I issue a written decision within ten(10) days of receipt of the written description of the dispute This decision shall be final and conclusive. B Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. Section 11 Termination WSDOT, at its sole discretion, may suspend or terminate this AGREEMENT in whole, or in part, for the reasons following, A The CONTRACTOR materially breaches, or fails to perform any of the requirements of, this AGREEMENT, and after fourteen (14) days written notice, has failed to cure the condition(s) causing that breach Conditions of breach may include, but are not be limited to • Any action taken by the CONTRACTOR without WSDOT approval, which under the provisions of this AGREEMENT, required WSDOT approval; • Failure to perform in the manner called for under this AGREEMENT; or • Failure to comply with any provision of this AGREEMENT; B The CONTRACTOR is prevented from proceeding with the AGREEMENT by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; C. The requisite state or federal funding is reduced or becomes unavailable through failure of appropriation or otherwise; D WSDOT determines that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds; E WSDOT, at its sole discretion, determines to accept a request made in writing by the CONTRACTOR to terminate the AGREEMENT in whole or in part, or F WSDOT determines that suspension or termination is in the best interests of the state. If this AGREEMENT is terminated under subsections B, C, D, E, and/or F of this Section, the CONTRACTOR may be reimbursed only for actual and eligible direct and related indirect expenses incurred prior to the date of termination, and then only to the extent of appropriated funds If this AGREEMENT is terminated under subsection A of this Section, the WSDOT shall not be obligated to provide any additional reimbursement, and WSDOT shall retain all rights to seek recapture or damages from the CONTRACTOR. Section 12 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Page 4 of 17 GCA 5394 Section 13 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default which and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which and shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default Section 14 Independent Contractor The CONTRACTOR shall be deemed an independent CONTRACTOR for all purposes, and the employees of the CONTRACTOR or any of its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. Section 15 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto Although the CONTRACTOR is allowed to seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT, and WSDOT shall not be held liable for offering advice to the CONTRACTOR. Section 16 Limitation of Liability and Indemnification A. No liability shall attach to WSDOT or the CONTRACTOR by reason of entering into this AGREEMENT, except as expressly provided herein This AGREEMENT is not intended to benefit any third party The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and/or officers harmless from, and shall process and defend at its own expense, any and all claims, demands, suits, penalties, losses, damages (both to persons and property), or costs of whatsoever kind or nature (hereafter "claims") brought against WSDOT arising out of or incident to the execution, performance or failure to perform under this AGREEMENT, provided, however, that if such claims are caused by or result from the concurrent negligence of(a) the CONTRACTOR, its agents, employees, and/or officers and (b) WSDOT, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the CONTRACTOR, its agents, employees, and/or officers, and provided further that nothing herein shall require the CONTRACTOR to hold harmless or defend WSDOT, its agents, employees, and/or officers from any claims arising from the sole negligence of WSDOT, its agents, employees, and/or officers. B. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. Page 5 of 17 GCA 5394 Section 17 Hold Harmless It is understood and agreed that this AGREEMENT is solely for the benefit of the PARTIES hereto and gives no right to any other party No joint venture or partnership is formed as a result of this AGREEMENT Each PARTY hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents or employees Each agreement, contract or subcontract for services or activities to further the terms of this AGREEMENT shall include an indemnification and hold harmless clause providing that WSDOT and the State of Washington are not liable for damages or claims for damages arising from any city, town, designee or subcontractor's performance or activities under the terms of those agreements, contracts or subcontracts. Section 18 Governing Law, Venue, and Process This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated to the Superior Court of the State of Washington situated in Thurston County The CONTRACTOR hereby accepts service of process by registered mail consistent with RCW 4.28 080(l). Each PARTY shall bear its own legal costs and expenses, including attorney fees, in any such litigation. Section 19 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations, including, but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence AGREEMENT compliance, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW The CONTRACTOR will also comply with the Americans with Disabilities Act (ADA), Public Law 101-336. which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public accommodations, state and local government services and telecommunication. Section 20 Section Headings All section headings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT. Section 21 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Page 6 of 17 GCA 5394 Section 22 Execution and Acceptance This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept State funds and agrees to all of the terms and conditions thereof Section 23 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation Division. 1 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year first above written. WASHINGTON STATE CONTRACTOR DEPARTMENT OF TRANSPORTATION By: By: CATHY SILINS, Acting Director Public Transportation Division Print Name: Title: Who certifies proper authority to execute this Agreement on behalf of the CONTRACTOR Date: Date: Approved as to form only: By: Susan Cruise Assistant Attorney General Date: May 22, 2007 Page 7 of 17 GCA 5394 Exhibit I Funding Allocation Methodology RCW 70.94.544 authorizes the CTR board to determine the allocation of program funds made available for the purpose of implementing CTR plans The funding allocated for local implementation of CTR activities in July 1, 2007 through June 30,2008 is based on the decision taken by the CTR board at its April 27, 2007 meeting At that meeting, the CTR board decided to allocate funding for the period between July 1, 2007 and June 30, 2008 at the same level per county and city as the funding allocated for the period between July 1, 2006 and June 30, 2007. For the period between July 1, 2008 and June 30, 2009, funding will be allocated based on the decision of the CTR board according to its funding policy. July 1, 2007—June 30, 2008 Allocation Total Countv Allocation Clark $80,000 King $1,0861700 Kitsap $80,000 Pierce $141,983 Snohomish $121,569 Spokane $177,759 Thurston $109,489 hatcom $80,000 Yakima $80,000 Total $1,957,500 I Page 8 of 17 GCA 5394 EXHIBIT It SCOPE OF WORK Implementation of Commute Trip Reduction (CTR) Plans and Program 1. CONTRACTOR AGREES TO: 1.1. Work to be Performed 1.1 1. The county or city, whichever applies, has enacted a Commute Trip Reduction (CTR) ordinance in compliance with RCW 70.94 521- 555. Said ordinance requires, for example, the submission of employee commuter surveys, employer annual reports, and other provisions for the tracking of certain vehicle miles traveled (VMT) and single occupant vehicle (SOV) commute trips, as well as provisions to assist in the reduction of VMT and SOV Therefore, the CONTRACTOR agrees to implement a CTR program based on a locally adopted CTR plan and to comply with all provisions of the applicable county or city ordinance, which is incorporated herein by reference and made a part of this AGREEMENT and this Scope of Work. 1.1.2. Progress Report and Invoice 1 1.3. The CONTRACTOR agrees to submit to WSDOT periodic progress reports, as specified in Exhibit III, Progress Report Format, along with all invoices in accordance with Section 4 of this AGREEMENT The CONTRACTOR shall i accurately and completely report local investments in its CTR plans and programs as part of its progress reports. All invoices shall be complete and accurately reflect expenditures. 1.2. Funding Distribution and Reporting 1.2.1. The CONTRACTOR may distribute funds to its eligible contracting partner(s) who are implementing CTR plans and ordinances as authorized by RCW 70 94 544, by entering into agreements with other jurisdictions, local transit agencies, regional transportation planning organizations, or other eligible organizations. The CONTRACTOR shall submit to WSDOT within 30 days of execution of any agreement between the CONTRACTOR and is eligible contracting partner(s) (a) a list of dollar amounts to be disbursed by the CONTRACTOR to its eligible contracting partner(s), or(b) a fund dispersion methodology. 1.3. Implementation Plans 1.3.1. In addition to complying with Section 1, above, the CONTRACTOR shall implement all CONTRACTOR provisions in this Scope of Work. Further, the CONTRACTOR shall incorporate Sections I 1 and 1.3 of the Scope of Work in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of CTR plans and compliance with applicable ordinances. i 13.2. Appeals, Exemptions, and Modifications 1.3 3. The CONTRACTOR shall maintain an appeals process consistent with RCW 70.94 534(6), applicable ordinances, and procedures contained in the Commute Trip ' Page 9 of 17 GCA 5394 Reduction Guidelines, which may be obtained from the WSDOT or found at http //wwwwsdotwagov/tdm/, The CONTRACTOR, or its eligible contracting partner(s), shall submit requests for CTR exemptions to WSDOT for review and comment within five (5) days of receiving such requests, and shall provide WSDOT five (5) working days to comment prior to approving or denying the request. 1.3.4. Survey Processing 1.3.5. The CONTRACTOR shall notify WSDOT prior to sending employee commute surveys to the University of Washington, Office of Educational Assessment, for processing. The notification must include the name of the worksrte, employer identification code, and type of survey for each survey being submitted for processing The notification shall be submitted as an electronic spreadsheet via electronic mail. The CONTRACTOR agrees not to deliver or send surveys for processing unless authorized to do so by WSDOT. 1.3.6. Survey Counts 1.3 7. The CONTRACTOR shall provide WSDOT, upon request, with an accurate estimate of the number of employee commute surveys needed by the CONTRACTOR to survey employers. 1.3.8. Survey Coordination 1 3.9. The CONTRACTOR agrees to accept employee commute surveys from Trip Reduction Performance Program (TRPP) contractors in the county or city and process the TRPP surveys according to Section 1.3 5 of this agreement. 1.3.10. Database Updates 1 3 11 The CONTRACTOR agrees to provide WSDOT with updated lists of affected worksites, employee transportation coordinators, and jurisdiction contacts as requested. The CONTRACTOR agrees to provide to WSDOT the updated physical addresses or equivalent geocode data of affected worksites as requested These updates shall be submitted electronically in a format specified by WSDOT 1.3.12. Planning Data 1 3 13 The CONTRACTOR agrees to provide WSDOT with the CTR program goals established for newly affected worksites when they are established by the local jurisdiction The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested These updates shall be submitted electronically in a format specified by WSDOT 1.3.14. Employer Annual Reports 1.3 15. The CONTRACTOR agrees to submit to WSDOT one (1) electronic or hard copy of all employer annual report(s), within 30 days from the date of approval 1.3.16. Employer and Employee Exemptions 1 3.17 The CONTRACTOR agrees to, within 30 days from the date of official administrative decision, submit to WSDOT the name and employer identification code for any worksrte that has been granted an exemption, including information about the duration of all exemptions Page 10 of 17 GCA 5394 1.3.18. Coordination with Regional Transportation Planning Organization 1.3.19 The CONTRACTOR shalt coordinate the development and implementation of its CTR plans and programs with the applicable regional transportation planning organization (RTPO) The CONTRACTOR agrees to notify the RTPO of any substantial changes to its CTR plans and programs that could impact the success of the regional CTR plan The CONTRACTOR agrees to provide information about the progress of its CTR plans and programs to the RTPO upon request. 2. WSDOT AGREES TO: 2.1. General Technical Assistance 2.1.1. WSDOT will provide support to the CONTRACTOR, or its eligible contracting partner(s), in developing and implementing CTR plans and programs, including providing training, informational materials, and assistance in CTR evaluation. 2.2. Exemptions 2.2 1 WSDOT will review and comment on employer requests for exemptions from CTR requirements, within five (5) working days after receipt Failure to review and comment on such requests within five (5) working days after receipt shall be considered a waiver of WSDOT's right to comment. 2.3. Database Management I 2.3.1. WSDOT will maintain a current database of all affected worksites in Washington State. WSDOT will input new and/or updated worksite information within fifteen (15) working days after receipt from CONTRACTOR WSDOT will employ a verification process to ensure all new and/or updated information is input in a timely and accurate manner Information from the WSDOT database will be used to determine funding allocation consistent with the methodology contained in Exhibit 1 I, Funding Allocation Methodology. 2.4. Annual Reporting Assistance 2.4.1. WSDOT will distribute sufficient quantities of the State "Program Description & Employer Annual Report" form to the CONTRACTOR, or other eligible recipients, if requested. WSDOT will also maintain an internet-based annual report system and will provide information and ongoing technical assistance to employers and jurisdictions using the system. 2.5. Survey Assistance 2.5.1. WSDOT will. 2 5.1.1 Provide the CONTRACTOR, or its eligible contracting partner(s), with summary survey information if requested 2.5.12. Distribute sufficient numbers of the Employee Questionnaires to the CONTRACTOR or its eligible contracting partner(s) if requested. 2.5.1.3. Maintain an mtemet-based survey tool, and provide information and ongoing technical assistance to employers and jurisdictions using the system. Page 11 of 17 GCA 5394 2.5.1.4. Provide survey processing at no cost to the CONTRACTOR, or its eligible contracting partner(s), and affected employers, durmg the base year and all subsequent surveys. 2.51.5. Provide technical assistance to the CONTRACTOR, or its eligible contracting partner(s), and employers, on surveying, if requested 2.5.1.6 Work with the CONTRACTOR, or its eligible contracting partner(s), to calculate goal measurement information and track measurement survey history for all CTR affected worksites. 2.5.1.7. Return the processed employee commuter survey and reports to the CONTRACTOR, or its eligible contracting partner(s), within thirty (30) days of the date the forms are delivered for processing 2.5.1.8. Maintain and update the "CTR Guide for Employer Surveys." WSDOT will review survey guide/instructional materials developed by the CONTRACTOR or its eligible contracting partner(s) for consistency with the state-developed "CTR Guide for Employer Surveys," which may be obtained from WSDOT. 2.5.1.9. Review all electronically submitted survey notifications and respond to the CONTRACTOR within five (5) working days after receipt. i i 1 1 Page 12 of 17 GCA 5394 r Exhibit III 1 Progress Report Organization Submitting Report: Reporting Jurisdiction Contact Information Name- Phone Fax Email- Executive Summary Prepare a brief narrative summary of activities during the period for which reimbursement is requested: Required Activities Worksite notification Survey Administration Annual Report Exemption Reviews Records Maintenance Enforcement Employer Service Activities Employer Training Incentives- Promotion and Marketing. Guaranteed Ride Home. Other Activities r Page 13 of 17 GCA 5394 Expenditures This Period TFSut teCTRFActivitioes Funds Fiscal Year To Other Funds Fiscal Year to Fiscal Year Tods Spent n CTRDate Local Spent on CTR Date Other Categoriesce Last Date State CTR Since Funds Spent on Activities Since Funds Spent on eport Funds Spentreport CTR Activdies Last Report CTR Activdies Required Activities: a Notification of new worksites b Administration of CTR surveys c Employer Annual Report d Review of Exemptions e. Record Maintenance f Enforcement Subtotal- $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 Employer Service Activities: a Employer Training b Incentives c Promotion and Marketing d Guaranteed Ride Home e Other(Specify in Executive Summary) Subtotal: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total, $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 State CTR Funds Disbursed If your jurisdiction disbursed any state CTR funds reported above to other organizations orlurisdictions to implement the CTR program list those disbursements below Jurisdiction/Organization Disbursed Since Last Report Total Disbursed Fiscal Year to Date Total Disbursement: $0.00 $0.00 Page 14 of 17 GCA 5394 L L 9 'C Q R e w w i M a Q, 0 a U 4 Ql � f tn C' zzs N a c� f i U L i vd o U T cd c f]r O 't7 col 41.1 aj o z �Y Y L � O o o c a+ � y •� V Q �n C� 3 y R V w R y � L r U Q a N 4 0 M V') � U a A O C W 0.i G H v L W ".7 N 3 3 a b � o ro c � a � v a, L w J � 40. L C � y L O 0 U 3d Employer Annual Reports List and attach a copy of all employer annual reports accepted by the jurisdicthon(s)since the last report If WSDOT's web-based reporting system was used then a copy isn't required Format of Report CTR ID Worksite Name (Hard Copy,Electronic Copy, WSDOT Web) i Employer Exemptions Granted During This Period j Provide the name and Worksite ID for any worksite that has been granted a CTR exemption during the period, including information about the reason and duration of the exemption I CTR ID Purpose of Exemption Exemption Duration(Start and End Dates) i t i Page 17 of 17 GCA 5394 1 Kent City Council Meeting Date July 3, 2007 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL GRANT— ACCEPT, AUTHORIZE AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the Washington State Department of Transportation Safe Routes to School grant, and authorize the Mayor to sign the agreement and amend the budget. The purpose of the Safe Routes to Schools program is to provide children a safe, healthy alternative to riding the bus or being driven to school. The projects must be within two miles of primary and middle schools. The projects were required to meet three elements engineering, education and enforcement. City staff from police and engineering departments met with Kent School District staff to discuss identified pedestrian and bicyclist safety needs and developed strategies for three elementary schools- Daniel, Horizon and Meridian WSDOT has chosen two of the schools for awards: Daniel Elementary, Safe Walking and Biking, $603,050 and Meridian 1 Elementary, Safe Walking and Biking, $381,050 3. EXHIBITS: Award letters from WSDOT dated 6/1/07 4. RECOMMENDED BY: Public Safety Committee 6/12/07 (Committee, Staff, Examiner, Commission. etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: I Unbudgeted Expense: Fund N00450 Amount $603,050.00 Fund N00451 Amount S381,050.00 Unbudgeted Revenue. Fund N00450.53303 Amount $603,050 00 Fund N00451 53303 Amount $381,050 00 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: Council Agenda Item No. 6M 1 RECEIVE i, qm, I l 4 2007 OF KENT June 1, 2007 ENGINEERING DEPT 1� Mr. Larry Blanchard Public Works Director City of Kent 220 Fourth Avenue South Kent, WA 98032-5895 Safe Routes to School Program 1� Federal Funding Dear Mr. Blancp4el l. I hu Washington State Department of Transportation(:YSDOT) is pleased to advise you that in the 2007 Transportation Budget the following project was selected to receive federal funding, through the Safe Routes to School program The federal funding is limited to. Horizon Safe Walking and Biking $381,050 The funds will be administered through WSDOT's Highways& Local Programs (H&LP) Division on a reimbursement basis only. To obligate funding for this project, submit your agreement, prospectus, and any other items (electronic forms are available on the internet at http.//www wsdot.wa .gov/TA/ProgMGt/PrgMgt.litnit) to your Region Local Programs Engineer. Projects utilizing federal funds must be included in your current Transportation Impiovement Program (TIP). Unless significant environmental issues are evident, the project will be included in the statewide safe routes to school bucket in the STIP and an amendment will not be necessary. After the agreement is signed, you will be notified that the funds have been obligated Project expenditures aie not eligible for reimbursement until after we provide notice that the funds are obligated. The 2007 Transportation Budget requires the project must be obligated no later than June 1, 2008. WSDOT requires a Quarterly Project Report to be completed by the end of March, June, September and December The on-line database can be found at the found at the following webbitC llttp:i/y'wW wz>doi ti�a UW fii(TO�1l�Qi i�/� �ii.}litile . A critical element of the program is the evaluation of the number of children walking and biking to school before and after implementation. This information is required upon completion of the project. Should you have any questions on how to pursue this project, please contact Ed Conyers, your Region Local Programs Engineer at (206)440-4734. St{icerely, Kathleen B. Davis Director Highways & Local Programs Division cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 Bob Drewel, Puget Sound Regional Council I June 1. 2007 RECEIVED Mr Larry Blanchard "'IN 0 .1 U07 Public Works Director City of Kent CITY OF KENT 220 Fourth Avenue South ENGINEERING DEPT Kent, WA 98032-5895 Safe Routes to School Program Federal Funding Dear Mr. Blanchard: The Washington State Department of Transportation (WSD T) is plea dvise you that in the 2007 Transportation Budget the following pro ct was netted tbEZec ve federal funding, through the Safe Routes to School pro The 4,Fal funding i limited to: CF /eOQJ 1 Daniel Safe Walking and Biking $ �iO �'0 The funds will be administered through WSDOT's Highways& Lo ra (H&LP) Division on a reimbursement basis only. To obligate funding for this pr ubmit your agreement, prospectus, and any other items (electronic forms are available o the intemet at http://Nvww.wsdot.wa gov/TA/PjogMGt/PrgMgt.htmI) to your Region Local Programs Engineer. Projects utilizing federal funds must be included in your current Transportation Improvement Program (TIP). Unless significant environmental issues are evident, the project will be included in the statewide safe routes to school bucket in the STIP and an amendment will not be necessary After the agreement is signed, you will be notified that the funds have been obligated. Project expenditures are not ehgtble for reimbursement until after we provide notice that the funds are obligated. The 2007 Transportation Budget requires the project must be obligated no later than,June 1, 2008. WSDOT requires a Quarterly Project Report to be completed by the end of March,June, September and December. The on-line database can be found at the found at the following website http•//www.wsdot.wa gov/TA/ProgMgt/QPRJQPR htm] . A critical element of the program is the evaluation of the number of children walking and biking to school before and after implementation. This information is required upon completion of the project. Should you have any questions on how to pursue this project, please contact Ed Conyers, your Region Local Programs Engineer at (206)440-4734. Sincerely, Kathleen B. Davis Director Highways & Local Programs Division cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 Bob Drewel, Puget Sound Regional Council 1 Kent City Council Meeting Date July 3, 2007 Category Consent Calendar j1. SUBJECT: LEOFF 1 DISABILITY BOARD APPOINTMENT—CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of City Councilmember Elizabeth Albertson to serve as a Council Representative on the LEOFF I Disability Board. Councilmember Albertson will replace Councilmember Tim Clark, whose term expired. Ms. Albertson's term will continue until 12/31/2009. 3. EXHIBITS: Memorandum r4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expendrtut-0 N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ I6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N i OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KEN T Kent,WA 98032-5895 WASHINGTON MEMORANDUM TO: Council President Debbie Ranniger City Council Members FROM: Suzette Cooke, Mayorf&/ DATE: June 20„ 2007 iRE: Appointment to LEOFF I Disability Board I request your approval of my appointment of City Council Member Elizabeth Albertson to serve as a Council Representative on the LEOFF I Disability Board. Councilmember Albertson will replace Councilmember Tim Clark, whose term expired. Ms. Albertson's term will continue until 12/31/2008. iI submit this for your confirmation. jb j� i i t t Kent City Council Meeting Date July 3, 2007 Category Consent Calendar 1. SUBJECT: BICYCLE ADVISORY BOARD APPOINTMENT — CONFIRM 1 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of John Bado to serve as a member of the Kent Bicycle Advisory Board Mr. Bailo is a Kent resident and is currently employed as a Web Application Developer at Bowne in Kent. As a recreational bicyclist and bike commuter, Mr. Bailo feels he can make a significant contribution to the City through his involvement with the Bicycle Advisory Board. Mr. Bailo will fill a vacant position on the Board and his term will continue until 12/3 l/2007. 3. EXHIBITS: Memo i4. RECOMMENDED BY: Mayor Cooke (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 60 OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone 253-856-5700 Fax. 253-856-6700 Address 220 Fourth Avenue S. KENT Kent,WA 98032-5895 WASHINOTOH 1 TO: Deborah Ranniger, Council President City Council Members FROM: Suzette Cooke, Mayor 41( DATE: June 27, 2007 RE: Appointment to Kent Bicycle Advisory Board I am requesting your approval of my appointment of John Bailo to serve as a member of the Kent Bicycle Advisory Board. Mr. Bailo is a Kent resident and currently employed as a Web Application Developer at Bowne in Kent. As a recreational bicyclist and bike commuter, Mr Bailo feels he can make a significant contribution to the city through his involvement with the Bicycle Advisory Board. tMr. Bailo will fill a vacant position on the Board and his new term will continue until 12/31/2007. 1 submit this for your confirmation. jb I I 1 t t ^*40t City Council Dr Deborah Ranniger, Council President Phone 253-856-5712 Fax 253-856-6712 K E N T W A 5 H I N G T G N Address 220 Fourth Avenue S Kent,WA 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Debbie Raplee, Councilmember DATE: July 3, 2007 SUBJECT: City Council Excused Absence I would like to request an excused absence from the July 3, 2007 City Council meeting. I will be unable to attend. Thank you for your consideration. Debbie Raplee Jp Kent City Council Meeting Date July 3, 2007 Category Bids 1. SUBJECT: 2007 ASPHALT CHIP SEAL 2. SUMMARY STATEMENT: The bid opening for this project was held on June 26, 2007, with one bid received. The bid was submitted by Doolittle Construction in the amount of$103,499.60. The Engineer's estimate was S121,402 50. r s r 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No I If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ r6. CITY COUNCIL ACTION: Councilmember C/f l�� moves, Councilmember seconds to award the contract on the 2007 Asphalt Chip Seal Project to Doolittle Construction, in the amount of$103,499 60 and authorize the Mayor to sign the agreement. DISCUSSION: ACTION: Council Agenda Item No. 8A r PUBLIC WORKS DEPARTMENT Larry R. Blanchard. Public Works Director ' Address: 220 Fourth Avenue S. KENT Kent, WA. 98032-5895 WASHINGTON Phone. 253-856-5500 Fax 253-856-6500 r DATE: June 26, 2007 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director L4?6P o6--L(O � RE: BID - 2007 Asphalt Chip Seal Bid opening for this project was held on June 26, 2007 with one bid received. The low bid was submitted by Doolittle Construction in the amount of $103,499.60. The Engineer's estimate was $121,402.50. The Public Works Director recommends awarding this contract to Doolittle Construction. ' Bid Summary Doolittle Construction $103,499.60 Engineer's Estimate $121,402.50 r ' REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE iE. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES JUNE 51 2007 Committee Members Present: Deborah Ranniger, Debbie Raplee, and Tim Clark, Chair The meeting was called to order by Tim Clark, Chair at 4:06 p.m. ' 1. APPROVAL OF MINUTES DATED MAY 15 2007 ' Debbie Raplee moved to approve the minutes of the May 15, 2007, Operation Committee meeting. Deborah Ranniger seconded the motion, which passed 3-0. ' 2. APPROVAL OF VOUCHERS DATED MAY 15, 2007 AND MAY 31, 2007 ' Finance Director Bob Nachlinger presented the vouchers for May 15, 2007, and May 31, 2007, for approval. Deborah Ranniger moved to approve the vouchers dated May 15, 2007, and May 31, 2007. Debbie Raplee seconded the motion, which passed 3-0. 3. PREMERA BLUE CROSS CONTRACT Employee Services Benefits Manager Becky Fowler presented a quick update on the Self Insured ' Health Care "Snapshot" via a PowerPoint presentation and then presented the Premera Blue Cross Contract Ms Fowler advised that the city contracts with Premera Blue Cross as a third- party administrator (TPA) to process claims and provide access to Premera Blue Cross's PPO network of doctors and hospitals. The city is self-insured for this program and wires the weekly claims cost to Premera Blue Cross for our medical and dental expenses. The 2007 contract reflects an approximate 10% increase in administrative fees by Premera Blue Cross and is budgeted in the health and welfare fund The budge impact is $647,345 (Administrative Services Contract). Approximately 97% of the city's employee population is covered under theself-insured Premera Blue Cross program totaling 2,300 lives. Included in this coverage is our LEOFF I retirees and their dependents The overall projected cost of our self-insured plan inclusive of administration fees is $9,794,135 for 2007 and is budgeted in the health and welfare fund. Questions were raised by the Committee and Ms. Fowler addressed those those questions. Debbie Raplee moved to recommend that the Premera Blue Cross Administrative Services Contract for the city's self-insured health plan be placed on the City Council consent calendar for the June 19, 2007 meeting. Deborah Ranniger seconded the motion, which passed 3-0. 4. GROUP HEALTH CONTRACT iEmployee Services Benefits Manager Becky Fowler presented the Group Health Contract for renewal of the Group Health Cooperative of Puget Sound contract for the city's insured health maintenance organization (HMO). The 2007 contract reflects an approximate 7% increase in the health care premiums charged by Group Health Cooperative and is budgeted in the health and welfare fund. The city purchases insurance with Group Health Cooperative of Puget Sound. Group Health is a non-profit, health maintenance organization (HMO) providing primary care ' medical and specialty center throughout the Pacific Northwest. Ms. Fowler advised approximately Operations Committee Minutes 3 June 5, 2007 Page: 3 7. 4T" QUARTER 2006 FINANCIAL SUMMARY Finance Director Robert Nachlinger presented a brief review of the 1st Quarter 2007 Financial Summary Report for informational purposes only ' The meeting was adjourned at 4:45 p.m. Renee Cameron ' Operations Committee Secretary ' City of Kent Parks and Human Services Committee Meeting Z KE4T Minutes of May 17, 2007 ' Wn SNIry OON Call to Order: Debbie Ranniger called the meeting to order at 5:02 p.m. ' Council Present: Chair Debbie Ranniger, Bob O'Brien and Elizabeth Albertson for Debbie Raplee ' Added Item #8 to the Agenda: Mike Heinisch - Springwood 1 Item #1: Minutes of , 2007—Approve Bob O'Brien moved to approve the minutes of May 17, 2007. Elizabeth Albertson seconded and the motion carried 3-0. Item #2: King County 2007 4Culture Grant Agreement - Authorize Ronda Billerbeck, Manager of Cultural Services announced that 4Culture awarded the Kent Arts Commission 515,000 00 in Sustained Support funding through a competitive grant process. The funding will support 2007 Kent Arts Commission programs, including Spotlight Series performances, Kent Kids` Arts Day, Kent Summer Concert Series and ' two Missoula Children'`s Theatre residencies. Motion: Elizabeth Albertson moved to recommend Council authorize the ' Mayor to sign the agreement, accept the Sustained Support funding in the amount of $15,000.00 and approve the expenditure of funds in the Kent Arts Commission budget. Bob O'Brien seconded and the motion carried 3-0. ' Item #3: Town Square Plaza Temporary Construction Easement - Authorize Lori Flemm, Superintendent of Parks and Open Space reported that during construction of Town Square Plaza there is a need to provide the contractor an area to stage for construction and have an area for stock piling materials during construction of the plaza. The one acre area identified is west of 4"' Avenue behind Key Bank and fronts on both ' Meeker and Harrison street. The contractor is responsible for returning the site to the same or better condition than ' when they started the project and is also responsible for securing the site The city is responsible for paying the taxes on the property during the period that it will be used by the contractor, estimated to be approximately $7,300.00, depending on duration of the project. Elizabeth Watson questioned why the city is paying for this. Lori responded that the city is only paying for property taxes. Motion! Bob O'Brien moved to recommend Council authorize the Mayor to sign the documents necessary to grant and record the temporary construction easement with the Heart of Kent LLC for the property at Town Square Plaza, ' Item #6: Recreation and Cultural Programs Presentation - Informational Superintendent Lori Hogan introduced the services that comprise the Recreation and Cultural Programs division. Senior Center - Manager Lea Bishop ■ Special events and concerts: Boomer Blast, Holiday Craft market • Cafe with 17,000 meals served 1 • Social activities and games ■ Volunteer opportunities - 20,000 volunteer hours served in 2006 ■ Dances and entertainment ■ Personal fitness through aerobics, yoga, strength and stretching ■ Classes: education, health, fitness, arts ■ Outdoor Adventures: fishing hiking, biking, golfing and skiing ' ■ Travel: locally, nationally and around the world Kent Commons - Manager Doug Siegert ' ■ Adult soft bail has 136 teams signed up, youth softball 180 teams, and youth basketball 123 teams. • Parks rentals and facility use. 60,000 visitors each year to the center - 30 ' weddings at KMP • Community education with 1,200 classes offered: ballet, martial arts, gymnastics, Japanese classical dance, Super Sitters, ESL, piano and guitar lessons, home ' school programs, yoga, aerobics, triathlon training ■ A comprehensive program guide is developed and mailed to Kent residents quarterly ' ■ Generating support for a new Aquatic/Recreation Facility Bob O'brien asked about the impact of the proposed event center to be constructed on 1 the Common's Playfield site. Doug Siegert replied that staff met with KSD and league play has been relocated to school fields and other city fields will be used, such as Wilson Playfields and Service Club Park. Mr. O'Brien questioned the impact on West Hill residents and having to travel farther that Common's Playfield. Lori Hogan responded that sites closer for West Hill residents will be used - such as Uplands, Russell Road and KMP. Resource Center: Youth and Teen Programs - Manager Julie Stangle • TOAC (Teen Outdoor Adventure Club): 41 trips and 500 teens per year ■ Camps: W.A.L.K.A.P.A.L.A.: 8 week camp, with 700 campers; Camp Waskowitz: $20,000 raised to help send kids to camp each year, 40 volunteers utilized, with 160 campers involved ■ Blue Bus: computers on wheels program, impacting 8,000 kids • Teen Opportunity Expo Job Fair: thirty-four vendors, with 280 teens looking for jobs and volunteer opportunities in the community. ■ Family events such as the annual fishing experience: 235 kids, 50 volunteers and 1,500 fish; Late Night Family Night at various elementary and middle schools ' Parks and Human Services Committee Page 3 Meeting Minutes - May 17, 2007 of Kent. Facilities such as WIC, the Spnngwood Youth Center and the Kent Family ' Center offer a wide range of services to assist with helping families succeed. Thus supporting the theory that strong families mean strong communities. Numerous amenities offered at the Kent Family Center and Springwood Youth Center are highlighted in the 'Building Better Futures" brochure which was distributed at the meeting. In closing Mike gave thanks for the confidence and support the city has shown for their programs. The meeting adjourned at 6:05 p.m. Respectfully submitted, Teri Petrole Recorder, Parks and Human Services Committee Parks and Human Services Committee Page 5 Meeting Minutes - May 17, 2007 1 PUBLIC WORKS COMMITTEE MINUTES ■ May 21, 2007 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 May 7, 2007 1 Committee Member Harmon moved to approve the minutes of May 7, 2007. The motion was seconded by Clark and passed 3-0. ITEM 2— Information Only/Update on SR-509: Tim LaPorte, Deputy Public Works Director introduced Susan Everett, WSDOT/SR509 Project Manager. Susan gave a brief PowerPoint presentation of the I-5/SR 509 Freight & Congestion Relief Project noting that this project will reduce congestion in south King County by extending 1 State Route 509 and adding lanes to Interstate S. These improvements will save time and money for thousands of commuters, truckers, air travelers and others who drive between Pierce and south King counties, Seattle, and Sea-Tac International Airport. Project design is ongoing WSDOT must ' obtain funding for the project before construction can begin. This item was informational only. Information Only No Motion Required ' ITEM 3 — Draft 2008-2013 Six-Year Transportation Improvement Program (TIP): Steve Mullen, Transportation Engineering Manager, gave a brief overview of the Draft 2008-2013 Six-Year TIP, noting that the TIP has added five (5) new projects with a cumulative estimated cost of $7,502,000 to previous year's program, resulting in Six Year Transportation Improvement Program for 2008-2013 of 43 total projects, and a total estimated cost of $523,080,500. Including these projects in our Six-Year TIP allows the projects to be eligible for grants, and serves as an indication of the projects the City intends to start working on within the ensuing six years. Clark moved to recommend that the Public Works Committee forward the Draft 2008- 2013 Six-Year Transportation Improvement Program (TIP) to the full Council and Recommend that Council set June 19, 2007 as the date for a Public Hearing on the draft TIP. The motion was seconded by Harmon and passed 3-0. ITEM 4— Information Only/West Nile Virus Update: ' Mike Mactutis, Environmental Engineering Manager, introduced Scott Schroeder and Jefferson Davis, together they gave an informative PowerPoint presentation on West Nile Virus, where it has struck; how it's transmitted and what the symptoms are etc. For more information go to Seattle King County Health Department @ http://www.metrokc goy/health or Washington Department of Health @ www doh wa.gov/ehp/ts/Zoo/WNV/WNV.html or Center for Disease Control @ www.cdc.qov/ncidod/dvbid/westnile/index htm. ' Information Only No Motion Required ITEM 5 — Information Only/Gypsy Moth Update Mike Mactutis, Environmental Engineering Manager provided an update on the Gypsy Moth Treatments in Kent. For more information you can call the Department of Health's toll free number at 1-800-443-6684 or visit their web site at htto //agr wa.gov/PlantsInsects/InsectPests/GyosyMoth/default him ' Information Only No Motion Required Page 1 of 3 U:\PwCmnmittee\MinuteslPwMlnu[es 042 1¢2507.dot J PUBLIC WORKS COMMITTEE MINUTES May 21, 2007 1 Item A. Committee Follow-up Items I • Titus to Gowe Street Overlay • Drainage Master Plan - Item B. Public Comment Follow-up Items • Lou Acceturo, West Hill Resident brought in the letter he received from the City regarding mandatory garbage pickup. He thinks this law should be looked at again. Don't punish the people that are responsible, punish those that have complaints. A brief discussion followed. Item C. Access Modifications Due to Construction Adiourned: The meeting was adjourned at 6:15 p.m. The Meeting Scheduled for: Monday, June 4, 2007 at 5:00 p.m. has been Cancelled Next Scheduled Meeting: Monday, June 18, 2007 at 5:00 p.m. Cheryl Viseth, Public Works Committee Secretary 1 Page 3 of 3 U•\PWCommrttee\Mmutes\PWMinutes 031265 07 doc ' CONTINUED COMMUNICATIONS ' A. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION