HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/21/2007 • f
AG EN DA
City of Kent
City Coundl Meeting
Agenda
1 x
' August 21 , 2007
Mayor Suzette Cooke
Deborah Ranniger, Council President
Councilmembers
Elizabeth Albertson Bob O'Brien
1 Tim Clark Debbie Raplee
Ron Harmon Les Thomas 3;
KENT
W ASH INGTON
City Clerk's Office
1
KENT CITY COUNCIL AGENDAS
KENT August 21, 2007
W^s.I N G I O 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 AGENDA
5:30 p.m.
Item Description Speaker Time
1. Panther Lake Annexation Staff 60 min
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA /
A FROM COUNCIL, ADMINISTRATION, OR STAFF
B FROM THE PUBLIC —Citizens may request that an item be added to the
agenda at this time. Please stand or raise your hand to be recognized by the
Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Introduction of Appointees
D. Proclamation— 16th Anniversary of Ukrainian Independence Day
E. Greenfield Park Neighborhood Association Recognition
t K/N F. Government Finance Officers Association (GFOA) Distinguished Budget Award
rY G REI Donation for Parks Improvements
H Public Safety Report
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting—Approve
B Payment of Bills—Approve
C. Lake Meridian Pointe Final Plat—Approve and Authorize (Quasi-Judicial)
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D. Forest Ridge Court Final Plat—Approve and Authorize (Quasi-Judicial)
E Human Services Commission Appointment— Confirm
—F Kent Arts Commission Appointment— Confirm
G. Change Account Balance Increase Ordinance—Adopt
H JDE/PeopleSoft Server Upgrades—Authorize
I Town Square Plaza Construction Inspection Agreement—Authorize
J. Night Court Supplemental Budget Appropriation—Approve
K. SE 256`" Street Improvement Project Agreement—Authorize
L. Surplus Vehicle and Equipment Disposal—Authorize
M. Transit Service Agreement Amendment No 2 — Authorize
N. Lower Green River Property Acquisition—Authorize
O. King County Agreement for Services, Lower Green River Property Acquisition
Project—Authorize
1 P Kent Events Center Floodplain Mitigation Project Funds—Accept
Washington Traffic Safety Commission Grant—Accept
0jR. Department of Justice Weed and Seed Program Grant—Accept
7. OTHER BUSINESS
A. Amendment to Kent School District Agreement for Phoenix Academy—
Authorize
Kent Events Center Contract—Authorize
Ql"Q CA_,0__
8. BIDS
None Y. I
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION
A Property Negotiations
B. Pending Litigation
r12 ACTION AFTER EXECUTIVE SESSION
A. Wilson,/Kent 256th Rezone
13. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library The Agenda Summary page and complete packet are on the City of Kent
web site at www ci kent wa.us
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance
at(253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service
at 1-800-833-6388.
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) INTRODUCTION OF APPOINTEES
D) PROCLAMATION- 16TH ANNIVERSARY OF UKRAINIAN
INDEPENDENCE DAY
E) GREENFIELD PARK NEIGHBORHOOD ASSOCIATION RECOGNITION
F) GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA)
DISTINGUISHED BUDGET AWARD
G) REI DONATION FOR PARKS IMPROVEMENTS
H) PUBLIC SAFETY REPORT
CONSENT CALENDAR
6. Citv Council Action:
Councilmember moves, Councilmember Us^�
seconds to approve Consent Calendar Items A through R,
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the special Council meeting of July 26, 2007, and regular
Council meeting of August 7, 2007.
6B. Approval of Bills.
Approval of payment of the bills received through June 30 and paid on June 30 after
auditing by the Operations Committee on August 7, 2007.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/30/07 Wire Transfers 2894-2908 $1,305,938 18
6/301/07 Regular 609275-609774 4,819,028.86
Voids (5,950.76)
Use Tax Payable 2,76500
$6,121,781 28
Approval of payment of the bills received through July 15 and paid on July 15 after
auditing by the Operations Committee on August 7, 2007.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/15/07 Wire Transfers 2909-2925 $1,654,454.98
7/15/07 Regular 609775-610230 1,683,198 13
5/31/07 Void Checks (525.00)
Use Tax Payable 2,509.60
$3,339,637.71
Council Agenda
Item No 6 A-B
6B. Approval of Bills. (Continued)
Approval of payment of the bills received through July 31 and paid on July 31 after
auditing by the Operations Committee on August 7, 2007.
Approval of checks issued four vouchers:
Date Check Numbers Amount
7/31/07 Wire Transfers 2926-2943 $11476,504.07
7/31/07 Regular 610231-610863 5,646,350.67
5/31/07 Void Checks (3,587.97)
Use Tax Payable 2,150.38
$7,121,417.15
Approval of checks issued for Payroll for June 1 through June 15 and paid on June 20, j
2007:
Date Check Numbers Amount
6/13/2007 Void Check 297915 ($ 1,676.58)
6/13/2007 Reissued Check 298236 1,67658
6/20/2007 Checks 298237-298561 248,662.61
6/20/2007 Advices 214601-215310 1,367,770.70
Total Regular Payroll $1,616,433 31
Approval of checks issued for Payroll for June 16 through June 30 and paid on July 5,
2007:
Date Check Numbers Amount
7/5/2007 Checks 298562-298893 $ 256,486.23
7/5/2007 Advices 215311-216025 1,388,893 23
Total Regular Payroll $1,645,379 46
Approval of checks issued for Payroll for July 1 through July 15 and paid on July 20,
2007.
Date Check Numbers Amount
7/20/2007 Checks 298894-299232 $ 257,193 39
7/20/2007 Advices 216026-216742 1,388,990 58
Total Regular Payroll $1.646,183 97
6B. Approval of Bills. (Continued)
Approval of checks issued for Payroll for July 16 through July 31 and paid on August
5, 2007:
Date Check Numbers Amount
8/5/2007 Checks 299233-299558 $ 275,299.05
8/5/2007 Advices 216743-217460 1,394,187 31
Total Regular Payroll $1,669,486.36
Approval of checks issued for Payroll for August 7 and paid on August 5, 2007:
Date Check Numbers Amount
8/7/2007 Void Check 299451 ($ 639.00)
8/7/2007 Reissued Check 299559 639.00
8/7/2007 Interim Check Run 299560 13,547.62
Total Interim Payroll $ 13,547.62
Council Agenda
Item No 6 A-B
Special Kent City Council Meeting
Z�KN T
WA 5 GT�N August 7, 2007
HIN
Mayor Cooke called this special meeting to order at 5:00 p.m. and explained that the reason for the
early start is so that Councilmembers can attend National Night Out activities Councilmembers
present. Albertson, Clark, Harmon, O'Brien, Ranmger, Raplee, and Thomas. (CFN-198)
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) O'Brien suggested having the Arts Commission honor heroes
from this community who are serving in the military in Iraq
B. Community Events. (CFN-198) Ranmger announced the showing of The Princess Bride at
Lake Meridian, the Doxon Toyota Amateur Golf Tournament at Riverbend Golf Course, open
auditions for the Missoula Children's Theater, the Summer Concert Series, fall soccer sign ups, and
the closure of the Senior Center from August 27-31 for refinishing of the floors
C. Kent-Yangzhou China Youth Ambassadors. (CFN-155) Alexandra Truzzi, Youth Exchange
Program Coordinator for the Kent-Yangzhou Sister City Committee, introduced the two youth
exchange students from Kent and the two from Yangzhou. Each student commented on their
experiences
D. Employee of the Month. (CFN-147) Mayor Cooke announced that the August Employee of
the Month is not available and presentation of the plaque will be delayed until a later date.
CONSENT CALENDAR
Ranmger moved to approve Consent Calendar Items A through N. Clark seconded and the motion
carried.
A. Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of July 17,
2007, were approved.
B. Approval of Bills. (CFN-104) Figures were not available for approval.
C. Ordinance Declaring Graffiti a Public Nuisance. (CFN-122) Ordinance No 3849 amending
section 8.01030 of the Kent City Code to declare graffiti a public nuisance was adopted.
D. Ordinance Increasing Commercial Truck Parking Penalty. (CFN-122) Ordinance
No. 3850 amending sections 9 38.130 and 9 38 140 of the Kent City Code to increase the infraction
fee for large vehicles parked in violation of the Kent City Code was adopted.
E. Riverbend Golf Complex Surplus Equipment Disposal. (CFN-239) Staff was authorized to
dispose of the following surplus equipment from Riverbend Golf Complex.
(1) 1997 Lastec Articulator—Pull behind mower Model X/SN3830596
(2) 2000 Toro Grounds Master 328. 4 wheel drive mower Model GM328/SN30627-210000223
(3) 1998 Befco—pull behind mower w/3 decks Model 17212-706D/SN196 (Frame), 197533,
197504, 197777
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Kent City Council Minutes August 7, 2007
(4) 2000 Toro Ground Master 328 —4 wheel drive mower Model GM328/SN30627-2100000224
(5) 1998 Befco—Pull behind mower w/2 decks (disassembled), Model 17212-706D/SN 192327,
192204
F. King Conservation District Grant. (CFN-118) A $1,993.94 grant from King Conservation
District was accepted and the expenditure of funds in the Eagle Scout Projects budget was
authorized.
G. 132nd Street Park Master Plan. (CFN-118) The 132nd Street Neighborhood Park Master
Plan was approved. The 5.5-acre neighborhood park site is located on the west side of 132nd
Avenue, north of Kent-Kangley Road at approximately 266th Street.
H. East Hill Water Reservoir Agreement. (CFN-1038) The Mayor was authorized to execute
the Public Works Trust Fund Pre-Construction Loan Agreement for the East Hill Water Reservoir
in the amount of$1,000,000, to establish a budget for the funds and to direct staff to spend the
money accordingly.
I. 116th Avenue SE Testing and Inspection Services Contract. (CFN-1024) The Mayor was
authorized to sign the Consulting Contract Agreement for the 116` Avenue SE Materials-Testing &
Inspections Services with Jason Engineering& Consulting Businesses, Inc., in an amount not to
exceed S 167,075, upon concurrence of the language therein by the Public Works Director and the
City Attorney.
J. 2007 Asphalt Overlays Testing and Inspection Services Contract. (CFN-103) The Mayor
was authorized to sign the Consulting Contract Agreement for the 2007 Asphalt Overlays-Materials
Testing& Inspections Services with Jason Engineering & Consulting Businesses, Inc., in the
amount not to exceed $40,705, upon concurrence of the language therein by the Public Works
Director and the City Attorney.
K. Kent Events Center Floodplain Mitigation Geotechnical Services Contract. (CFN-1305)
The Mayor was authorized to enter into an agreement with GeoEngineers, Inc , for the Kent Events
Center Floodplain Mitigation project for an amount not to exceed $28,737, upon concurrence of the
language therein by the City Attorney and the Public Works Director.
L. Congressional/Legislative Support Contract. (CFN-1038) The Mayor was authorized to
enter into a Consultant Services Agreement with Thompson Smitch Consulting Group in an amount
not to exceed S70,000, upon concurrence of the language therein by the City Attorney and the
Public Works Director. The contract provides the City of Kent assistance to secure the FY08
Energy and Water appropriation request.
M 106th Avenue SE Sewer Main Extension and Latecomer Agreement. (CFN-485) The
Latecomer Agreement for the 1061' Avenue SE Sewer Main Extension between the City of Kent
and the developers of the Silver Creek, Wildwood Ridge 1 & 2, and Henderson Short Plats was
authorized.
N. Solid Waste Handling Service Ordinance. (CFN-738) Ordinance No. 3851 amending section
7.03 050 of the Kent City Code, which requires residential and commercial properties to prevent
garbage and other waste from overflowing on their properties was adopted.
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Kent City Council Minutes August 7, 2007
OTHER BUSINESS
A Public Facilities District. (CFN-1305) City Attorney Brubaker explained that the proposed
ordinance creates the Public Facilities District("PFD"), as authorized by the State Legislature in its
2007 legislative session, to establish and construct the Kent Events Center("Center") This
ordinance and its attached mterlocal agreement constitute the initial organizational steps to create a
PFD for the Center, to authorize the PFD's reallocation provisions to divert one-third of one percent
of state-recovered sales tax to the PFD, to issue bonds to construct the Center, and to construct and
operate the Center, so long as the PFD continues to exist Passage of this ordinance and creation of
the PFD will not increase retail sales tax in the City The ordinance also authorizes the Mayor to
execute an mterlocal agreement with the PFD to carry out the PFD's various duties and purposes.
Raplee moved to adopt Ordinance No. 3852, which creates the Public Facilities District, as
authorized by the State Legislature in its 2007 legislative session, to establish and construct the
Kent Events Center and authorizes the Mayor to sign the mterlocal agreement with the PFD
Ranniger seconded and the motion carried.
BIDS
A. South 277`h Street Corridor, Green River Road Detention Pond. (CFN-1180) The bid
opening for this project was held on July 31, 2007, with three bids received. The low bid was
submitted by Rodarte Construction in the amount of$187,647 77 The Engineer's estimate was
$143,821.28 Raplee moved to award the contract on the S. 277`h Street Detention Pond to Rodarte
Construction, in the amount of S 187,647 77 and to authorize the Mayor to sign the agreement
Harnion seconded and the motion carried.
REPORTS
Council President. (CFN-198) Ranniger reminded everyone of National Night Out activities
taking place tonight.
Mayor. (CFN-198) No report was given.
Operations Committee. (CFN-198) No report was given.
Parks and Human Services Committee. Ranniger noted that the next meeting will be held at
5 00 p.m. on August 16
Planning and Economic Development Committee. (CFN-198) Harmon noted that no meeting
will be held in August
Public Safety Committee. (CFN-198) Thomas noted that the committee will meet on August 14
at 5 00 p.m.
Public Works Committee. (CFN-198) No report was given.
Administration. (CFN-198) Hodgson noted that there will bean executive session of approxi-
mately five minutes regarding the Cedar Pointe, Ellis, and Vista Landing Rezones as shown on the
agenda, and that action afterward is anticipated. It was clarified that action on the Kent 256°i
Rezone is not proposed at this time.
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Kent City Council Minutes August 7, 2007
EXECUTIVE SESSION
The meeting recessed into Executive Session at 5.20 p.m. and reconvened at 5:25 p in. (CFN-198)
ACTION AFTER EXECUTIVE SESSION
Cedar Pointe, Ellis, and Vista Landing Rezones. (CFN-121) Mayor Cooke announced that
during the executive session the Council discussed ordinances related to land use decisions The
City Attorney explained that the proposed ordinances pertain to three separate rezone applications,
all of which were requests to rezone from Single Family Residential SR-4 5 to Single Family
Residential SR-6 He noted that at the time they were presented, the Council denied the rezones,
which resulted in subsequent litigation He explained that the City of Kent did not prevail in the
litigation and, by order of the court, is directed to upzone the properties.
Harmon moved to adopt Ordinance No. 3853 authorizing the rezone of the Cedar Pointe rezone
application to SR-6, consistent with the Hearing Examiner's recommendation and the direction of
the King County Superior Court, and to authorize the settlement agreement entered into between the
applicant and the City, which will require dismissal, with prejudice, of all pending issues in the
Land Use Petition Act appeal. Clark seconded and the motion carried with Thomas opposed
Harmon moved to adopt Ordinance No. 3854 authorizing the rezone of the Ellis rezone application
to SR-6, consistent with the Hearing Examiner's recommendation and the direction of the King
County Superior Court, and to authorize the settlement agreement entered into between the
applicant and the City, which will require dismissal, with prejudice, of all pending issues in the
Land Use Petition Act appeal. Clark seconded and the motion carried with Thomas opposed.
Harmon moved to adopt Ordinance No. 3855 authorizing the rezone of the Vista Landing rezone
application to SR-6, consistent with the Hearing Examiner's recommendation and the direction of
the King County Superior Court, and to authorize the settlement agreement entered into between the
applicant and the City, which wilt require dismissal, with prejudice, of all pending issues in the
Land Use Petition Act appeal. Clark seconded.
Clark pointed out that residents of Scenic Hill expressed concern about their property values being
eroded and asked the Council not to approve this rezone. He said the Council is required to uphold
the laws and cannot always give citizens exactly what they want, even when they have a legitimate
concern. He added that in this case, there is a significant financial burden on the City if it does not
conform.
Harmon's motion to adopt Ordinance No. 3855 then carried with Thomas opposed.
ADJOURNMENT
The meeting adjourned at 5:30 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
4
Special Kent City Council Meeting
KEN T W ASHINGTON July 26, 2007
A special meeting of the Kent City Council was called to order at 5.30 p.m. by Mayor Cooke.
Councilmembers present- Albertson, Clark, Harmon, O'Brien, Ranmger, Raplee and
Thomas.
Mayor Cooke announced that the subject of this meeting is the Kent Events Center. Chief
Administrative Officer Hodgson updated the Council on actions which have been taken since
May. outlined upcoming target dates, and explained the Public Facilities District process. He
discussed the naming rights issue, noting that at this point the City is at an impasse with
Amiga, since they have asked to reframe their funding method which would result in
providing the city a lower amount of money upfront.
Hodgson then displayed pictures of the design of the building He announced that all permits
are ready and said if Council approves the project tonight, construction could begin this week.
City Attorney Brubaker explained the following key elements of the License Agreement with
the Thunderbirds arena design, construction change orders, liquidated damages if late
completion, terms and termination, Western Hockey League franchise forfeiture, ticket sales,
concession sales, advertising. scoreboard advertising, luxury suites club seats, reserved
parking, exclusive team facilities scheduling other events, and insurance Upon questions
from Councilmembers, Brubaker explained the number of parking spaces available, and
Hodgson explained the naming rights process in the event that Amiga does not come through.
Brad Tong then explained that the Maximum Allowable Construction Cost(MACC)
Agreement includes the cost to construct all of the work that the General Contractor will
perform. He pointed out milestone dates and outlined the design and scope of the project.
Hodgson stated that the main driver of the opening date is the availability of steel to the site,
which is scheduled for December 2007.
Finance Director Nachlmger then described the economic benefits to the City, noting that the
direct tax benefit over 30 years is estimated to be $28.849,000. Upon a question from Clark,
he explained how the Public Facilities District operates in regard to the long term debt.
Hodgson noted that the total construction cost in May was $67,000,000 and that an increase
in the cost of steel of$2,500,000, an increase in the contingency of$3,500,000, and off site
mitigation and financing costs in the amount of$5,000,000 now brings the total to
$78,000,00 He noted that the $11,000,000 gap can be bridged by delaying the Washington
Avenue Fire Station construction which would save $4,350,000, delaying the Corrections
Facilities Improvements which would save $4,050,000,reducing repayment to the CIP fund in
the amount of$1,500,000, and using the interest earned during construction in the amount of
$1,500,000 He emphasized that even if the Events Center is not built, construction of the
Washington Avenue Fire Station and improvements to the Corrections Facility would come
off the 2008 Capital Improvements Plan because a redeployment plan is being done by the
Fire Department and the funds wouldn't be used in 2008, and the plan for improvements to
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Special Kent City Council Minutes July 26, 2007
the Corrections Facility is being delayed while annexation is being studied Hodgson then
outlined the next steps to be taken if the project is approved by Council tonight
Russ Farwell of the Seattle Thunderbirds said they are happy with the partnership and
comfortable with the lease David Cooke of the Citizen's Advisory Committee said that
current figures indicate the Events Center is a paying proposition, and reported that adequate
parking is available Mike Miller, Citizen's Advisory Committee member, said this is a great
opportunity for the community and noted that the vote by the Committee was unanimously in
support of the Events Center
Ranniger moved to make letters endorsing the project from Citizen's Advisory Board
members Michelle McDowell and Herb Blackinton, and from Chen Sayer, a part of the
record. Harmon seconded and the motion tamed.
Esther Wissel, 226 Titusville Alley, requested that the Center provide handicapped access to
the restroom facilities. Edwin Thomas, 27239 12151 Avenue, opined that the City should have
floated municipal bonds to pay for the Center There were no further comments from the
audience
Raplee moved to establish a budget not to exceed $78,600,000.00 for the Kent Events Center
project and to authorize the Mayor to take all acts necessary to construct the project
Ranniger seconded O'Brien said the City should have a written agreement with King County
saying they will allow access to the Park and Ride lot and to the Regional Justice Center
garage for parking He also said the Center does not improve the quality of life and objected
to the fact that it was not voted on by the people. Raplee, Thomas, Ranniger, Clark, Harmon,
and Albertson spoke in support of the project Mayor Cooke said the Center will be an
economic magnet which she expects to generate more than $1,000,000,000 in overall
economic activity over the next thirty years. Upon a roll call vote, the motion carried with
O'Brien opposed.
Raplee moved to authorize the Mayor to enter into a License Agreement with the Seattle
Thunderbirds as anchor tenant, to operate a Western Hockey League franchise in the Kent
Events Center, subject to approval of final terms and conditions of the License Agreement by
the City Attorney Ranniger seconded. O'Brien objected to voting on items he did not have a
chance to read in advance. Upon a roll call vote, the motion carried with O'Brien abstaining.
Raplee moved to authorize the Mayor to sign all necessary documents to execute a Maximum
Allowable Construction Cost contract with M. A. Mortenson Company, who is the selected
General Contractor/Construction Manager for the Kent Events Center, all within the approved
budget and subject to approval of the final terms and conditions by the City Attorney
Ranniger seconded Upon a roll call vote, the motion carried unanimously.
Kent Events Center Flood Storage Proiect. The bid opening for this project was held on
July 17, 2007, with six bids received The low bid was submitted by Construct Company in
the amount of$664,235 55. The Engineer's estimate was $753,533.55 Raplee moved to
award the contract on the Kent Events Center Floodplam Mitigation to Construct Company,
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Special Kent City Council Minutes July 26, 2007
in the amount of$664,235.55 and authorize the Mayor to sign all necessary documents.
Ranniger seconded Environmental Engineering Manager Mike Mactutis summarized the
project, and the motion carried.
EXECUTIVE SESSION
CAO Hodgson noted that there will be an Executive Session of approximately ten minutes
regarding the items noted on the agenda, pending litigation and property negotiations, with
action afterward.
The meeting recessed to Executive Session at 7:43 and reconvened at 8.05.
ACTION AFTER EXECUTIVE SESSION
Orme/Charter Homes Rezone. Pursuant to the oral decision made on the record by Judge
Jones in the Land Use Petition Act appeal of the City Council's denial of a rezone application
for the Orme/Charter Homes property the Council has been ordered by the court to approve
the upzone applications as recommended by the Hearing Examiner. The City Attorney gave
an overview of the matter and Harmon moved to enact Ordinance No. 3848 approving the
Orme/Charter Homes rezone request from SR-4 5 to SR-6 Clark seconded and reiterated that
the city is being ordered by the court to take this action The motion then carried 5-1, with
Thomas opposed and Ranniger having an excused absence at the time.
ADJOURNMENT
The meeting adjourned at 8.10 p.m.
Brenda Jacober, CMC
City Clerk
3
Kent City Council Meeting
Date August 21, 2007
Category Consent Calendar
1. SUBJECT: LAKE MERIDIAN POINTE FINAL PLAT—APPROVE AND
AUTHORIZE (QUASI-JUDICIAL PROCEEDING)
2. SUMMARY STATEMENT: Approve the Final Plat mylar for Lake Meridian
Pointe and authorize the Mayor to sign the mylar. Hultquist Development, Inc.
proposes to subdivide approximately 4 68 acres into 30 single-family residential lots.
The property is located at 13419 SE 240`h Street.
3. EXHIBITS: Maps and memo with conditions
4. RECOMMENDED BY: Community Development & Public Works Dept. Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue- Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6C
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S.E. 240n l ST.
Lake Meridian Pointe
Final Plat
FSU-2005-20
KIVA#2071363
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
KENT PLANNING SERVICES
Charlene Anderson,AICP, Manager
W A H1 N G T 0
Phone 253-856-5454
Fax. 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: August 21, 2007
TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH
RANNIGER AND CITY COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR SUZETTE COOKE
SUBJECT: LAKE MERIDIAN POINTE FINAL PLAT (#FSU-2005-20/KIVA#2071363)
MOTION: Approve the final plat mylar for Lake Meridian Pointe and authorize the Mayor to
sign the mylar.
SUMMARY: Hultquist Development, Inc , proposes to subdivide approximately 4.68
acres into 30 single-family residential lots The property is located at 13419 SE 240th St
BUDGET IMPACT: None
BACKGROUND: On August 3, 2006, the Hearing Examiner issued Findings,
Conclusions and a Decision granting approval of a preliminary plat, with 13 conditions.
The applicant has complied with the conditions required prior to recording.
S Permit\P1an1longplats\200712071363-FSU-2005-20cc DOC
Enclosure Conditions of approval—Hearing Examiner
LAKE MERIDIAN POINTE PRELIMINARY PLAT
#SU-2005-20 KIVA #2060749
On August 3, 2006, the Hearing Examiner approved the Lake Meridian Pointe preliminary plat
with the following conditions:
A. PRIOR TO RECORDING THE PLAT FOR THIS SUBDIVISION:
1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or
Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference
and/or prior to recording this plat, whichever comes first.
2. The Owner / Subdivider shall provide Public Works with a digital plat map
prepared with a CAD program. The digital information can be formatted in either
*.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon
State Plane coordinates: an assumed coordinate system is not
permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and
must relate to at least two City of Kent reference points within one half mile of
the subdivision. In addition, the project shall be tied into at least two City of Kent
NAD 88 vertical benchmarks and two additional permanent benchmarks shall be
established within the project. The locations, descriptions and elevations of these
benchmarks will be reported at the time as-built drawings are submitted along
with field notes sufficient to verify the required precision.
3. The Owner / Subdivider shall submit and receive City approval of engineering
drawings from the Department of Public Works, and shall then either construct
or bond for the following:
a. A public gravity sanitary sewer system to serve all lots.
This development will be served by the Soos Creek Water & Sewer
District and will be constructed to Soos Creek Water & Sewer District
standards and specifications.
The septic system(s) serving the existing home(s) within the proposed
subdivision - if any - shall be abandoned in accordance with King County
Health Department Regulations.
b. A public water system meeting domestic and fire flow requirements for all
lots.
This development will be served by Water District #111 and will be
constructed to Water District #111 standards and specifications.
Lake Meridian Pointe
Conditions of Approval
Page 1 of 7
i
Existing wells — if any - shall be decommissioned in accordance with the
requirements of the Department of Ecology.
C. A stormwater system. The Engineering Plans must meet the minimum
requirements of the City of Kent Construction Standards and 2002 City of
Kent Surface Water Design Manual (KSWDM). Initial guidance for the ,
Engineering Plans is given below (See Chapter 2 of KSWDM for detailed
submittal requirements):
(1) The Engineering Plans will include at a minimum: Site
improvement plans which include all plans, details, notes and
specifications necessary to construct road, drainage, and other
related improvements. The engineering plans shall include a
technical information report (TIR) which contains all the technical
information and analysis to develop the site improvement plans.
(2) An erosion and sedimentation control (ESC) plan shall be included
with the engineering plans. The ESC shall meet the requirements
of the City of Kent Construction Standards, and the 2002 City of
Kent Surface Water Design Manual. These plans must reflect the
Detailed Grading Plan discussed below, and the Planning Services
approved Detailed Tree Plan.
(3) The retention / detention and release standard that will be met by
the subdivision Level Two. The water quality menu that will be
met by the subdivision is the Resource Stream Protection
Menu.
(4) The site improvement plans and technical information report will
contain drainage calculations and a drawing of the retention /
detention pond tract at an appropriate engineering scale to show
that the proposed on-site or off-site retention / detention tract is
large enough to contain the required minimum stormwater
storage volume and water quality facility. The site improvement
plans will also show that all required stormwater management
facilities will be outside of delineated wetlands and their buffers,
as well as outside of creeks and their buffers.
(5) A downstream analysis is required for this development, and it
will include an analysis for capacity, erosion potential, and water
quality. Refer to the requirements of Technical Information
Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent
Surface Water Design Manual for the specific information i
required for downstream analyses. The Downstream Analysis is
only required to the point where the stormwater discharge from
this development will enter Meridian Valley Creek.
Lake Meridian Pointe
Conditions of Approval
Page 2 of 7
(6) Roof downspouts for each roofed structure (house, garage,
carport, etc.) shall be diverted to a Roof Downspout Infiltration
System meeting the requirements of section 5.4.5, Infiltration
Trenches, of the 1998 Surface Water Design Manual. These roof
downspout conveyance and infiltration systems shall include
overflow pipes connected to an approved dispersion system. The
drainage plans shall include an approved detail for the roof
downspout infiltration system. The face of the recorded plat shall
contain the following restriction:
AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES
CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF
DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE
APPROVED PLANS.
(7) The Owner / Subdivider shall submit Landscape Plans for within
and surrounding the retention / detention facility to the Planning
Department and to the Department of Public Works for concurrent
review and approval prior to, or in conjunction with, the approval
of the Engineering Plans. These Landscape Plans shall meet the
minimum requirements of the City of Kent Construction
Standards, and the stormwater management landscaping
requirements contained within the 1998 King County Surface
Water Design Manual. Landscape Plans are required to show
adjacent Street Trees so that the City arborist can assess potential
adverse stress upon all types of vegetation.
(8) The Owner / Subdivider shall execute Declaration of Stormwater
Facility Maintenance Covenants for the private portions of the
drainage system prepared by the Property Management Section of
the Department of Public Works. See Reference 8-F, Declaration
of Stormwater Facility Maintenance Covenant, to the 2002 City of
Kent Surface Water Design Manual for information on what is
contained within this document.
(9) The low permeability geomembrane liner shown on stormwater
pond cross-section C-C, sheet PP02 of the February 1, 2006
Preliminary Subdivision map, shall be extended to enclose the
bottom of the pond up to the emergency overflow water surface
level.
d. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the City of Kent Construction Standards, and City of Kent
Development Assistance Brochure #1-3, Excavation and Grading Permits
& Grading Plans. Initial guidance for these plans is given below:
Lake Meridian Pointe
Conditions of Approval
Page 3 of 7
(1) These plans will include provisions for utilities, roadways,
retention / detention ponds, stormwater treatment facilities, and a
building footpad for every lot.
(2) These plans shall be designed to eliminate the need for processing
several individual Grading Permits upon application for Budding
Permits: phasing of grading on a lot-by-lot basis will not be
considered.
(3) These plans will use a 2-foot maximum contour interval, and
every fifth contour line will be darker and wider in conformance to
standard drafting practice.
e. Street Improvement Plans for the new public Residential Street connected
to Southeast 240th Street and terminating with a permanent cul-de-sac
bulb at its southerly terminus. The Street Improvement Plans for this
street shall be designed in conformance with the requirements for a
Residential Street as required by City of Kent Construction Standards, and
City of Kent Development Assistance Brochure #6-2, Private and Public
Street Improvements and City of Kent Development Assistance Brochure
# 6-8, Street Improvement Plans for a street 28-feet wide. Initial
guidance for these street improvements is given below:
(1) Combined vertical curb & gutter, a 5-foot wide planting strip
constructed between the back of curb and the front of the sidewalk, and
then a 5-foot wide cement concrete sidewalk along both sides of the
street.
(2) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as
measured from face of vertical curb to face of vertical curb.
(3) A street lighting system designed to the City's standards,
constructed and maintained by the IntoLight Division of Puget Sound
Energy; all electrical and maintenance bills shall be paid for by the Home
Owner's Association created for this subdivision.
(4) A public stormwater drainage system, including provisions for
collection, conveyance, detention, and treatment facilities.
(5) Curb return radii of 25-feet at the intersection of the subdivision
street and Southeast 240th Street, and a 45-foot radius to the face of
vertical curb for the permanent cul-de-sac bulb.
(6) Street Trees installed within the 5-foot wide planting strips. These
Street Trees will be located as approved by the Public Works Department,
Lake Meridian Pointe
Conditions of Approval
Page 4 of 7
and the species shall be selected from the Approved Street Tree List
contained within Gtyof Kent Development Assistance Brochure #14, City
of Kent Street Trees
f. Street Improvement Plans for the new Private Residential Streets
connected to the new Residential Street and terminating with a
permanent cul-de-sac bulb, or approved turnaround at their termini. The
Street Improvement Plans for these streets shall be designed in
conformance to the requirements for a Private Residential Street as
required by City of Kent Construction Standards, and Gty of Kent
Development Assistance Brochure #6-2, Private and Public Street
Improvements and City of Kent Development Assistance Brochure # 6-8,
Street Improvement Plans for a private street at least 20-feet wide. Initial
guidance for these street improvements is given below:
(1) A maximum of 20-feet of Hot Mix Asphalt (HMA) pavement,
measured from edge of pavement to edge of pavement, or from
face of vertical curb to face of vertical curb, except where the Fire
Marshal requires additional pavement width for emergency vehicle
access.
` (2) A 5-foot wide cement concrete sidewalk or paved walkway
constructed along one side of any private street serving more
than four lots.
(3) An approved cul-de-sac bulb, or turnaround at its terminus, unless
these additional street improvements are not required by the City
Fire Marshal.
(4) A private stormwater drainage system, including provisions for
conveyance, detention, and treatment facilities where applicable.
(5) All private streets will connect to the public street system with a
Residential Concrete Driveway Approach conforming to the
minimum requirements of Standard Detail 6-5(a). The minimum
design inside radii for all driveway approaches serving as Fire
Lanes - as determined solely by the Fire Marshal - shall be 30-
feet.
(6) Unless otherwise approved by the Public Works Department, all
private streets will conform to the minimum horizontal and vertical
alignment and safe stropping sight distances requirements for a
public Residential Street.
(7) Fire Lanes - if any - will be marked as directed by the Fire
Marshal.
Lake Meridian Pointe
Conditions of Approval
Page 5 of 7
(8) The private streets must be centered within a private roadway
tract or easement that is at least 1-foot wider than the total width
of the private street pavement. S
(9) Lots which abut a private street will be served solely by that
private street in order to minimize the total number of driveways
on this narrow lot subdivision.
4. The Owner / Subdivider shall create a Homeowner's Association for this
subdivision to ensure that the property owners within this subdivision are advised
of their obligation to pay for the energy and maintenance required for the street
lighting system installed in their development. Those sections of the required
document written to govern that association as they relate to any IntoLight
Division of Puget Sound Energy street lighting systems, shall be reviewed and
approved by the Department of Public Works, prior to the recording these
documents.
5. The face of the final plat will clearly identify all private streets, and which lots will
be served by those private streets. The face of the final plat will also specify that
the maintenance of all private streets is the sole responsibility of the property
owners who are served by those private streets.
6. Direct vehicular access to and from Southeast 240th Street for lots having
frontage along Southeast 240th Street is prohibited, and the face of the final plat
will carry the following restriction:
DIRECT VEHICULAR ACCESS TO AND FROM SOUTHEAST 240T" STREET IS PROHIBITED
FOR LOTS WITH FRONTAGE ALONG SOUTHEAST 240TH STREET. VEHICULAR ACCESS
FOR LOTS WITH FRONTAGE ALONG SOUTHEAST 24V' STREET IS RESTRICTED TO THE
NEW PUBLIC RESIDENTIAL STREET SHOWN ON THE FACE OF THE APPROVED PLAT.
7. The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey
all private and public easements necessary for the construction and maintenance
of the required improvements for this subdivision development.
8. This narrow-lot subdivision will be served via joint use common driveway
approaches serving two or more residential lots, and where shown on the
approved plat. The maximum width of the private joint use driveway approach
throats shall be limited to 20-feet in order to provide adequate landscaping strip
areas for street trees and pedestrian scale street lights.
9. Prior to release of any construction bonds, and prior to the approval of any
Building Permits within the subject subdivision, the Department of Public Works
must receive and approve As-Built Drawings meeting the requirements of the
City of Kent Construction Standards, and City of Kent Development Assistance
Lake Meridian Pointe
Conditions of Approval
Page 6 of 7
Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water;
Sewer; Stormwater Drainage Facilities; and all off-site improvements where the
locations and/or elevations are deemed critical by the Department of Public
Works.
10. Break-away mailbox clusters shall be installed at locations and per standards
approved by the US Postmaster and the City of Kent Public Works Department.
B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION,
THE OWNER / SUBDIVIDER SHALL:
1. Record the Plat.
2. Construct all of the improvements required in Section A, above, and/or pay the
respective fees-in-lieu-of including any mitigation (EMA or EMF) charges.
3. Receive approval of the required As-Built Drawings for Street, Street Lighting,
Water, Sewer, and Stormwater Management Facilities as deemed appropriate by
the Department of Public Works.
S\Permit\Plan\LONGPLATS\FINAL PLATS\2007\2071363-2005-20conditions doc
1
1
Lake Meridian Pointe
Conditions of Approval
Page 7 of 7
Kent City Council Meeting
Date Auuust 21, 2007
Category Consent Calendar
1. SUBJECT: FOREST RIDGE COURT FINAL PLAT — APPROVE AND
AUTHORIZE (QUASI-JUDICIAL PROCEEDING)
2. SUMMARY STATEMENT: Approve the Final Plat mylar for Forest Ridge Court
and authorize the Mayor to sign the mylar Forest Ridge Court, LLC, proposes to
subdivide approximately 4.78 acres into 13 single-family residential lots. The property
is located at 12301 SE 274th St.
3. EXHIBITS: Maps and Memo with conditions
4. RECOMMENDED BY: Community Development and Public Works Dept. Staff
(Committee, Staff, Examiner, Commission, etc.)
r
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION.
Council Agenda
Item No 6D
� FOREST RI
DGE COURT
BEING A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN
CITY OF KENT, KING COUNTY, WASHINGTON
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COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
KENT PLANNING SERVICES
Charlene Anderson, AICP, Manager
W A 5"'"G�°" Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: August 21, 2007
TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH
RANNIGER AND CITY COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR SUZETTE COOKE
SUBJECT: FOREST RIDGE COURT FINAL PLAT (#FSU-2004-13/KIVA #2064895)
MOTION: Approve the final plat mylar for Forest Ridge Court and authorize the Mayor to sign
the mylar.
SUMMARY: Forest Ridge Court, LLC., proposes to subdivide approximately 4.78 acres
into 13 single-family residential lots The property is located at 12301 SE 274th St.
BUDGET IMPACT: None
BACKGROUND: On May 18, 2005, the Hearing Examiner issued Findings, Conclusions
and a Decision granting approval of a preliminary plat, with t5 conditions. The applicant
has complied with the conditions required prior to recording
S\Permit\Plan\longplats\2006\2064895-FSU-2004-13cc DOC
Enclosure Conditions of approval—Hearing Examiner
FOREST RIDGE COURT
#SU-2004-13
On May 18, 2005, the City of Kent Hearing Examiner approved the Forest Ridge Court
preliminary plat with the following conditions.
A. PRIOR TO RECORDING THIS SUBDIVISION:
1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments
and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction
Conference and/or prior to recording this plat, whichever comes first
2. The Owner / Subdivider shall provide Public Works with a digital plat map
prepared with a CAD program The digital information can be formatted in
either * DWG (AutoCad) or * DXF (Drawing Exchange File), but must be
based upon State Plane coordinates an assumed coordinate system is
not permitted The State Plane Coordinates shall be on the NAD 83/91
datum and relate to at least two City of Kent reference points within one
half mile of the subdivision In addition, the project shall be tied into at
least two City of Kent NAD 88 vertical benchmarks and two additional
permanent benchmarks shall be established within the project The
elevations of these benchmarks will be reported at the time as-built
drawings are submitted along with field notes sufficient to verify their
accuracy.
3. The Owner / Subdivider shall submit and receive City approval of
engineering drawings from the Department of Public Works, and shall then
either construct or bond for the following
a. A gravity sanitary sewer system to serve all lots.
The public sanitary sewer system shall be extended from the
existing public sanitary sewer system and shall be sized to serve all
off-site properties within the same service area, in addition, the
sanitary sewer system shall be extended across the entire
subdivision as needed to serve adjacent properties within the same
service area, unless otherwise determined by the sanitary sewer
purveyor
The septic system serving former homes within the proposed
subdivision - if any - shall be abandoned in accordance with King
County Health Department Regulations.
b. A water system meeting domestic and fire flow requirements for all
lots
Forest Ridge Court
SU-2004-13
Conditions of Approval
The public water system shall be sized and extended across the
entire subdivision as needed to meet fire demand requirements and
loop the system along Southeast 274th Street Water system
extensions within the plat, if determined necessary by the fire
department to serve the lots accessing the proposed private street,
shall also serve adjacent properties within the same service area,
unless otherwise determined by the water purveyor.
Existing wells — if any - shall be abandoned in accordance with the
requirements of the Department of Ecology.
C. A stormwater system. The Engineering Plans must meet the
minimum requirements of the City of Kent Construction Standards
and 2002 City of Kent Surface Water Design Manual (KSWDM).
Initial guidance for the Engineering Plans is given below (See
Chapter 2 of KSWDM for detailed submittal requirements):
(1) The Engineering Plans will include at a minimum: Site
improvement plans which include all plans, details, notes
and specifications necessary to construct road, drainage,
and other related improvements The engineering plans shall
include a technical information report (TIR) which contains
all the technical information and analysis to develop the site
improvement plans.
(2) An erosion and sedimentation control (ESC) plan shall be
included with the engineering plans The ESC shall meet the
requirements of the City of Kent Construction Standards,
and the 2002 City of Kent Surface Water Design Manual.
These plans must reflect the Detailed Grading Plan
discussed below, and the Planning Department approved
Detailed Tree Plan
(3) The retention / detention and release standard that will be
met by the subdivision is Level Two. The water quality menu
that will be met by the subdivision is the Resource Stream
Protection Menu.
(4) The site improvement plans and technical information report
will contain drainage calculations and a drawing of the
retention / detention pond tract at an appropriate
engineering. The site improvement plans will also show that y
all required stormwater management facilities will be outside ■
Page 2 of 10
' Forest Ridge Court
SU-2004-13
Conditions of Approval
of delineated wetlands and their buffers, as well as outside
of creeks and rivers and their buffers
(5) A downstream analysis is required for this development, and
it will include an analysis for capacity, erosion potential, and
water quality. Refer to the requirements of Technical
Information Reports in Section 3 "Offsite Analysis", of the
2002 City of Kent Surface Water Design Manual for the
specific information required for downstream analyses.
(6) As development occurs within this subdivision, roof
downspouts for each roofed structure (house, garage,
carport, etc ) shall be directed to a Roof Downspout
Infiltration System meeting the requirements of Section 5.1
of the 1998 King County Surface Water Design Manual.
These roof downspout conveyance and infiltration systems
shall include overflow pipes connected to an approved
dispersion system The face of the recorded subdivision /
PUD shall contain the following restriction.
AS A CONDITION OF BUILDING PERMIT ISSUANCE,
RESIDENCES CONSTRUCTED ON LOTS OF THIS
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE
APPROVED DRAINAGE PLANS
If the sods report determines that infiltration trenches are not
appropriate for this site, the applicant / owner shall also
include Dispersion or Native Growth Open Space BMP's in
the Drainage Plans in accordance with the King County
Surface Water Design Manual The Dispersion or Native
Growth Open Space BMP's shall be established from the
overflow of the roof downspout infiltration system
(7) If determined necessary by the Public Works Department,
following review and approval of the required downstream
analysis, the Owner / Subdivider shall provide public
drainage easements meeting the requirements of the City of
Kent Construction Standards for the specified downstream
reach where adequate public drainage easements do not
currently exist.
(8) The Owner / Subdivider shall submit Landscape Plans for
within and surrounding the retention / detention facility to the
Planning Department and to the Department of Public Works
for concurrent review and approval prior to, or in conjunction
Page 3 of 10
Forest Ridge Court '
SU-2004-13
Conditions of Approval
with, the approval of the Engineering Plans These
Landscape Plans shall meet the minimum requirements of
the City of Kent Construction Standards, and the stormwater
management landscaping requirements contained within the
1998 King County Surface Water Design Manual.
Landscape Plans are required to show adjacent Street Trees
so that the City arborist can assess potential adverse stress
upon all types of vegetation.
(9) The Owner / Subdivider shall execute Declaration of
Stormwater Facility Maintenance Covenants for the private
portions of the drainage system prepared by the Property
Management Section of the Department of Public Works
See Reference 8-F, Declaration of Stormwater Facility
Maintenance Covenant, to the 2002 City of Kent Surface
Water Design Manual for information on what is contained
within this document.
d. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the Uniform Building Code, the City of Kent
Construction Standards, and City of Kent Development Assistance
Brochure #1-3, Excavation and Grading Permits & Grading Plans
Initial guidance for these plans is given below
(1) These plans will include provisions for utilities, roadways, ,
retention / detention ponds, stormwater treatment facilities,
and a building footpad for each lot
(2) These plans shall be designed to eliminate the need for
processing several individual Grading Permits upon
application for Budding Permits
e. A Wetland Mitigation Plan meeting the requirements of the City of
Kent Wetlands Management Ordinance, and City of Kent
Development Assistance Brochure #10, Wetland Mitigation Plans
These plans shall pursue avoiding or minimizing impacts to
wetlands to the maximum extent possible by analyzing alternatives
that would avoid the impact, as stated in Kent City Code, Section
11.05.120 - Avoiding wetland impacts
f. Interim Street Improvement Plans for 1241h Avenue Southeast
along the entire property frontage thereon These Interim Street
Improvement Plans shall meet the requirements of the City of Kent
Construction Standards, and City of Kent Development Assistance
Brochures #6-2, Private and Public Street Improvements, and # 6-
Page 4 of 10
Forest Ridge Court
SU-2004-13
Conditions of Approval
8, Street Improvement Plans, for a street designated as a
Residential Collector Arterial Street Augmented by Bicycle Lanes
by the City of Kent Master Plan of Roadways Initial guidance for
' the necessary interim street improvements is given below.
(1) Combined vertical concrete curbs & gutters, a 5-foot wide
' planter strip, and a 5-foot cement concrete sidewalk along
the west side of the street as it has frontage along the
subdivision
(2) A minimum of 22-feet of asphalt pavement as measured
from the approved centerline of the street to the face of curb
' along the west side of the street, plus at least 12-feet of
asphalt pavement as measured from the approved roadway
centerline to the edge of the traveled lane on the east side of
the street.
(3) A City-approved shoulder on the east side of the street.
' (4) A City-approved street lighting system
(5) Stormwater conveyance, detention and treatment facilities
as applicable
' (6) Street Trees installed within the 5-foot wide planting strips
constructed between the back of curb and the front of the
cement concrete sidewalk These Street Trees shall be
' located as approved by the Public Works Department, and
the species shall be selected from the Approved Street Tree
List contained within City of Kent Development Assistance
' Brochure #14, City of Kent Street Trees.
g. Interim Street Improvement Plans for Southeast 274th Street for the
entire property frontage thereon These Interim Street Improvement
Plans shall meet the requirements of the City of Kent Construction
Standards, and City of Kent Development Assistance Brochures
#6-2, Private and Public Street Improvements, and # 6-8, Street
Improvement Plans, for a street designated as a Residential Street
by the City of Kent Master Plan of Roadways Initial guidance for
' the necessary interim street improvements is given below
(1) Combined vertical concrete curbs & gutters, a 5-foot wide
planter strip, and a 5-foot cement concrete sidewalk along
the south side of the street
' Page 5 of 10
Forest Ridge Court '
SU-2004-13
Conditions of Approval '
(2) A minimum of 14-feet of asphalt pavement as measured
from the approved centerline of the street to the face of curb
on the south side of the street, plus at least 12-feet of
asphalt pavement as measured from the roadway centerline
to the edge of the traveled lane on the north side of the
street
(3) A City-approved shoulder on the north side of the street. '
(4) A City-approved street lighting system '
(5) Stormwater conveyance, detention and treatment facilities
as applicable '
(6) Street Trees installed within the 5-foot wide planting strips
constructed between the back of curb and the front of the '
cement concrete sidewalk These Street Trees will be
located as approved by the Public Works Department, and
the species shall be selected from the Approved Street Tree ,
List contained within City of Kent Development Assistance
Brochure #14, City of Kent Street Trees
h. Street Improvement Plans for the new Private Residential Street '
connected to 124th Avenue Southeast, and including an approved
turnaround at or near its westerly terminus. The Street t
Improvement Plans for this street shall be designed in conformance
to the requirements for a Private Residential Street as required by
City of Kent Construction Standards, and City of Kent Development
Assistance Brochure #6-2, Private and Public Street Improvements
and City of Kent Development Assistance Brochure # 6-8, Street
Improvement Plans for a street at least 20-feet wide. Initial '
guidance for these street improvements is given below:
(1) A minimum of 20-feet of hot mix asphalt pavement, '
measured from edge of pavement to edge of pavement.
(2) A 5-foot wide paved walkway constructed along the north
side of the street.
(3) An approved turnaround at or near its west terminus, unless 1
these additional street improvements are not required by the
City Fire Marshal.
Page 6 of 10 '
' Forest Ridge Court
SU-2004-13
' Conditions of Approval
' (4) A private stormwater drainage system, including provisions
for conveyance, detention, and treatment facilities where
applicable.
(5) Unless additional asphalt concrete pavement width is
provided for parking, all minimum width private streets
serving more than two lots shall have pavement markings
and traffic signs installed which clearly designate these
private streets as Fire Lanes, where no parking will be
permitted
(6) The private street, including sidewalk must be centered
' within a private roadway tract or easement that is at least 1-
foot wider than the total width of the private street and
sidewalk combination. Access easement rights shall be
' granted to the property located immediately to the south of
this private street, subject to review and approval by the City
of Kent.
' 1. Street Improvement Plans for the new Private Residential Street
connected to Southeast 274th Street, and including an approved
' turnaround at or near its south terminus The Street Improvement
Plans for this street shall be designed in conformance to the
requirements for a Private Residential Street as required by City of
Kent Construction Standards, and City of Kent Development
Assistance Brochure #6-2, Private and Public Street Improvements
and City of Kent Development Assistance Brochure # 6-8, Street
Improvement Plans for a street at least 20-feet wide. Initial
guidance for these street improvements is given below.
(1) A minimum of 20-feet of hot mix asphalt pavement,
measured from edge of pavement to edge of pavement, or
from face of curb to face of curb
' (2) An approved turnaround at or near its south terminus, unless
these additional street improvements are not required by the
' City Fire Marshal
(3) A private stormwater drainage system, including provisions
for conveyance, detention, and treatment facilities where
applicable
(4) Unless additional asphalt concrete pavement width is
provided for parking, all minimum width private streets
' serving more than two lots shall have pavement markings
Page 7 of 10
Forest Ridge Court '
SU-2004-13
Conditions of Approval '
and traffic signs installed which clearly designate these
private streets as Fire Lanes, where no parking will be '
permitted.
(5) The private street must be centered within a private roadway '
tract or easement that is at least 1-foot wider than the total
width of the private street and sidewalk combination. '
j. Street Light Plans for both public streets having frontage along this
subdivision meeting the requirements of the City of Kent '
Construction Standards, and City of Kent Development Assistance
Brochure #6-1, Street Lighting Requirements
4. The Owner / Subdivider shall create a Homeowner's Association for this ,
subdivision to ensure that the property owners within this subdivision are
advised of their requirement to pay for the provided street lighting system
If a PSE-owned street lighting system is approved for either or both public
streets Those sections of the required document written to govern that
association as they relate to any IntoLight Division of Puget Sound Energy ,
street lighting systems, shall be reviewed and approved by the
Department of Public Works, prior to the recording these documents
5. The face of the final plat will clearly identify all private streets, and which ,
parcels will be served by those private streets. The face of the final plat
will also specify that the maintenance of all private streets is the sole
responsibility of the property owners who are served by those private
streets.
6. Direct vehicular access to and from Lot 9 and Tract B having frontage
along 124`h Avenue Southeast is restricted, and the face of the final plat
will carry the following restriction: ,
DIRECT VEHICULAR ACCESS TO AND FROM LOT9 IS RESTRICTED TO
THAT PRIVATE STREET SHOWN ON THE FACE OF THE PLAT. '
7. The Owner / Subdivider shall deed all public rights-of-way, and otherwise
convey all private and public easements necessary for the construction '
and maintenance of the required improvements for this subdivision
development
8. The Owner / Subdivider shall submit and receive approval of a Detailed
Tree Plan, meeting the requirements of the Kent Zoning Code, and City of
Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to '
the issuance of any Construction Permits for the subdivision Grading
Plans cannot be approved by the Department of Public Works without an
Page 8 of 10 '
Forest Ridge Court
SU-2004-13
Conditions of Approval
approved Detailed Tree Plan. Detailed Tree Plans are not to be confused
with required Street Tree Plans, which have an entirely different purpose.
9. The Owner / Subdivider shall permanently protect the approved and
preserved, and/or enhanced, or created wetland(s) and it's buffer(s) by
creating a separate Sensitive Area Tract and deeding the tract in fee
' simple to the City, OR by granting a Sensitive Area Easement to the City
for the entire sensitive area, in conformance to the requirements of the
City of Kent Wetlands Management Code. This Sensitive Area Tract or
Easement shall be consistent with the wetland and wetland buffer map
contained within the approved Wetland Delineation Report and/or
approved Wetland Mitigation Plan as appropriate The Owner / Subdivider
shall provide a legal description of said easement or tract prepared by a
licensed land surveyor, prior to issuance of any Construction Permits The
Sensitive Area Tract and the following language shall be included on the
face of the recorded plat
SENSITIVE AREA TRACTS ! EASEMENTS
DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO
THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT.
THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION
FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND
WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION,
MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING,
AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE
HABITAT THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL
PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND
SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE
ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE
UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT.
THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED,
COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN
WRITING FROM THE CITY OF KENT
' THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE
AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE
' FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY
CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER
DEVELOPMENT ACTIVITY THE REQUIRED MARKING OR FLAGGING
SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE
VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED.
NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS
(INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND
OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA
TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY
THE CITY
' Page 9of10
Forest Ridge Court ,
SU-2004-13
Conditions of Approval
THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC
UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO
ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS
REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS '
DISTURBED UPON THE COMPLETION OF THE UNDERGROUND
CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE.
10. Prior to release of any construction bonds, and prior to the approval of any
Building Permits within the subject subdivision, the Department of Public
Works must receive and approve As-Built Drawings meeting the
requirements of the City of Kent Construction Standards, and City of Kent
Development Assistance Brochure #E-1, As-Budd Drawings, for Streets,
Street Lighting System, Water, Sewer; Stormwater Drainage Facilities, ,
and all off-site improvements where the locations and/or elevations are
deemed critical by the Department of Public Works.
11. Mailbox clusters shall be installed at locations and per standards approved ,
by the US Postmaster and Public Works.
B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS
SUBDIVISION, THE OWNER/ SUBDIVIDER SHALL
1. Record the Plat '
2. Pay the Environmental Mitigation Fee for that lot.
3. Construct all of the improvements required above.
4. Submit and receive City approval for As-Built Drawings meeting the
requirements of the City of Kent Construction Standards ,
S\Permit\Plan\LONGPLATS\FINAL PLATS\2006\2064895-2004-13conditions doc
Page 10 of 10
Kent City Council Meeting
Date August 21, 2007
Category Consent Calendar
1. SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENT—CONFIRM
' 2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Pastor Wilbur
Vincent to the Human Services Commission. Pastor Vincent has clearly demonstrated
his commitment to Kent as Pastor of the Center of Faith The Center of Faith was
established in Kent in 1989 with the vision of breaking radical, denominational, and
gender barriers through spiritual and natural resources to build a unified community.
Pastor Wilbur will fill a vacancy on the Human Services Commission and his term will
expire on January 1, 2010.
3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget9 Yes No
If no:
Unbudgeted Expense- Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6E
KEN* T
WASHINGTON
MEMORANDUM
t To: Dr. Deborah Ranniger, City Council President
City Council Members
From: Mayor Suzette Cooke
Pdd--�
' Date August 21, 2007
Subject: Appointment to Kent Human Services Commission
I seek your approval of my appointment of Pastor Wilbur Vincent to the Kent Human
Services Commission.
Pastor Vincent clearly demonstrates his commitment to Kent serving as the Senior Pastor
' of the Center of Faith. The Center of Faith was established in Kent in 1989 with the vision
of breaking radical, denominational, and gender barriers through spiritual and natural
resources to build a unified community.
Pastor Vincent will fill a vacant position on the Commission that expires January 1, 2010.
I submit this for your confirmation.
' Appointment/humansvcscommission/pb
Kent City Council Meeting
Date August 21, 2007
Category Consent Calendar
1. SUBJECT: KENT ARTS COMMISSION APPOINTMENT — CONFIRM
2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Carol Hawley
to the Kent Arts Commission. Ms Hawley is an avid photographer having spent 30+
years photographing nature, and weddings, as well as working with the King County
Animal Shelter by taking photos of the animals for adoption. Carot also volunteers
with the Kent CERT team and at the Kid Safe Event.
Carol will fill a vacancy on the Arts Commission and her term will expire on
October 31, 2009.
3. EXHIBITS: Memorandum
4. 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 6F
i KENT
WASHINGTON
MEMORANDUM
To: Dr. Deborah Ranniger, City Council President
City Council Members
From: Mayor Suzette Cooke
Date August 21, 2007
Subject: Appointment to Kent Arts Commission
I seek your approval of my appointment of Carol Hawley to the Kent Arts Commission.
Carol Hawley is a Kent resident and amateur photographer
Carol is an avid photographer having spent 30+years photographing nature,weddings, as
' well as working with the King County Animal Shelter by taking photos of the animals up for
adoption. Carol also volunteers with the Kent CERT team and at their Kid Safe Events
' Carol Hawley will fill a vacant position on the Commission that expires October 31, 2009.
1 submit this for your confirmation.
Appointment/ar►scommission/pb
Kent City Council Meeting
Date August 21, 2007
lCategory Consent Calendar
1. SUBJECT: CHANGE ACCOUNT BALANCE INCREASE ORDINANCE—
ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. which amends section
3 41.020 of the Kent City Code to increase the maximum change account limit from
$6,000 to $10,000.
The City's change account currently totals $7,050, including a $2,200 increase during
2005 for expanded Parks, Recreation and Community Services Department operations.
Kent City Code 3.41 020 establishes a $6,000 change account limit. The request for a
$10,000 limit incorporates expected future growth, including potential annexations
Only amounts actually required will be drawn down.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Operations 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
Item No 6G
ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending section 3.41 020 of the
Kent City Code, entitled "Change Account," to increase
the maximum account balance from $6,000 to $10,000.
ORDINANCE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. - Amendment. Section 3.41.020 of the Kent City Code,
entitled "Change Account," is amended as follows:
Sec. 3.41.020. Change Account.
A. Created. There is hereby established in the office of the finance director a
special account to be known as the change account.
B. Amount and authornzatlon. The amount of the change account shall be s+*
thousand dellaFsten thousand dollars ($6 GG910,000). The finance director is
hereby authorized to establish and administer the account.
SECTION 2. - Severabrlity. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
' decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
1 Change Account Increase—
From $6,000 to $10,000
SECTION 3. - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of August, 2007.
APPROVED: day of August, 2007.
PUBLISHED: day of August, 2007. ,
I hereby certify that this is a true copy of Ordinance No. passed by 1
the city council of the city of Kent, Washington, and approved by the mayor of the
city of Kent as hereon indicated.
'BRENDA JACOBER, CITY CLERK (SEAL)
1
o%O l\Ornmance\cnange mun[Increau-IDOL aoc
t
2 Change Account Increase--
From $6,000 to $10,000
Kent City Council Meeting
Date August 21, 2007
Category Consent Calendar
1. SUBJECT: JDE/PEOPLESOFT SERVER UPGRADES — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign purchase orders and all
necessary contracts acceptable to the City Attorney to Hewlett Packard Corporation in an
amount not to exceed S 130,000 for the purchase of hardware, maintenance agreements and
disc storage for the JDE/PeopleSoft Upgrade project.
The City's general accounting, human resources, procurement, and financial records system,
JDE/PeopleSoft was installed in 2001. With the City's growth and the increased use and
reliance on this system, an upgrade is now needed to maintain an operating version that :s
supported by the vendor, and to keep the operating server hardware current Additionally, disc
storage requirements for the system's database are increasing, and the need for greater disc
storage requires that the City upgrade the attached disc storage for the JDE/PeopleSoft System.
This procurement is being performed under the auspices of the WSCA11 (Western States
Contracting Alliance) with which the City has existing interlocal purchasing agreements
Funds for this procurement have been planned as a portion of the budgeted upgrade project.
3. EXHIBITS: Product price quotation from Hewlett Packard
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure? $130,000 Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6H
MSA 1500 SAN configured for redundancy Can purchase as an option Secure Path
Software from HP or employ MPIO.
Customer provides their own Fibre cables.
For future reference, a second MSA 30 drive enclosure can be added and would require
adding (2) additional SCSI I/O modules.
[h1v
I n v e n t
ONLINE PRICE QUOTATION
Quote Number: 1350998 Quote Name:
Today's Date 7/16/2007 5 42 56 PM Quote Created Date 711 6/2007 5 04 16 PM
Created By bonniea@unisoftnetworks com Contract WA-STATE OF WASHINGTON (WSCAII) (
A63309-VVA)
Product availability and product discontinuation are subject to change without notice The prices in this
quotation are valid for 30 days from quote date above Please include the quote number and contract from this
quote on the corresponding purchase order.
Use the File-Print opt on to punt tnis form f r your future reference
HP StorageWorks Modular Smart Array 1500 Base $4,719 00 1 $4,719 00
HP StorageWorks 1500cs Modular Smart Array AA986A
Total drives
96
Maximum storage
64TB
1 Expansion
MSA30, MSA20
Host interface
2Gb/1 Gb FC
Drive interface
SCSI/SATA
Drive form factor
35in
Modular SAN array controller(Second Controller) 218231-B22 $3,199 00 1 $3,199 00
MSA1500 cs Fibre Channel 1/0 module (second AA987A $300 00 1 $300 00
module)
256MB Cache for standard storage controller 254786-B21 $465 00 2 $930 00
(1X256MB) module
' MSA1500 Dual channel SCSI I/O module(second AA988A $420 00 1 $420 00
module)
HP StorageWorks MSA30 dual bus enclosure 302970-621 $1,799 00 1 $1,799.00
HP StorageWorks 4/8 SAN switch -8 port 4Gb/s A8000A#ABA $3,999 00 2 $7,998 00
switch with full fabric
HP 300GB Pluggable Ultra320 SCSI 15,000 rpm(1") 411089-1322 $783 00 14 $10,962 00
Universal Hard Drive
HP 4GbSW Single Pack SFP Transceiver A7446B $159 00 16 $2,544 00
HP 4GbSW Single Pack SFP Transceiver
VT�a 'rAV
HP 5y 4h 24x7 w/DMR MSA1500 HW Supp UG721E $3.733 00 1 $3,733 00
HP 5y 4n 24x7 wirDMR rVISA1500 HW Supp
*,�Y,;'=" „-m.«�*-r"`."^ keg .x`' � 'a �e'.^1»�v`i-Y" ". �"�"K.._ _
w's-;n.;; ,,.nc`r�a,<srr „& e, ; `a`TRarY«.. ^"`a &.'�'-aa '� a;�1"'tt''si�-
HP CPe 5Y 4H 24x7 Brocade/Entry Switch U9405E $1,284 00 2 $2,568 00
HP CPe 5Y 4H 24x7 Brocade/Entry Switch
Installation and Startup UA868E $2,905 00 1 $2,905 00
Installation and Startup
HP 5Y 4H 24x7 MSA30120 support UC709E $2,411 00 1 $2,411 00
HP 5Y 4H 24x7 MSA30/20 support
Subtotal: $44,488.00 l
The terms and conditions of the WA-STATE OF WASHINGTON (WSCAII)will apply to any order placed as a
result of this inquiry, no other terms or conditions shall apply
i
i
i
1
i
i
Please make the P O. out to Hewlett-Packard under the WSCA contract and fax the
purchase order to Unisoft Networks 425-968-1001 to process.
Payment will be made to Hewlett-Packard
Hewlett-Packard
P.O Box 101149
Atlanta, GA 31193-1149
Do not send your Purchase Order to this address as it is for payment only.
[h
1 n v a n t
ONLINE PRICE QUOTATION
Quote Number 1357413 Quote Name:
Today's Date 7/23/2007 3 39 30 PM Quote Created Date 7/23/2007 2 19 06 PM
Created By bonniea@unisoftnetworks coin Contract WA- STATE OF WASHINGTON (WSCAII) (
A63309-WA)
Product availability and product discontinuation are subject to change without notice The prices to this
quotation are valid for 30 days from quote date above Please include the quote number and contract from this
quote on the corresponding purchase order.
Use the File-Pnnt option to print this form for your future reference
I Itemsidescription Part no Unit price MY ExtPricz
HP BladeSystem c-Class c7000 Enclosure 3-inch LCD- Base $8,610 00 1 $8,610 00
Three Phase
HP BladeSystem c-Class c7000 Enclosure 412136-B22
Power module
HP 3 Phase Power Module
Power supply
6 HP BladeSystem c7000 Power Supplies
Fan
6 HP BladeSystem c7000 Fans
Management module
HP BLc7000 Management Module
ProLiant Essentials software
16 ICE Licenses-Insight Control Environment
Warranty
Warranty-3 years-parts, labor, onsite-next business
day
' "Note
This product Is pre-configured.Additional options
ship separately
HP 1110Gb Virtual Connect Ethernet Module for c-Class 399593-622 $3,952 00 2 $7,904 00
BladeSystem
HP 4Gb Virtual Connect Fibre Channel Module for c- 409513-B21 $6,588 00 2 $13,176 00
Class BladeSystem
HP Redundant Onboard Administrator Option 412142-B21 $607 00 1 $607 00
HP Active Cool Fan Option Kit 412140-B21 $114 00 4 $456 00
HP Care Pack 5-year,4-Hour, 24x7 c7000 Enclosure UE487E $1,409 00 1 $1,409 00
Hardware Support
HP Care Pack I&S service for HP c-Class BladeSystem UE602E $3,350 00 1 $3,350 00
Infrastructure-electronic
HP 3 year 247 IC E-BL 16-server software support UF536E $1,256 00 1 $1,256 00
HP Startup BladeSystem c-Class Enclosure Network UES03E $2,248 00 1 $2,248 00
Service
HP Startup BladeSystem c-Class Enclosure Network
Service
Subtotal* $39,016.00
The terms and conditions of the WA-STATE OF WASHINGTON (WSCAI I)will apply to any order placed as a '
result of this inquiry, no other terms or conditions shall apply
i
Please make the P O. out to Hewlett-Packard under the WSCA contract and fax the
purchase order to Unisoft Networks 425-968-1001 to process.
Payment will be made to Hewlett-Packard
Hewlett-Packard
P.O Box 101149
Atlanta, GA 31193-1149
Do not send your Purchase Order to this address as it is for payment only.
BLADE SERVERS
I ' (1) BL460c with 12GB and (2) 72GB drives
/b (4) BL460c with 8GB and (2) 146GB drives
r(2) BL460c with 8GB and(2) 72GB drives
(1) BL460c with 4GB and (2) 72GB drives
I[hf
i n v • n f
aONLINE PRICE QUOTATION
Quote Number 1349745 Quote Name•
Today's Date 7/14/2007 4 24 04 PM Quote Created Date 7/14/2007 4 23 26 PM
Created By bonrnea@umsoftnetworks corn Contract WA- STATE OF WASHINGTON (WSCAII) (
A63309-WA)
Product availability and product discontinuation are subject to change without notice. The prices in this
quotation are valid for 30 days from quote date above Please include the quote number and contract from this
quote on the corresponding purchase order
Use the Fie-Pnnt option to print this form for your future reference
ltems/clescrlpt�ion
-Configurable-HP ProLiant 1BL460c server blade Base $6,731 01 1 $6,731 01
HP ProLiant BL460c server blade 404667-B21
Dual Core Intel®Xeon®5160 (3 OOGHz, 1333 FSB) 416660-L21
Processor
Dual Core Intel®Xeon®5160 (3 OOGHz, 1333 FSB) 416660-1321
Processor
HP 12GB Fully Buffered DIMM PC2-5300 6X2GB 397413-12G
Memory
1 Storage controller
Smart Array E200i SAS RAID Controller
HP 72GB Hot Plug 2 5 SAS 15,000 rpm Hard Drive 431935.621
HP 72GB Hot Plug 2 5 SAS 15,000 rpm Hard Drive 431935-1321
RAID 1 drive set(requires matching 2 hard drives) 339778-621
Network card
2 Integrated Gigabit Ethernet NIC ports plus (1)
additional 10l100 NIC dedicated to iLO 2 Management
128MB BBWC (Battery-Backed Write Cache) Enabler 351580-621
(for SA641, SA642 and E200)
QLogic QMH2462 4Gb FC HBA for HP c-Class 403619-1321
BladeSystem
Server management
Integrated Lights-Out(iLO2) Management(integrated on
motherboard)
HP Care Pack 5-year,4-Hour, 24x7 c-Class Server UE467E $703 00 1 $703 00 ,
Blade Hardware Support- electronic
M".�'.�
-Configurable-HP ProLiant BL460c server blade Base $5,783 01 4 $23,132 04
HP ProLiant BL460c server blade 404667-621 /
Dual Core Intel®Xeon®5160 (3 OOGHz, 1333 FSB) 416660-L21 !( �(vG-
Processor
Dual Core Intel®Xeon®5160 (3 OOGHz, 1333 FSB) 416660-B21
Processor
HP 8GB Fully Buffered DIMM PC2-5300 4X2GB Memory 397413-8GB
Storage controller
Smart Array E200i SAS RAID Controller
HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-B21
HP 146GB Hot Plug 2 5 SAS 10,000 rpm Hard Drive 431958-1321
RAID 1 drive set(requires matching 2 hard drives) 339778-B21
Network card
2 Integrated Gigabit Ethernet NIC ports plus(1)
additional 101100 NIC dedicated to iLO 2 Management
128MB BBWC (Battery-Backed Write Cache) Enabler 351580-1321
(for SA641, SA642 and E200)
QLogic QMH2462 4Gb FC HBA for HP c-Class 403619-B21
BladeSystem
Server management
Integrated Lights-Out(iL02)Management(integrated on
motherboard)
HP Care Pack 5-year, 4-Hour, 24x7 c-Class Server UE467E $703 00 $2,812 00
Blade Hardware Support-electronic f
;� �.::���: a :w:T�°=;�i`.'. �£ s'.,� .��,.� .;•,n'�akE �-�„ '.�w �-" :;.� `°�N .��„�„�:ciu ' �` .��»��ls
-Configurable- HP ProLiant BL460c server blade Base $5,927 01 2 $11,854 02
HP ProLiant BL460c server blade 404667-B21
Dual Core Intel®Xeon®5160(3 OOGHz, 1333 FSB) 416660-1-21
Processor
Dual Core Intel®Xeon®5160(3 OOGHz, 1333 FSB) 416660-621
Processor
HP 8GB Fully Buffered DIMM PC2-5300 4X2GB Memory 397413-8GB
Storage controller
Smart Array E200i SAS RAID Controller
HP 72GB Hot Plug 2 5 SAS 15,000 rpm Hard Drive 431935-B21
HP 72GB Hot Plug 2 5 SAS 15,000 rpm Hard Drive 431935-B21
RAID 1 drive set(requires matching 2 hard drives) 339778-B21
Network card
2 Integrated Gigabit Ethernet NIC ports plus(1)
additional 101100 NIC dedicated to iLO 2 Management
128MB BBWC (Battery-Backed Write Cache) Enabler 35 1 580-6 21
(for SA641, SA642 and E200)
QLogic QMH2462 4Gb FC HBA for HP c-Class 403619-1321
BladeSystem
Server management
Integrated Lights-Out(iLO2) Management(integrated on
motherboard)
HP Care Pack 5-year,4-Hour,24x7 c-Class Server UE467E $703 00 2 $1,406 00
Blade Hardware Support-electronic
s ''
-Configurable-HP ProLiant BL460c server blade Base $4,924 01 1 $4,924 01
HP ProLiant BL460c server blade 404667-B21
Dual Core Intel®Xeon®5160(3 OOGHz, 1333 FSB) 416660-L21
Processor
Dual Core Intel®Xeon®5160(3 OOGHz, 1333 FSB) 416660-821
Processor
HP 4GB Fully Buffered DIMM PC2-5300 2X2GB Memory 397413-B21
Storage controller
Smart Array E200i SAS RAID Controller
HP 72GB Hot Plug 2 5 SAS 15,000 rpm Hard Drive 431935-B21
HP 72GB Hot Plug 2 5 SAS 15,000 rpm Hard Drive 431935-1321
RAID 1 drive set(requires matching 2 hard drives) 339778-B21
Network card
2 Integrated Gigabit Ethernet NIC ports plus (1)
additional 101100 NIC dedicated to iLO 2 Management
128MB BBWC (Battery-Backed Write Cache) Enabler 351 5 8 0-6 21
(for SA641, SA642 and E200)
QLogic QMH2462 4Gb FC HBA for HP c-Class 403619-B21
BladeSystem
Server management
Integrated Lights-Out(iLO2) Management(integrated on
motherboard)
HP Care Pack 5-year,4-Hour, 24x7 c-Class Server UE467E $703 00 1 $703 00
Blade Hardware Support-electronic
Subtotal- $52,265.08
Y 0 G'M a
The terms and conditions of the WA-STATE OF WASHINGTON (WSCAII)will apply to any order placed as a
result of this inquiry, no other terms or conditions shall apply
Kent City Council Meeting
Date August 21, 2007
Category Consent Calendar
1. SUBJECT: TOWN SQUARE PLAZA CONSTRUCTION INSPECTION
AGREEMENT — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with SB
& Associates, Inc. for construction inspection of Town Square Plaza for the amount of
$61,340.00, upon terms and conditions approved by the City Attorney.
SB & Associates was chosen from the City's RFQ roster because of its familiarity with
City design standards/construction techniques. Its work on previous City projects
include: Arbor Heights 360 Skatepark, Service Club Ball Fields, 132nd St
Neighborhood Park and Wilson Playfields, making it an ideal choice to complete the
construction inspection for Town Square Plaza.
3. EXHIBITS: draft agreement
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditures N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 61
I
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
SB&A & Associates, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington, municipal corporation
(hereinafter the "City"), and SB&A & Associates, Inc., organized under the laws of the State of Washington,
located and doing business at 1148 NW Leary Way Seattle, Washington 98107. Telephone: (206)789-2133.
Fax: (206) 789-2186 (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.
Construction Administration Services for Town Square Plaza deseii>aed in Exhibit A, attached and incorporated
by this reference
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are perfonned.
IL TIME OF COMPLETION. The parties agree that work will begun on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by December 31, 2007
III. i!COMPENSATION.
'
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed sixty
one thousand, three hundred forty and no/100 ($61,340.00) for the services described in this
Agreement This is the maximum amount to be paid under this Agreement for the work
described in Section l above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed supplemental agreement The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
SB&A Agreement for Town Square Plaza Page 1
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute In that event, the parties will immediately make every
effort to settle the disputed portion
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement After termination, the City may take possession of all records anti'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- ri ployees 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 disabihty,-discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work;file the attached Complidnee Statement
°wa
VII. INDEMNIFICATION. Consultant.;shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all'cla'ms, 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 acceptat 'e of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification,;;,!,,;,,,-,
;���4� MIN
Should a court 'cl petent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION 'PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference.
SB&A Agreement for Town Square Plaza Page 2
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant Consultant shall make such data, documents, and files available to the City upon the City's request
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be 'subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK&,<_Consultant shall take all necessary
precautions and shall be responsible for the safety of its 'employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3 86'6 ''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-Waivet''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.
�rdlli ,,
C. Resolution o Disputes",Ai'itl, Governing Law This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
ID. 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 niailing 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
SB&A Agreement for Town Square Plaza Page 3
E. Assignment Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall 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„"kr'eement, 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: ;i CITY OF KENT:
By: By:
(signature);"' (signature)
Print Name: ?tint Name Suzette Cooke
Its Its Mayor
(Title) (Tale)
DATE. c ,''' i'i';;;r; DATE-
it
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT: r
Perry Brooks
SB&A & Associates, Inc. City of Kent
1148 NW Leary Way 220 Fourth Avenue South
Seattle, Washington 98167,;, Kent, WA 98032
206-789-2133 (telephone)
206-789-2186 (facsimile) (253) 856-5110 (telephone)
(253) 856-6050 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
SB&A Agreement for Town Square Plaza Page 4
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City_ deems,necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
1 The questions are as follows•
1. I have read the attached City of Kent administrative policy nu er 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
�t44
4. During the time of the Agreement-I, the prime coillractor, will actively consider hiring and promotion of
women and minorities
5. Before acceptance of this Agreerrieht;''an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above
By signing'below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200_
By:
For-
Title:
Date:
EEO COMPLIANCE DOCUMENTS- I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE- January 1, 1998
m
SUBJECT: MINORITY AND WOMEN SLI�ERSI?DVS, April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY-
Equal employment opportunity requirements for the City'-of'ICent 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,indicting commitment as an equal
opportunity employer
2. Actively consider for promotion and advancement�v'ailabl'e' nonties 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 he 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
,i familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by' ' ie Contractor awarded the
IMP
Agreement. l"'
!'lam
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company wail i the prime contr�6tor for the Agreement
known as that was entered into on the (date) ,
1 between the firm I represent and the City of Kent.
ki
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
ci
T
Dated this day of!!! 200By- Ilk
For.
Title:
Date:
dill"
EEO COMPLIANCE DOCUMENTS-3
Kent City Council Meeting
Date Aw4ust 21, 2007
Category Consent Calendar
1. SUBJECT: NIGHT COURT SUPPLEMENTAL BUDGET APPROPRIATION —
APPROVE
1 2. SUMMARY STATEMENT: Approve the supplemental budget appropriation of up
to $9,328 for the period October— December 2007 to fund night court sessions.
A significant increase in criminal filings has created a need for additional criminal
calendars. Moving non-criminal Pre-Hearing Conference calendars to an evening
calendar will allow the addition of 4 to 5 criminal calendars each month during regular
court hours. These evening calendars would be held on Wednesday and the court
would remain open to the public until 7:00 p.m In addition to the night court calendar,
members of the public would be able to access the court to schedule court hearings,
clear bench warrants, make fine payments, and seek protection orders during the
extended hours.
3. EXHIBITS: 2007 Program Change Form and Night Court costs
4. RECOMMENDED BY: Operations
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? $9,328 Revenue?
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund General Amount $9,328.00
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION.
Council Agenda
Item No. 6J
CITY OF KENT, WASHINGTON
FISCAL ANALYSIS
2007 PROGRAM CHANGES
10001340 61500 1290
BUSINESS UNIT OBJECT SUBSIDIARY
PROPOSED ITEM/TITLE NIGHT COURT
WHAT IS NEEDED TO ACCOMPLISH OBJECTIVE?
Over time for court employees $9,328
PROPOSAL
We are proposing to move Infraction Pre-Hearing Conference (PHC) cases to an evening
calendar Prosecutor and public defenders do not appear for these calendars, however it will
increase the calendars they are required to appear at during normal court hours
Criminal filings through June 2007 have increased 37% over the same period in 2006 and
58% higher for the same period in 2005 This increase in criminal filings has lead to a need for
additional criminal calendars
Night Court would allow the court to add 4-5 additional criminal calendars each month during
regular court hours
2005 2006 2007
Actual Actual Projection
DUI Violations 320 282 458
Criminal Traffic 884 1,624 1,968
Criminal Non-Traffic 2,094 2,187 2,542
OPTIONS, ALTERNATIVES AND CONSEQUENCES IF UNAPPROVED
1 Use Council Chambers at City Hall for court hearings.
Need additional court staff and security
Scheduling conflicts with council chambers
Confusion / additional notification to parties regarding off-site location
Security issues regarding transport of files to off-site location
2. Rent Space:
Cost for lease/rent
Remodel costs (furniture, computers, phones)
Need additional court staff and security
Cost for additional metal detector
Confusion /additional notification to parties regarding off-site location
Security issues regarding transport of files to off-site location
3. Add Courtroom to the jail immediately (within next 12 months)
Does not help with immediate 2007 need
Need additional court staff
PROPOSED FUNDING SOURCES
• General Fund
i
i
Night Court Costs
Hours 4 30pm-8 OOpm (3 1/2 hours)
Hourly Rate Cost Per Calendar
2 Security Officers
Over time (regular part-time) 4000 14000
Temporary security officer 2700 9500
3 Court Staff
Overtime for court clerk 3500 12300
Overtime for 2 lead clerks 4000 x 2 28000
ProTem Judge Costs 60 21000
Total cost per calendar $848 00
2007 Costs
October — 5 calendars
November — 3 calendars
December — 3 calendars
Total for 2007 (11 calendars x $848.00) $9,328
2008 Budget:
To continue with these same calendars in 2008 the estimate is $40,704
(+ COLA)
There has been discussion to add an additional calendar to night court for 2008.
This would increase the request for 2008 to include 1 more court staff and 1
more protem/magistrate per calendar This would have an added cost of $350
per calendar for total annual amount of $57,504 (+ COLA) for 2008
Kent City Council Meeting
Date August 21, 2007
Category Consent Calendar
1. SUBJECT: SE 256TH STREET IMPROVEMENT PROJECT AGREEMENT—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Transportation
Improvement Board "Fuel Tax Grant Distribution Agreement" and "Project Funding
Status Form" for the SE 256`h Street Improvement Project establish a budget for the
same, and direct staff to spend the money accordingly
3. EXHIBITS: Public Works Committee memorandum and TIP Fuel Tax Grant
Distribution Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure`? X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6K
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 6, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 6, 2007
From: Mark Howlett, Design Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: SE 256th Street Improvement Project
ITEM 2
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend authorizing the Mayor to sign the Transportation Improvement Board
"Fuel Tax Grant Distribution Agreement" and "Project Funding Status Form" for the
SE 256th Street Improvement Project and authorize the establishment of the budget
for same along with directing staff to spend the money accordingly.
Will document be required?
❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: The City's SE 256th Street Improvement Project will widen SE 2561h Street
to a 3 or 5 lane roadway section between Kent Kangley Rd. and 1161h Avenue SE. This project will
J� also construct new curb, gutter and sidewalk and provide storm drainage improvements and under
grounding of the overhead utilities.
The Transportation Improvement Board selected this project to receive $2,000,000 in funding
through its Urban Corridor Program.
Summary: This grant agreement, in the amount of $2,000,000 is for the design, right-of-way and
construction phases of the City's SE 256th Street Improvement Project. In order to be reimbursed by
the TIB for project expenses, the City must accept the grant by signing the "Fuel Tax Grant
Distribution Agreement" and the "Project Funding Status Form".
Recommendations: Recommend authorizing the Mayor to sign the Transportation Improvement
Board "Fuel Tax Grant Distribution Agreement" and the "Project Funding Status Form" for the SE
256th Street Improvement Project and authorize the establishment of the budget for same along
with directing staff to spend the money accordingly.
P lftblwUdmmSup%Bed IPWC.,mataUa,M,Pnge do
....:
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
LEA^ AGENCY: KENT
PROJECT NUMBER: 8-1-106(029)-1
PROJECT TITLE. SE 256th Street
PROJECT TERMINI: Kent Kangley Rd (SR 516) to 116th Ave SE
1 0 PURPOSE
The Washington State Transportation Improvement Board (hereinafter referred to as"TIB")
hereby grants funds for the protect specified in the attached documents, and as may be
subsequently amended, subject to the terms contained herein It is the Intent of the parties, TIB
and the grant recipient, that this Agreement shall govern the use and distribution of the grant
funds through all phases of the project. Accordingly, the project specific information shall be
contained in the attachments hereto and incorporated herein, as the project progresses through
each phase.
This Agreement,together with the attachments hereto, the provisions of chapter 47.26 Revised
Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB
Policies, constitutes the entire agreement between the parties and supercedes all previous
written or oral agreements between the parties.
2.0 PARTIES TO AGREEMENT
The parties to this Agreement are TIB, or Its successor, and the grant recipient, or Its successor,
as specified in the attachments
3.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TO and shall continue through completion
of each phase of the project, unless terminated sooner as provided herein
4.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties.
5.0 ASSIGNMENT
The grant recipient shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB The grant recipient is deemed to consent
to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute
a waiver of the grant recipient's other rights under this Agreement.
6.0 GOVERNANCE &VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County
TIB Forth 190-500 Page 1 of 3 Rev.2/14/2003
is Washington State Transportation Improvement Board
tf Fuel Tax Grant Distribution Agreement
7 n -r�IM1NA 1r0nl
V ! LI1 Yltl iN 1 1
7 1 UNILATERAL TERMINATION
Either party may terminate this Agreement upon 30 days' prior written notice to the other
party If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs Incurred in accordance with the terms of this Agreement prior to the
effective date of termination.
7 2 TERMINATION BY MUTUAL AGREEMENT
Either party may terminate this contract in whole or in part, at any time, by mutual
agreement with a 30 calendar day written notice from one party to the other.
7.3 TERMINATION FOR CAUSE
In the event TIB determines the grant recipient has failed to comply with the conditions
of this Agreement in a timely manner, TIB has the right to suspend or terminate this
Agreement. TIB shall notify the grant recipient in writing of the need to take corrective
action. If corrective action is not taken within 30 days, the Agreement may be
terminated TIB reserves the right to suspend all or part of the Agreement, withhold
further payments, or prohibit the grant recipient from incurring additional obligations of
funds during the investigation of the alleged compliance breach and pending corrective
action by the grant recipient or a decision by TIB to terminate the Agreement. The grant
recipient shall be liable for damages as authorized by law including, but not limited to,
repayment of misused grant funds. The termination shall be deemed to be a
Termination for Convenience if it is determined that the grant recipient: (1)was not at
fault, or(2)failure to perform was outside of the grant recipient's control, fault or
negligence. The rights and remedies of TIB provided in this Agreement are not
exclusive and are in addition to any other rights and remedies provided by law.
7 4 TERMINATION FOR CONVENIENCE
TO may, by ten (10) days written notice, beginning on the second day after the mailing,
terminate this Agreement, in whole or in part, because federal or state funds are no
longer available for the purpose of meeting TiB's obligations, or for any reason. If this
Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
7.5 TERMINATION PROCEDURE
Upon receipt of notice of termination, the grant recipient shall stop work and/or take such
action as may be directed by TIB.
TIB Forth 190-500 Page 2 of 3 Rev 2/14/2003
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
8.n A\/All ADV ILITY r\C TI❑ CI Iry�SS
V fl V(1,,A,,ABILITY V I I I V 1 V
The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel
Tax collections and existing contractual obligations. The local agency shall submit timely
progress billings as protect costs are incurred to enable accurate budgeting and fund
management Failure to submit timely progress billings may result in delayed payments or the
establishment of a payment schedule.
9.0 ATTACHMENTS
Attachments are incorporated into this agreement with subsequent amendments as needed.
Approved as to Form
This 14th Day of February, 2003
Rob McKenna
Attorney General
By.
Signature on file
Elizabeth Lagerberg
Assistant Attorney General
Lead Agency Transportation Improvement Board
Signature of Chairman/Mayor Date Executive Director Date
Pnnt Name Print Name
s
TO Form 190-500 Page 3 of 3 Rev.2/14/2003
i
Transportation Improvement Board
f .' Project Funding Status Form
Agency K E N T TIB Project Number- 8-1-106(029)-1
Protect Name SE 256th Street
Kent Kangley Rd (SR 516) to 116th Ave SE
Verify the information below and revise if necessary
Return to.
Transportation Improvement Board
PO Box 40901
Olympia,WA 98504-0901
PROJECT SCHEDULE
Date Shown on Revised Dates
Application
Construction Approval Date
Contract Bid Award Mar 2008
Contract Completion Dec 2008
PROJECT FUNDING PARTNERS
List additional funding partners and amount
Funding Partners Amount Revised Funding
KENT 1,150,400
W SDOT 0
Federal Funds 0
Local Improvement District 700,000
TOTAL LOCAL FUNDS 1,850,400
Both agency officials must sign the form before returning it to the TIB office.
Mayor or Public Works Director
Signature Date
Printed or Typed Name Title
Financial Officer
Signature Date
Printed or Typed Name Title
T18 Funding Status Report
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Kent City Council Meeting
Date August 21, 2007
Category Consent Calendar
1. SUBJECT: SURPLUS VEHICLE AND EQUIPMENT DISPOSAL—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Public Works Department to dispose of
nine vehicles, seven mowers, one snow plow, and one trailer which are surplus to the
City's need This equipment complies with current replacement policy guidelines and
has already been replaced. The equipment will be sold at auction or to smaller cities or
agencies at its fair market value.
3. EXHIBITS: Public Works memorandum
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? _ Revenue? X
Currently in the Budget? Yes No X
If no.
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue: Fund Amount S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
1 DISCUSSION:
ACTION:
Council Agenda
Item No. 6L
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
KENT Fax: 253-856-6500
WASHINGTO.
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: 7/31/2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date. August 6, 2007
From: Ron Green, Fleet Manager
Don Millett, Operations Manager
Through: Larry Blanchard, Public Works Director
Subject: Vehicle and Equipment Surplus
ITEM 3
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend to authorize staff to appropriately dispose of the equipment as described
in this memorandum and listed below.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History:
VEHICLE/EQUIPMENT LIST:
3825=04 Ford mileage 59881 Totaled in auto accident
3882B-106 Ford mileage 5874 Totaled in auto accident
1 3891-'03 Ford mileage 82311 Vehicle meets City criteria for surplus and maintenance
costs are increasing
5333-`00 1 Deere Hours 1419 Meets City surplus criteria
5344=91 Flink (snow plow) Plow meets City surplus criteria is outdated and extremely
heavy
Page 1 of 2
U IPWCommitteeWctionPagek20071PWC080607 doc
VEHICLE/EQUIPMENT LIST CONTINUED:
5367-100 3 Deere Hours 932 Meets City surplus criteria
5797-102 3 Deere Hours 882 Meets City surplus criteria but will be retained for Golf Dept
6301-'02 Xmark Hours 559 Meets City surplus criteria and maintenance costs are high
6505-'90 Chevrolet mileage 40873 Meets City surplus criteria and engine has a blown head
gasket plus has excessive oil leaks
6538=96 Toro Hours 1294 Meets City surplus criteria but will be retained for Golf Dept
6567-197 3 Deere Hours 2533 Meets City surplus criteria
7631=99 GMC mileage 72406 Meets City surplus criteria
8737-'90 Ford mileage 81045 Meets City surplus criteria and is excessively underpowered for
current operations
8757-'91 Dodge mileage 56847 Meets City surplus criteria and maintenance costs are
increasing
8760=88 Chevrolet mileage 59426 Meets City surplus criteria and is no longer a usable vehicle for
our customers
9957-'85 Chevrolet Police
Suburban Was a seized vehicle in 1995 and used for Police Dept SRT
usage. Vehicle age and costs are prohibitive and not
justified due to lack of vehicle usage and age.
Old Fire Trailer Old and unusable scrap trailer.
Alamo Rotary Head Mower
Mod # MR60 S/n 02035 Head was purchased per our customer but head did not
meet needs of the customer. Currently this Head does not
fit any of our existing machines. We are helping them to
surplus this unit.
Summary:
The listed vehicles/equipment complies with current replacement policy guidelines and has been
replaced. The equipment will be sold at auction or smaller cities and agencies as needed.
Recommendations:
Recommend that the City Council authorize staff to appropriately dispose of the vehicles and
equipment as described in this memorandum and listed above.
Page 2 of 2
U IPWComm7[teeochonPage120071PwC080607doc
Kent City Council Meeting
Date August 21, 2007
Category Consent Calendar
1. SUBJECT: TRANSIT SERVICE AGREEMENT AMENDMENT NO. 2 —
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 2 to
the Transit Service Agreement (Route 918) between the City of Kent and King County,
upon concurrence of the language therein by the City Attorney and Public Works
Director
This Amendment extends the current Agreement for another year, from February 2008
until February 2009 It also specifies the operating costs for which the City will
compensate the County during this period.
3 EXHIBITS: Public Works memorandum and Transit Service Agreement (Route
918) Amendment No 2
4. RECONIMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6M
1
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
KEN T Phone: 253-856-5500
Was„INGTONI Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 31, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date, August 6, 2007
From: Cathy Mooney, Senior Transportation Planner
Through: Larry Blanchard, Public Works Director
Subject: Amendment No. 2 to Transit Service Agreement (Route 918) with King
County Metro Transit
ITEM 4
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend Council authorize the Mayor to sign Amendment No. 2 to Transit
Service Agreement (Route 918) between the City of Kent and King County, upon
concurrence of the language therein by the City Attorney and Public Works
Director.
Will document be required?
❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: Better known as the Kent Commuter Shuttle, this route was started in
February 2003, after unsuccessful efforts to convince King County Metro to provide such service.
We finally were awarded a Federal ITS Grant with the help of Senator Patty Murray to get this off
the ground with the inauguration of the Sounder Commuter Rail Service. At the same time, King
County Councilmember Julia Patterson was instrumental in convincing Metro to use a Federal
CMAQ grant for funding for the first two years of this demonstration program. Our ITS grant
took over in year three and is the funding source at this time.
iThe Kent Commuter Shuttle meets each Sounder commuter train in the morning and afternoon.
Commuters depart from the train or from express buses at the Kent Transit Center, get on the
Commuter Shuttle, and ride to their workplace in the valley. In the afternoon, the shuttle picks
up commuters at or near their worksites and returns them to the Kent Transit Center to transfer
to their bus or train for the ride home.
There are currently four trips in the morning and again in the afternoon but this is expected to
change to six in September 2007 Sound Transit expects to add an earlier northbound train to its
existing schedule and will finally add the long anticipated southbound train from Seattle to
Tacoma in the morning; returning to Seattle in the afternoon.
Page 1 of 2
U 1PWCommlttee12007vctionPagelPWC080607 doc
These two new trains add 254 transit service hours to this Agreement for a total of 1,515
estimated transit service hours. The driver contract renewal does not coincide with the Sound
Transit train addition so the conversion is not straightforward. Nor do we know the exact timing
of new trains being added to the Sound Transit schedule. The cost for February 2008 to February
2009 is estimated to be approximately $87,158. This cost will be fully funded by the Federal ITS
Intracity Transit Grant.
Summary: This Amendment extends the current Agreement for another year, from February
2008 until February 2009. It also specifies the operating costs for which the City will compensate
the County during this period.
Recommendations: Recommend Council authorize the Mayor to sign Amendment No. 2 to !
Transit Service Agreement (Route 918) between the City of Kent and King County, upon
concurrence of the language therein by the City Attorney and Public Works Director.
Page 2 of 2
U IPWCommitteek20o71ActionPagelPWC080607doc
TRANSIT SERVICE AGREEMENT
(ROUTE 918 )
AMENDMENT NO. 2
This Amendment to the Transit Service Agreement for Route 918 ("Amendment") is executed
as of , 2007 by and between the City of Kent (hereinafter referred to as the "City")
and King County, (hereinafter referred to as the "County")
Background
A. Effective November 15, 2005, the City and the County entered into a Transit Service Agreement
for the Kent Shuttle- Route 918 ("Agreement")for the provision of DART service on Route
918 in Kent
B Effective January 2007, the City and the County executed Amendment No. 1 extending the
Agreement to February 8, 2008, revising the level of service and updating the hourly rate
B The City and County desire to enter into this Amendment to reflect changes in the
Agreement
Agreements
The City and the County hereby agree that the Transit Service Agreement cited above is amended
as hereinafter set forth
1. SECTION 6-TERM
The term of this Agreement is extended to February 6, 2009
2. SECTION 7.1 -CONSIDERATION
Replace Section 7 1 with the following
In return for providing the Route 918 DART service specified in Attachment A, the City will
compensate the County for the operating costs based on the following hourly rate
Hourly Rate— DART Vehicles
Feb 06— May 06 $51.30
June 06— Feb 07 $53.35
March 07— May 07 $54.36
June 07— Feb 08 $55.71
March 08— Feb 09 $57.53
3. SECTION 7.2-CONSIDERATION
Replace Section 7 2 with the following.
The Route 918 will operate the following service hours unless otherwise revised by agreement of
both parties
Amendment No 2 1
' !i3liijllM » »»,ii' Iii!I,t:^a;
SERVICE HOURS - February 13, 2006—'September 22, 2006
Daily Hours 46
SERVICE HOURS - September 23, 2006—February 9, 2007
Daily Hours 497
Feb 06— Feb 07
Est Annual Hours 1,190
SERVICE HOURS February 10,2007—September 21, 2007
Daily Hours 497
i,W„'
SERVICE HOURS - September 22, 2007—February 6, 2009
Daily Hours 1 5.97
4. NO MODIFICATIONS Except as expressly amended by this Amendment, the Agreement remains in
full force and effect
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No 2 to the Transit Service
Agreement for Route 918 as of the date set forth below its signature
CITY OF KENT KING COUNTY
Signature Signature
Title Title
Date Date
Approved as to form:
Signature
Name
Title
Amendment No 2 2
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King County
Kent City Council Meeting
Date August 21, 2007
Category Consent Calendar
1. SUBJECT: LOWER GREEN RIVER PROPERTY ACQUISITION—
AUTHORIZE
2. SUMMARY STATEMENT: Accept grants from the Salmon Recovery Funding
Board and the King County Conservation Futures Grant Program, authorize the funds,
together with $180,000 in City matching funds, be used to acquire property necessary
for the enhancement of the Lower Green River, ratify all prior acts of the City related to
the funds, and authorize the mayor to sign the associated grant and purchase
agreements.
The City, as the successful recipient of a Salmon Recovery Funding Board Grant for
Lower Green River Acquisition, is in the process of transferring the grant funding
originally acquired to purchase the Rosso Nursery. The City has also applied for and
was recommended to receive a grant from the King County Conservation Futures Grant
Program for this project. Authorization is requested for the mayor to accept these funds
from King County and sign the grant agreement should it be awarded to the City.
3. EXHIBITS: Public Works memorandum, vicinity map and agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenues X
Currently in the Budget? Yes Unknown No Unknown
If no:
' Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6N
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone• 253-856-5500
KEN T Fax: 253-856-6500
W>i HINGTON
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
Date: 3uly 30 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 6, 2007
From: Michael Mactutis, P.E., Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Lower Green River Property Acquisition
Item 5
Motion: ■ Required ❑ Not Required ❑ For Information Only
Move to recommend authorizing the purchase of the properties known as the
Desimone Property, the Flowers Property, and the Koch Property in part with grant
funds from the Salmon Recovery Funding Board for Lower Green River Acquisition as
well as grant funds from the King County Conservation Futures Grant Program.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: The City, through the Water Resource Inventory Area 9 Steering
Committee and Forum, and in partnership with King County and the Green River Flood Control
District, successfully applied for a Salmon Recovery Funding Board Grant for $975,000 in 2003.
The City is to provide $180,000 match funding with King County and the Green River Flood Control
District providing $25,000 each as well This grant was dedicated to the purchase of the Rosso
Nursery, which was actively for sale at the time The City, after much time and effort, was
ultimately unsuccessful in negotiating a price for the Rosso Nursery and afterward the Tuefel
Nursery, which ended up purchasing the Rosso Nursery properties in Kent.
Consequently, the City is in the process of gaining approval from the Salmon Recovery Funding
Board to transfer the grant to other properties along the Lower Green River. The alternate
properties are located south and east of the Old Fishing Hole along Frager Road and will provide a
significant opportunity for a long reach of salmon habitat restoration projects The properties could
be used to provide areas for new floodplain habitat and back channels, which will provide refuge
and summer rearing areas for all of the species of salmonids which live in the Lower Green.
The Koch Property, also located along the Lower Green just upstream from the other properties, is
currently in the process of being acquired by the City Parks Department through separate grants.
Page 1 of 2
PW.bl,,Adm,nSup,BelhlPWCwmm,flee'4,t, rPogeduc
This grant would complete the funding needed to purchase that property. The riverbank area of
this property would be dedicated to salmon habitat protection and restoration.
The nature of this Salmon Recovery Funding Board Grant is such that these property acquisitions
are not subject to imminent domain.
Summary: The City, as the successful recipient of a Salmon Recovery Funding Board Grant for
Lower Green River Acquisition, is in the process of transferring the grant funding from the Rosso
Properties to the Desimone, Flowers, Lotto and Koch Properties with the intent to purchase those
properties.
Recommendations: Move to recommend authorizing the purchase of the properties known as
the Desimone Property, the Flowers Property, the Lotto Property and the Koch Property with grant
funds from the Salmon Recovery Funding Board for Lower Green River Acquisition as well as grant
funds from the King County Conservation Futures Grant Program.
Page 2 of 2
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CSIMONE PROPERTY-
D pROPOSG
D FOR ACQUISITION
Flower (King County) FLOWTR PROPERTY(RING COUNTY)
e51mone, i PROPOSED FOR ACQUIS"ON
Otto and Koch Property r..... LOTTOPROPCRTY-
i PROPOSED FOR ACQUISITION
1qujsjtion Vicinity 1A �---�KOH PROPER"-
PROOPOSED FOR ACQUISITION
PUBLICLY OWNED
i-"'"- FUTURE RESTORATION PROJECT
TO BC DEDICATED TO TFIC CITY
• --�^�'{ FUTURC ACQUISITION
[CENT
W A 5 H I N O
Salmon Project Agreement
Salmon Funding Accounts
Project Sponsor: City of Kent Project Number: 02-1601A
Project Title: Lower Green River Acquisition Approval Date: 5/2/2003
A. PARTIES OF THE AGREEMENT
This Project Grant Agreement(Agreement)is entered into between the Saimon Recovery Funding Board(SRFB),P O
Box 40917 Olympia,Washington 98504-0917 and City of Kent, 220 Fourth Ave S,Kent,WA 98032-5895(Sponsor)
and shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the
State of Washington's General Fund The grant is administered by the SRFB to the Sponsor for the project named
above
C. DESCRIPTION OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERMOFAGREEMENT
The Project Sponsors on-going obligation for the above project funded under this Agreement is to provide
maintenance of the site or facility to serve the purpose for which it was intended in perpetuity unless otherwise
identified in this Agreement
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on July 11, 2003 and end on November 21,2003 No expenditure
made before or after this period is eligible for reimbursement unless incorporated by wntten amendment mto this
Agreement.
F. PROJECT FUNDING
The total grant award provided by the SRFB for this project shall not exceed$975,085.00. The SRFB shall not pay
any amount beyond that approved for funding of the project The Sponsor shall be responsible for all total project
costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as
indicated below-
Percentage Dollar Amount
SRFB -Salmon Federal Projects 80 91% S975,085 00
Project Sponsor 19 09% $230,000 00
Total Project Cost 100 00% $1,205,085 00
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including
the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report,Project Milestones, and the
General Provisions,all of which are attached hereto and incorporated herein
Except as provided herein,no alteration of any of the terms or conditions of this Agreement will be effective unless
provided in writing All such alterations,except those concerning the period of performance,must be signed by both
parties Period of performance extensions need only be signed by IAC's Director
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents
Salmon Project Agreement Salmon Funding Accounts
Chapter 77 85 RCW, Chapter 286 WAC Page 1 of 2
PROJAGRIRPT
H. COMPLIANCE WITHAPPLICASLE STATUTES. RULES AND IAC POLICIES
This Agreement is governed by, and the Sponsor sna'l comply with, all applicable state and federal laws and
regulations, including Chapter 77 85 RCW,Chapter 286 WAC and published agency policies,which are incorporated
herein by this reference as if fully set forth
1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS
(none)
J. FEDERAL FUND INFORMATION
A portion or all of the funds for this project are provided through a federal funding source Funds provided from the US
Dept of Commerce must be reported under CFDA#11 438-Salmon Restoration and Award Number
NA03NMF4380227 for federal fiscal year 2003
As a sub-recipient of the federal funds,you are required to provide the SRFB/IAC with a summary of the federal
expenditures by CFDA#for each year If your total federal expenditures are $300,000 or more in a one-year period,
you are required to have a federal single audit in compliance with OMB Circular A-133
K. PROJECT GRANT AGREEMENT REPRESENTATIVE
All written communications sent to the Sponsor under this Agreement will be addressed and delivered to:
Project Contact SRFBIIAC
Name. William Wolmski Interagency Committee for Outdoor Recreation
Title. Env Engineering Supervisor Natural Resources Building
Address: 220 4th Ave S PO Box 40917
Kent,WA 98032 Olympia, Washington 98504-0917
www wa govhac/salmonmain html
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This agreement,along with all attachments,constitutes the entire agreement of the parties No other understandings,oral or
otherwise, regarding this Agreement shall exist or bind any of the parties
M EFFECTIVE DATE
This agreement,for project#02-16W A, shall be effective upon signing by all parties
STATE OF WASHINGTON
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
ON BEHALF OF SALMON RECOVERY `FUNDING BOARD
BY: �- DATE:
Laura Eckert Johnson, Director
PROJECT SP SOR r/
BY: DATE: / 1
TITLE: JtP'\ TE MA` r�Q
Pre-approved as to form.
BY: /S!
Assistant Atto-ney General
Salmon Project Aoreemenl Salmon Funding Accounts
Chapter 77.85 RCW,Chapter 286 WAC Pace 2 of 2
PROJAGR2 RPT
. �mm,n,��o. Salmon Program
I RMI TION Recovery._� Federal Recove Projects
Post-Evaluation Project Summary
TITLE: Lower Green River Acquisition NUMBER: 02-1601A (Acquisition)
STATUS: Board Funded
SPONSOR: City of Kent EVALUATION SCORE:
BOARD RANKING.
COSTS: SPONSOR MATCH
Salmon Federal Projects $975,085 81% Cash Donations
Local $230,000 19%
Total $1.205,085 100%
DESCRIPTION:
The purpose of this proposal is to acquire the Rosso Nursery, a Lower Green River property that totals 36 7 acres
and 0 92 miles of undeveloped shoreline The site is currently for sale and represents a critical shoreline acquisition
in a portion of the Green-Duwamish River Watershed where open space, undeveloped shoreline, and functioning
salmonid habitat features are scarce
Once acquired, the site would be restored to maximize in-stream, riparian and off-channel habitat for Chinook and
other salmonids. Restoration would include installing multiple side channels with habitat features that are
connected to the Green River main stem as well as in-stream and riparian habitat along the main stem
The proposed Rosso Nursery acquisition complements a multi-jurisdictional vision to protect and restore
functioning riparian habitat along the Lower Green River Various jurisdictions are currently acquiring and/or
restoring key parcels within the Lower Green River sub-watershed and have restored multiple sites in this reach
including several levee setback projects Acquisition of this 36+ acre shoreline property will accomplish the
following (1) protect a large open space property located inside a long meander bend of the Lower Green River, (2)
preserve the future opportunity to restore properly functioning salmonid habitat in a portion of the watershed that
currently lacks such features, and (3)increase habitat connectivity among habitat restoration sites within this reach
of the river.
LOCATION INFORMATION-
On the Green River within the City of Kent.
ST SALMON REGION: Puget Sound Central LEAD ENTITY ORG: King County LE WRIA 9
COUNTY: Kinq WRIA: Green/Duwamish (9)
SCOPE (ELEMENTS):
LAdministrative costs Allowable land costs Incidentals
SALMON INFORMATION. (`indicates primary)
Species Targeted
Bull Trout Cutthroat (Not Warranted (04/99))
Chinook(Listed.Threatened (03/99)1 Pink
Chum (Not Warranted(03/98)) Sockeye
Coho (Candidate (07/95)) Steelhead (Not Warranted (08/96)1
FISCAL YEAR: 2003 DATE PRINTED: June 27.200
1PAPSUM2 RPT Lower Green River Acquisition
(� Imr agrnn
for
WHOM Eligible Reimbursement Activities Report
'=-'� flECREfl110H
Project Sponsor: City of Kent Project Number: D2-1601 A
Project Title: Lower Green River Acquisition IAC Approval: 5/2/2003
Acquisition Items:
Items Elements Unit Quantity Description
Administrative costs
Applicable saxes
Appraisal and review
Closing
Improvements$structures
Land
Other
Recording fees
Title reportsfinsurance
i
1
I
ELIGREIM RPT June 27, 2003 Page 1
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'��� Legal Description
OUTOODfl
%-% RECRERTION
Project Sponsor: City of Kent Project Number: 02-1601 A
Project Title: Lower Green River Acquisition IAC Approval: 05/02/2003
iLegal Description
The legal description of the property purchased with funding assistance provided through this Project Agreement (and
' protected by a recorded Deed-of-Right) shall oe amended into the Protect Agreement prior to reimbursement of the
final rn—Ment.
c
LEGALDSC RPT June 27, 2003 Page 1
� �Lvrv,unrurfo�
!U 11.1 U IN ilestone Report By Project
��RECNCHIINN
Project Number: 02-1601 A
Project Name: Lower Green River Acquisition
Sponsor: Kent City of
IAC Project Manager: Mike Ramsey
X I Milestone Target Date m—f fienIsMised-6--
Project Start 07/11/2003
Order Appraisal/Review 08/29/2003 0713l/03 Appraisal,08/29/03 Review '
Appraisal
Environmental Assess Complete 0812912003 Approx. 1 month to complete
i Purchase Agreement Signed 09/12/2003
Acquisition Closing 09/30/2003
Recorded Documents to IAC 10/18/2003
i Project Complete 1 112 11200 3
Final Docs & Billing to IAC 12119/20,
X= Milestone Complete
i = Critical Milestone
Kent City Council Meeting
Date August 21. 2007
Category Consent Calendar
1. SUBJECT: KING COUNTY AGREEMENT FOR SERVICES, LOWER GREEN
RIVER PROPERTY ACQUISITION PROJECT— AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Agreement for
Services with King County to assist the City in acquiring properties in connection with
the Lower Green River Acquisition Project upon concurrence of the language therein
by the City Attorney and the Public Works Director.
The City, through the Water Resource Inventory Area 9 Steering Committee and
Forum, and in partnership with King County and the Green River Flood Control
District, successfully applied for a $975,000 Salmon Recovery Funding Board Grant in
2003 The City is to provide $180,000 match funding with King County and the Green
River Flood Control District providing $25,000 each. This grant was dedicated to the
purchase of the Rosso Nursery, which was actively for sale at the time. The City, after
much time and effort, was ultimately unsuccessful in negotiating a price for the Rosso
Nursery and afterward the Tuefel Nursery, which ended up purchasing the Rosso
Nursery.
3. EXHIBITS: Public Works memorandum, vicinity map and agreement for services
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner. Commission, etc )
' 5. FISCAL IMPACT
Expenditure" X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION-
ACTION:
Council Agenda
Item No. 60
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone- 253-856-5500
K E N TI Fax: 253-856-6500
WASH IN GTON
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
Date: July 30 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 6, 2007
From: Michael Mactutis, P E., Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: King County Agreement for Services
' Item 6
Motion: ■ Required ❑ Not Required ❑ For Information Only
' Move to recommend authorizing the Mayor to sign the Agreement for Services with
King County to assist the City in acquisition of properties in connection with the Lower
Green River Acquisition Project upon concurrence of the language therein by the City
' Attorney and the Public Works Director.
Will document be required?
❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
' Background/History: The City, through the Water Resource Inventory Area 9 Steering
Committee and Forum, and in partnership with King County and the Green River Flood Control
District, successfully applied for a $975,000 Salmon Recovery Funding Board Grant in 2003. The
' City is to provide $180,000 match funding with King County and the Green River Flood Control
District providing $25,000 each This grant was dedicated to the purchase of the Rosso Nursery,
which was actively for sale at the time. The City, after much time and effort, was ultimately
' unsuccessful in negotiating a price for the Rosso Nursery and afterward the Tuefel Nursery, which
ended up purchasing the Rosso Nursery properties in Kent.
Consequently, the City is in the process of gaining approval from the Salmon Recovery Funding
1 Board to transfer the grant to other properties along the Lower Green River The alternate
properties are located south and east of the Old Fishing Hole along Frager Road and will provide a
significant opportunity for a long reach of salmon habitat restoration projects. The properties could
' be used to provide areas for new floodplain habitat and back channels, which will provide refuge
and summer rearing areas for all of the species of salmonids which live in the Lower Green. One of
the properties known as the Lotto Property has already had discussions with King County staff
' regarding acquisition. The Lotto's are very motivated sellers and have built a level of trust with the
county.
Page t of 2
' U IPWCommnmkompletedCommPW12007MtgPktiPWC0806200I rkc
In the interest of finalizing this transaction quickly and efficiently and taking advantage of the
benefit of King County staff and property owners who have built trust in each other, this agreement
will allow the City to contract with King County to engage in these sensitive property negotiations
Summary: The City is in the process of working with the Salmon Recovery Funding Board to '
transfer a grant from the purchase of the Rosso Properties to other properties, one of which is the
Lotto Property. King County staff has built a level of trust with the Lotto's in past discussions and ,
would be able to aid the City in completing the property transaction.
Recommendations: Move to recommend authorizing the Mayor to execute the Agreement for
Services with King County to assist the City in acquisition of properties in connection with the
Lower Green River Acquisition Project upon concurrence of the language therein by the City
Attorney and the Public Works Director.
Page 2 of 2
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# PROPOSED FDR ACQUlSlT10N
Flower {King County), -. FLowrR PROPCRTy(KINO COUNTY}
esimone, pgOPOSED FOR ACQU1S1T10N
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Otto and Koch Property PROPOSED PROPER
I PROPOSED FOR 4C 4CQUISITION
kquisition V ieinity Nlap FftOPoS DPFDR CQUISITTON
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FUTURE RESTORATION PROICCT
TO BCOCOICATCDTOTHCCITY N.T•S.
MY
• --------I FUTURE ACQUISITION
KENT --
W A S H I N G 7 0 '
AGREEMENT FOR SERVICES
L THIS AGREEMENT made and entered into this day of
2007,by and between the County of King, Washington, a political subdivision
of the State of Washington hereinafter referred to as "County," and the City of Kent, a municipal
corporation, hereinafter referred to as "City "
WITNESSETH
WHEREAS, the City is desirous of contracting with the County for the use of the County's staff
and services necessary to acquire certain real property, and
tWHEREAS, the County is agreeable to providing such services on the terms and conditions
hereinafter set forth and in the mutual covenants and agreements herein contained,
' NOW, THEREFORE, it is covenanted and agreed as follows:
I I The County agrees, by and through its Open Space Section, to provide the
services of appraisal, title and right-of-way personnel to assist the City in its acquisition of properties in
connection with the Lower Green River Acquisition Project as directed by the City Should the City
discontinue the Project at any time, the City shall be responsible to the County for costs incurred to the
date of discontinuance at the rates established herein The County agrees to provide the services
described herein, subject to available resources and consistent with the volume of County service activity
upon receipt of written task assignments from the City The County shall provide to the City an estimate
of the time and cost of services provided Services shall be commenced by the County upon the approval
of said estimate by the City, except that services rendered prior to the date of this agreement do not
require this estimate and approval process
2 The City shall be responsible for making the final decisions to remove any
contingencies that are in favor of the City, to approve the form of deed and any title exceptions, and to
proceed to closing
II. The City shall not be called upon to assume any liability for the direct payment of any
salaries, wages or other benefits to any County employee who is performing services for the City as
provided in this agreement
III Each party to this Agreement agrees to hold harmless and indemnify the other party and
its officers, officials, and employees from any loss, claim, or liability to the extent such loss, claim or
liability arises from the negligent or tortuous actions or inactions of its officers, officials, and employees
carried out in relation to this Agreement In any dispute concerning the performance of this Agreement,
each paity shall pay alll of its own legal costs and attorneys' tees
IV. The County agrees to cover all County employees encompassed by this agreement with
self insurance under the Industrial Insurance Act
V For services rendered, , including services rendered prior to the date of this agreement,
the City agrees to pay the County. within 45 days of being billed by the County
1. An amount equal to the normal hourly salary of the personnel involved for each
hour involved in City work, plus
AGREEMENT FOR SERVICES - 1 OF 2
2 The actual additional costs incurred in the employment of that employee, which
includes paid time off, employee benefits and office administrative expenses
3 The actual total charges (salary and overhead), dependent upon staff members
assigned to project, are as follows (2007 rates)
Title Work $92 40 per hour ,
Appraisal Services $85 73 per hour
Project Management $94 52 per hour
These rates reflect actual 2007 costs. Rates will be adjusted annually in January to reflect '
actual staff and operating expenses
4. Actual costs for other services required to acquire the property.
5. Non-personnel project costs will be charged to the City as services are ,
completed. King County personnel charges shall be billed on a quarterly basis
6 The total cost paid by the City to County shall not exceed $15,000 for the work
and services contemplated in this Agreement
VI. The County, while providing project management services to the City, shall also be
responsible for reporting to the City, on a monthly basis, the progress made toward acquisition of each
parcel identified by the City for acquisition
This Agreement will be effective the day of 2007, and will continue ,
until canceled by either party giving thirty (30) days' written notice to the other party The City of Kent
shall file an original of this Agreement with the Auditor for King County
IN WITNESS WHEREOF, authorizing representatives of the parties hereto have signed their
names in the spaces set forth below
CITY OF KENT KING COUNTY, WASHINGTON ,
BY BY
TITLE TITLE
DATE DATE
APPROVED AS TO FORM: APPROVED AS TO FORM:
BY BY
Assistant City Attorney Deputy Prosecuting Attorney
DATE DATE
AGREEMENT FOR SERVICES-2 OF 2
Kent City Council Meeting
Date August 21, 2007
iCategory Consent Calendar
1. SUBJECT: KENT EVENTS CENTER FLOODPLAIN MITIGATION PROJECT
FUNDS — ACCEPT
2. SUMMARY STATEMENT: Authorize the Mayor to accept $15,000 from the
waste action project and establish a budget to be used for fish and wildlife habitat and
water quality features in the Kent Events Center Floodplain Mitigation Project.
The Waste Action Project, a citizen environmental group, has proposed giving the City
funds to be used specifically for fish and wildlife habitat and water quality projects in
the City of Kent. The City has a number of projects in various stages of planning and
design which include these types of features, including the Kent Events Center
Floodplain Mitigation Project. This project, is located on the Boeing Creek along S.
212" St. and 6"' Ave S , includes excavation of flood plain storage along the channel.
3. EXHIBITS: Public Works memorandum and letter from Greg Wingard, Exec.
Director, Waste Action Project
' 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? _ Revenue? X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6P
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
'goPhone 253-856-5500
KENT Fax, 253-856-6500
w.S H,.�,o„ Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 31, 2007
To- Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 6, 2007
From: Mike Mactutis, Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Acceptance of Funds/Kent Events Center Floodplain Mitigation Project
' ITEM 7
Motion: ■ Required ❑ Not Required ❑ For Information Only
Authorize the Mayor to accept the $15,000 in funds and establish the budget for the
' Waste Action Project to be used for fish and wildlife habitat and water quality
features in the Kent Events Center Floodplain Mitigation Project.
' Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History:
The Waste Action Project, a citizen environmental group, has proposed to give the City funding
to be used specifically for fish and wildlife habitat and water quality projects in the City of Kent.
The City has a number of projects in various stages of planning and design which include these
types of features, including the Kent Events Center Roodplain Mitigation Project. This project,
located on the Boeing Creek along S. 2121h St. and 681h Ave. S., includes excavation of
floodplain storage along the channel. The project would not be required to include additional
features; however, this funding would be able to provide some of those features through the
installation of large woody debris structures along the channel. The woody structures would
provide cover for any fish in the channel and provide some of the essential nutrients in the food
chain for the Coho which live just downstream in Mill Creek.
1 Summary:
The Waste Action Project proposes to give to the City $15,000 in funds to be used to construct
fish and wildlife habitat and water quality features on the Kent Events Center Floodplain
Mitigation Project. The funds will need to be accepted by the City and a budget established to
spend the funds.
Recommendations:
' Authorize the Mayor to accept the $15,000 in funds and establish the budget for the Waste
Action Project to be used for fish and wildlife habitat and water quality features in the Kent
Events Center Floodplain Mitigation Project.
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August 3, 2007
Mr. Michael Mactutis, P.E. #
Environmental Engineering Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
RE: Waste Action Project Donation to City of Kent
Dear Mr. Mactutis:
This will confirm that the offer of the Waste Action Project to donate $15,000.00 to the City for
the purpose of fish and wildlife habitat enhancement for the planned Kent Event Center ,
construction project. Under Washington law, the'City is able to accept donations for purposes
that the City itself can lawfully perform. RCW 35A.11.040.
Of the $15,000 donation, $5,000.00 is a portion of the penalties assessed against Ralcorp
Frozen Bakery Products, Inc. in the Consent Decree to be entered in Cause No. C07-0403]CC in
the United States District Court for the Western District in a citizens' lawsuit brought by Waste
Action Project under the Clean Water Act, 33 U.S.C. § 1252 et. seq. The remaining $10,000.00 ,
is a portion of the agreed upon penalties accepted by my organization in lieu of filing suit under
the Clean Water Act against another entity.
I unfterstand the City of Kent will make every effort to spend the donated monies as Waste
Action Project has directed. In the unlikely event that it becomes impracticable or impossible to
use the funds in the way indicated, they will be refunded to Waste Action Project or dedicated
to another City use, as Waste Action Project so directs.
Thank you for working with Waste Action Project to use this donation for water quality and
habitat improvements in the City of Kent.
Sincerely yours, '
Mr. Greg Wingar
Executive Director, Waste ,fiction Project
cc:
Kent City Council Meeting
Date Aufzust 21, 2007
Category Consent Calendar
1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT—
ACCEPT
2. SUMMARY STATEMENT: The Washington Traffic Safety Commission(WTSC)
has awarded the Kent Police Department a grant in the amount of$65,750 for the Kent
Drinking Driver Countermeasure Program. This award begins July 1, 2007 and ends
June 30, 2009.
' The grant will fund '/2 salary of one co-coordinator, subsistence, and goods and
services A city match of 75% is more than covered through existing budgeted funds.
' This award has been received by the Kent Drinking Driver Task Force for many years.
3. EXHIBITS: Award letter from WTSC dated 7/6/07
4. RECOMMENDED BY: Public Safety Committee 8/14/07
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditures X Revenues X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund N00704------ Amount $65,750 00
Unbudgeted Revenue: Fund N00704 53409 Amount $65,750 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
' Item No 6Q
POLICE DEPARTMENT
Steve Strachan, Chief of Police
• Phone 253-856-5888
Fax 253-856-6802
K E N T
WASHINGTON Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: August 14, 2007
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission grant - ACCEPT
MOTION: 1 move to recommend that Council accept the Washington Traffic Safety Commission
grant in the amount of$65,750 00.
SUMMARY: The Kent Police Department has been awarded a WTSC grant in the amount of
$65,750.00 for the Kent Drinking Driver Countermeasure Program. The grant will fund % salary of one
co-coordinator, subsistence, and goods and services.
This grant begins on July 1, 2007 and ends June 30, 2009. A city match of 75% is more than covered
through budgeted funds.
EXHIBITS: Copy of award letter dated 7/6/07 from WTSC.
BUDGET IMPACT: None.
BACKGROUND: This award has been received by the Kent Drinking Driver Task Force for many
years
City of Kent Public Safety Committee WTSC DDTF grant award
' August 14,2007
�^Bo RElC VED
�FFICE
® JUL I I Z007
STATE OF WASHINGTON KENT POLICE DEPARTMENT,
WASHINGTON TRAFFIC SAFETY COMMISSION
1000 S Cherry St,PO Box 40944, Olympia, Washington 98504-0944, (360) 753-6197
July 6, 2007
Chief Steve Strachan
Stacy Judd/Ceci Velez
Kent Police Department
220 4th Ave S
Kent WA 98032
RE: Traffic Safety/DUI Task Force Grant Award
Dear Chief Strachan: ,
On behalf of the Washington Traffic Safety Commission, I am pleased to inform you
that the request for proposal to continue your local Traffic Safety Task Force
submitted by your agency in the amount of $65,750.00 has been approved.
As of July 1, 2007, you are authorized to begin implementing your project and may
begin to exhaust the allotted funding. Enclosed is a copy of the signed agreement.
Your agency is responsible to fulfill the reporting requirements as stated in the ,
signed project agreement; including requests for reimbursement submitted in a
timely manner. Failure to do so or to file required reports could lead to termination
of the project agreement.
If you have any questions or concerns regarding your project, please contact the ,
WTSC Community Traffic Safety Task Force/DUI Program Manager, Lynn Drake, at
360.586.3484 or ra e _ wtsc.wa.gov.
We look forward to working with you on this project and thank you for your interest ,
in improving traffic safety in your community.
Sin ely, - ,
Lowell Porter
Director
CC; File
Kent City Council Meeting
Date Auoust 21, 2007
Category Consent Calendar
1. SUBJECT: DEPARTMENT OF JUSTICE WEED AND SEED PROGRAM
GRANT — ACCEPT
2. SUMMARY STATEMENT: Accept a grant in the amount of$174, 845 from the
Department of Justice for the FY2007 Weed and Seed Competitive Program The grant
funding will be received yearly in increasing amounts over five years for a total of one
million dollars Kent's East Hill area has been designated as a Weed and Seed
Community Program The grant program requires comprehensive strategies to address
areas of high serious and violent crime, drug abuse and gang activity.
Up to 25% of required match funding may be comprised of cash or in-kind services.
The match for the first year is $68,160 and consists of a percentage of straight line
salaries and benefits for city employees participating in Weed and Seed strategies.
3. EXHIBITS: Copy of Department of Justice award documents dated 8/3/07
t4. RECOMMENDED BY: Public Safety Committee 8/14/07
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? Yes
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund N650 Amount $174,845.00
Unbudgeted Revenue: Fund N650 53111 Amount $174,845.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6R
POLICE DEPARTMENT
Steve Strachan, Chief of Police
Phone 253-856-5888
Fax 253-856-6802
K E N T
W A 5 H I N c r o N Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: August 14, 2007
TO: Public Safety Committee
SUBJECT: Department of Justice FY2007 Weed and Seed Program grant—ACCEPT and
AUTHORIZE
MOTION: I move to recommend that Council accept the Department of Justice Assistance
FY2007 grant in the amount of$174,845 and authorize Chief Strachan to sign the acceptance.
SUMMARY: The Kent Police Department has received award notice of FY2007 Weed and Seed
i Competitive Program funding through the Department of Justice The grant funding will be received
yearly in increasing amounts over five years for a total of one million dollars Kent's East hill area has
been designated as a Weed and Seed Community program The grant program requires comprehensive
istrategies to address areas of high serious and violent crime, drug abuse and gang activity.
EXHIBITS: Copy of Department of Justice award documents dated 8/3/07
Proposed Weed and Seed Program site map
BUDGET IMPACT• Up to 25% of required match funding may be comprised of cash or in-kind
services The match for the first year is $68,160 and consists of a percentage of straight line salaries and
benefits for city employees participating in Weed and Seed strategies These employees include the
police Crime Analyst, police and fire public education specialists, police Financial Analyst, Parks
Department employees and one Code Enforcement Officer
Police officer time cannot be used as a match because police officer straight time salaries and benefits
are unallowable costs for the Weed and Seed Program.
i
1
L
City of Kent Public Safety Committee DOJ Weed and Seed grant award
August 14,2007
Department of Justice
Office of Justice Programs
Office of the Assistant Attorney General Washington,D C 20531
August 3, 2007
Chief Steven Strachan
City of Kent Police Department
220 4th Avenue South
Kent,WA 98032
' Dear Chief Strachan
On behalf of Attorney General Alberto Gonzales,it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 2007 Weed and Seed Communities Competitive Program Guide and
Application Kit in the amount of$174,845 for City of Kent Police Department This award will enable you to support
activities within your designated Weed and Secd Community
Enclosed you will find the Grant Award and Special Conditions documents This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports,resolution of all interim
audit findings,and the maintenance of a minimum level of cash-on-hand Should you not adhere to these requirements,you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropnate
If you have questions regarding this award,please contact
- Program Questions,Lesley Walker, Program Manager at(202)307-0863;and
- Financial Questions,the Office of the Comptroller,Customer Service Center(CSC)at
(800)458-0786,or you may contact the CSC at ask oc@usdoj gov
Congratulations,and we look forward to working with you
Sincerely,
Yf
Regina B Schofield
Assistant Attorney General
Enclosures
Department of Justice ■
Office of Justice Programs
Office for Civil Rights
Washington,D C 20531
August 3, 2007
Chief Steven Strachan
City of Kent Police Department
220 4th Avenue South
Kent,WA 98032
Dear Chief Strachan.
Congratulations on your recent award.In establishing financial assistance programs.Congiess linked the receipt of '
Federal funding to compliance with Federal civil rights laws The Office for Civil Rights(OCR), Office of Justice
Programs(OJP), U S Department of Justice is responsible for ensuring that recipients of financial aid from OJP,
its component offices and bureaus, the Office on Violence Against Women (OVW),and the Office of Community
Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and regulations We at
OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding
Ensuring Access to Federally Assisted Programs
As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,
color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to
employment practices but also in the delivery of services or benefits Federal law also prohibits funded programs
or activities
from discriminating on the basis of age in the delivery of services or benefits
Providing Services to Limited English Proficiency (LEP)Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42
U S C $ 2000d,recipients of Federal financial assistance must take reasonable steps to provide meaningful access
to their programs and activities for persons with limited English proficiency (LEP) For more information on the
civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the
website at http//www lep gov
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based
organizations In general,the regulation,Participation in Justice Department Programs by Religious Organizations;
Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment
Regulation 28 C F R part 38,requires State Administering Agencies to treat th-,se organizations the same as any
other applicant or recipient The regulation prohibits State Administering Agencies from making award or grant
administration decisions on the basis of an organization's religious character or affiliation,religious name, or the
religious composition of its board of directors
The regulation also prohibits faith-based organizations from using financial assistance from the Department of
Justice to fund inherently religious activities While faith-based organizations can engage in non-funded
inherently religious activities, they must be held separately from the Department of Justice funded program,and
customers or beneficiaries cannot be compelled to participate in them The Equal Treatment Regulation also makes
clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion For more information on the
regulation, please see OCR's website at http//www cjp usdoj govlocr/etfbo him
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as
amended, the Victims of Crime Act, as amended,and the Juvenile Justice and Delinquency Prevention Act,as
amended,contain prohibitions against discrimination on the basis of religion in employment These employment
provisions have been specifically incorporated into 28 C F R Part 38 1(f)and 38 2(t) Consequently, in many
circumstances, it would be impermissible for laith-based organizations seeking or receiving funding authorized by
these statutes to have policies or practices that condition hiring and other employment-related decisions on the
religion of applicants or employees Programs subject to these nondiscrimination provisions may be found on
OCR's website at http//www olp usdol gov/ocr/ Questions about the regulation or the statutes that prohibit
discrimination in employment may be directed to this Office
LEnforcing Civil Rights Laws
All recipients of Federal financial assistance,regardless of the particular funding source, the amount of the grant
award, or the number of employees in the workforce, are subject to the prohibitions against unlawful
discrimination Accordingly,OCR investigates recipients that are the subject of discrimination complaints from
both individuals and groups In addition, based on regulatory criteria,OCR selects a number of recipients each year
for compliance reviews,audits that require recipients to submit data showing that they are providmg services
equitably to all segments of their service population and that their employment practices meet equal employment
opportunity standards
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to
the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,
42
U S C § 3789d(c), or other Federal grant program requirements, must meet two additional requirements (1)
complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan
(EEOP),28 C F R § 42 301- 308, and (2)submitting to OCR Findings of Discrimination(see 28 C F R §§
42 205(5)or 31 202(5))
1) Meeting the EEOP Requirement
In accordance with Federal regulations,Assurance No 6 in the Standard Assurances, COPS Assurance No 8 B,or
certain Federal grant program requirements, your organization must comply with the following ESOP reporting
requirements
If your organization has received an award for$500,000 or more and has 50 or more employees (counting both
full-and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to
OCR for review within 60 days from the date of this letter For assistance in developing an EEOP, please
consult OCR's website at http//www ojp usdol gov/ocr/eeop him You may also request technical assistance from
an EEOPspecialist at OCR by dialing(202) 616-3208
1 If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your
organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review Instead,
your organization has to maintain the EEOP on file and make it available for review on request In addition,your
1 organvation has to complete Section B of the Certification Form and return it to OCR The Certification Form can
be found at http//www ojp usdoj gov/ocr/eeop him
If your organization received an award for Tess than $25,000,or if your organization has less than 50 employees,
regardless of the amount of the award, or it your organization is a medical institution,educational institution,
nonprofit organization or Indian tribe,then your organization is exempt from the EEOP requirement However,
your organization must complete Section A of the Certification Form and return it to OCR The Certification Form
can be found at hup//www ojp usdol gov/ocr/eeop him
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of
discrimination against your organization after a due process hearins, on the ground of race,color,religion,
national ortgin, or sex,your organization must submit a copy of the finding to OCR for review
Ensuring the Compliance of Subrecipients
It your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also
comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing
and submitting an EEOP, reporting Findings of Discrimination,and providing language services to LEP persons
State agencies that make subawards must have in place standard grant assurances and review procedures to
demonstrate that they are effectively monitoring the civil rights compliance of subrecipients
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,
please call OCR at(202) 307-0690 or visit our website at http//www ojp usdol gov/ocr/
Sincerely,
Michael L Alston
Director
cc Grant Manager
Financial Analyst
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1
' Department of Justice
}
Office of Justice Programs
PAGE 1 OF 3
Community Capacity Grant
Development Office
I RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 AWARD NUMBER 2007-WS-Q7-0247
City of Kent Police Department
220 4th Avenue South 5 PROJECT PERIOD FROM 10/01/2007 TO 09/30/2008
Kent,WA 98032
BUDGET PERIOD FROM 10/01/2007 TO 09/30/2008
6 AWARD DATE 08/03/2007 7 ACTION
i IA GRANTEE IRS/VENDOR NO 18 SUPPLEMENT NUMBER Initial
916001254 00
9 PREVIOUS AWARD AMOUNT — $0
3 PROJECT TITLE 10 AMOUNT OF THIS AWARD $ 174,845
East Hill Comdor Weed and Seed Community -_-
'- — I 1 TOTAL AWARD $ 174,845
12 SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S)
13 STATUTORY AUTHORITY FOR GRANT
This project is supported under 42 U S C sections 103-105
15 METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL T GRANTEE ACCEPTANCE —_
16 I YPED NAME AND TITLE OF APPROVING OFFICIAL 18 TYPED NAME AND TI PLE OF AUTHORIZED GRANTEE OFFICIAL
Regina B Schofield Steven Strachan
Assistant Attorney General Chief of Police
17 SIGNATURE OF APPROVING OFFICIAL 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE
AGENCY USE ONLY
20 ACCOUNTING CLASSIFICATION CODES 21 WS07A30197
FISCAL FUND BUD DIV
YEAR CODE ACT OFC REG SUB POMS AMOUNT
7 Q WS 26 00 00 174845
OJP FORM 4000/2(REV 5-87)PREVIOUS EDITIONS ARE OBSOLETE
Department of Justice
Of flee of Justice Programs AWARD CONTINUATION
31 Community Capacity SHEET PAGE 2 OF 3
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e
Development Office Grant
PROJECT NUMBER 2007-WS-Q7-0247 AWARD DATE 08/03/2007
SPECIAL CONDITIONS ,
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP)Financial Guide
2 The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C F R Section 42 302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of tunding, until such time as the
recipient is in compliance
3 The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments,and Non-Profit Organizations, as further described in the current edition of the OJP Financial
Guide,Chapter 19
4 Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law,regulation or policy at any level of government, without the
express prior written approval of OiP
5 The grantee agrees to require that organizations which receive grant funds certify,as part of the contract, that they have
appropriate hiring policies and screening procedures for employees who will be working with youth and other residents
as part of the Weed and Seed strategy
6 The grantee is encouraged to have at least one Safe Haven as a key element of the Weed and Seed strategy
7 While specific program strategies may vary from site to site, the planning, development and execution for the following
elements shall be common to all Weed and Seed sites These common elements are (1) to organize and regularly
convene a Weed and Seed steering committee, (2)to maintain focus on the four components in the target
neighborhood, (3) to screen applicants working with children while selecting and mobilizing resources to address
neighborhood problems, (4) to regularly revisit goals. objectives, and the implementation strategies and schedules, (5)
to adhere to the site development benchmarks as outlined in the annual Weed and Seed solicitations Failure to
substantially comply with these elements is cause to discontinue grant funding
8 Grantee agrees that if it chooses to award mint grants(sub-grants), those mini grant awards will be made for criminal
justice purposes Grantee agrees to submit documentation of procedures for award and management of the mint grant
process within 90 days of award, if they have not already done so Grantee also agrees to ensure that these procedures
comply with the OJP Financial Guide For purposes of this condition.'criminal justice purposes" shall mean those
activities contemplated in the definition of"criminal justice" found in the Omnibus Crime Control and Safe Streets Act,
42 U S C 3791 (a)(1) "Criminal justice" is defined as " activities pertaining to crime prevention, control, or reduction,
or the enforcement of the criminal law, including, but not limited to, police efforts 10 prevent, control, or reduce crime
or to apprehend crimmals, including juveniles, activities of courts having criminal jurisdiction,and related agencies
(including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or
release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the
rehabilitation, supervision,and care of criminal offenders, and programs relating to the prevention,control,or reduction
of narcotic addiction and juvenile delinquency "
9 Grantee agrees to submit a copy of approved Weed and Seed Steering Committee Policies and Procedures within 90
days of award
10. The grantee agrees to submit a Government Performance Results Act(GPRA)Report for each calendar year in which
the grant remains open These GPRA reports are due in CCDO by May 31 st of each year, reporting the results from the
preceding calendar year
Department of Justice
fie Office of Justice Programs AWARD CONTINUATION
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Community Capacity SHEET PAGE 3 OF 3
Development Office Grant
PROJECT NUMBER 2007-WS-Q7-0247 AWARD DATE 08/03/2007
LSPECIAL CONDITIONS
1 I Grantee acknowledges that this award has a limited obligation and payment period and is not eligible to be
supplemented with funds from other fiscal years. Therefore,timely implementation of this project is encouraged
12. The grantee/fiscal agent and Steering Committee recognizes that it must come into compliance with all new statutory
requirements for Weed and Seed programs within 90 days of accepting the award See 42 U S C Section 104 This
includes, but is not limited to, amending its existing Operating Policies and Procedures,consistent with guidance that
will be provided by CCDO, to include the U S Attorney (for the District encompassing the community)and the Drug
Enforcement Administration's special agent in charge(for the jurisdiction encompassing the community)as voting
members of the Steering Committee
13. The grantee agrees to comply with the applicable requirements of 28 C F R Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the"Equal Treatment Regulation") The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship,religious instruction,or proselyu7auon Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program,and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion
14. All specific elements of the recipient's application are subject to on-site or other verification during the term of this
grant- If any material deviation from the application is discovered during this review,then recipient acknowledges
that CCDO, in its sole discretion,retains all rights to remedy the problem, up to and including suspension or
termination of the grant under the provision of 28 CFR Part 18
15 The recipient may not obhgate,expend or drawdown funds on this award until it has submitted a revised program
narrative in accordance with governing guidelines and a Grant Adjustment Notice has been issued to remove this
special condition
16. The applicant budget is pending review or approval The recipient may not obligate, expend or draw down any grant
funds until the Office of the Comptroller, Office of Justice Programs has issued clearance of the application budget,and
a Grant Adjustment Notice has been issued removing this special condition
Department of Justice
Office of Justice Programs
Community Capacity Development Office
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Washington DC 20531
Memorandum To: Official Grant File
From: Dennis E. Greenhouse, Director, CCDO
Subject: Categorical Exclusion for City of Kent Police Department
The subject project involves the following: During this project period, law enforcement efforts will focus
on reducing crime in the community Community policing goals include changing the community
perception of safety Prevention, intervention, and treatment goats include increasing community
resources that support residents. Neighborhood restoration goals include increasing opportunities for a
safe community environment.
None of the following activities will be conducted either under the OJP federal action or a related third
party action:
1. New construction.
2. Any renovation or remodeling of a property either(a) listed on or eligible for listing on the National
Register of Historic Places or (b) location within a 100-year floodplam.
3. A renovation which will change the basic use of a facility or significantly change its size.
4. Research and technology whose anticipated and future application could be expected to have an effect
on the environment.
5 Implementation of a program involving the use of chemicals.
Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in
paragraph 4.(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed
action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the
criteria for a categorical exclusion.
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Kent City Council Meeting
Date August 21, 2007
Category Other Business
1. SUBJECT: AMENDMENT TO KENT SCHOOL DISTRICT AGREEMENT FOR
PHOENIX ACADEMY—AUTHORIZE
2. SUMMARY STATEMENT: The City and the Kent School District have been
working to modify provisions of the Joint Use Agreement originated in 1983, to include
the operation of an after school and evening community center on the Phoenix
Academy Campus. This amendment will formalize a partnership with KSD to manage,
schedule, and program a defined area at Phoenix Academy that includes the main
gymnasium, auxiliary gym, adjacent classrooms, restrooms, potentially the weight
room, and shared use of the cafeteria.
3. EXHIBITS: Draft agreement with Kent School District. Specifics of Exhibit A will
be outlined as part of the staff presentation
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no.
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmemberk��conds
to authorize the Mayor to sign an amendment to the Joint Use Agreement with the Kent
School District to incorporate use of the Phoenix Academy Campus, upon terms and
conditions acceptable to the City Attorney.
DISCUSSION:
ACTION: ?T) C—
Council Agenda
Item No. 7A
Addendum One
To The Agreement Between
Kent School District No. 415
And The City of Kent
For Joint Use Of The Community Center At Phoenix Academy
' This Addendum One amends the Agreement Between Kent School District No.
415 and City of Kent Parks & Recreation Department City of Kent dated April 5, 1983
(the "Agreement") entered into between the Kent School District No. 415 (the "District"),
a quasi-municipal corporation, and the City of Kent (the "City"), a municipal corporation.
RECITAL
The Agreement provides the terms for the District and the City (jointly, the
"parties") to jointly use, manage, and schedule each other's athletic fields and facilities.
The City and the District wish to add to and modify the provisions of the Agreement to
include the operation of an after school and evening Community Center on the Phoenix
I Academy Campus located at 11000 SE 264'" Street, Kent WA (the "Campus").
rr�
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the City and District agree as
follows-AGREEMENT
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SECTION 1: Purpose and Subject Matter.
T;
The purpose of this Addendum One is to set forth the terms and conditions that
will allow the City to operate a Community Center on the Phoenix Academy Campus in
partnership with the District. This will allow the Campus to be used by the District for
school purposes and by the public for recreation purposes It is the expressed desire of
the City that this Community Center enhance the Campus and assist the District in
meeting it's educational goals for the Phoenix Academy
SECTION 2: Terms�lbl`f Agreement.
Under this Addendum One, the Community Center will operate as a one-year
pilot program from September 1, 2007, to August 31, 2008. It is the intent of both
1 parties, however, that the Community Center will be a long-term program on the
Campus. The program will be reviewed on an on-going basis by City and District staff
and in the Spring of 2008, if both parties agree, a longer term addendum or agreement
will be entered into at that time.
SECTION 3: Facility Use.
A. Hours of operation: During the school year, the Community Center will operate
from 3.30 p.m to 10 p m. Monday through Friday and 8.00 a.m to 10 00 p in on
Saturday During the summer vacation months for the Phoenix Academy, the hours of
operation may be expanded by mutual agreement of the parties depending on available
space, budget parameters, and program needs. The City shall provide a Site Manager and
necessary site staff when operating the Community Center
B Space: Exhibit A attached and incorporated herein, depicts-the rooms within the
Campus that the City will operate as a Community Center(the"Center Rooms") Exhibit
A also outlines the three room classifications that will guide how the area will be
managed. The Auxiliary Gym is currently used as a storage space by the District and
may temporarily serve the needs of some Mill Creek Middle School Athletics from Nov
2007—Mar 2008. The Auxiliary Gym will also be available to the City for the
Community Center program on a space available basis.
SECTION 4• Fees.
The City may charge nominal fees to participants for programs or classes at the
Community Center to assist in funding some;of the operat bifal costs that the City may
incur.
SECTION 5• Janitorial Servtees.
The Dist6 `t-rill be responsible for performing all janitorial, maintenance and
repair work for the Center Rooms. The City and the District are expected to hand off
clean facilities ready for use by the next user.''The City will reimburse the District for the
cost Incurred to perform this janitorial work in the Center Rooms Janitorial
reimbursement will be mutually ,agreed upon based on actual hours required to clean
areas of the building used'by the City Reimbursement will not exceed 50% of a full-
time custodial position. As for Utilities, the City and District will share the cost of after
hours and weekend use of the space in an equitable and mutually agreed upon fashion.
SECTION 6: Security,,,; ''
During the hours of operation for the Community Center, the City is responsible
for the security of the Campus Rooms The City is also responsible for ensuring the
coordination between the City of Kent Police Department and District Security as it
pertains to the Campus
ADDENDUM ONE-CITY AND KENT SCHOOL DISTRICT 2 ,
COMMUNITY CENTER AT PHOENIX ACCADEMY 8/15/200712 05 PM
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SECTION 7• Food Service
Depending on need, the District and the City agree to jointly explore the potential
of food service operation on the Campus during Community Center hours that would
serve both Phoenix Academy students and Community Center participants
SECTION 8: Effect on Master Joint Use Agreement.
Except as may be amended by this Addendum One, all other terms and conditions
of the Agreement shall remain in full force and effect. In the event of a conflict between
this Addendum One and the Agreement, this Addendum One shall control.
IN WITNESS WHEREOF the parties hereto have caused this Addendum One to be
executed on their behalf
1 IN WITNESS, the parties below execute this Addendum One which shall become
effective on the last date entered below.
KENT SCHOOL DISTRICT: CITY OF KENT:
By: By-
(signature)
Print Name- Dr Barbara Grohe Print Name. Suzette Cooke
Its Superintendent Its Mayor
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
s
"'
CITY OF KENT:
'e y Jeff Watling, Director of Parks, Recreation and
Community Services - City of Kent
j 220 Fourth Avenue South
Kent, WA 98032
(253) 253-856-5030 (telephone)
253 253-856-6030 facsimile
APPROVED AS TO FORM:
Kent Law Department
ADDENDUM ONE—CITY AND KENT SCHOOL DISTRICT 3
COMMUNITY CENTER AT PHOENIX ACCADEMY 8/15/200712 05 PM
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Kent City Council Meeting
Date August 21, 2007
Category Other Business
1. SUBJECT: KENT EVENTS CENTER CONTRACT— AUTHORIZE
2. SUMMARY STATEMENT: On July 26, 2007, the City Council approved the Kent
Events Center project and established a $78,600,000 budget. In order to proceed, staff
requests Council's approval for the Mayor to sign three consultant contracts for the
following services- (1) LEED (Leadership in Energy and Environmental Design)
services; (2) observation and monitoring of subgrade preparation; and (3) structural
special testing and inspection services, the costs of which are all included within
Council's established budget for the project.
3. EXHIBITS: Memorandum, Scopes of Work, and sample Consultant Services
Agreement
4. RECOMMENDED BY: Staff
(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 e seconds
to authorize the Mayor to sign an agreement with Engineering Economics, Inc. in the
amount of$83,774 for LEED services, with Shannon & Wilson, Inc. in the amount of
$1 17,469 for monitoring and evaluating the project's subgrade preparation, and with a
consultant still yet to be determined in the approximate amount of$100,000 to
$125,000 for structural special testing and inspections, and to ratify all acts consistent
with this motion.
DISCUSSION:
ACTION: C_
Council Agenda
Item No. 7B
LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5770
K E N T Fax: 253-856-6770
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
August 21, 2007
To: City Council
From: Arthur"Pat" Fitzpatrick, Deputy City Attorney��
Regarding. Kent Events Center - Contract Authorization
On July 26, 2007, the Council approved the Kent Events Center project, established a
budget of $78,600,000, and authorized the mayor to take all acts necessary to construct
the project. In order to proceed, staff asks Council to authorize the mayor to enter into
contracts for consultant work as described below, the costs of which are included within the
budget amount approved by Council on July 26, 2007.
• Engineering Economics, Inc. for $83,774 to provide consultant services related to
LEED (Leadership in Energy and Environmental Design). As the City is receiving
money from the state to help construct the Events Center, it is required to meet
certain requirements to reduce the project's impact on the environment and to
conserve energy.
• Shannon & Wilson, Inc. for $117,469 to observe subgrade preparation and
earthwork, grading, and filling operations, and to monitor and evaluate subgrade
preparation and backfill, structural slab subgrade preparation, and augercast pile
installation.
• One of three consultants (the final consultant to be determined in the near future) to
perform structural special testing and inspections of concrete, masonry, steel, etc. at
an approximate cost of $100,000-$125,000. While the specific consultant has not
yet been selected, the field has been narrowed to three. The proposals of each of
the consultants is attached for informational purposes.
The contract used for each consultant will be the City's boilerplate Consultant Services
Agreement, a copy of which is attached, subject to final terms and conditions to be
approved by the City Attorney.
1
Scope of Work for Engineering Economics, Inc.
1 -LEED Services-
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EXHIBIT A: SCOPE OF WORK AND FEE PROPOSAL
I. COMMISSIONING SCOPE OF WORK
A. Commissioning Services Design Development (DD) Phase
1. Design Document Phase
a Conduct a review of the design documents with a focus on
LEEDTM/commissioning design improvement opportunities prior to the
construction document phase. Present comments to design team for
consideration. (LEEDTM Energy Credit 3)
b. Draft a commissioning plan for review by design team. (LEEDTM Prereq.
t)
c. Review commissioning specifications and supplement as necessary to
reflect program requirements and final scope of work determined for CA
delivery(Divisions 1, 15, and 16). (LEEDTM Prereq 1)
d. Integrate Design Intent and Basis of Design Documentation from design
team as reflects owner requirements regarding system commissioning
attributes noted in the LEEDTM Reference Guide (LEEDTM Prereq 1)
2 Construction Documents (CD)Phase
a. Conduct a review of the construction documents, with a focus on
LEEDTM commissioning design improvement opportunities relative to
the Design Intent and Basis of Design Documentation. Present comments
to design team (LEEDTM Credit 3)
b. Finalize commissioning plan_ (LEEDTM Prereq. 1)
e Incorporate comments and finalize commmssiomng specifications for
integration with the contract documents.(LEEDTM Prereq 1)
B. Commissioning Services-Construction and Acceptance Phases
1. Provide selective review of contractor submittals for commissioned systems to
ensure that the specifications and owner's requirements are met (LEEDTM
Energy Credit 3)
2. Provide prefunctional documentation to verify proper installation, initial start-
up, and pretesting of systems.This will be organized in a field manual format
for use by contractors during installation phase.Management of this binder is
to be by general contractor for review by CA upon notice of completion
(LEEDTM Prereq. 1)
3. Write functional test procedures for systems to be commissioned in accordance
with Commissioning Plan.(LEEDTM Prereq. 1) )�
4. Perform selected installation verification checks to assure consistency with the
design documents and adequate exercise of contractor quality control
obligations Three site visits are included during construction to review major
and typical representative types of equipment during and before start up.
(LEEDTM Prereq. 1)
5 Attend approximately 12 commissioning meetings as part of the overall
commissioning process to address the estimated construction schedule
provided.
6. Witness functional test procedures performed by the contractor to verify
systems performance in accordance with the commissioning plan This will
include the development of a deficiency log to record and resolve any issues
noted during the testing exercises and reviewed in the commissioning
meetings. (LEEDTM Prereq. 1)
EXHIBIT A: SCOPE OF WORK AND FEE PROPOSAL
7. Review O&M manuals for commissioned systems for completeness and
applicability (LEEDTM Prereq. 1)
8. Develop Recommissioning Management Manual per requirements noted in the
LEEDTm Reference Guide. (LEEDTM Energy Credit 3)
9 Verify training of maintenance staff as required in the contract documents.
(LEEDTM Prereq 1)
10. Provide post-occupancy seasonal verification of system performance prior to
the expiration of warranty period and document results to the owner's
representatives (LEED Im Energy Credit 3)
It. Prepare a final commissioning report in accordance with LEEDTM
requirements. (LEEDTm Prereq 1)
II. SYSTEMS TO BE COMMISSIONED
A. The building equipment and systems to be commissioned as part of this proposal include.
1. HVAC systems, including equipment and systems listed in the preliminary
drawings and narrative and related sequences of operation, and including the
ice rink refrigeration system
2. Building automation control system(DDC).
3. Domestic hot water heaters
4. Fire alarm to HVAC control system interface, including smoke control fans
and fire/smoke damper response to fire alarm signals.
5. Lighting control system.
B. Specific Exclusions- The following equipment is not included in our proposal-
Fire Alarm/Life Safety System Testing We will not be commissioning the fire
alarm system or doing integrated testing of such aspects as elevator recall,
smoke emergency fan modes, fire fighter smoke control system special and/or
inspector testing of the smoke control system, or building security/access in
fire modes.
2. Fire protection systems, such as sprinkler or pre-action.
3. TAB Verification Spot-checking of TAB contractor work is not included in
this proposal
4. Kitchen,plumbing and domestic water equipment associated with food storage
or preparation.
5. Vertical transportation equipment.
6 Security, data/communications, or voice paging/public address systems.
7 Rental of service lifts to reach equipment that is 10 ft or above finished floor.
8. Emergency power system including emergency generators and fuel system
9. Refrigeration machinery room alarm system.
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EXHIBIT A: SCOPE OF WORK AND FEE PROPOSAL
III. FEE PROPOSAL
The following fees are estimated for the scope of work referenced above to be billed on an hourly not to
exceed basis, plus reimbursable expenses in accordance with attached schedule of hourly rates.
Scope of Services Associated Fee,
Including Expenses
LEEDTM E&A Pr I Fundamental Cx Services $67,289
LEEDTM E&A Cr 3 Additional Cx Services $16,485
Total Commissioning Services $83,774
2007 Rate Schedule
LABOR Up To
Pnncipal ... . .. .. .................. . ................ ..... .. ................ $150/Hour
Senior Project Manager..... . . ....... . ..................$115 to$l30/Hour
Senior Engineer/Project Manager... ... .. . . . ... .. . ... . ......... ........ ... .. .......... .....$100 to$105,'Hour
Project Engineer. . ....... . . ....... . $95/1-lour
Senior Designer ... . .. .. ..... ...... . . . .. ..... $85/Hour
................ . . ....
Production Specialist. ........................ ....... .......................................................... .. ...... .. ... . $80/Hour
Project Administrator . .. ...... .... ... . . . . . .... . ....... .. . .$60/Hour
..... ..... .. .....
Administrative Support . . ........ . .. ....... . ....... ... . . ...... $50/Hour
............... . . .... . .
CONSULTANTS
110%of invoice received
REIMBURSABLE EXPENSES
Tools and Equipment Usage .. ... .... . ... .. ......... ... ........ .Market rates
Photocopies and Prints I-- .. ... . ....... ....... . . Market rates
Mileage:Personal Car . . . ...... .... .................. . ....... . . ................................ $0 48/mire
Postage ..... ............. . . .. ...... .. at cost+ 10/o
Travel Expenses. . ...... ..... ....... ...... ... . . ..... . .... .......... at cost+ 10%
OtherExpenses ... .................. ... ............... ...................................................................... . at cost+ 100/0
These are current rates and are subject to review and revision annually
Scope of Work for Shannon & Wilson, Inc.
-Monitoring and Evaluating Subgrade Preparation -
CONSULTANT SERVICES AGREEMENT
between the City of Kent and Shannon & Wilson, Inc.
EXHIBIT A: SCOPE OF WORK AND FEE PROPOSAL
The project will occupy a site known as"Commons Playfield" north of the King County
Regional Justice Center. The project construction will include:
P. Site subgrade preparation r
P. Site fill (berms, ballast, and structural)
► Parking lots
► Driveways
► Utilities
► Events Center building
SCHEDULE
Construction work is scheduled to begin in August 2007,with fill work and deep foundations to
be completed during the fall/winter of 2007. Final utility and paving work is scheduled to be
completed spring of 2008.
SCOPE OF SERVICES
For this project, the Consultant will assign an experienced engineer to manage observation and
evaluation efforts and supervise their field representatives, who will be on site during
geotechnically related construction tasks. The Consultant anticipates their scope of services will
include observing and evaluating the following construction activities to verify that they are
accomplished in accordance with the Engineer's recommendations and the project plans and
specifications:
► Observe site subgrade preparation
► Observe earthwork, grading, and filling operations to confirm adequate placement,
bearing, and compaction
► Monitor and evaluate utility subgrade preparation and backfill
► Monitor and evaluate structural slab subgrade preparation
No. Monitor augercast pile installation
The Consultant's services will be provided on an on-call, full-and part-time basis as required by
the construction activities. The Consultant will rely on the Contractor to inform them of the times
that they are needed at the project site; at least 24 hours' advance notice is requested. Additional
authorization may be required for services that are beyond the Consultant's currently anticipated
scope of services.
While at the site, the Consultant's field representative will advise the Contractor of their
observations. Recommendations that may affect contract costs will be made to the City of Kent.
The Consultant's field representative will not instruct or direct the Contractor, as his/her
direction should be received from the City of Kent,owner's representative, or others responsible
for contract administration. The Consultant will contact the City or its designated representative
directly if and when any immediate action needs to be taken In the Consultant's construction
observation work on this project, their duties will not include a review of or responsibility for the
adequacy of the safety measures at or near the project site. The Consultant's duties also will not
include any environmental assessment or evaluation regarding the presence or absence of
hazardous or toxic materials in the soil. surface water, groundwater, or air, on or below or around
this site. If regulated materials are encountered, the Consultant can assist the City in evaluation
and disposal of that material. Shannon & Wilson has an experienced environmental staff who
can perform these services.
FIELD REPORTS
The Consultant's field representative will prepare daily field reports that document their
observations during each site visit Copies of daily field reports will be sent to the City and/or
owner's representative as client. If any additional copies are required, the Consultant should be
informed. The Consultant will submit a final report related to the geotechnical aspects of the
project, which will state their opinions regarding the conformity of the work to the contract
documents. The final report will itemize and list any discrepancies that have not been corrected.
PROJECT MANAGEMENT
In addition to the Consultant's field representatives, office supervisors will be required. In this
regard, the Shannon& Wilson project manager and/or principal-in-charge will supervise the
field representatives, review daily field reports, and provide any additional necessary consulting
services, such as: (1) making special site visits to review unusual or unanticipated conditions,
(2) making engineering evaluations and giving recommendations as conditions dictate,
(3) attending site meetings as requested, and (4) providing other services as requested.
Mr. Thomas Gurtowski will be principal-in-charge, and Mr. James Mattoon will be the project
manager.
FEE ESTIMATE
The Consultant will undertake the services described above on a time-and-expense basis. The
Consultant estimates the costs for the scope of services described above will be approximately
$1 17,469, as shown in the enclosed Table 1, Estimated Costs for Construction Observation. The
Consultant will not exceed this total amount without the written authorization of the City of
Kent. Invoice(s) for payment will be submitted to the City as client. Please note that the actual
cost for construction observation effort will depend on conditions encountered in the field, the
Contractor's rate of progress, and the amount of observation time needed to assess the
Contractor's conformance with the project plans and specifications. As a result, this cost
Iestimate should be considered a target estimate, and the actual costs could be higher or lower.
Shannon& Wilson has prepared the enclosed "Important Information About Your Geotechnical
Proposal"to assist the City and others in understanding the use and limitations of the proposal.
Scopes of Work for Testing and Inspection Services:
• Krazan & Associates, Inc.
• Mayes Testing Engineers, Inc.
• Professional Service Industries, Inc.
=1<ralan & ASSOCIATES , INC .
GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING
CONSTRUCTION TESTING & INSPECTION
July 6,2007 KA Proposal No.P07158WAP
Page 1 of 8
Mr.Bradley Tong,PE Tel: (206)233-7841
Shiels Obletz Johnsen Fax: (206)386-1831
700 Fifth Avenue,Suite 2475
Seattle,WA 98104
1 Subject: Construction Materials Testing and Special Inspection Services
Dear Mr.Tong,
Krazan&Associates,Inc, appreciates the opportunity to submit this proposal to provide construction materials
testing and special inspection services on the Amiga Center at Kent Project located at West James Street and
Fifth Avenue North.in Kent,WA We look forward to joining your construction team
Krazan & Associates, Inc. is certified by the Washington Association of Building Officials (WABO) and
accredited by the International Accreditation Services (IAS) with in house geotechnical and environmental
engineering capabilities. Our testing(inspection capabilities in conjunction with our geotechnical engineering
capabilities allow us to provide our client a single source for inspection and consulting needs.
Over proposal is based on project plans (dated June 14, 2007), specifications and the construction schedule.We
propose to provide the required services on a time and materials basis in accordance with the anticipated budget
and terns and conditions attached.We are available immediately to begin providing services as needed.
Should questions arise relating to this proposal or other services available to support your projects please do not
hesitate to contact me at selenafredencknakrazan.com or 253-939-2500.
Respectfully submitted,
KRAZAN&ASSOCIATES,INC.
damnelH. yatt Sele A. ed 'ek
Puyallup Branch Manager Business Development Coordinator
Offices Serving The Western United States
922 Valley Avenue NW, Suite 101 • Puyallup, Washington 98371 9(253)939-2500 . Fax(253)939-2556
KA Proposal No.P0158 WAP
July 6,2007
Page 2 of 8
PROJECT DESCRIPTION
The project as we understand it consists of the new construction of a 6,025 seat events center, which will serve t
as the Home of the Seattle Thunderbirds. The construction type is a structural steel framed, 150,000 square foot
structure with an auger cast pile and grade beam foundation.
SCOPE OF WORK
The Scope of Work as we understand it, includes: soils/asphalt compaction, reinforced concrete, reinforced
masonry, auger cast pile, proprietary anchor installation, structural steel visual weld/bolting, structural steel
fabrication shop, spray applied fireproofing, Non Destructive Examination (NDE) and related construction
materials testing and special inspection services.
Auger Cast Grouted Piles The inspector will inspect placement of reinforcing steel and to verify compliance
with project requirements for correct size, grade of steel, location, use of centralizers and clearance. Each load
of grout, as required, will be checked for proper mix design, and adherence to flow requirements Grout
specimens will be cast, transported, and cured as per applicable ASTM requirements. As specified, 4 cylinders
or cubes will be cast for each load of each separate mix design of grout, or fraction thereof, being placed each
day.
Soil Comnaetion Testing—The inspector will observe and monitor placement and compaction of all structural fills.
Compliance with the compaction specifications will be verified by use of a nuclear densometer. Soils and base
materials will be periodically sampled for laboratory testing to verify compliance with project specifications.
Laboratory testing will include maximum dry density determination (proctor) and grain size distribution (sieve).
Additional laboratory services are available upon request.
Reinforcing Steel Placement — The inspector will monitor placement of reinforcing steel and embedments to
verify compliance with project requirements for correct size, grade of steel, location, and clearance to forms
and/or earthwork.
Cast in Place Concrete-The inspector will monitor placement of cast in place concrete to verify adherence to ACI
301 and project specifications. Each load, as required,will be checked for proper mix design,water/cement ratio,
batch weights, adherence to slump requirements, air content, as well as proper methods of placement and
consolidation. Air content is available upon request. Concrete specimens are to be cast,transported, and cured as
per applicable ASTM requirements. A minimum of 4 cylinders will be cast for each 150 cubic yards or 5,000
square foot of slab placed for each separate mix design of concrete,or fraction being placed each day.
Structural Masonry Inspection—The inspector will periodically monitor erection of structural masonry and verify
compliance with project specifications. The inspector will monitor masonry layout for reinforcement, centering,
and placing of mortar and grout. The mixing of mortar will be periodically observed and samples made for
laboratory analysis. Mortar tests will conform to ASTM C780. Inspection of grouting mix will include
verification of compression strength using full size masonry prisms. Grouting of cells will be monitored and
specimens cast. Grout tests will conform to ASTM C1019. Masonry prism testing will conform to ASTM
G1314.
Structural Steel Fabrication and Erection—The inspector will inspect fabrication and erection of structural steel
members. The inspector will verify welding procedures and welder qualifications. The inspector will also verify
weld quality in accordance with American Welding Society(AWS)codes.
KA Proposal No.P0158WAP
July 6,2007
Page 3 of 8
1. We will perform visual inspection of single pass fillet welds on a periodic basis. We will provide
continuous inspection of all fillet welds 3/8"and larger as required by the International Building Code
2. Magnetic Particle Method will be used to examine 10%of the fillet welds.
3. Full penetration groove welds in the moment frame and partial penetration column welds will be
examined for structural integrity utilizing the Ultrasonic Test Method as required by the Uniform
Building Code.
Spray Applied Fireproofing—Per IBC Section 1701.5 and Standard 7-6, the inspector will perform an initial
substrate inspection prior to application of fireproofing application techniques and methods will be verified
during the start up phase of fireproofing. Periodic thickness (using an ASTM C167 approved device)
inspections will be performed with density samples taken every floor or every 10,000 square feet, for each of
the following: beams, columns, and decking. Adhesion/Cohesion testing will be performed at similar intervals
in accordance with ASTM Standard E736. Laboratory analysis will include dry density per ASTM standards.
Wall Framing and Roof Deck Nailing — The on-site inspector will monitor erection of structural support
elements and verify adherence to the approved project drawings and specifications. All structural elements will be
examined for member size and shape, blocking, connections, and attachments. In addition, diaphragms will be
inspected for proper panel fit and bearing, including nail size, type, and spacing requirements. Shearwall
installation will include the inspection of all framing members,bolts,hold-downs,plate and sill members, as well
as plywood sheathing, and nailing requirements. Periodic inspections will be performed on an "on-call basis"
when framing is ready for installation and when species of wood members and their nailing can be verified. Nail
fasteners will be examined to verify proper type, size, and installation. Complete and accurate records will be
maintained by on-site personnel and submitted to the structural engineer for evaluation.
FEESTRUCTURE
We will perform the services listed above on a time and material basis in accordance with our 2007 standard
rate schedule. Based on the scope of work described in this proposal and our experience with similar projects,
Krazan and Associates' estimates the costs for testing and inspection services to be about $200,450.00 A
detailed breakdown of this cost estimate is attached as Appendix B. Costs for construction testing and
inspection services are highly dependent on contractors schedule; weather, overlapping of work, additional
inspections required by the building official and other factors. Krazan &Associates does not control the work
or production rate. Actual costs will vary due to the frequency of scheduling by others. Therefore the
quantities listed in our cost estimate should be considered approximate. The estimate provided herein does
not imply a lump sum fee, not-to-exceed fee or a guaranteed maximum price. Consistent with good
I engineering practice,we will work with the contractor to keep inspection costs at a minimum. If provided with
a construction schedule this cost estimate can be further refined and quantified.
COORDINATION
The above scope of services will be performed when scheduled by the General Contractor or the client's
designated representative. Proper scheduling is imperative to the success of the special inspections program.
Krazan & Associates cannot take responsibility for work that has not been inspected if we have not been
scheduled nor can we take responsibility for delays due to insufficient lead-time in scheduling inspections. We
recommend that the person scheduling the inspections contact out office prior to the job starting to discuss
required inspection and scheduling procedures.
KA Proposal No.PO158WAP
July 6,2007
Page 4 of 8
CONDMONS
1. Additional services requested outside of our stated scope of work will be billed in excess of the estimated amount at t
our current rates. A price list for these services will be provided upon request.
2. 'This offer terminates ninety calendar days from the dated of issue,unless otherwise stated and agreed.
3. Inspections which are canceled with less than twenty-four(24)hours notice,or after an inspector has been dispatched
to the project site,will be charged the minimum fee associated with the type of inspection or testing requested.
4. All concrete samples will be cast in 4-inch diameter x 8 high molds unless otherwise agreed.
5. Additional samples for contractor convenience testing and/or field cure samples are not included in this estimate.
6. Contractor will provide curing facilities in accordance with ASTM requirements for initial curing(the first 24 hours
after specimens are cast)and protection of concrete test specimens on site.
7. Krazan and Associates, as a professional services firm, is typically not subject to the prevailing wage agreements.
Should by Federal ruling, our services be subject to prevailing wage rates, this proposal is null and void. A new
proposal will be provided to account for additional services and increased wage rates associated with the ruling.This
includes any apprenticeship programs, equal opportunity submittals, affirmative action, union referral statements
and/or certified payroll.These items were excluded from this proposal.
8. This estimate is based on structural steel being fabricated in a local (within a 25 mile radius of an existing Krazan
and Associates Inc. office) structural steel fabrication facility. Should fabrication occur outside this range, additional
costs for travel,time,mileage and/or per-diem will be charged.
r�
KRAZAN AND ASSOCIATES AGREEMENT FOR PROFESSIONAL ATTACHMENTA
TESTING&INSPECTION SERVICES&GENERAL TERMS AND CONDITIONS
This Agreement between Shiels Obletz Johnsen, hereinafter referred to as "CLIENT', and Krazan & Associates, Inc., hereinafter
referred to as"Consultant',for Testing and Inspection Services,to be provided by Consultant,is executed in Puyallup,WA and is effective
as of the 6th day of July,2007. The parties agree as follows•
1. Services
CONSULTANT agrees to perform the professional services("Services')described in the Consultanfs proposal#P07158WAP titled Amiga
Center at Kent ('Proposar), incorporated in its entirety by this reference. Because of the uncertainties inherent in the Services
contemplated, time schedules are only estimated schedules and are subject to revision unless otherwise specifically described In the
Proposal.Consultant will perform Services under this Agreement as an independent contractor.CLIENT shall cause all required tests and
Inspections of the site, materials and work performed by their contractor to be scheduled no less than one full work day prior to the time
when Consultant is to perform their scheduled tests or inspections. No claims for loss, damage or injury shall be brought against
Consultant by client or any third party for tests or inspection not performed due to lack of scheduling or inadequate scheduling notice
provided to the consultant
2. Professional Standard of Care.
Consultant is obligated to comply with applicable standards of professional care and shall perform its services in a manner consistent with
the standard of care and skill ordinarily exercised by members of the profession practicing under similar conditions In the geographic
vicinity and at the time the services are performed. The CLIENT recognizes the inherent risks connected with site development and
understands when signing this Agreement that construction creates risks that are not entirely eliminated through the Services of
Consultant Therefore,in signing this agreement, the CLIENT understands that Consultant is not providing a warranty or assurance as to
the performance of the project This Agreement neither makes nor intends a warranty or guarantee,express or implied,nor does It create
a fiduciary responsibility by Consultant to the CLIENT. Statements made in Consultants reports are opinions based upon professional
judgment and are not to be construed as representations of fact Consultant shall sign certifications only if Consultant approves the form of
such certification prior to the commencement of services, and provided such certification is limited to a statement of professional opinion
and does not constitute a warranty or guarantee,express or implied.
3. Samples
Unless otherwise agreed, all samples or test specimens Will be disposed of or destroyed immediately upon completion of testing Upon
request,Consultant will deliver samples to the CLIENT or will store them for an agreed delivery and or storage charge
4. Cost of Services
For a complete review of the Cost of Services on the above referenced project, please refer to our Proposal and current Fee Schedule,
Including the basis for charges Costs of construction Testing and Inspection services is highly dependant on contractors schedule,
weather, overlapping of work and many other factors Since schedule, performance, production and charges are directed and/or
controlled by others, any quantity and/or time extensions must be considered a cost estimate. The cost presented in the proposal does
not imply a maximum contract amount, but only the extension value of our unit prices at the time of proposal preparation. Cost estimates
associated with proposals for construction testing and inspection services are provided In good faith based on the scope of work and
assumptions outlined In the Proposal. The Cost of Services contained herein does not include the review, evaluation, response, or
implementation of any additional services by the way of document or verbal request for modification, corrections, clarifications, or
additions to any original or supplemental work required by the project plans and specifications Consultant Project Manager charges are
above and beyond unit rates quoted. Miscellaneous charges, such as parking, air fair, car/equipment rental, mailing, shipping,
subcontractor charges,etc., will be charged on a cost plus overhead basis A four-hour minimum, portal to portal charge per call,applies
to all Consultants inspections. On remote jobs or at fabrication facilities, subsistence, when not furnished, will be an additional charge.
Services rendered in excess of 8 hours will be billed at time and a-half the hourly rate On Holidays,Sundays, or in excess of 8 tours on a
Saturday or in excess of 12 hours on any weekday will be charged at double the hourly rate. Late cancellation may be subject to
reasonable charges if personnel cannot be appropriately reassigned
5 Payment
Unless otherwise stated in the Proposal, payment shall be on a time and materials basis under the Schedule of Fees and Charges in
effect when the Services are performed. Invoices will be mailed to the CLIENT and will be due immediately, but will not be delinquent if
paid on or before the 30t'day from the date of said invoice If invoice(s)are not paid,a LATE FEE may be charged on the amount of the
invoice(s)at the rate of one and one-half percent(1-112%)per month or the maximum percentage allowed by law,whichever is the lesser,
on the unpaid balance from the invoice date,including the undisputed portions of invoices with disputed charges,until the same is paid.in
the event CLIENT fails to pay Consultant, CLIENT agrees that Consultant will have the right to consider the failure to pay Consultants
invoice as a breach of this Agreement and Consultant will have the right to stop all current work and withhold letters,reports, or any verbal
consultation until the Invoice(s)are paid in full. If the account becomes delinquent,the CLIENT shall pay all costs and expenses incurred
by Consultant to collect the unpaid balance.CLIENT shall notify Consultant of any disputed amount within fourteen(14)days from date of
said invoice, give reasons for the objection, and promptly pay the undisputed amount.Failure to pay the entire amount of an invoice does
not constitute notice to Consultant of a disputed amount Consultant shall not be bound by any provision or agreement conditioning
Consultant's right to payment upon payment by a third party All undisputed amounts due to Consultant by CLIENT shall be paid in full
prior to Consultants release of Final Reports or other required forms of certified or verified reports.
6. Safety Regulations
Consultants work shall not include determining, supervising or implementing the means, methods, techniques or procedures of
construction.Consultant shall not be responsible for job site safety or the evaluating&reporting of job conditions concerning health,safety
or welfare
Page 2
Krazan and Associates,Inc.
With Offices Serving the Western United States
7. Termination of Services
This Agreement may be terminated by either party upon not less than five(5)days written notice should the other party fail substantially to
perform in accordance with the terms of this Agreement through no fault of the party initiating the termination and or If CLIENT suspends
the work for more than three (3) months In the event of termination, Consultant will be paid for services performed up to the date of
termination plus reasonable termination expenses,including the cost of completing analyses,records and reports necessary to document
job status at the time of termination. The limltation of liabllity and Indemnity obligations of this Agreement shall be binding notwithstanding
any termination of this Agreement.
a. Limitations
In order for the consultant to offer the rates quoted in the consultant's proposal and in order for Consultant to reduce its residual risk
created by providing these service to the CLIENT,CLIENT and Consultant agree,to the fullest extent permitted by law,that Consultant's
and its employees',agents' and subcontractors'(referred to collectively in this Article as"Consultant")total aggregate liability to CLIENT
and its employees', agents' and contractors' and those parties that CLIENT requires to be listed as additionally insured (referred to
collectively in this Article as'CLIENT")is limited to One Hundred Thousand Dollars($100,000)or the total cost of Services,whichever is
greater,for any and all of CLIENT s Injuries,damages,claims,losses,expenses,or claim expenses including,without limitation,CLIENT's
claims of contribution and indemnification,express or implied,with respect to third party claims relating to services rendered or obligations
imposed under this Agreement or arising out of Consultant's performance of his professional work and or negligent acts.This limit applies
to all services on this Project,whether provided under this or subsequent agreements, unless modified in writing,agreed to and signed by
authorized representatives of both parties, If the CLIENT Is not willing to limit liability as indicated above, an increase in the limit of liability
can be accommodated for a surcharge to Consultants fee These additional limits are negotiable up to the annual aggregates in
accordance with Consultant's insurance coverage.The amount of the increased limit of liability and the surcharge to Consultant's fee shall
be negotiated in good faith with the agreement between the parties to be included as an Addendum to this Agreement. The client will
notify Consultant in writing if this provision is elected. If CLIENT fails to issue such notification prior to accepting this Agreement, through
signature or without signature, by orally or in writing authorizing Consultant to commence Services, CLIENT shall be deemed to have
accepted the Limitation of Liability.CLIENT agrees to indemnify Consultant for all liabilities in excess of the monetary limits selected.The
parties also agree that the CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may
join Consultant as a third-party defendant.
Consultant's work or failure to perform same shall not in any way excuse any contractor,subcontractor or supplier from performance of its
work in accordance with the contract documents. Consultant is not responsible for the completion or quality of work that is dependent
upon or performed by the CLIENT or third parties not under the direct control of Consultant,nor is Consultant responsible for their acts or
omissions or for any damages resulting there from.
9. Liability Insurance
Consultant carries Worker's Compensation Insurance and public liability insurance for bodity injury and property damage. Certificates of
insurance can be fumished upon written request but may not be processed unless accompanied by a signed Agreement.CLIENT agrees
not to withhold payment to Consultant for CLIENTs failure to make such a timely request and such requests may not be honored if made
after final completion of authorized Services. Additional charges may apply for Waives of Subrogation and Additional Insured
Endorsements.Consultant assumes the risk of damage caused by Consultant's personnel to Consultant's supplies and equipment.
10. Dispute Resolution
The parties agree that if any disputes arise concerning the enforcement or interpretation of this agreement, with the exception of non-
payment issues,the parties shalt first attempt to resolve their disputes through good faith negotiation. If the parties are unable to resolve
the disputes,then they shall consider in good faith the desirability of formal non-binding mediation Either party may demand non-binding
mediation by serving a written notice stating the essential nature of the dispute and the amount of time or money claimed, and require that
the mediation proceeds within sixty (60) days of service of notice. The mediation shall be administered by a mutually agreed upon
mediator. If no mediator can be mutually agreed on,then a mediator will be appointed by the American Arbitration Association. No action
or suit may commence unless(1)the mediation does not occur within sixty(60)days after service of notice,(11) the mediation occurred but
did not resolve the dispute,(iii) or a statute of limitation would elapse if suit was not filed prior to the sixty(60)days after service of notice.
If the matter is later referred to arbitration,the arbitration shall be conducted in Pierce County The arbitrator shall be appointed within
(60) days of the arbitrators' receipt of a written request to arbitrate the dispute. The arbitrator shall be authorized to provide all
recognizable remedies available in law or equity for any cause of action that is the basis of the arbitration(to the extent such remedy is not
otherwise precluded under this Agreement),provided that(i)the arbitrator shall not have the authority to award punitive damages,and(ii)
each party shall bear it own costs and attorneys fees related to the arbitration.
11. Force Majeure.
Consultant shalt not be responsible for damages or delays in performance caused by Force Majeure,acts of God, or other events beyond
Its control.
12. Claims byCLLENT
In the event the CLIENT makes a claim or brings any action against Consultant for any act arising out the performance of these services,
and the CLIENT fails to prove such claim or action,then the CLIENT shall pay all legal and other related costs and expenses incurred by
Consultant in defense of such claim or action.
13. Judicial Jurisdiction
Except for actions, such as for enforcement of mechanic's liens, which are required by statute to be brought in a specific venue, in the
event that litigation is instituted under the terms of this Agreement, the same is to be brought and tried in the judicial jurisdiction of the
court of the county in which the jobsite Services are performed. CLIENT waives the right to have the suit brought, or tried in, or removed
to,any other county or judicial jurisdiction.
Page 3
Krazan and Associates,Inc.
With Offices Serving the Western United States
14 Consequential Damages.
Neither Party shall be liable to the other for consequential damages,including,without limitation,loss of use or loss of profits,Incurred by
one another or their subsidiaries or successors,regardless of whether such damages are caused by breach of contract,willful misconduct,
negligent act or omission,or other wrongful act of either of them
is. Governing Law&Survival
The laws of the State of Washington will govem the validity of these terms,their Interpretation and performance If any of the provisions
contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be
impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause.
16. Indemnity
To the fullest extent permitted by law, CLIENT agrees to Indemnify, hold harmless, and defend Consultant and their respective officers,
directors, shareholders, employees, and sub-consultants (collectively "Indemnities') from and against any and all claims, demands,
causes of action, damages, liabilities,including reasonable attorney's fees and costs of defense(collectively"Claims")that arise from or
are alleged to arise from any negligent acts, errors, omissions, misuse of electronic files, or breaches of this Agreement by CLIENT, its
agents, officers, employees, or sub-contractors CLIENT also agrees to indemnity, hold harmless, and defend Indemnities from and
against any and all claims for payment, liens, or other encumbrances recorded against real property, asserted or filed by CLIENT or by
any person or entity hired by CLIENT.CLIENT'S obligations to indemnify, hold harmless, and defend apply separately to each Indemnity.
The indemnity obligations established under this Agreement wlll survive the expiration of termination of this Agreement.
17 Assignment
Neither CLIENT nor Consultant shall assign its interest in this Agreement without the written consent of the other.
1s. Hazardous Materials Discovery
CLIENT warrants that a reasonable effort to inform Consultant of known or suspected hazardous materials on or near the project site has
been made. Hazardous material may exist at the site where there is no reason to believe they could or should be present Consultant and
CLIENT agree that the discovery of unanticipated hazardous material constitutes a changes condition mandating a re-negotiation of the
scope of work or termination of services
is. Warranty of Authority to Sign
The person signing this contract warrants that he/she has authority to sign on the behalf of the CLIENT for whose benefit Consultant's
services are rendered. If such person does not have such authority, he/she agrees that he/she is personally liable for all breaches of this
contract and that in any action against him/her for breach of such warranty, a reasonable attorney's fee shall be included in any judgment
rendered.
20. Entire Agreement.
This Agreement between the parties consists of these terms,the Proposal by the Consultant, and any exhibits or attachments noted in the
Proposal. Together, these elements will constitute the entire Agreement superseding any and all prior negotiations, correspondence, or
agreements either written or oral. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the
parties. This agreement was developed to be fair and reasonable to both parties One or more waivers of any term,condition or covenant
by either party shall not be construed as a waiver of any other term, condition or covenant.The terms of this agreement will prevail over
any different or additional terms in CLIENT's purchase order or othor forms unless agreed In writing by Consultant. The parties
acknowledge that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to be bound
accordingly.
Krazan and Associates,Inc. Shiets Obletz Johnsen
Signature Date Signature Date
SAMUEL H.HYATTI BRANCH MANAGER
Print Name&Title Print Name&Title
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Krazan and Associates, Inc
With Offices Serving the Western United States
ATTACHMENT B
KA Proposal No.P07158WAP
July 6,2007
SPECIAL INSPECTION AND TESTING SERVICES
DESCRIPTION Visits Hrs/Ea RATE COST
Soils Technician 30 240 $60.00 $14,400.00
Asphalt Technician 5 40 $60.00 $2,400.00
Soils Sample Pick-Up 5 $40.00 $200.00
Proctor Analysis 5 $195 00 $975.00
Sieve Analysis 5 $95 00 $475.00
Extraction/Gradation 2 $225.00 $450.00
Rice Density Analysis 2 $110.00 $220.00
y` Subtotal $19 120.00
Concrete Technician
(footings/Grade Beams,Walls,Pile Caps,Slabs) 50 400 $50.00 $20,000 00
Concrete Technician (Support Inspector) 30 240 $50.00 $12,000 00
Concrete Technician (Pre Cast Panels) 20 80 $50.00 $4,00D.00
Concrete Technician (Auger Cast Piles) 35 280 $50.00 $14,000.00
Concrete Technician (Concrete Paving) 5 20 $50.00 $1,000.00
Masonry Technician 20 80 $50 00 $4,D00.00
FrolinctaryAnchor Installation 30 120 $50.00 $6,000 00
Concrete Compression Samples 1000 $20.00 $20,000.00
MortartGrout Compression Samples 250 $20.00 $5,000.00
Prisms 10 $100.00 $1,000.00
Sample Pick-Up N/C 0 $0.00 NO CHARGE
Trip Charge N/C 0 $0,00 NO CHARGE
Subtotal $87 000.00
Diaphram In echon 20 80 $50 00 $4,000.00
Light Gauge Framing 201 80 $50 00 $4,000 00
Trip Charge I N/Cl 0 $0 00 NO CHARGE
Subtotal $8,000.00
Fabrication Shop 30 120 $65.00 $7,800.00
Structural Steel Erection
(Weldmgtboltmg,MT,PT,UT,CWI Services) 99 792 $65 00 $51,490.00
Structural Steel Erection(Support Inspactor) 30 240 $65.00 $15,600.00
Fire Proofing Technician 20 80 $65.D0 $5,200.00
Density Analysis 20 $40.00 $800.00
Adhesion/Cohesion 15 $75 00 $1,125.00
Trip Charge I N/C 0 $0,00 NO CHARGE
Subtotal $82 005.00
S(MXVI WO 1S s
Project Management 1 35 $95.00 $2,975.00
Report Preparation 30 $45.00 $1,350 00
Subtotal $4,325.00
ANTICIPATED BUDGET $200,450.00
Notes: Costs or construction testing an Inspection services are highly epen ant on contractors sc e, ivex
er,
overlapping of work and other factors. Therefore, the quantities listed In our cost estimate should be considered
approximate. Krazaa&Associates,Inc.does not control the work,staffing or production rate Therefore,the estimate
provided above does not Imply a lamp sum fee,not-to-exceed fee or guaranteed maximum price. A four-hour mialmum
portal-to-portal charge applies to each Inspection. Regular time charges are Monday through Friday,from 7 a.m.to 4:00
p.m. Other arrangements available upon pre-approval
Page 5
Krazan Associates,Inc.
With Offices Servicing the Western United States
MAYESTESTING ENGINEERS, INC LynnwoodCedar Valley Road
Suite 110
Lyn"vood,WA 98036
ph 425 742 9360
Jul 10 2007 tax4257451737
y Tacoma Office
10029 S Tacoma Way
Suite E-2
Mr. Ethan Bemau Tacoma,,a
Taco WA 98499
Shiels Obletz Johnsen ph2535843720
700 Fifth Avenue, Suite 2475 fax 253 584 3707
Seattle, WA 98104 norraod Office
7911 NE 33rd Drive
Suite 190
7211
Re: Testing and Inspection Services Portland, 1 15
Amiga Center at Kent tax�z8 7s 9
Kent, WA
Mayes Testing Engineers Proposal No. 27273T
Dear Mr. Bernau,
We are pleased to provide you with our proposal for testing and inspection services for
the Amiga Center at Kent project. This proposal is based on our review of the plans
dated 6/14/07 and the Mortenson Construction schedule dated 5/31/07 Final costs
may vary up or down depending on the contractor's scheduling of the work. All services
will be billed at reduced rates in accordance with the attached Fee Schedule "G" and
General Conditions. Please note these rates represent a 20% discount from our current
rates.
We understand the scope of work to include (Please see attached Factors Affecting Estimate)
Reinforced Concrete Inspection
• Augercast Concrete Inspection
• Baseplate Grout Inspection
• Epoxy Grouted Anchor Inspection
• Expansion Anchor Inspection
• Masonry Inspection
• Structural Steel Fabrication Inspection
• Structural Steel Erection Inspection
• Ultrasonic Testing
• Fireproofing Inspection
We assume all soils related testing and inspection will be performed by the geotechnical
engineer of record. We assume structural steel members will come from a local Puget
Sound area fabrication shop.
Mayes Testing Engineers, Inc. is a full-service testing and inspection agency. We are
fully certified and perform all tests in accordance with ASTM and IBC/UBC standards.
We have the largest staff of WABO registered inspectors in the state to support your
project. Washington State Professional Engineers directly supervise all inspection
activities. As an integral part of the project team, we work with our clients to provide
realistic testing and inspection budgets with no hidden charges. Our clients are not
charged for cylinder pick-up, mileage or secretarial services. Our clients will only be
invoiced for actual work performed including project management. A four-hour
Page 2 of 2
Mr Ethan Bernau
July 10, 2007
MTE Proposal No,27273T
minimum charge per call applies to all inspections and time will be charged portal-to-
portal from our Tacoma office A premium rate of 1 5 times the regular rate will be
charged for all work outside of normal working hours or in excess of 8 hours per day
and on Saturdays, Sundays and Legal Holidays. Payment is net 30 days from date on
invoice.
We trust that this provides you with the information you require If you have any
questions or if we may be of further assistance, please do not hesitate to call. If you
find this proposal acceptable, please sign and return one copy to our office We look
forward to your favorable response.
Respectfully Submitted,
MAYES TESTING ENGINEERS, INC.
aul J_ Myers
Estimator
pmyers@mayestesting.com
Michael S. Dolder, P.E. Accepted By:
Vice President Title:
mdolder@mayestestrng com Date:
Attachments: Factors Affecting Estimate
Cost Estimate
Fee Schedule "G"and General Conditions
MAYES TESTING ENGINEERS, INC.
Amiga Center at Kent
Testing and Inspection Services
Factors Affecting MTE Estimate No. 27273T
In preparing this proposal, we have reviewed project drawings dated 6/14/07 and Mortenson
Construction schedule dated 5/31/07. Our estimate is based on the following factors:
1 Testing and Inspection Tasks: MTE will provide special inspection as outlined in the plans in
accordance with the building department requirements. This Includes inspection and testing of
augercast piles, reinforced concrete, epoxy and expansion anchors, structural masonry,
structural steel fabrication and erection, ultrasonic testing, and fireproofing.
2. Soils Inspections: We assume the geotechnical engineer of record will perform all soil related
testing and be on-site full-time during the augercast pile installation
3. Augercast Piles: Per project schedule, augercast pile installation will last approximately 48
>� days Estimate includes full-time inspection time for augercast grout sampling and reinforcing
steel verification. Estimate also includes the related laboratory test costs, assumes that one
set of samples are needed from per working day during augercast installation.
4. Concrete: We included inspection time for a 2-man concrete placement crew for all elevated
slab on metal deck placements. We also assume that all precast planks used on this project
will come from an approved source, so fabrication inspection will not be required
5_ Masonry:We assume that masonry inspection will be periodic with strength verification by the
prism testing every 5000 square feet of wall area, as well as mortar and gout samples-
6 Structural Steel: Inspection of structural steel will include visual inspection of all shop and field
welds and inspection of bolting requirements. Ultrasonic testing of full penetration welds will
also be required We assume that all structural steel members will come from a local Puget
Sound or Portland area fabrication shop
7. Engineering Support: It is vital that field personnel be fully supported by competent materials
engineers and managers This estimate includes project management time for meeting
attendance, report review, site visits, supervision, and consultation with structural engineer, mix
design review and welding procedure review We feel that no other competitor can provide this
level of management support_
MAYES TESTING ENGINEERS, INC.
Amiga Center at Kent
Testing and Inspection Services
MTE Cost Estimate No. 27273T
Estimated No. Extended
Item of Units Unit Price Total
Inspections
Reinforced Concrete Inspection 380 Hours 56.00/hr 21,280.00
Foundations. Estimate 12 inspections at 6 hours per inspection
Walls: Estimate 10 inspections at 6 hours per inspection
Resteel: Estimate 10 inspections at 4 hours per inspection
Slabs on grade: Estimate 6 inspections at 8 hours per inspection
Slabs on deck: Estimate 5 inspections at 16 hours per inspection(2-man crew)
Miscellaneous Estimate 20 inspections at 4 hours per inspection
Augercast Concrete Inspection 384 Hours 56 00/hr 21,504.00
Placement: Estimate 48 inspections at 8 hours per inspection
Baseplate Grout Inspection 20 Hours 56 00/hr 1,12000
Estimate 5 inspections at 4 hours per inspection
Epoxy Grouted Anchor Inspection 16 Hours 56.00 /hr 89600
Estimate 4 inspections at 4 hours per inspection
Expansion Anchor Inspection 32 Hours 56.00/hr 1,79200
Estimate 8 inspections at 4 hours per inspection
Masonry Inspection (Periodic) 120 Hours 56.00/hr 6,72000
Estimate 20 inspections at 6 hours per inspection
Structural Steel Fabrication Inspection 80 Hours 60.00/hr 4,80000
Estimate 20 inspections at 4 hours per inspection
Structural Steel Erection Inspection 240 Hours 60 00 /hr 14,400.00
Estimate 30 inspections at 8 hours per inspection
Ultrasonic Testing 50 Hours 65.00 /hr 3,250.00
Fireproofing Inspection 40 Hours 56 00/hr 2,240.00 1
Estimate 10 inspections at 4 hours per inspection
Project Management (Includes meetings, site visits, report
review, mix design review, and misc consultation) 50 Hours 90.00 /hr 4,500.00
Laboratory Services
Concrete Compressive Strength Cylinder Test 250 Each 20 00 ea 5,000.00
Masonry Prism Test (grouted orungrouted) 12 Each 110 00 ea 1,320.00
Masonry Mortar Compressive Strength Test 24 Each 20 00 ea 48000
Masonry Grout Compressive Strength Test 36 Each 20 00 ea 720 00
Grout Compressive Strength Test 15 Each 20 00 ea 300.00
Fireproofing Density Test 18 Each 80.00 ea 1,440.00
Augercast Grout Compressive Strength 200 Each 20 00 ea 4,000.00
MAYES TESTING ENGINEERS, INC.
Amiga Center at Kent
Testing and Inspection Services
MTE Cost Estimate No. 27273T
Estimated No. Extended
Item of Units Unit Price Total
Miscellaneous Services
Cylinder Pick-up No Charge
Mileage No Charge
Secretarial Services (Types reports,mad,postage, etc) No Charge
Final Letter No Charge
Total Estimated Costs: $ 95,762.00
A four-hour minimum charge per call applies to all inspections A premium rate of 1.5 times the regular will be charged
for all work outside of normal working hours in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays.
iPayment is net 30 days
i
l
MAYES TESTING ENGINEERS, INC.
Fee Schedule and General Conditions Page 1 of 3
MAYES TESTING ENGINEERS, INC.
FEE SCHEDULE -G
Inspection Services
Concrete, Post Tension, Reinforcing Steel, Shotcrete, Epoxy Grouted Anchors, 56.00/hour
Expansion Anchors, Masonry, Shotcrete, Grout,Waterproofing, Fireproofing,
Batch Plant, Seismic Resistance Systems, Roofing or Lateral Framing Inspection
Structural Steel/Welding Inspection 60 00 /hour
Intumescent Paint Inspection 60.00 /hour
Soils Technician 63 00 /hour
Asphalt Technician 63 00 /hour
Asphalt or Concrete Coring 75 00 /hour
Laboratory Technician 75.00 /hour
Senior Resident Inspector 60 00 /hour
Non-Destructive Testing
Ultrasonic Testing 65.00 /hour
Magnetic Particle Testing 65.00 /hour
Dye Penetrant Testing 65 00 /hour
Concrete Testing
Concrete Compressive Strength Cylinder Test (includes curing, breaking and report) 20.00 each
Mix Design: 1 Point Verification 300.00 each
3 Point Water Cement Curve 900.00 each
Concrete Care Compressive Strength Test(includes trimming and testing) 66.00 each
Trimming Cores 13.00 lend
Concrete Core Bit Charge 4.00 /inch
Concrete Flexural Strength Beam Test 45.00 each
Concrete Shrinkage Test(ASTM C157-set of 3) 300.00 each
Modulus of Elasticity Test 100.00 each
Splitting Tensile Test 75 00 each
Air Dry Unit Weight Test 40.00 each
Shotcrete Panel Test 135.00 each
#3-#9 Reinforcing Steel Tensile Test 60.00 each
#10-#18 Reinforcing Steel Tensile Test 85 00 each
Masonry Testing
Masonry Drying Shrinkage Test(set of 3) 300 00 each
Masonry Absorption, Unit Wt And Moisture Content Test 45.00 each
Masonry Prism Test(grouted or ungrouted) 110.00 each
Masonry Compression Test 55 00 each
Masonry Grout Compressive Stength Test 20.00 each
Masonry Mortar Compressive Stength Test 20.00 each
Masonry Efflorescence Test(set of 5) 80.00 each
Brick or Concrete Paver Compression Test 45.00 each
Bnck Efflorescence Test(set of 5) 85 00 each
Brick Absorption Test (24 hour soak) 45.00 each
Brick Absorption Test (5 hour boil) 70 00 each
Retaining Wall Unit Compression Test(up to 6"thick) 85.00 each
Retaining Wall Unit Compression Test (over 6"thick) 110.00 each
Retaining Wall Unit Absorption Test 45 00 each
Asphalt Testing
Asphalt Mix Design Test quoted on request
Asphalt Marshall Set Test(Row, stability, voids) 440.00 each
Asphalt Ignition&Gradation Test 200 00 each
Asphalt Stripping Test 30 00 each
Asphalt Fractured Face Count Test 75.00 each
Asphalt Core Bit Charge 4.00 Inch
Asphalt Core Density Test 35 00 each
Asphalt Rice Density Test 100.00 each
Asphalt Superpave Set Test(VMA, VFA and VA) 550.00 each
_MAYES TESTING ENGINEERS, INC.
Fee Schedule and General Conditions Page 2 of 3
Soils and Aggregate Testing
Sod Moisture Density Relationship Test(proctor) 200 00 each
Atterberg Limits Tests 110 00 each
Liquid Limit Only Test 65 00 each
Plastic Limit Only Test 45 00 each
Sand Equivalent Test 60.00 each
Sod Hydrometer Analysis 225 00 each
Soil Specific Gravity Test 85 00 each
Sod Moisture Content Test(natural) 30 00 each
California Bearing Ratio Test (CBR-with proctor) 550.00 each
R-Value Test 325.00 each
Sod Relative Density Test 225.00 each
Organic Matter Analysis (loss on ignition by weight) 60.00 each
Sieve Analysis Test(dry only) 130.00 each
Sieve Analysis Test(includes particles finer than #200) 200.00 each
Organic Impurities Test 45.00 each
Specific Gravities Coarse Aggregate Test 55,00 each
Specific Gravities Fine Aggregate Test 85.00 each
Unit Weight Test 45.00 each
Lightweight Pieces in Aggregate Test 80.00 each
Clay Lumps and Friable Particles Test 90.00 each
Degradation Test 135 00 each
LA Abrasion Test 135.00 each
Sodium Sulfate Soundness Test 200.00 each
Flat and Elongated Particles Test 90.00 each
Miscellaneous Testing
Nonshrink Grout Compressive Strength Test 20 00 each
Fireproofing Density Test 80.00 each
Moisture Emission Test Kits 30.00 each
Reduced Section Tensile Coupons Test 45 00 each
Machining Tensile Test Cost+ 15%
Stressing Strand Tensile Test (breaking strength only) 60.00 each
Macroetch Test(evaluation only) 50 00 each
Macroetch Test(sample preparation) 50.00 each
Weld Fracture Test 80.00 each
Ethylene Glycol Test 135.00 each
Test Machine&Operator 125 00 /hour
Engineering Services
Principal Engineer 120.00 /hour
Staff Engineer 100 00 /hour
Soils Engineer 100.00 /hour
Engineering Technician 90 00 /hour
Project Manager 90.00 /hour
NDE Level III Consultation 120.00 /hour
Special Testing Services
Engineering Crew(two man crew) 185.00 /hour
Condition Survey 100 00 /hour
Load Testing 100.00 /hour
Floor Flatness Testing 100.00 /hour
Pachometer Testing 100.00 /hour
Impact Echo Testing 100.00 /hour
Moisture Emissions Testing 100.00 /hour
Other
Mileage (charged only outside our regular service area) 0 60 /mile
Subsistence (lower49 states) Federal GSA Rate
Reimbursable Expenses (commercial travel, rentals, consumables, etc.) Cost+ 15%
Subconsultants Cost+ 15%
MAYES TESTING ENGINEERS, INC.
Fee Schedule and General Conditions Page 3 of 3
GENERAL CONDITIONS
1) A four-hour minimum charge per call applies to all Mayes Testing Engineers,inc.(MTE)inspections A premium rate of 1 5 times the
regular will be charged for all work outside of normal working hours in excess of 8 hours per day and on Saturdays,Sundays and
Legal Holidays. MTE requests 48 hours advance notice for scheduling our services For service requested with less than 24 hours
notice, MTE may not be able to guarantee seance.
2) The client understands thatno final letter of compliance will be issued to the building department for the project until all outstanding
invoices have been paid.
3) Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of work
ordered by Client is adequate and sufficient for Client's intended purpose Client shall communicate these General Conditions to
each and every third party to whom Client transmits any part of MTE's work MTE shall have no duty of obligation to any third party
greater than that set forth in MTE's proposal,Client's acceptance thereof and these General Conditions. The ordering of work from
MTE shall constitute acceptance of the terms of 1v1TE's proposal and these General Conditions
4) Client shalt cause all tests and inspections of the site,materials and work performed by MTE or others to be timely and property
performed in accordance wth the plans,specifications and contract documents,and MTE's recommendations. No claims for loss,
damage or injury shall be brought against MTE by Client or any third party unless all tests and inspections have been so performed
and unless MTE's recommendations have been followed. Client agrees to indemnity,defend and hold MTE,its officers,employees
and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and
reasonable attorney's fees in the event that all such tests and inspections are not so performed,or MTE's recommendations are not
so followed except to the extent that such failure is the result of the negligence,willful orwanton act or omission of MTE,its officers,
agents or employees.
5) MTE's work shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of
construction. MTE shall not be responsible for evaluating,reporting of affecting job conditions concerning health,safety or welfare.
MTE's work or failure to perform same shall not in any way excuse any contractor,subcontractor or supplier from performance of its
work in accordance with the contract documents
6) Unless otherwise agreed,test specimens or samples will be disposed of immediately upon completion of the test.
7) Invoices are due and payable upon receipt. Invoices not paid within 30 days of the date rendered will be assessed a finance charge
of one and a half percent per month,or fraction thereof,for each month beyond 30 days past due. Invoices not paid wdhm 60 days
may result in MTE stopputg work until such invoices rendered are paid in full Client will be responsible for all expenses incurred in
the collection of any unpaid balance,including collection agency fees,attorney's fees,and other legal fees
8) The extension of unit prices herein with quantities to establish a total estimated cost does not guarantee a maximum cost to complete
the inspection andfor testing for a construction project. The quantities when given are estimates based on contract documents and
schedules made availableat the time of proposal preparation. Since schedule,performance,production and charges are directed
and/or controlled by others,any quantity extensions must be considered as estimated and not a guarantee of maximum cost. The
term'Cost Estimate"does not imply a maximum contract amount,but only the extension value of our unit prices at the time of
proposal preparation. Alt rates and fees are subject to annual review_
9) MTE is covered by General Liability Insurance for bodily injury and property damage arising directly from our negligent acts or
omissions,with a combined single limit of$2,000,000 dollars aggregate. If Client requires additional coverage in excess of this
amount,and d procurable,MTE will take out additional General Liability insurance to the limits Client requires at clients expense
10) MTE will provide its professional services to Client,as defined by its scope of work with that degree of care and skip ordinarily
exercised under similar circumstances by members of its profession This representation is in lieu of any warranties or other
representations,either expressed or implied. It is also understood and agreed that statements made in MTE reports are opinions
based on engineering judgment,and should not be construed to be conclusive representations of fact If conditions different from
what are indicated in the reports come to Client's attention after receipt of the reports,it is recommended that Client contact MTE
immediately to authorize further appropriate evaluation.MTE agrees to hold harmless and to indemnify Client on account of any
damages due to bodily injury or property damage,or breach of contract,arising directly out of a negligent act or omission in the
performance of professional services by MTE;provided,however,that any such liability,or liability to any third party arising out of
MTE's performance of professional services,shall not exceed Fifty Thousand Dollars($50,000 00),or the total amount of the fee paid
to MTE for its work performed pursuant to this agreement,whichever amount is greater. In the event Client is unable to accept this
limitation,a surcharge of five percent(5%)of the total monthly invoice for services performed by MTE will be added to MTE's invoice
to Client.
11) Except to the extent specifically,addressed in Paragraph 10.Client agrees to indemnify,defend and hold MTE,its officers,
employees,agents and independent contractors harmless from any and all claims,suits,losses,costs and expenses,including but
not limited to,court costs and reasonable attorneys fees arising or alleging to have arisen out of the performance of MTE's work In
the event that Client or Client's principal shall bring any suit,cause of action,claim or counterclaim against MTE to the extent that
MTE shall prevail in such suit,cause of action,claim or counterclaim,the party initiating such action shall pay to WE the costs and
expenses incurred by MTE to answer and/or defend such suit,cause of action,claim or counterclaim,including reasonable attorneys
fees,court costs,witness fees and other related expenses.
MAYES TESTING ENGINEERS, INC.
ffia2AJJ;1TofB
onnation
uilcIOn
Engineering • Consultlng • Testing
July 9. 2007
Mi. Ethan Bernau Telephone: 206-615-1 113
Shiers Obletz Johnsen Fax 206-386-1831
700 Fifth Avenue 42475
Seattle, WA 98104
SUBJECT: Construction Materials Testing and Special Inspection
PSI Proposal No: 742-700197
Dear Mr, Bernau.
Professional Service Industries. Inc. (PSI) is submitting this proposal for construction materials
testing and special inspection services fot the Amiga Center at Kent Project located at 625
West James Street in Kent. WA.
PSI is operated by registered professional engineers and meets criteria set forth by (AS'fi'vl E-
329) and the Anneucan Association of 1.aboiatoiy Accreditation (A21-A). In addition we are also
S1 accredited by the American Association of State Highway and Transportation Officials
(AASHTO) and the US Army Corps of Engineers (ALOE) i he International Code Council
(ICC) and the Washington Association of Building Officials (WABO) certify our Inspectors and
technicians.
Thank you for choosing PSI for testing and inspection set-vices on your important project, we
appreciate your confidence in out quality ser�rces We look forward to ��orking �%ith you on this
project If you should require any additional information, please feel free to contact us at (253)
589-1804.
Sincerely.
PROFESSIONAL SERVICE INDUSTRIES, INC,
Ed«ard A. Smith i nda Kabrich
Branch Manager Regional Business De%elopment Manager
1'14"nmal Scn r__ ludu.Ine. Inn IOn'_;tiawh la.nm.r kkA -111 -le..nua Pk Al )ti449-21 i_Wr IAu3 -'i I:r
ENGINEERING, C'ONSt'l.I ING, llal fliiaES 'I FSTINC & 5111 CIA I INSPF(1'10NS
PROJECT DI.SCRIPTION
The Amiga Center at [teat project consists of the site development and the construction of a
Multipurpose event center including an ice hockey arena file structure will be suppotted on a
deep foundation systern consisting of pilings. pile caps, grade-beams and strucuual slabs-on-
giade. The stadium bOvvl will consist of Structural steel columns and taker beams suppoiung pre-
cast concrete seating units and pie-cast vomitotx calls Suite level flooring will be composite
metal deck and ieintoiced conciete on structural steel beams and columns as will the roof
structure for the love roofateas supporting mechanical units. The stadium ioof will be metal deck
on structuial steel beams supported by girder type structural steel trusses with hanging catwalk.
scoieboaid and rigging areas. The event floor will be a layered composite of structural conciete.
sand. insulation and top slab.
DEFINED SCOPE OF WORK
Piovide Special Inspection and materials testing in accordance with the 2006 International
Building Code and project specifications as duected by the client andlor their designated site
representative, Special inspections anticipated are soils/asphalt compaction conciete piles. per-
cast plant. ieuifoiced conciete construction, structural masonry. structuial steel visual
weld/bolting, non destructive examination. fireproofing and related construction materials testing
and special inspections. PSi is also available to piov ide geotechnical services for tilts project
upon request The following is a description of the anticipated services.
Soils Compaction and Control Services — The on-site inspector will nnonitor structural till
operations and perform in place density testing by nuclear densonneter Soils and base materials
will be sampled for laboratory analysis to verity compliance vvrth project specifications.
Laboratory analysis can typically include maximum dry density determination (Proctor) and grain
size distribution (sieve).
Asphalt Compaction - The on-site inspector will nnonitor deliver of hot mix asphalt and venty
tickets to verify compliance with mix design. The hot mix asphalt will be monitored for
temperature as delivered and placed. Dut ing placement of hot mix asphalt the on-site inspector vv ill
perform rolling pattern inspection to veal} optimum compaction is achieved b� use of a Troxler
Nuclear Densometer. Samples of the hot mix asphalt delivered to the site will be tested to verify
the maximum wet density by the Rice method (AASHTO T209) Also. the material "ill have an
Extraction(AASHTO T308) and Gradation (AASHTO Tl I &T27) pcitonned to verity nix design
requirements.
Reinforcint=- Steel Placement/Cast In Place Concrete - The on-site Inspector w ill pro\ide
periodic inspection of the placement of reinforcing steel to verify compliance with project
requirements for correct size. grade of steel. location. and clearance to lonms and/or earthwork
The on-site inspector will continuously momtoi placement of cast in place concrete to veritN
adherence to project specifications Each load, as required. will be checked for proper mix
design. watei/cennent ratio. batch weights. adherence to slump requirements. air content. as well
as proper methods of placement and consolidation. The level of entrained air testing is available
upon request. Samples will be taken on all concrete delivered to the project
Ma'
bNGI\ & SPECIM, iNSPFCPIONS
Expansion Bolt/Enov)' Dowel Installation - The on-site inspector will monitor la}out and
drilling foi both expansion bolt and epoxy threaded dowel installation. Inspection will include
depth of hole. diameter, cleanliness. and correct installation and tensioning of bolt to achieve
proper seating ol'wedge attachment Epoxy operations will be monitored foi xetification of the
mixed two-part components to ascertain proper installation. chemical reaction and setting of
Msture.
Structural Masonn- Inspection - The on-site inspector will provide inspection of reinforcing
placement and continuous observation of grouting opetations and verify compliance with piolect
specifications The mixing of mortar will be observed for compliance and sampled per AS Fill
C-780 Grouting of cells will be monitored and specimens created Giout analysis will confoun
to ASTM C-1019 fit accordance with the stnictutal design, tine nnasomy system requires Ic\el I
inspection and will have the compressive strength of the nnasonr verified during construction by
the full size prism method Masons prism testing will confoim to ASTM E-447. Inspection of
grouting mix will include compliance of batch tickets, mix design, consolidation during and after
grouting. and verification of compression strength using full size masonry prisms.
Structural Steel Fabrication and Erection - "File on-site inspector will provide periodic
observation of fabrication and erection of structural steel members and joists The inspector will
verity adjustments to tit inaccuracies with engineer and perform visual weld inspection of all
field welding in accordance with AWS D1 i and SJl specifications. Installation of high stiength
bolted connections will be monitored and proper installation and tensioning of all high strength
bolts will be verified Feeler gauges provided by the manufacturer will be used to verilj proper
tensioning of ail bolts that use load indicator washers and skid-more testing of lejune bolts will
be performed as required. Verification of metal decking installation will include gauge and type
of decking, support and anchorage welding. and button punching and seam stitch welding in
accordance with design drawings and project specifications and installation inspection of shear
studs whete applicable. These serti ices apply to all structural steel elements, including metal
decking,joists, stairs and miscellaneous shapes, and welding of reinforcing steel A mimmunn of
10% of fillet welds will be examined using magnetic particle examination methods, per 2006
IBC.
PSI has been in the forefront of compliance to regulations recommended by FEMA 353. We have
pro> ided e%tensive training and qualification testing of our personnel to %ciify that competence
in applying these new standards. In addition, our NDE Technicians are tested and certified for
their competence to the FENIA 353 requirements All NDT Testing will be performed by ASNT
Level II Technicians with the o%ersight of our ASNT Level Ill
PROJECTED BUDGET ESTIMATE
The projected rates below are for special inspections and materials testing for the Amiga Center
r Kent Project in Kent. WA Based upon the anticipated scope of woik. (lie total estimated
budget is S169,372.00. The attached cost estimate is anticipated to be used as a budget for
services onl) it does not represent a maximum or mrnunum fee Set vices requested but not listed
herein will be billed at our standard unit rates. This proposal is subject to the attached terms and
conditions.
ENGINLERING. C'O`tSUI,F NG, ,M V1 t MALS TI:ST1\G & SPEC'IAI. INSPECTIONS
ACCEPTANCE OF PROPOSAL
Upon acceptance of this proposal, please sign belo\\ and return it to PSI. Inc. at }our earliest
comenience. Signature of acceptance by an authorized person of the Shiels Obletz Johnsen Hill
render this proposal. its sections, terms, and conditions an agreement �Nith PSI.
Representative of Shiels Obletz Johnsen
-------- - -------------- -- — --- -
Signature/Date
Name(Painted or Typed)
Title(Printed or Typed)
ENGLNEEIUNG,CONSULTING, MATERIALS TESTING &- SPECIAL. INSPECT IONS
Shiels Obletz Johnsen
PSI Proposal No 742-700197
July 9 2007
ANTICIPATED PROJECT BUDGET
FOR
AMIGA CENTER @ KENT PROJECT
TYPE UNITS UNIT RATE TOTAL
SOILS/ASPHALT
Soils,As halt Technician 276 hours $49.00 hr St3,524.00
Proctor Analysis 8 each S 195 00 'ea S1,56000
Steve Analysis 8 each S95 00 'ea S760 00
Rice Density 6 each S 100 00 'ea S600 00
Extraction/Gradation beach S22500 ea S1,350.00
Trip Charge 70 each S30 00 ea S2,100.00
Re ort Preparation R Distribution 70 each S35 00 lea S2,45000
Project Management 14 hours $65 00 'hr S910.00
Subtotal $23,254.00
CONCRETE
Concrete Technician
(Piles) 396hours $4700 !hr S18,61200
Concrete Technician
(Pile Caps) 52 hours $47 00 hr S2,444 00
Concrete Technician
(Gi ade Beams) 52 hours S47 00 hr S2 444 00
Concrete Technician
(Elevator Pit Slat)on Gradc/Walls) 18 hours S47 00 hr S846 00
Concrete Technician
(16 inch Slab on Grade) 36 hours S47 00 ' hr S 1,692.00
Concrete Technician
10 inch Slab on Grade) 68 hours $47 00 hr S3 196 00
Concrete Technician
(Slab on Deck Root) 28 hours S47 00 hr S1,316 00
Concrete Technician
(Slab on Deck Floor) 20 hours S47 00 hr S940 00
Concrete Technician
(btiscellanous) 48 hours S47 00 hr S2,256 00
Precast Plant Technician 396 hours S47 00 hr S 18,612.00
Special Inspection Epoxy/Er ansion Anchor Installation 48 hours S47.00 hr S?256.00
Concrete Compression Samples 512 each S20 00 'ea $10 240.00
Sample Pickup 99 each S40 00 ea S3,96000
Trip Charge 179 each S30.00 ea I S5.370.00
Report Pre atation&. Distribution 179 each S35 00 ea S6.26500
Project Management 35 hours S65.00 ,'hr S2 275.00
Subtotal $82,724.00
ENGINEERING, CONStIL.TING, \IA"rERIALS'rF.S'I'ING & SPLCIAL INSPECTIONS
Shiels Obletz Johnsen
PSl Proposal No 742-700197
July 9. 2007
ANTICIPATED PROJECT BUDGET
m VmA Ur
FOR
AMIGA CENTER (a,) KENT PROJECT
TYPE UNITS UNIT RATE TOTAL
MASONRY
Masons'Technician 64 hours S47 00 /hr S3.008 00
Mason Prisms 12 each S95 00 ;ea S1,140 00
GroutiYlortar Compression Samples 84 each S20.00 /ea SI 68000
Sample Pickup 22 each S40 00 /ea S880 00
Trip Charge 22 each S30 00 'ea S660 00
Report Preparation & Distribution 22 each S35 00 ea S770 00
Project .Management 4 hours S65 00 (lit S260 00
Subtotal $8,398.00
STRUCTURALSTEEL
Structural Steel Visual WekUBolung
(Fabrication Shop) 126 hours S55 00 `ht S6,930 00
Non Destructive Examination- MT. UT. PT
(Fabrication Shop) 64 hours S60 00 'hr S3.840 00
Trip Charge
(fabrication Shop) 48 each 'I BD /ea TBD
Structural Steel Visual Weld/Boltine
(Site) 378 hours S55 00 hr $20,790 00
Non Destructive Examination - MT. UT, P'i'
(Site) 84 hours S60 00 hr S5.040 00
Special Inspector
(Fireproofing) 68 hours S47 00 'hr S3,196,00
Adhesion/Cohesion 20 each S65.00 lea S 1.300.00
Fireproofing Density Panels 20 each S65 00 lea S1,300 00
Trip Charge
(Site) 132 each S30 00 lea S3,960.00
Report Preparation & Distribution 180 each S35 00 /ea S6,300.00
Project Management 1 36 hours 1 $65 00 /hr S2,340.00
Subtotal $54,996.00
BUDGET TOTALS
TYPE Total
Soils/Asphalt $23.254.00
Concrete S82,724.00
Masonry $8.398.00
tructural Steel 54,996.0
ANTICIPATED PROJECT TOTAL $169,372.00
ENGINEERING, CONSI,LTING,MATERIALS 'rEST NG & SPECIAL INSPEC IIONS
Shiets Obletz Johnsen
PSI Proposal No. 7=42-700197
Jlll\ 9 2007
ANTICIPATED PROJECT BUDGET
FOR
AMIGA CENTER @ KENT PROJECT
' REMARKS:
1 Inspection services overtime is charged at 15 hires the basic rate Overtime rate applies to all work in excess of 8
hours per day, or work performed before 7*00 AM or after 3 30 PM, and on Sundays& Saturdays Work performed during
PSI-recognized holidays is charged 2 0 times the basic rate
2. To better serve our clients field inspection services should be scheduled by 3 30 PM the day before services are
required
3 A minimum of 3 hours will be charged portal to portal per assigned field inspector and any late cancellations
4 All contaminated sods and matenal tests will be charged twice the amount indicated in this fee schedule and the
material will be returned to client for disposal, after the test is performed
5 All samples will be disposed of after completion of testing Samples with Non-conformance test results will be retained
for 10 days after completion of testing
6 Should it be necessary, tests not capable of being performed in our Tacoma laboratory will be sub-contracted to a
qualified testing provider The use of outside testing sources shall notleopardize quality and shall be clearly identified on the
final report should they be used
7 A fuel surcharge shall be applied to invoices to offset the increase in fuel prices for a gallon of regular gasoline
Increases shall be made no more often than monthly
8 Report preperation fees are typically billed at one hour per person per visit and project management is typically billed
at two tenths of one hour per person per visit
E
I
GENERAL CONDITIONS
1 PARTIES AND SCOPE heOSFeaORgecteohn calrtanalyhcal Itestbngros lotherlservicetto be performed b;PSI
PSlsatsise,Ionh nnPSIs proposal id coul r its
ClientlS alal ccetptarrenthereofttanJ these IGen fallCormmafhe
far, Wot, n P
rSgT:anal r+Ork Ord ofad L",Clie°eeents aalso
b air u je than[es the datyl Conditions
aed agent oaf 5z+d partpll rtna purpose of ordering o d d recl ng said`ark Unless be done �othe.^PSI Ir se stated+n ra ent is nlgi�tg?el el t
a; .¢hall of e esc C Veo Va,ule ,
assumes sole rec o�Ions to each and every wil the third pa r/to venom Client 1 ansmtts an,pad of PSI s r Irk PSI shallthaver o doD'or obligation to am Ili rd pt Rrd greater Iron that ose Client
se$tar h PSI S 010
tries¢Ge Ent
C
pawl CI ants ordia rice o each and mere birdGen pal Conditions The t if anag of warp from PSI or the reliance on any of PSI s w,Ork shall cen;bWte acc¢ptaroP Of the terms of PSIS proposal Ina
It ese General Cunddians regardless of the leans of any subseg0emly issued document
site a loaned m accordance:'nth The
2,TESTS AUG INSPECTIONS Client shell cause all tests and InspecGers Of!ha site m710ua{s and:'.ark pail"❑ed be brought PSI or ethers to be hmel,and paoperl,p.• tests
plans soechraban>aria mndranddunlcss PSIS ecommeda os have bean olfov zdlow
C4enl agrees tto ndem+t,idetand a d hold PSI Rs nflf6a sLe aploy- third part),
z Unless
�,armteas join,an7 aria all
bons lice¢bean so parfor ¢ t,dt till such
ommendanslcsse not so Costs
stand Expenses tit except Ioctne extent that such fa�lue s the result
Of the negligenc psis ftc:-
e owillful or viantlotn act or Omission(I PSI t its nolhcerrsyagerls or elons are anplot so peesosrc?Ltred ttd the km-
dal+on contained in Paragraph 9 Pel
3.SCHEDULING
OF dRK The Set delay can ueS se,forth
in of Joe PSIS+ark or d I andupo Client 5 eiba k+MPlang c ts4:11 to PSI spequt ednW Stop lortmta+ruptithe progress O'ds�l,otk as a result lof charges an the scope
gnat ,
quotof e if PSI is reCtutcd to de to fulfill the requirements of third parties m'errupUansm the progressot construction or othercaus¢s beyond the tlueG reasonable control of PSI,addihoal'charges
be applicable aid ptyabe b,Client
4.ACCESS TO SITE Ci+ant vr,I arrange and oromde such access to iris site as is necessar,for PSi to Perform the w.o k PSI shalllake ra ratable mi,arures aria precautions to m,n mime damage re
s not
U z site
ordre u{asFPSI to mslore-the Site toits forn is lto mer Cara I aesult Of n upon vmNen request PSI equipmentat its I rfotm sachpadlJ+aonat',orkuas Is n eded IV is ssar,'¢to do so and Chen Cos[at 'agr of ees In pay to PSI f it
the costSI t[
dSL qEd hazardous 5 CLIENT'S DUTY TO NOTIFY ENGSIEaRassamee represents and
ng zrrespunts n>b -site
that
t,•or le admgesubsurface d PSI of any
b 2C15 struct or ures line;a'cond tst Cl'ent agrce��o d Ixndntlroaarmhj.,rd sin atPSI hh PSI is
to do work horaonde and unless
Il ann esl claims"03 caused fir contact d ex suQsurfacel or latent object sttructure f lines es os as ar corduPs P Pere the actualllortPote Ual pres-n zaa and location thereof respect z e not
tvea;td to PSI b/C!ant I's Ferformarica of its u k
sequences of Pwcduts of ConsUucuon PSI shall not be raspans
6 RESPONSIBILITY PSI s,%ark shag not Include detefrnmtng supervising Or tmplemenlmg the means rrelhods techniques -
ble for evaluating,2pommg O+attaching fob conidans concerning health safety or welfare PSI s e:ork or failure to perform same shalt note an+way excuse any contractor subcontractor or sup-
pler from performance.lepO of its.cork m accordance with the contract documents PSI has no right or duty to slop Ile contractor s v+mk
7 SAMPLE DISPOSAL Unless dtnensccc agreed m'th the test ct dospeci eas or samples vetf he disposed Immediately upon completion of the lest All drilling samples Or specimens v"it be disposed
sixty)601 daYS after submission of P51 s fePod
a PAYMENT Client shall be invoiced once each month for v,ork performed durng the preceding period Client agrees to pad each invoice ivalim in(1 )30)days of its race,pl Chemfurther agrees
to Pap+merest on all amounts mvoced and not paid or objected to for valid cause m wntmg vathm said thirty(30)day Pen od at fie axe Of eighteen(t a)percent per s,inchi court costs {or the maximum inter-
est rate permitted tinder applicable
alny pyonSlop or agreem:n9tees to pay equrnng oPproviding for St,s cost of collection
rbitration!altdisputes orue and cont controversies ansng out at tr sixty(60)hisyagteemeni9a y pro'+ewnt,�treren PSI vram¢reasonable Stany
fees PSI shall net /
roghts to a mecnut a ben,or any prow s+on cond honing PSI's right to receive payment for its work upon payment to Gl,ent by any Ih+rd pa ry Tees¢General Condmons are notice,c.here require
that PSI shall file a lien whenever necessary to collect pas¢due amounts Failure to make payment within 30 days of invoice shall constitute a release at PSI Tram any and all claims v,h+ch Client ma/
hava vrhether in tom contract or olhervl5e and vrhether known or unknown at the time RTS
GENERALACONDITIO SERVICES WILL BE
ID WITH GENERALLY PERFORMED,
CCEPTED PRINCIPLES AND PRACTAINED ANO ITS RE POICES IN P RFORMGEITSg RCOFOESSIONAL RDANCE SERVE SEITH ITS RVICES Witt USE MATDEGREE IOF CARE A�!THESE
O%PRESSOR EXERCISE UNDE STATEMENTS IN PSI REPORTS ARE OPINIONS BASED UPONRS OF ITS ENGINEERINGNG JUDG THIS EMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT
TY IS IN LIEU OF ALL 01HER WARRANTIES Oft REPRESENTATIONS HER
CE OF ITS WORK OR TO
BREACHED ANY EXPRESS OR
SHOULD
RED WARRANTY REPRESENTATION PROFESSIOEOR CONTRACT CLIENT ALL TPARTIES CLAIlAI Go HAVE BEEN lTHROuGH CLIENT AND AGENT IN THE ELL PARTIES CLAIMING TOET HAVE AVE EIN ANY ADE rNAY FEEL ED UPON PSI S WORK
AGREE THAT THE WARRANTY.
REP lE AGGREGATE AMOUNT OF THE LIABILITY OF PSI,ITS OFFICERS EMPLOYEES AND AGENTS SHALL BE LIMITED TO$25 ON 00 OR THE TOTAL AMGUNT OF THE
MOUNT IS GREATER
FEE PAID TO PSI FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT WHICHEVER A
IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI SUABILITY IN ACCORDANCEWIIH THE PROVISIONS SET FORTH IN THIS PARAGRAPH,CLIENT MAY UPON,VHICHEV R IS THE
OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF,INCREASE THE LO,IIT OF PSI S LIABILITY TO S250 000 00 OR THE AMOUNT OF PSI S FEE WHI[OT 10 AS THE
GREATS AS BEING AGREEING
CHARGE FORSNSUSUFA RANCE OF ANYlTYPO BUT is I NC AN DREASED CONSIDERATION FOR TNAL AMOUNT Of 51,OF THE OHE GREATER TAL FEE TO LIABILITY INVOLVED IN ANFOR psi S Y EVE CHAR E 1L ATTORNEYS FEESCE PENO OOBY
PSI Ifl CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE.MID ONLY ONE SUCH AMOUNT WILL APPLY TO TEf PROJECT
N l ACTION OR CLAP WHETHER IN TORT CONTRACT OR OTHERWISE MAY BE BROUGHT AGAINST PSI ARISING FROh10R RELATED TO PSI S WORK MORE THAN T +0 YEARS APT ER THE
GFSSATiOII OF PSI S WORK HEREUNDER
(D 1!lDEh1H1TY Sunlect to the foregoing limitations'PSI agrees to mdemmty and hold Client harmless from and against any and all claims,sorts,toss and expanses including lba reasonable a nr-
10 sties and court casts o tin f out of PSI s t do ns'PS In IrP extent of PGI s n¢girgenca Chen1 shall prow de the same poleAmn In the axiom,p rs es IIneglI
In the event That CI+¢nt Or'el
care Ael sit6 Conti co suit cause n`f PSI claim Or ceto at"la+m against PSI,the enc'++mnaurg Such acrmn snarl pa;to PSI the cos+sand e'Pens¢s m:wred by PSI to m+ed�gata airs•e+ann
caremi a ;+-tiro nq reasdnzbL at'Orr¢;s and,,,dness lees and cnnn cows lO Rho exten;tha+PS
shill Gre,'a 1 m such sir t per
11 TERMINATION-Thr Agrzameml may Ce lour natcd h'1 sonar parry upon se•.en days prior'.,,�ttea notice L-the e.ent Of lerm�nahon PST shall be compersated by Client for al!sari cis °
bared up`O and -Ths g the term na]b date +nG�d+ng rc nef 153ble axpenseS and let the comple'+On DI suct serv,cas and records an are racessar,tc place PSI's'files+m order ardc�proteC
r>prolesvcraf EPA than
12 EhlPLOYEESIWITNESS FEES PSI' empicy?=s shall ru;Ca re+a+n°a as etpe4 aetnzssas creep b;snPt If)
J PSI agreem:m CI cel l g+e>s to pay PSTs Leal P.pans-s ado,r strait cos r
r- , + P;I to re gold to air,sulroana Chan!agrees nit w,arP P51 S enrptv,e�s axcaTt thounP PSI In•I:t zrl Cl:znt n--s,PSI emnlC,'' I
znd fees p+,a,im to PS)s ll,' Cure tt I.e sehceele fe,
CI en+:^at1 pt;PSI;n an am I e,;,oM ro or�•half ut t w e+rDIO,se s anu:ral tel:s+la+) w,ituo d PSI'.'a:'+rg D•l+e rem°CPSr ma,hewn g°
r v fin jr F�J�rl Oi Cr+!?rUIll C 13LIil Or,n:.e'r ,g+Yi qc^a'aVan 1rar4pnrS tic atn'rt r'af2C-c'd a ipaSal of GC 1
I Ili)IstW J n":`$i 0 frffia'
1J HAZARDOUS MATERIALS i;cir'n:;sconiv 3Pp a—.r,trim tins agre,t i shah d c r,nst•uaJ L-r°r;a-�.1 as r�•+,'+t,7 P51 t;ass,m:I t a P
n ',.fPT KGRr,( qr l•a h:PJ,r* ('e<" rte '�=�'�n'p'3v J
iry�'.rJ".ip::ali -I',ail JS`I- 1153pP��° :•;�•:Gn tC=�'ilJ4rn •R��+air�r f"mFe"^ uLS+�l�5I7T+I':f re9LIa1J' C6 " r
71 PROVISIONS SEVERA6LE - - . -i,` h , - - ,, , .-• I`--�`
- -r• : - ill: --
1S ENTIREA,REEfiiElf(
' REPORT DISTRIBUTION LIST
Please indicate if you want copies of the reports to go to the entity
by filling in that entity,
' Project Name: Permit #
Project Address:
Site Contact:
Site Phone: Site Fax:
PSI Client Name:
' Client Address:
Client Phone: Client Fax:
Attn:
Billing Name:
' Billing Address:
If different than above
' Architect:
Mailing Address:
' Contact Name:
Phone: Fax:
' Structural Engineer:
Mailing Address:
' Contact Name:
Phone: Fax:
Local Municipality:
Mailing Address:
' Contact Name:
Phone: Fax:
' Contractor.
Mailing Address:
Contact Name:
Phone: Fax:
' *Concrete Supplier:
Mailing Address:
' Contact Name:
Phone: Fax:
' •,+then this is filled out, only copies of the concrete raports:^ill be sent to the concrete supplier
r
r '
KENT
V/hSHINGTON
r CONSULTANT SERVICES AGREEMENT
between the City of Kent and
r [Insert Consultant's Company Name]
' THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and [Insert Consultant's Co. Name] organized under the laws of the State of [Insert
' State Co. Formed Under], located and doing business at [Insert Consultant's Address and Phone Number]
(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
rplans and/or specifications:
[Insert Detailed Description of Work Consultant will be Performing]
1
r
r
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 [Type either "within" or "by"
rdepending on deadline in next form field] [Insert either a date specific or enter # of days, weeks, months,
years, etc.].
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed [Insert
r maximum dollar amount to be paid for services. You may type out the dollar amount and
place the numerical dollar amount in parentheses or you may just enter the numerical
dollar amount.] 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
rit for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of
rCONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as '
delineated in Exhibit A.
B. The Consultant shall submit [Enter monthly or quarterly] payment invoices to the City for ,
work performed, and a final bill upon completion of all services described in this Agreement.
The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City
objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to '
only pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this ,
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon '
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of '
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this ,
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national ,
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of '
this Agreement, except 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 EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
r
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 [Insert Exhibit #] 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.
' X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
' with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
' XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools,
or other articles used or held for use in connection with the work.
iXIII. 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.
rB. 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.
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 filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
' CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
r
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
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: By: ,
(signature) (s+gnature)
Print Name: Print Name: Suzette Cooke
Its Its: Mayor
(Title) (Tile)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ,
CONSULTANT: CITY OF KENT:
[Insert Contact Name] [Insert Name of City Rep. to Receive Notice] r
[Insert Company Name] City of Kent
[Insert Address] 220 Fourth Avenue South '
[Address - Continued] Kent, WA 98032
[Insert Telephone Number] (telephone) (253) [Insert Phone Number] (telephone) ,
[Insert Fax Number] (facsimile) (253) [Insert Fax Number] (facsimile)
CONSULTANT SERVICES AGREEMENT-4 r
(Over$10,000)
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APPROVED AS TO FORM:
Kent Law Department
1
CONSULTANT SERVICES AGREEMENT-5
(Over$10 000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY '
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all t
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 origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above. '
Dated this day of 200_.
By. t
For:
Title:
Date: ,
EEO COMPLIANCE DOCUMENTS- I ,
' CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
' SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
' 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
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.
1 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
rt
' EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement. '
I, the undersigned, a duly represented agent of Company, hereby ,
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) '
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent ,
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement. ,
Dated this day of , 200_ ,
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3 ,
REPORTS FROM STANDING COMMITTEES AND STAFF
! A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
E. PLANNING AND ECONOMIC DEVELOPMENT COMMIT E
F. PUBLIC SAFETY COMMITTEE
G. PUBLIC WORKS
H ADMINISTRATION
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REPORTS FROM SPECIAL COMMITTEES
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KENT
W A S H I N O T O N
OPERATIONS COMMITTEE MINUTES
JUNE 19, 2007
Committee Members Present Elizabeth Albertson, Les Thomas, and Tim Clark, Chair
Committee members Deborah Ranniger and Debbie Raplee were absent, and Councilmembers
Elizabeth Albertson and Les Thomas sat in their place.
The meeting was called to order by Tim Clark, Chair at 4:07 p.m.
1. APPROVAL OF MINUTES DATED JUNE 5 2007 -
I Les Thomas moved to approve the minutes of the June 5, 2007, Operation Committee
meeting. Elizabeth Albertson seconded the motion, which passed 3-0.
' 2. APPROVAL OF VOUCHERS DATED JUNE 15, 2007
Finance Director Bob Nachlinger presented the vouchers for June 15, 2007, for approval.
Elizabeth Albertson moved to approve the vouchers dated June 15, 2007. Les Thomas
seconded the motion, which passed 3-0.
3. CONTRACT FOR CONSULTING SERVICES FOR KENT POLICE/FIRE TRAINING
CENTER EXPANSION
Facilities Superintendent Charlie Lindsey presented the Contract for Consulting Services for Kent
Police/Fire Training Center Expansion. Mr. Lindsey advised that 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 116th Ave S E. with a $30,000 budget impact. Questions were
' raised by the Committee and Mr. Lindsey addressed those those questions.
Les Thomas moved to recommend council approve and authorize the Mayor to sign the
Consultant Services Agreement for TCA architecture planning. Elizabeth Albertson
seconded the motion, which passed 3-0.
The meeting was adjourned at 4:11 p.m.
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Renee Cameron
Operations Committee Secretary
0�
KENT
-W.3 r ING TO NJ
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
July 10, 2007
1 COMMITTEE MEMBERS: Ron Harmon,Bob O'Brien,and Les Thomas, Chair
• The meeting was called to order by Chair Les Thomas at 5.00 PM.
• Chair Thomas noted that one item from Police (#13) would be added to the agenda.
1. Approval of Minutes
Ron Harmon moved to approve the minutes of the June 12, 2007 meeting.
The motion was seconded by Bob O'Brien and passed 3-0.
2. Purchase of Fire Station Exhaust Extraction System-AUTHORIZE
Fire Chief Jun Schneider reviewed the system selection for this purchase.
Ron Harmon moved to recommend authorizing the Mayor to enter into an agreement with Air
Exchange, Inc. to furnish the Plymovent vehicle exhaust extraction system for Stations 71 and
73 in the amount of S30,423, excluding Washington State Sales Tax.
The motion was seconded by Bob O'Brien and passed 3-0
3. Interlocal Agreement Regarding Zone 3 Special Operatons—ACCEPT and AUTHORIZE
Chief Schneider explained the purpose of the Interlocal agreement
Bob O'Brien moved to accept the Interlocal Agreement regarding Zone 3 Special Operations
and authorize the Fire Chief to sign said agreement.
The motion was seconded by Ron Harmon and passed 3-0.
4. Interlocal Cooperative Agreement between Valley Regional Fire Authoritv and City of Kent -
AUTHORIZE
Chief Schneider explained the purpose of the mterlocal agreement.
Ron Harmon moved to accept the Interlocal Cooperative Agreement between Valley Regional
Fire Authority and the City of Kent and authorize the Mayor to sign the agreement.
The motion was seconded by Bob O'Brien and passed 3-0.
5. Fire Department 2006 Annual Report—INFO ONLY
Chief Schneider distributed copies and reviewed the report.
6. Fourth of July Report—INFO ONLY
Chief Schneider and Police Chief Steve Strachan reported on fire and police calls throughout the
holiday period They noted that it was helpful that Parks Department had lighted city parks and
staffed some of the parks for the evening of July 4th
7. Kent Rotary$150 Donation-ACCEPT
Chief Strachan reviewed the proposed use of funds
Bob O'Brien moved to recommend that Council accept the donation from Kent Rotary in the
amount of$150 and place this on the Consent Calendar for the July 17, 2007 Council Meeting.
The motion was seconded by Ron Harmon and passed 3-0.
8. Kent Police Employees Benevolent Association $150 Donation -ACCEPT
Chief Strachan reviewed the proposed use of funds
Ron Harmon moved to recommend that Council accept the donation from Kent Police
Employees Benevolent Association in the amount of$150 and place this on the Consent
Calendar for the July 17, 2007 Council Meeting.
The motion was seconded by Bob O'Brien and passed 3-0.
9. Washington Traffic Safetv Commission $31,000 grant-ACCEPT
Chief Strachan reviewed the proposed use of funds for the purchase of school zone flashing
beacons/lighting to be used in legally marked elementary school zones
Bob O'Brien moved to recommend that Council accept the Washington Traffic Safety
Commission grant in the amount of$31,000.
The motion was seconded by Ron Harmon and passed 3-0.
10. Ordinance Declaring Graffiti a Public Nuisance- ADOPT
Chief Strachan introduced Tom Guilfoil, Assistant City/Prosecuting Attorney,and the proposed
amending ordinance was reviewed
Ron Harmon moved to recommend that Council adopt the proposed ordinance which amends
Kent City Code section 8.01.030 to declare graffiti a public nuisance.
The motion was seconded by Bob O'Brien and passed 3-0.
11. Penalty Increase for Parking Commercial Trucks on City streets in Violation of the Kent City
Code Ordinance—ADOPT
Tom Guilfoil, Assistant City/Prosecuting Attorney, explained the purpose for the penalty increase
Bob O'Brien moved to recommend that Council adopt the proposed ordinance which amends
Kent City code sections 9.38.130 and 9.38.140 to increase the penalty for parking large
commercial trucks on residential streets from $25 to $250.
The motion was seconded by Ron Harmon and passed 3-0.
12. Safe Rental Housing Ordinance— UPDATE "
Chief Strachan and City Attorney Tom Brubaker reviewed the most recent changes to the proposed
ordinance Julie Johnson,President of the Rental Housing Association of Puget sound and Tony
Branson, Attorney for Olson Law Firm and representing the Manufactured Housing Communities of
Washington, stated some concerns with the proposed ordinance
13. Washington Traffic Safety Commission "Drive Hammered—Get Nailed" grant—
AUTHORIZE and ACCEPT
Chief Strachan reviewed the program and the proposed use of funds.
Ron Harmon moved to recommend authorization of the application and placing the acceptance
of the Washington Traffic Safety Commission grant in the amount of$4,500.00 on the Consent
Calendar for the July 17,2007 Council Meeting.
The motion was seconded by Bob O'Brien and passed 3-0.
The meeting adjourned at 6:12PM.
Jo Thompson
Public Safety Committee Secretary
Public Safety Committee Minutes 2
July 10,2007
PUBLIC WORKS COMMITTEE MINUTES Page 1 of 31
July 16, 2007
COMMITTEE MEMBERS PRESENT. Committee Chair Debbie Raplee absent. Committee Member
Deborah Ranniger sat in on Raplee's behalf. Council Members Ron Harmon and Tim Clark were
present. The meeting was called to order at 5:00 p.m.
ITEM 1- Approval of Minutes Dated June 18, 2007:
Committee Member Ranniger moved to approve the minutes of June 18, 2007. The
motion was seconded by Harmon and passed 3-0.
ITEM 2 - Approval of Minutes Dated July 02. 2007:
Committee Member Ranniger moved to approve the minutes of July 02, 2007. The
motion was seconded by Harmon and passed 3-0.
ITEM 3 — East Hill Water Reservoir:
Chad Bieren, Engineering Supervisor stated the Public Works Department was awarded a Public
Works Trust Fund Pre-Construction Loan on May 15, 2007 by the Washington State Public Works
Board. The loan is for $1-million and would be applied to project design and permits for a new
water reservoir to be located at the Kent East Hill Operations Center site. He went over the loan
terms and stated that the low interest rate on these loans saves the City considerable expense
versus bonding costs and interest. Questions were raised by the Committee, about the location of
the reservoir Chad Bieren addressed those questions by noting that a separate Conditional Use
Permit process would be required before the reservoir could be constructed.
Harmon moved to recommend the Mayor be authorized to execute the Public Works
Trust Fund Pre-Construction Loan Agreement for the East Hill Water Reservoir in the
amount of $1,000,000, establish a budget for the funds and direct staff to sped the
money accordingly. The motion was seconded by Ranniger and passed 3-0.
ITEM 4 — 116`h Avenue SE — Testing & Inspection Services:
Tim LaPorte, Deputy Public Works Director, briefly explained the 116th Avenue SE-Materials Testing
1 & Inspection Services requires professional services to test the materials installed as part of the
construction of this project to insure that the work meets the design and specifications outlined in
the contract and that materials, labor, and equipment are that for which the City agreed. Public
Works Engineering currently does not have staff to do this work.
Ranniger moved to recommend authorization for the Mayor to sign the Jason
Engineering & Consulting Businesses, Inc., Contract Agreement for the 116th Avenue SE
— Materials Testing & Inspections Services for an amount not to exceed $167,075, upon
concurrence of the language therein by the City Attorney and the Public Works Director.
The motion was seconded by Harmon and passed 3-0.
ITEM 5 — 2007 Asphalt Overlays — Testing & Inspection Services:
Tim LaPorte, Deputy Public Works Director, briefly explained the 2007 Asphalt Overlays -Materials
Testing & Inspection Services requires professional services to test the materials installed as part
of the construction of this project to insure that the work meets the design and specifications
outlined in the contract and that materials, labor, and equipment are that for which the City
agreed. Public Works Engineering currently does not have staff to do this work.
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U•%PwcommtteelMmutes\PWMmutes 07 16 07 doc
PUBLIC WORKS COMMITTEE MINUTES Page 2 of 31
July 16, 2007
1
Harmon moved to recommend authorization for the Mayor to sign the Jason Engineering
& Consulting Businesses, Inc., Contract Agreement for the 2007 Asphalt Overlays -
Materials Testing & Inspections Services for an amount not to exceed $40,705, upon
concurrence of the language therein by the City Attorney and the Public Works Director.
The motion was seconded by Ranniger and passed 3-0.
ITEM 6 - Kent Events Center Floodplain Mitioation - Geotechnical Service:
Tim LaPorte, Deputy Public Works Director, briefly explained the Kent Event Center Floodplain
Mitigation -Geotechnical Services requires professional services to inspect the project to insure that
the work meets the design and specifications outlined in the contract and that materials, labor, and
equipment are that for which the City agreed. Due to the number of Capital Projects occurring
simultaneously, this is work over and above the City's own staff capability to provide adequate
inspection. Questions were raised by the Committee, Tim LaPorte addressed those questions.
Ranniger moved to recommend authorization for the Mayor to sign the GeoEngineers,
Inc., Contract Agreement for the Kent Events Center Floodplain Mitigation project for an
amount not to exceed $28,737, upon concurrence of the language therein by the City
Attorney and the Public Works Director. The motion was seconded by Harmon and
passed 3-0.
ITEM 7 - Conoressional/Leaislative Suoport Contract - Tim Thompson. Thompson Smitch
Consultina:
Mike Mactutis, Environmental Engineering Manager said that the City has been one of the leaders
in brining items to construction Mactutis went on to explain that in October 2000, the U.S. Army
Corps of Engineers (USACE), in partnership with 17 local jurisdictions, non-profit organizations and
the Muckleshoot Tribe, completed the Feasibility Report for the Duwamish/Green Ecosystem
Restoration Project (ERP). The focus of the ERP is the design and construction of 45 habitat
restoration projects throughout the Green/Duwamish watershed. This contract will support the
City of Kent's effort, on behalf of Watershed Resource Inventory Area 9 (WRIA 9) Forum, to secure '
the FY08 Energy and Water Appropriation request.
Harmon moved to recommend authorization for the Mayor to sign the contract, upon
concurrence of the language therein by the City Attorney and Public Works Director, with
Thompson Smitch Consulting Group for $70,000 to provide the City of Kent assistance to
secure the FY08 Energy and Water Appropriation request. The motion was seconded by
Ranniger and passed 3-0.
ITEM 8 - 106t" Avenue SE Sewer Main Extension & Latecomers Agreement:
Tim LaPorte, Deputy Public Works Director explained that the developers cost of constructing 652
feet of 10" sewer main was $171,579 This extension can ultimately serve approximately 88
neighboring parcels The Department is requesting that a latecomer agreement be established,
requiring affected parcels to pay a pro-rata cost of the sanitary sew rain line extension when
tapping, connecting or benefiting from the extension. Questions were raised by the Committee,
Tim LaPorte addressed those questions.
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PUBLIC WORKS COMMITTEE MINUTES Page 3 of 31
July 16, 2007
Ranniger moved to recommend council accept the Latecomer Agreement and its
referenced exhibits for the 1061h Ave. SE sewer main extension between the City and the
developers of the Silver Creek, Wildwood Ridge 1 & 2, and Henderson Short Plats, upon
approval of final terms and conditions acceptable to the City Attorney and the Public
Works Director. The motion was seconded by Harmon and passed 3-0.
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ADDED ITEM
ITEM 9 - Solid Waste Handling Service - Ordinance Amending KCC 7.03.050
Tom Guilfoil, Assistant City/Prosecuting Attorney stated that the City Council recently substantially
amended chapter 7 03 of the Kent City Code relating to garbage collection services in the city of
Kent by its adoption of Ordinance No. 3832 on March 20, 2007.
Staff recommends an additional revision to KCC 7.03.050 to clarify the duty required of property
owners, landlords, and tenants to prevent spillage and overflow of garbage on their properties.
This code revision will provide the City's code enforcement officers with the tool necessary to
effectively address code violations relating to garbage overflow. Questions were raised by the
Committee, Mike Mactutis and Tom Guilfoil addressed those questions.
Harmon moved to recommend council adopt the proposed ordinance which requires
residential and commercial properties prevent garbage and other waste from
overflowing on their properties. The motion was seconded by Ranniger and passed 3-0.
Item A. Committee Follow-uo Items
School Zone Improvements - Grant program through the Police Department. Materials
have been ordered and are scheduled to arrive on August 17. We will do everything we
can to install the signs before school starts.
Item B. Public Comment Follow-up Items
Item C. Access Modifications Due to Construction
Adiourned:
The meeting was adjourned at 5:38 p.m.
Next Scheduled Meeting:
Monday, August 6, 2007 at 5:00 p.m.
Cheryl Viseth,
Public Works Committee Secretary
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