HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/15/2008 I
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� City of Kent
City Council Meeting
Agenda
t
July 15, 2008
Mayor Suzette Cooke
Debbie Raplee, Council President
� Councilmembers
� Elizabeth Albertson Ron Harmon
Tim Clark Deborah Ranniger
j Jamie Danielson Les Thomas
KENT
WASHINGTON
City Clerk's Office
KENT CITY COUNCIL AGENDAS
KENT July 15, 2008
WA5HINGTON Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie ,
Ra lee President
Rap lee,
Elizabeth Albertson Tim Clark Jamie Danielson
IRon Harmon Deborah Ranniger Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Connected Community Mike Carrington 60 minutes
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. Councilmember Oath of Office
B. Public Recognition
C. Community Events
D. National Night Out Proclamation
E. Public Safety Report & Swearing In Ceremony
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Tract X/Haley's Ridge Subdivision - Accept
D. DCI Engineers Consultant Agreement, Construction Standards -
Authorize
E. Jason Engineering Consultant Agreement for Soils Testing - Authorize
F. King County Interagency Agreement for Generator Transfer Switch -
Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
G. Washington State Military Department Grant - Accept and Authorize
Contract
Z H. Haley's Ridge Final Plat - Accept
I. Jail Industries Board Grant - Accept and Amend Budget
7. OTHER BUSINESS
A. Kent Events Center Supplemental Budget Authority - Approve
8. BIDS
A. North Park Sanitary Sewer Rebuild
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Library. The Agenda Summary page and complete packet
are on the City of Kent web site at www.ci.kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service 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.
jA) FROM COUNCIL, ADMINISTRATION, OR STA�f
B) FROM THE PUBLIC
i
PUBLIC COMMUNICATIONS
A) COUNCILMEMBER OATH OF OFFICE
,"
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B) PUBLIC RECOGNITION
C) COMMUNITY EVENTS
D) NATIONAL NIGHT OUT PROCLAMATION
E) PUBLIC SAFETY REPORT & SWEARING IN CEREMONY
Kent City Council Meeting
Date July 15, 2008
Item No. 6A - 6B
CONSENT CALENDAR
1 6. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consene Calendar Items A through I.
Discussion
Action C L b l N1 Lam'
I6A. Auuroval of Minutes.
Approval of the minutes of the regular Council meeting of July 1, 2008.
6B. Approval of Bills.
Approval of payment of the bills received through June 15 and paid on June 15
after auditing by the Operations Committee on July 1, 2008.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/15/08 Wire transfers 3301-3318 $6,231,128.21
6/15/08 Regular 621313-621850 3,250,018.70
Void Checks 621326 & 621756 (357.11)
Use Tax Payable 3,771.17
$9,484,560.97
Approval of checks issued for payroll for May 16 through May 31 and paid on
June 5, 2008:
Date Check Numbers Amount
6/5/08 Checks 305175-305479 $ 247,738.22
6/5/08 Advices 231302-232043 1476,208.78
Total Regular Payroll $1,723,947.00
Interim Payroll (void & reissue)
Check Void 304083 ($46.51)
5/22/08 Check Issued 305174 $46.51
$0.00
Approval of checks issued for payroll for June 1 through June 15 and paid on
June 20, 2008:
Date Check Numbers Amount
6/20/08 Checks 305480-305803 $ 239,074.77
6/20/08 Advices 232044-232790 1470,001.99
Total Regular Payroll $1,709,076.76
Kent City Council Meeting
KENT W A S H I N O T O N July 1, 2008
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor
Cooke. Councilmembers present: Albertson, Clark, Harmon, Ranniger, Raplee and
Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council. Administration, Staff. (CFN-198) No items were added.
B. From the Public. (CFN-198) Continued Communications Item 10A was added at
the request of an audience member.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) There were no items of public recognition.
B. Community Events. (CFN-118/198) Ranniger announced 4t" of July activities,
the summer concert series, and the farmers market on Saturday. Raplee announced
events and entertainment at Cornucopia Days. Parks and Community Services Director
Jeff Watling announced that Lori Flemm, Superintendent of Parks Planning and
Development, recently received a Citation of Merit, which is given to one professional
from the state per year, and recognizes her for what she has done for the profession
for over twenty years.
C. Suburban Cities Association Update. (CFN-198) Karen Goroski, Executive
Director of the Suburban Cities Association, gave an update of the purpose and
activities of the Association, including long range goals and the creation of public
policy positions.
D. Employee of the Month. (CFN-147) Public Works Director Larry Blanchard
announced that Laura Haren, Public Works Storm Facilities Technician, has been
chosen as Employee of the Month. Her supervisor, Greg Reed, pointed out Ms. Haren's
willingness to help out, her successful development of the Fats, Oil and Grease (FOG)
program, and her mentoring, among other things.
iADDED ITEM
Chamber of Commerce Executive Director. (CFN-198) Mayor Cooke introduced
the new Executive Director of the Chamber of Commerce, Andrea Keikkala.
E. Economic Development Report. (CFN-825) Kurt Hanson outlined new
businesses which have recently opened in Kent.
F. Kent Events Center Update. (CFN-1305) Ben Wolters noted that the project is
approximately 60% complete and that the opening date will be no later than January 2,
2009. He reported on a budget request for $5,900,000 for the facility, noted that
Requests for Proposals from concessionaires are due this week, and said the Kent
School District plans to have all 2009 high school graduations at the Center.
1
Kent CityCouncil Minutes Jul 1 2008
Y ,
CONSENT CALENDAR
Raplee moved to adopt Consent Calendar Items A through N. Clark seconded and the
motion carried.
A. ARDroval of Minutes. (CFN-198) The minutes of the regular Council meeting of
June 17, 2008, were approved.
B. Approval of Bills. (CFN-104) There were no figures for approval.
C. Department of Social & Health Services Interlocal Contract Amendment for
Safe Havens Services. (CFN-118) The Mayor was authorized to sign the State of
Washington, Department of Social & Health Services Interlocal Contract Amendment,
for $50,000 to fund Safe Havens services, and the expenditure of funds in the Safe
Havens budget were approved.
D. Home Investment Partnerships Program Interlocal Cooperation Agreement
with King County. (CFN-118) The Mayor was authorized to sign the 2009-2011
HOME Investment Partnerships Program Interlocal Cooperation Agreement with King
County for affordable housing programs, subject to final terms and conditions
acceptable to the City Attorney.
E. Around the Clock Lease Agreement. (CFN-239) The Mayor was authorized to
sign the lease agreement with Around the Clock to rent the City-owned building located
at 422 West Titus Street.
F. King Conservation District Reimbursable Grant for ReLeaf 2006. (CFN-1246)
The King Conservation District grant of $9,718.36 to fund the ReLeaf 2006 project was
accepted, the expenditure of funds in the Clark Lake Management Plan budget was
approved, and the Mayor was authorized to sign all necessary documents.
G. Easement Agreement with WV68 for Landscaping Puget Trail Property.
(CFN-118) The Mayor was authorized to sign the easement agreement with WV68 for
landscaping a portion of the City's Puget Trail property, subject to final terms and
conditions acceptable to the City Attorney. The City's property is currently covered
with invasive plants, primarily Himalayan blackberry, and the landscape buffer would
not impact the trail system. This arrangement is similar to a landscape buffer
previously granted to the Boeing Gateway Business Park.
H. Easement Agreement with WV68 for Fire Truck Turn Around on Puget Trail
Property. (CFN-118) The Mayor was authorized to sign the easement agreement with
WV68 for a fire truck turnaround on a portion of the City's Puget Trail property, subject
to final terms and conditions acceptable to the City Attorney. A fire truck turnaround is
required as a condition of the building permit. City staff suggests granting an ease-
ment on a portion of the City's property for the fire truck turnaround and would be
granted in exchange for WV68's maintenance of the easement areas and the City
property located between the Puget Trail and the easement areas.
2
Kent City Council Minutes July 1, 2008
rI. Maintenance Acireement with WV68 Landscaping on .Puget Trail Property,e e v
(CFN-118) The Mayor was authorized to sign the maintenance agreement with WV68
for a portion of the City's Puget Trail property, subject to review and approval by the
City Attorney. The Council is granting WV68 a landscape easement and a fire truck
turnaround on City property in exchange for WV68's maintenance of the easement
areas and the City property located between the Puget Trail and the easement areas.
This maintenance agreement includes the terms for such maintenance.
J. Commute Trip Reduction Agreement Amendment. (CFN-171) The Mayor was
authorized to sign the Amendment to the Commute Trip Reduction Implementation
Grant Agreement, with the Washington State Department of Transportation, upon
concurrence of the final terms and conditions by the City Attorney.
K. 2nd Avenue & Harrison Street Improvements fund Transfer. (CFN-1298)
I The Mayor was authorized to transfer $800,000 from the remaining 228th Corridor
West Leg project funds to the 2"d Avenue - Harrison Street Improvements portion of
the Town Square Plaza Project to fund those street improvements adjacent to the Town
ISquare Plaza Project.
L. Limited Street License with Level 3 Communications, LLC. (CFN-274) The
Mayor was authorized to sign the Limited Street License Agreement between the City of
Kent and Level 3 Communications, LLC, upon concurrence of the final terms and condi-
tions acceptable to the City Attorney-
M. Limited Street License with AT&T Corporation. (CFN-274) The Mayor was
authorized to sign the Limited Street License Agreement between the City of Kent and
AT &T Corporation, upon concurrence of the final terms and conditions acceptable to
the City Attorney.
N. August 5, 2008, Council Meeting Time Change. (CFN-198) A change in the
time of the August 5, 2008, City Council meeting from 7:00 p.m. to 5:00 p.m., was
authorized and the City Clerk was directed to give notice of the time change in the
same manner as a special meeting. National Night Out is an annual event designed to
bring neighborhoods together for community enhancement and crime prevention.
National Night Out occurs on the first Tuesday in August, which conflicts with the City
Council meeting scheduled on the same night.
OTHER BUSINESS
A. Meridian Banks Rezone Ordinance. (CFN-121) The Council is considering
adoption of an ordinance relating to land use and zoning, specifically the rezoning of
one parcel totaling 6.3 acres of property from Single Family Residential 4.5 units per
acre to Single Family Residential 6 units per acre. The property is located at 25840
135th Lane Southeast. The Kent Hearing Examiner held a Public Hearing on February 1
and February 15, 2006; and May 10, May 23, and August 15, 2007. The Hearing
Examiner issued Findings, Conclusions, and a Recommendation for approval on
October 15, 2007.
3
I Jul 1 2008 '
Kent City Council Minutes y ,
On November 20 2007 Council voted to remand this matter back to the Hearing
Examiner. At its next meeting, Council passed Resolution 1774 that included the
specific rezone issues to be considered during the remand proceedings. Prior to any
remand proceedings being held, a lawsuit was filed in Superior Court by the owner of
the Meridian Banks site asking the court to stop the matter from being remanded back
to the Hearing Examiner. In January, 2008, the court ordered the City not to take
action on the rezone until further order of the court. In February, 2008, the court
issued another order allowing the Council to vote on the merits of the rezone applica-
tion. This order was appealed by the owner to the Court of Appeals and a stay was 1
entered, again, not allowing the Council to take any action. Pursuant to an agreement
between the City and the owner, the court has issued an order allowing the Council to
vote on the merits of the rezone application.
The City Attorney explained the quasi-judicial process and the factors for Council-
members to consider. He determined that there have been no ex-parte contacts.
Lydia Morehead of Community Development gave a brief staff report. Albertson moved
to approve the Findings, Conclusions and Recommendations of the Hearing Examiner
on the Meridian Banks Rezone and to adopt Ordinance No. 3885. Raplee seconded and
the motion carried with Thomas opposed.
REPORTS
A. Council President. (CFN-198) Raplee encouraged citizens to consider the reason
for the 4th of July holiday. i
B. Mayor. (CFN-198) The Mayor thanked all who participated in the dedication of ■
Town Square Plaza, and reported on meetings she has recently attended.
C. Operations Committee. (CFN-198) No report was given.
D. Parks and Human Services Committee. (CFN-198) No report was given.
E. Planning and Economic Development Committee. (CFN-198) Albertson noted
that the next meeting will be held on July 14 at 5:00 p.m.
F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will
be a special meeting at 4:30 p.m. on July 8th.
G. Public Works Committee. (CFN-198) Ranniger noted that the next meeting will
be held on Monday, July 7, at 5:00 p.m., and that Councilmember Clark will attend in
her absence.
H. Administration. (CFN-198) CAO Hodgson reminded the community that the
August 5, 2008, Council meeting will start at 5:00 p.m. so that Councilmembers can
attend National Night Out festivities, and that there will be a special Council meeting at
5:30 on Tuesday, July 8, to interview candidates for the vacant Council position. He
also noted that a levy project is underway along the Riverbend Golf Complex, which will
affect the trail. He added that the golf course will be impacted until it's 20th
anniversary next spring.
4
Kent CityCouncil Minutes July 1, 2008
CONTINUED COMMUNICATIONS ADDED ITEM
A. Employee of the Month. (CFN-198) Charlie King, 26201 Military Road South,
Kent, noted that Merrill Vesper of Public Works has been the contact person for
residents of the area regarding an LID for sanitary sewers. Speaking on behalf of many
West Hill residents, she commended Vesper for preparing and making documents
1 available, for coordinating meetings between the residents and city staff, for never
taking sides, and for making the residents feel that their voices were heard. She urged
that Mr. Vesper be nominated as Employee of the Month. Hodgson agreed to provide
Ms. King's letter to the Employee of the Month Committee.
ADJOURNMENT
The meeting adjourned at 8:22 p.m.
Brenda Jacober, CMC
City Clerk
1
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5
Kent City Council Meeting
Date July 15, 2008
Category Consent Calendar - 6C
1. SUBJECT: TRACT X/HALEY'S RIDGE SUBDIVISION - ACCEPT
2. SUMMARY STATEMENT: Authorize Public Works to record a release of a
Tract X easement, King County Short Plat 776021, subject to approval of final
terms and conditions by the City Attorney and the Public Works Director.
A pending application for Haley's Ridge Short Plat requires the applicant to obtain
the release of this ingress/egress easement for future dedication to King County
as a county road. The Tract X easement is shown on page two of the short plat
recorded November 18, 1978.
3. EXHIBITS: Release of easement, Haley's Ridge map, Short Plat map, and
King County Short Plat 776021
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
tCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
' 6
r
WHEN RECORDED RETURN TO:
Property Management
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
1
Grantor: City of Kent
rGrantee: Haley's Ridge LCC, a Washington Limited Liability Company
Reference No. 7812131001
Abbreviated Legal Description: PTN NE NW, 32-22-05
Additional Legal Description on page 1 of Document.
Assessor's Tax Parcel ID No. 3222059147, 3222059148 & 3222059098
1
rRELEASE OF RIGHT TO ROAD DEDICATION
WHEREAS Kin Count Short Plat No. 776021 with Kin County Recording No.
9 Y � 9 Y 9
7812131001, includes a grant of right on page 4 of 6 providing that "[i]n the event
such private road is improved to King County standards for public streets and the
County is willing to accept the dedication of such road, each lot owner shall execute any
documents necessary to accomplish such dedication;" and
WHEREAS, the City of Kent has annexed the real properly discussed above and is
now the successor to King County's interests in the right described above. The City of
Kent has determined that right to future road dedication is no longer needed.
rRELEASE OF RIGHT TO ROAD DEDICATION- Page 1 of 2
(Haley's Ridge LLC and City of Kent)
r
r
7
The City of Kent hereby releases the right to future road dedication granted in '
King County Short Plat No. 776021 over Lot 3 and Lot 4.
GRANTOR:
Its:
Date:
STATE OF WASHINGTON )
ss.
COUNTY OF KING }
On this day of , 2008, before me a Notary Public '
in and for the State of Washington, personally appeared ,
to me known to be the of the CITY OF KENT, a Washington
municipal corporation that executed the foregoing instrument, and acknowledged it to be
the free and voluntary act of said municipal corporation, for the uses and purposes
mentioned in this instrument, and on oath stated that they were authorized to execute
said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day r
and year first above written.
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment expires
1
1
P:\Civil\Files\OpenFl les\0177-2008\Haley'sRldgeRelease0f rractXRlg ht.doc
RELEASE OF RIGHT TO ROAD DEDICATION- Page 2 of 2
(Haley's Ridge LLC and City of Kent)
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HALEY'S RIDGE
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WHEN RECORDED RETURN TO:
Property Management
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: City of Kent
Grantee: Haley's Ridge LCC, a Washington Limited Liability Company
Reference No. 7812131001
Abbreviated Legal Description: PTN NE NW, 32-22-05
Additional Legal Description on page 1 of Document.
Assessor's Tax Parcel ID No. 3222059147, 3222059148 & 3222059098
RELEASE OF RIGHT TO ROAD DEDICATION
WHEREAS, King County Short Plat No. 776021, with King County Recording No.
7812131001, includes a grant of right on page 4 of 6 providing that "[i]n the event
such private road is improved to King County standards for public streets and the
County is willing to accept the dedication of such road, each lot owner shall execute any
documents necessary to accomplish such dedication;" and
WHEREAS, the City of Kent has annexed the real property discussed above and is
now the successor to King County's interests in the right described above. The City of
Kent has determined that right to future road dedication is no longer needed.
RELEASE OF RIGHT TO ROAD DEDICATION- Page 1 of 2
(Haley's Ridge LLC and City of Kent)
i
1
11 '
The City of Kent hereby releases the right to future road dedication granted in '
King County Short Plat No. 776021 over Lot 3 and Lot 4.
GRANTOR: '
• By
Its:
Date:
STATE OF WASHINGTON )
ss. ,COUNTY OF KING )
On this day of , 2008, before me a Notary Public I
in and for the State of Washington, personally appeared A,
to me known to be the of the CITY OF KENT, a Washington
municipal corporation that executed the foregoing instrument, and acknowledged it to be
the free and voluntary act of said municipal corporation, for the uses and purposes
mentioned in this instrument, and on oath stated that they were authorized to execute
said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
NOTARY PUBLIC, in and for the State of Washington ,
residing at
My appointment expires
P:\Civil\Flles\OpenFlles\0177-2008\Haley'sRidgeReleaseOrrractXRight.doc
RELEASE OF RIGHT TO ROAD DEDICATION- Page 2 of 2 '
(Haley's Ridge LLC and City of Kent)
..... .....
TW
REVISION SHORT PLAT NO 71(LO21
T.-u- R-A_ KING COUNTY, WASHINGTON
CD CM This space reserved for APPROWL
I r*cord&r',w use Dejortmont of Planning and Com-ity Vawelopmnt
J.
suildbw and ram Development Division
0
Cliraminad 8" appmVed thle A-day of
o Sl Mwn onvem 19
1:2
It-,e4,1Z 4-le A::rl
93Z L Mwoggr, ftUding & Land %_v*1QVNm&t DIVIS101fl
a-
CP Departawnt, of Public No
rkx
Examined and approved this day of
C!Z Filed for record at th-
requamt of.
Director
WuIiam 611-rd
Name
vapartAwnt of A"esSMnLs
Examined and approved this day of
Return t^;
D"Iding A Land DaMup""t A A
460 XC Adagnieftution SM9
a".
SeaftZa, Washington 98104 VajiutV Assessor
IjF
^_NW
LEGAL DESCRIPTION
TOTAL PARCEL: The north 334-74 ft- of the South 354.74 ft- Of the N8 Of the
M- of the NW+ of Section 32, Township 22 North, Range 5 East, W.H., it
King County, Washington, except east 30 ft. conveyed to King County for
road by deed recorded under Auditor's File No. -739778.
- ft of the south he E*LOT 1: The north 257.71. �54-74 ft- of the NE4 Of t N
of the N0 of Section 32, Township 22 North, Range 5 East, W.M. in King County, Washington, except east 280 ft. thereof, together with an ease-
ment for agrees, ingress, and utilities over, under, and across north
30 ft./under Auditor's File No. 7608050662,,of west 250 ft. of east 280 it.
including that portion lying northeasterly of an arc of curve
having a radius of 25 ft., said curv6 being tangent to south line of said
north 30 ft. and being tangent to west margin of 108th Ave. SE.
Nov 2 ,1 SP
map an falls In Vault R F C 0;:,"t Ayc
MORN
Ml
AT ZC Tue north 77 ft. of south 97 ft. of the M of the M of the NO
'of Section 32, Township 22 North, Range 5 east# W.M., in King County,
Washington, except east 280 ft. thereof,together with an easement for
egress, ingress, and utilities over, under, and acron, north 30 ft. of
4
South 5o ft. nt vast 250 ft. of east 280 !t* therect..1noluding that per-
Al, .
C
tiou lying Southeasterly of the are of a curve.,having a radius of 25 ft.,,V)
T_C said curve being tangent to north line of said north 30 ft. and being
tangent to west margin of 108th Ave. S&
LOT 3: The east 280 ft. of the north 174-74 ft- of the south 354.74 ft.
of the Mss �� 4 rS ,
EJ of the NE* of the MV4 of section 32, Township 22 North, Range
3 east, W.M., in King County, Washington, except east 30 ft. thereof for
County roadrecorded under Auditor's File No. 2?39?78,,subject to an ease-
ment for egress, ingress, and utilities over, under and across north 30 ft.,r
under Auditor's File No. ?608050662 thereof,including that portion lying
northeasterly of an arc of curve having a radius of 25 ft., said curve
being tangent to South line of said north 30 ft. and being tangent to
West margin_of IOL a Ave. BE,
LOT 4: The east 280 ft. of the north 160 ft. of the south 180 ft. of the
NO of the NIk of the NW-4 of Section 32, Township 22 North, Range 5 East,
-All
W.M., in King County, Washington, except east 30 ft. thereof for County
road recorded under Auditor's File No. Z739778ppsubject to an easement for
egress* ingress, and utilities over, under, and across south 30 ft. thereof,
including that portion lying southeasterly of an are of a curve having a
radius of 25 ft., said curve being tangent to north line of said 30 ft. and
being tangent to west margin of loath Ave. SS.
N
P
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f!5 SL -114411 scale: ifI
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III ,I 1 1 1 !111 Im
l{! ^ ,P+h„.`t9rY/ � �,•S' $�l` n gSisi'Saulro01 A .d yS1i
v - j•:,fir%/:y '� � { �?, R �,� }}ppfh4+
pPdAMA1'ION OV COVZXMV1' NIQUIR Mti PdIVA'R CONSVM TZM AND I LUn a
o1 SNORT PLRT APPPAM PRIVATE lAMI AND QIMATION COOM 1MP11 `.
a AMIRS9 by RIM COMI". •3r
'Declaration of Covenant i
"In consideration of the approval by Xing County of short plathon
r^- i ,mwn thp-2 1 -.-, which said
plat eraatea the lour) described as
a1. 3-34 79' o e 5, 3S•A0r711' o F a!e
M 4E.'-nOAf 3.- 7Wt �t1 , l2 ��='� w.,yy• E Itc�I+7' r,03� 3a' �,
Nr7�r✓ea r rr&X d7x+Fosdr Coal v&yOfi To XnU6 eou R/+y srv,t RaAO
,.. 6y u,AMR! AuAi reef Arce ,vn. 736 718
04
~ the undersigned convenants and agreoi thato
' "1. The owneris) of the aforedeseribed prop-rty or of any lot which.
has been or is subsequently created on said property shall be responsible
for the financing for construction and maintenance cf all private toads
within said short plat. • '
"2. The roaO. shall be improved consistent with King County standards ='
for short plat private reads.
"3. Maintenance methods, standards, and financing shall be In a
manner determUed by the owners of a majority of the square footage of
builda)•lo '..Ad within such aforedescribed property.
{ 3`
*4. in the event such private road is improved to Ming County stag- `'•,=
dards for public streets and the County is willing to accept the
dedication of such road, each lot owner shall execute any documents
necessary to accomplish such dedication. <i
"5. owners of lots within the above referenced short plat, who are
' served by such private road, may sue and recover from any owner of any ,
r. lot within the short plat which is aimillarly served who refuses to
participate in the road construction, financing, and maintenance. Such "
m .arm who refuse to share the coats under the percentage set forth
above shall be liable for any attorneys fees.
sF
"6. Warnings wing County has no responsibility to build, improve, z •�;
maintain, or otherwise service the private roads contained within or
providing service to the above referenced property.'
„i. :i,• owner a :�•,
;t. STATE OF WASHINGTON)
i COUNTY OF XrNG ) as �'�'•:
N On is day personally appeared before ma
rag
r to me known as the avI va s) aesar`1D "La
;• gfx an w o execute r e -WI and foregoing instrument and acknowledge that R
they signed the same as their free and voluntary act wnd do", for the �t
` uses and purposen therein stated. `'
Given undo my hand and official seal this
:< day of he , 19ZOin am ras 1PA10,
i, ,3 :� _. r, o aahiagton, residing at •:,,,,.,
GPUI3L:u ',4
~err
3 dbore r2st Not pegs
•�'i.i,A ' �d• 1
y ^•s 1,•• .•n�` ��. '•'Y.,#Y'FF+l.r�• 1 VF•'fP^:•`h •'
ems, - •
V
a4h'
ERCLA RATICK:
Know all men by tbeve presents that we, the undersigned, awaor(s) In too
simple (and contract purchaner(s)]of the land herein described do hereby
make a short subdivision thereof purevan t to AM 58.17.060 and declare
this short plat to be the graphic representation of BAMS, and that said
short subdivision in made with the free consent and In accordance with
the desire of the owner(s). Y '
& and aeals.
in wi where we have.0 Pxn: f h t oul him
CYY 44/4 7,
C\1 e
f%-
ce,
Name
New None
STATE OF WASKINGrON.J..
county Of Finn
On this day varevoglig, appeared before mr WIM= X*Rov*31 Wedria 14 How U
is j WInlan R. AU*iod. and Owen Allard
to me Jiumn to be the Indirldwa described in and who executed the within and fbv"*Ug
,v instrument, and acknowledged that thee _signed the saws ax five and voluaftry
act and deed, for the uses and purposes thersin motioned.
GIVEN under my hand and official seal this *zg 78
ve
"45C.0
C)
L av o hington, '
at
Yenta Wanhingbon
C. 0--
4.
STATE OF NAMINOWN,l
04 A
county of
illy
Vj" On this dog personally appeased b@f0ZV M&
a.
;;I-W— in and who executed the within and 40"Yoliv
.4,• ;fi to me Amom to be the individual des
instrument, and aeftowledged Umt signed the sass as and vol-t-V
;= a"
act and dead, for the uses and vu- ,a mentioned.
GIVEN under xy hand and official Real this day of
19
ffo*=V public ix and for the State ;f-Washing Me
residing at,
Short Plat Number
&M ,
IN loll 11011111111
4 a u .h y.LNN4 g mlti
`f �7'Y.k.. 7�aF b•�..lj�, .v+w+,�r..:7,;,'��1+'�� .4 ,
j
y :F
MCLANATICK:
Snow a11 men by those presents that we, the =darslSaipd, owaer(s) in fee
simple Iand aonaraot pwrabaeer(s))of the land herein dweribed do hareby
r mate a short subdivision thereof parsmat to KJ $6.17.060 and declare
this abort plat to be the graphic representation of sans, sad that said
`t short subdIvIsios is made with the free consent and is accordance with
the desire of the oener(e).
` In witness whereof we have set our kinds and weals.
t
Rainier National Bank, Kent East office
Nun
�Y_ ! r Aaat. Leh;or
tame nuns
_ Rainier National Bdudt is ahOM in second
lion ooaition With Dead of Trust dated
ame MY 21, MIS Ram
t'— SCATS cw AAuffma . j
OCounty of King f a<
7 to" 2Sth dP of October �9 78 bdow mG the aadevip ,
i< e� a Motaty ldiio in and for the State of Watldnatoo,deny o mmbdoned emd s„ea,pemaa4 appeared
' Jackie Goetting emd riaL Johnson
CV to me known to be the Asst. Casmomw and Vets ger leuaa xmwpeafvelf of Kent East Office
r aAINIER NATIONAL BANK
Nt die eat on dot eaea fed die foregoing kwwmoaw tmd Kkwwkdged the rdJ ho rmemt to be the fine and wam q
~ earporetioo,for tie are and(capers,herein mentioned,and on oA rtatad diet
rP the:acid'.o#nasmt and tat t.le wed aff=d (if any)is the mtpseate said aorporuioo.
v`'t •. a cad otbdd seal beteto offend d w daf and ycu fixa_4bm vrictea
MAW Prb' f w ebr$rery of irarbh.pm j
v�tl�trL�iwaa. .o.umu'nw rrud+xa d�•
v, .r
rV
a;
STATE 08 WABBINOWN,countv of
i
on this day parsoaally appeased Aetlore so
t
;Y. Ca fee iCJlt7alh to eta tha UdIVIdual dMerrtbed Zi and arho &=Kmtod the 101thitt and OrejpDlR(t '
inatrettttadstr And 8o%bW1sdPa4 that signed the our as flea and volantasy
ti act and dead, !or the was and ynrpeaas�thaseia ssntlaced.
GIVEN under my hand and oftlolsl saal this day of . 29--
fi
ro" P0,110 is mad &r the,st ata of sashi»gtat,
r seddtny at
1 S4
i low
Short Plat Number Z-m gAi
r'h1"Yqf�:"� ��• �49'��it. �• Mai'974' 'lv.'+ �"�ia'Y! .rtfl..�,.l���M• �,� •. �,('.'• .. .-'. �:
ri�Yy w;'
r
I 19
SHORT PLAT NO 1752aZ
T. KING COUNTY, WASHINGTON
This space reserved for APPRMAL
recorder's use
Departmnt of Planning sad Community Development
d Building and farad Development Division
M
I llxeatalna^ and approved this day of
Ad:D
0 Manager, Building i Land Davviopmat Divisio
tv
u�
0 Department of Public Works
0
Examir..d and approved this _ day of
13
Piled for record at the
4�. request oft
D rector
M .liam Allard
a„d r
Kane
Department of Assesseenis
Exaauned and approved this , day of
� � �C'.7-��if!� • 19�a
� R+turn toe
Building 8 rand Development As sor
8 450 X0 Ad 1n{stz%:tion Bldg 1
a Seattle, Aaehirtgton 88104 t—
Deputy Assessor
NEB 3s st ex'-Q a 99' f
LEGAL DESCRIPTION
TOTAL PARCEL: The north 334.74 ft. of the south 354.74 ft. of the NEB' of the
NEZ- of the NO of Section 32, Township 22 North, Range 5 East, W.M., in
Sing County, Washington, except east 30 ft. conveyed to King County for
road by deed recorded under Auditor's File No. 2739778.
i
r
LOT 1: The north 257.74 ft of the south 354.74 ft. of the ni- of the NEJ
of the NO of Section 32, Township 22 North, Range 'j" East, W.M. in Sing t
County, Washington, except east 280 ftb thereof, together with an ease-
meat for egress, ingress, and utilities over, under, and across north
30 ft y under Auditor's File No. 7608050662,,of west 250 ft. of east 260 ft.
thereof including that portion lying northeast?rly of an arc of curve
having a radius of 25 ft., said curve being tangent to south line of said
north 30 ft. and being tangent to west margin of 108th Ave. SE.
Map an File in Vault
t� i s. ; i'b,;,,r• •C•� CM;!�7 +`�V'W,r9°,;�`:";'Fss'"n•f 5•,tl"y,�•�;� "'
3y,
M.
s IAT 2: The north 77 ft. of south 97 ft. of the NEI of the NEB of the NO
of Section 32, Tow..ehip 22 North, Range 5 east# W.M., in King County,
Washington, except east 280 ft* thereof,together with an eam meut for
egress, ingress, and utiliti.es over, under, and across north 30 ft. of
South 5o ft. of pest 250 ft. of east 280 ft. thereol including that por-
tion lying Southeasterly of the are of a curve having a radius of 25 ft.,
sai_ curve being tangent to north line of said nor;,h 30 ft. and being
tangent to west margin of 108th Ave. SE.
LOT 3: The east 280 ft. of the north 174.74 ft. of the south 354.?4 ft.
c?) of the NEk of the NEB of the NWJ of Section 32, Township 22 North, Range
IV 5 east, W.M., in King County, Washington, ex•:ept east 30 ft. thereof for
CO
N County road recorded under Auditor's File No. 2739778lsubject to an ease-
.' ooD ment for egress, ingress, and utilities over, under and across north 30 ft.,,
under Auditor's File No. 760803066Z thereof including that portion lying
northeasterly of an arc of curve having a radius of 25 ft., said curve
® being tangent to South line of said north 30 ft. and being tangent to
r = west margin cf 108th Ave. SE.
LOT 4. The east 280 ft. of the north 160 ft. of the south 180 It. of the
Uk of the Na of the NWT of Section 32, Township 22 North, Range 5 East,
W.M., in King County, Washington, except east 30 ft. thereof for County
.. road recorded under Auditor's File No. 2739778r subject to an easement for
egress, ingress, and utilities over, under, and across south 30 ft. thereof,.
including that portion lying southeasterly of an arc of a curve having a
r radius of 23 ft., said curve being tangent to north line of said 30 ft. and
;. being tangent to west margin of 108th Ave. SE.
r
r•
short plat No. 11U= page
•y`:�,t•:�_� �' !{ . }_ .• - .`tea
:'>E
•
' 77
Ktoq Ciiun4y hai t%a ire-cp e.AIW3 fa build, I'MAprave 4
pnj4*e rwids
f-ont&iAttd w4horN or pr40%cl't" servt(-& 46 44%&
414W 010AV%-P MC. XX-ZR V iwr- sx-ma-r
;13L r-.J
Ito
cm
CV
ZO 9A4 e I"V1J'r TVZAqLT- W- a 5- IdS
LOT' I
ti
o r
Lor X
----- -- - - -
40' FA&C-An i�. � '
7."-4r
Map an File In V&Utt
WfLJtAin E. A LLA Eb DtYectien: W c ,
T-L I-L I 103rA PL. S,E-
hwr w PAA i t3&Tt A) ct Cni
95%�Aqqa sc*le:
o
A%"* plat sm 77 1A.O 2-1 raq*J-11f-jz-
ROME
•I ;, t„, .S,y , , .,c,Ir ,�..,^sl,.. ...wait'•.,": ,,r
MONN
,y Nriiur+gwiuriiwii�a�.� �• .! •.�•,. ,
DSCCta"TtrN OF COVR mo RZQMMMB px.MTt ilpA�
OF SSOAF FIAT ApPWM P2MTX WAD, AND DIMZCII'h ZM TO TRli COMM1A03
RQ i '111
Rnn sY xm COiJ m.
"Declaration of Covenant
"in consideration of the approval by Ming County of abort plat
which said plat creates tLe lobs described as
f 1c` Owl z / v r- .t16�4' O� •td kF o1G
[{ A/. 334 A/� D F 5. A S kJH.7-V� 0 6 ,V E•/4
Secr)*" 3?- TLtrp -..1AJ S'eJ G"'UT aO r
j7#We*o NEFAFOIV`doe C-6;oeoyov ra .C/d/6 couR/ry9 ,tap /tO
oaf OGEQ B4eo0tOEd 44joe' .0p 1,fVef Face•' AW,
the undersigned convenants and agre,0- that:
11. The owner(s) of the aforedescribed property or of any lot which.
has $jean or is subsequently created on said property shall be responsible
C,) for the financing for construction and maintenance of 412 private goads
= N within said short plat.
"2. The road shall be improved consiatent with Xing County standards
CV for short plat privates roads.
ap "3. Maintenance methods, standards, and financing shall be in a
^� manner determined by the owners of a majority of the square fcotage of
buildable land within such aforedeseribed ps.Werty. f
4. in the event such private road is improved to Xing County star.- `
dards for public streets and the County is Milling to accept the
dedication of such road, each lot owner shall execute any documents
ents
( necessary to accomplish such dedication.
"S. owners of lots within -bA above referenced short plat, who are
served by such private road, may sue and recover from any owner of any 1
lot within the short plat which is similarly served who refuses to j
participate in the road construction, financing, and maintenance. Such tt
owners who refuse to share the costs under the percentage set forth
above shall be liable for any attorneys fees.
*G. !tanning: Xing County has no responsibility to build, improve,
maintain, or otherwise service the private roads contained within or
providing service to the above referenced property.'
L r
owners
�-
STATE OF WASHINGTON) e
{ COUNTY OF XiNG ) as
IOn is day personally appeared before me n ru 44
/( , to no known as the Mt Tin w s ?n
# and who execuuted M wits and foregoing instrument and ackaawladge that ,
! they signed the same as their free and voluntary act and dead, for the
uses and purposes therein stated.
Given uncle my hand and official Seel this
day of 6 r,l r/ , 14je �.-.... �
•N•1•
A.
•! g0� 'rY e' or N
o ashington, residing at
ro
short Pl*t Iro, Pg. 4_pt•SJ
.S
+h�,E •:;I � � ��i�'ti+s ,. , � , III M'`+ � N k
rv. 1.�,.. r.... 4 r •n .f JtCt� ..' .AK 5 s .. ' Y :•^•T�•: h+
rtw..+rw..r«+.rr, .� ..�«�. -- ........w...� ..�.rw..�r«�ww.«.�r� - ..,�...r...�...�r�...«.� �,•
• 1
COVEI+iANTB, CONDITIONS, AND RESTRICTIONS RUNNING 11iTR TIlB I.RND:
That portion(s) of T arT )4:JJ�/01A Ave. S.
which adjoins the subject surolvision is a Pablie r g t-o -way. it
is described in the King County Comprehensive Plan as a "local access
otreet or road" and is accordance with the standarde therein, may be
rea,ired to be improved for future County street, road or thoroughfare.
The owner, bin granteea aaf assilgns, hereby scree to participate
in, and/or not oppose or protest, the formation of a County Road
Improvement District (CRID) pursuant to RC4 36.88 or any Road Improve-
ment project sanctioned by King County, which is designed to improve
said street(s) and the Immediate street systems of which it is a part.
Timing of the formation of said GRID or other road improvement'
project s]iall be determined by Bing County. The street improvement
t, authorized by the CRID or other road improvement project shall call
04 for the improvement of said street(s) and its immediate street system
to at least the minimum King County road standards applicable to said
ty street(s) and the immediate street system at the time the CRID or
--other road project is formed; provided that, in situations where there ,
is a multiple ovaaership of properties participating in the formation
e`..of the CRID, or other road improvement project, if a majority of the
property owners want a higher standard, i.e., curbs, gutters, under-
ground drainage, etc., that standard shall prevail.
short P1et so: ` {�Qom^-� page
, c
skyv14u.
,tt•, "'� Y" '� ..a ,ia.wh,'�•.7 .a7'..',i^• ,t;'iR'SRd'74.S76rd �15.'� "ycw., mi
17
UECLAMTIOx:
Know all men by these presents that we, the un.ersigned, owner(s) in fee
simple (and contract purahaser(e))of th-% land herein described do hereby
make a short subdivision thereof pursuant to 8CT 56.17.)00 and declare
this short plat to be the graphic representation of same, and that said
short subdivision is made with the free consent and in accordance with
f the desire of the amer(s). r
}[ In w• ,nos whereof we have e t our hands and seals. /
Raffe
Name Name --
_ Name xa
= N
N I
STATE OF WASHINGrON,
Co
County et iCf ne I ( i
_ On this day perseaallg appeared before ma Nilliaat K.HaseU. Nedra I. Hoven
ijllitau $. Allard, and Owen Allard
to aw kno m to be the tadividual described in and vho executed she within and fo,RegDing
pe fnet.eum at• and acknowledged that they algned the same as _tb&j&fires and volum"
f act and deed, for the uses and purpas»a therein meationad.
GIVEN under my hand and official seal this 19tb"v of Mft .1g 78 .
4
�4'! '�•f�� �.. !c• n sad or the Statei/a�}birigCon,
{p +.ti ,�! s rear or dents Washington
.. t
STATE OF WASHINGTON,
County or
on this day personally appeared before ow _
to we known to be the individual demartbed in and who executed the within and faregairig �
_ icatrum me, and acknowledyad that signed the eam as free and aolmuzy
act and deed, for tun was and puspases therein mentioned.
GIVEN under my hand and official seal this day of
Nota Public in and thr the Stab o Maahiitgtan,
ry
residing at
" aoi
} Short Plat Number 77160,21
•r. S•rr--. ,^:^Y"_ •'e''&"" -„h".,y +'*' .�' i-., i.�.x ya. i�^-t t.....Tf.i,t^^,__..T_.
T.M C
,
pI13+ARATI�t
gnaw all insa by those presents that we, the esdersirned, owaett(s) is toe
simple (and oottraot purcbseer(s))of the land boreia desoribed do hereby
mate a short subdivision thereat purswast to MQ 6E.'k?,0 W and declare
this short plat to be the srapbio rePw~tatAM of same, and that said
abort subdivision to faads With the tree coaoest and is aoa=ordaaee with
the desire of the owair(s).
In witnese whereof we have set our hands and eeais. `
Reinter National Benko Kent East Offios
.... n ,
Ct3 !Heger
ams Raw
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Kent City Council Meeting
Date July 15, 2008
Category Consent Calendar - 6D
1. SUBJECT: DCI ENGINEERS CONSULTANT AGREEMENT, CONSTRUCTION
STANDARDS - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign a new 2008 contract
with DCI Engineers to complete work on a final draft for Construction Standards
and Specifications.
DCI Engineers has been working on the Construction Standards and Specifications
for over a year. The initial contract for $30,000 has been exhausted due to the
high number of comments and additions that City Staff had from the first draft.
3. EXHIBITS: Public Works Memorandum and Consultant Contract
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
iCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
29
•
KENT
W A 6 N 1 N G T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
D'Amato Conversano, Inc. d/b/a DCI Engineers
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and D'Amato Conversano, Inc. d/b/a DCI Engineers organized under the
laws of the State of Washington, located and doing business at 10900 NE 4th Street, Suite 1200,
Bellevue, WA 98004, Phone: (425) 827-2238/Fax: (425) 827-8986, Contact: Debbie Wick-
Harris (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide support to the City for the response to the draft
Construction'Standards Update. For a description, see the Consultant's June 17,
2008 Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
March 31, 2009.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Eighty Thousand Dollars ($80,000.00) for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the
work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed
amendment to this agreement. The Consultant agrees that the hourly or flat rate
j 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.
CONSULTANT SERVICES AGREEMENT - 1
(Over t10.000)
30
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will 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.
VIZ. 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.
The provisions of this section shall survive the expiration or termination of this
Agreement.
CONSULTANT SERVICES AGREEMENT - 2
(Over St10.000)
31
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, 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 Si 0.000)
32
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.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
CONSULTANT SERVICES AGREEMENT - 4
(Over S10.000)
33
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Debbie Wick-Harris Larry R. Blanchard
DCI Engineers City of Kent
10900 NE 4th Street, Suite 1200 220 Fourth Avenue South
Bellevue, WA 98004 Kent, WA 98032
(425) 827-2238 (telephone) (253) 856-5500 (telephone)
(425) 827-8986 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
DC!-Construction Stds 5/Glllespie
CONSULTANT SERVICES AGREEMENT - 5
(Over S10.000)
34
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. 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. Duringthe time of the Agreement I the rime contractor, will actives consider hiring and
g p Y 9
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. 1
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
35
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
36
CITY OF KENT i
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A 37
OLD'," C I
r r professional
UF services agreement
CLIENT: City of Kent DATE: June 17, 2008
ADDRESS: 400 W.Gowe St.
CONTACT: Mr. Mike Gillespie
PROJECT: Construction Standards Update JOB#:
LOCATION: Kent WA
SCOPE OF SERVICES:
DCI was asked to provide support to the City for the response to the draft Construction
Standards update. There are several tasks remaining to be completed:
Task 1—Complete comment responses to internal Draft Standards
1,147 comments have been received to date on the draft Standards. Many of the
comments received were for areas which we had been told were recently updated and did
1� not require updating. DCI has worked to respond to the comments and has completed
responses for approximately 400 comments. The scope of this task is to complete the
process of responding to the comment from the internal staff review of the Draft
Standards. One of the time consuming tasks has been responding to conflicting
1 comments on the same section or detail. The process to date has been for development
review staff(Evelyn& Mike)to collect and collate the responses. The City maintains the
written Standards and DCI has been maintaining and updating the details and comment
response matrix. DCI completes a preliminary review of the comment and assigns the
comment response a category. A Category 1 comment is a simple revision to the written
standards for City staff. A category two comment is a comment where DCI prepares a
revision to the Standards and provides the revision to the City for incorporation into the
written Standards. A category 3 comment is a recommendation by DCI with clarification
or direction required from the City on the response. Category 4 comments require
additional research and a category 5 comment response is a completed response (no
additional work required).
Task 2—Add Low Impact Development to the Standards
DCI has been asked to add a written section and details to the Standards which would
promote and encourage the use of low impact development technologies.
Task 3—Respond to Comments from the public on the Standards, Clarify responses to
Internal Draft Standards comments
Upon completion of Task 1 and Task 2,the Standards will be re-published by the City for
distribution to Contractors,developers and public stakeholders. The Standards will also
be re-distributed internally so that those who made comments can see how their
comments were responded to. It is anticipated that no new topics will be received from
City staff. The scope of Task 3 will be to attend public meetings,respond to comments
from Contractors, Developers and Public Stakeholder and address any concerns from the
comment responses on the internal Draft Standards. It is assumed that there will be 500
or fewer comments received.
Our schedule of expenses is attached to this additional service request. We will bill our
time hourly on an as-needed time and materials basis.
1
• ;r _ li .°:',_i; . .i,; 1 ;,, Bellevue :!Y-! ' 11WI y.v^,, . "'. ,f' �!�, . � __'• ,�_ -
38
professional
services agreement
Page 2
f
ENGINEERING FEES:
Description Fee Addition
1)Task 1 --Comment Response to internal Draft $45,000.00(Time&Materials)
1)Task 2--LID Addition $5,000.00(Time& Materials)
1)Task 3—Comment response to public $30,000.00 (Time&Materials)
TOTAL: $80 000 Time&Materials
DCl will proceed with work outlined above once authorization to proceed is received{this form is
signed by an authorized agent of the client and returned to our office. Billing will be per the
attached Billing Rate Schedule or Lump Sum,as noted above. Unless noted otherwise,
reimbursable expenses are separate from our fees and will be billed at 1.10 times direct cost.
Submitted By: Title:
Signature
Approved By: Title: Date:
Signature
Terms f Exhibit
Attachments: ❑ e sand ®Schedule o Expenses ❑ Exh bit A ❑ Other
39
SCHEDULE OF EXPENSES Em
DCI ENGINEERS a�
D'Amato Conversano, Inc.
Consulting Engineers
PROFESSIONAL SERVICES
Clerical and Administrative 501 40$/hr Project Manager 201 90$1hr
Clerical and Administrative 502 50$/hr Project Manager 202 100$/hr
Clerical and Administrative 503 80$/hr Project Manager 203 110$/hr
Project Manager 204 120$/hr
Technical Designer 401 50$/hr Project Manager 205 130$/hr
Technical Designer 402 55$/hr Project Manager 206 140$/hr
Technical Designer 403 60$/hr Project Manager 207 150$/hr
Technical Designer 404 65$/hr
Technical Designer 405 70$thr Senior Project Manager 251 110$/hr
Technical Designer 406 75$/hr Senior Project Manager 252 120$/hr
Technical Designer 407 80$/hr Senior Project Manager 253 130$/hr
Technical Designer 408 90$/hr Senior Project Manager 254 140$/hr
Technical Designer 409 100$/hr Senior Project Manager 255 160$/hr
Senior Project Manager 256 180$/hr
Senior Technical Designer 451 80$/hr
Senior Technical Designer 452 90$/hr Senior Engineer 101 120$/hr
Senior Technical Designer 453 100$/hr Senior Engineer 102 130$/hr
Senior Technical Designer 454 110$/hr Senior Engineer 103 140$/hr
Senior Technical Designer 455 120$/hr Senior Engineer 104 150$/hr
Senior Technical Designer 456 130$/hr Senior Engineer 105 160$/hr
Senior Engineer 106 180$/hr
Project Engineer 301 65$/hr Senior Engineer 107 200$/hr
Project Engineer 302 70$/hr
Project Engineer 303 75$/hr Principal Engineer 10 140$/hr
Project Engineer 304 80$/hr Principal Engineer 11 160$/hr
Project Engineer 305 85$/hr Principal Engineer 12 180$/hr
Project Engineer 306 90$/hr Principal Engineer 13 200$/hr
Project Engineer 307 95$/hr Principal Engineer 14 225$/hr
Project Engineer 308 100$/hr
Project Engineer 309 105$/hr
Project Engineer 310 110$/hr
Project Engineer 311 115$/hr
Project Engineer 312 120$/hr
REIMBURSABLE SERVICES
Original Plots and Architectural Plotting with Drawing Files Copies and Architectural Plotting with Plot Files
Media Size Fee Media Size Fee
Bond A-B Size $3.48/Plot Bond A Size $0.07/Plot
Bond C Size $4.75/Plot Bond B Size $0.14/Plot
Bond D Size $6.00/Plot Bond C Size $0.90/Plot
Bond E-El Size $9.48/Plot Bond D Size $1.14/Plot
Vellum A-B Size $5.25/Plot Bond E-El Size $1.80/Plot
Vellum C Size $7.10/Plot Color A Size $0.59/Plot
Vellum D Size $9.00/Plot Color B Size $1.20/Plot
Vellum E-El Size $14.20/Plot
Mylar A-B Size $8.70/Plot
Mylar C Size $11.85/Plot Out of Office $1.1 Ox Direct
Mylar D Size $15.00/Plot Services/Expenses Cost
Mylar E-El Size $23.70/Plot Personnel Transportation 0.485$/mile
April 2007
40
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,hired and
leased vehicles. Coverage shall be written on Insurance Services Office(ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors,products-completed operations,personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be
no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to
the work performed for the City using ISO additional insured endorsement
CG 20 10 1185 or a substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit.
41
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any Insurance,self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty(30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies. The
Contractor's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
CORD,., CERTIFICATE OF LIABILITY INSURANCE 1DATE
211'MM7DIYYYY)
,RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAMN
<ibble &Prentice, a USI Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
:1 Sox 370 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE PQUPIE&BEL0W.,,<, —
le, WA 98111 �, �
s #41.6300 INSURERS AFFORDING COVERAGE �, t i NAIC#
NSURED INSURER A: Charter Oak Fire Insurance Company 25615
D'Amato Conversano,Inc. INSURER B. Lexington Insurance Company ;, • 19437
10900 NE 4th Street,Suite 1200 INSURER C: General Insurance Company of America 9999
Bellevue,WA 98004
INSURER D. ;ry c-euct- ;.n; ;g °• . ,; ,�,., ",�;
INSURER E: .i .; ya C:5 si S•,:. ,r,+9I *w4
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SR POLICY
EFFECTIVE POLICY EXPIRATION
LTR NSR TYPE OF INSURANCE POLICY NUMBER E MMI DATEIMMIDDrNI LIMITS
A GENERAL LIABILITY 6802794L754 07118/07 07/18/08 EACH OCCURRENCE $1,000,000
X COMMERCtAL GENERAL LIABILITY DAMAGE TO RENTED $1 OOO OOO
CLAIMS MADE Q OCCUR MED EXP(Any one person) $5 00()
PERSONAL&ADV INJURY $1 0OO 000
GENERAL AGGREGATE $2 OOO 000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2 O0O OOO
POLICY a jE LOC
Ci AUTOMOBILE LIABILITY 24CC1350082 07/18/07 07/18/08 COMBINED SINGLE LIMIT
X ANYAUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
jeer acclderH)
GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND 6602794L754 07118107 07I18/08 we sLIMIT X OER
TM
EMPLOYERS'LIABILITY (WA Stop Gap) E.L EACH ACCIDENT $1 OOO GOO
ANY PROPRISTOWPARTNERIEXECUTIVE
OFFICERIMEMBEREXCLUDED? E.L•DISEASE-EA EMPLOYEE $1,000,000
I 1f yes,describe under E.L.DISEASE•POLICY LIMIT $1 OOO OOO
SPECIAL PROVISIONS below
B OTHER Professional 1156873 11/30107 11/30108 $1,000,000 per claim
Liability $2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
RE: Project No. DCI 06-12.012&06-12-021;
Project: Consultant Services Agreement.
The City of Kent is named as an Additional Insured on the General
Liability Policy,with respects to operations of the Named Insured.
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN
Public Works Engineering NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
220 Fourth Avenue South IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Kent,WA 98032.5895 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
I^7
ACORD 25(2001108)1 of 3 #M1824519 LKWJU 0 ACORD CORPORATION 198
DESCRIPTIONS (Continued from Page 1)
average is primary and non-contributory.
tS 25.3(2001/08) 3 of 3 #M1824519
Policy Number. BKO1429922 44
Liability Coverage Enhancement-
Architects and Engineers
ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABIUTY COVERAGEPART.
1. The followingreplaces the final paragraph of (a) Your negligence;or
p P 9 P
SECTION 11.WHO IS AN INSURED,I.:
(h) The negligence of another person or
However,noperson or organization is an insured organization for whom you are
with respect to the conduct of any current or past liable;
partnership, joint venture, limited liability
company or trust that is not shown as a Named (2) "Bodily injury'. "property damage',
Insured in the liability Coverage Part "personal injury" or 'advertising injury"
Declarations.This provision does not apply to you, for which such person or organization
for your participation in any past or present has assumed liability in a contract or
"unnamed joint venture% or if that person or agreement, except for liability for
organization is otherwise an insured under damages that such person or
Paragraph Z below. organization would have in the absence
of the contract or agreement;
2. The following is added to SECTION 11. WHO IS AN INSURED.2.: (S) "Property damage`to:
Person Or Organization Required By (a) Property owned, used or occupied
Written Contract by, or loaned or rented to, such
- person or organization;
Any person or organization that you agree to
add as an insured under this Liability (b) Property over which such person or
Coverage Part in a written contract or organization is for any purpose
agreement that is made before, and in effect exercising physical control;or
when, the "bodily injury" or "property (c) "Your work" performed for the
damage occurs or the offense that causes
the"personal injury"or"advertising injury" is insured;or
first committed,but only with respect to that (q) "Bodily injury', "property damage",
person'sor organizations liability arising out "personal injury" or 'advertising injury"
of "your work' for that person or arising out of any architect's, engineer's
organization. or surveyor's rendering of, or failure to
However, such person of organization is not render,any"professional service", when
an insured with respect to any: such person or organization is an
architect,engineer or surveyor.
(1) "Bodily injury, "property damage',"personal injury" or 'advertising injury" 3. The following is added to SECTION 11.WHO IS AN that does not arise out of. INSURED.
ri/13F 26 09 09 03 Includes copyrighted material of Insurance Services Office wilh its permission. Page f of 3
Copyright.Insurance services Office,Inc.2001
�i "Unnamed Joint Venture" insurance'. This insurance will then be45
• our participation in an applied as primary insurance for
You are an insured for
Y P P y damages for 'bodily injury', 'property
past or present'unnamed joint venture". damage% 'personal injury" or
'
However,you are not an insured if the"unnamed advertising injury" to which this
insurance applies and that are incurred
joint venture'has: by such person or organization, and we
a. Direct employees;or will not share those damages with such
'other insurance'.
b. - Owns, rents, or leases any real or personal
property. 6. The following is added to SECTION 1V.
CONDITIONS, 5. "Other Insurance", b. Excess
No other member or partner,or their spouses, of Insurance:
any past or present"unnamed joint venture'is an
insured. This insurance is excess over any 'other
insurance" whether primary, excess,
The following replaces SECTION III. LIMITS OF contingent or on any other basis that is
LIABILITY,2 b.: available to you for your participation in any
past or present"unnamed joint venture".
b. Will apply separately to the sum of all:
7. The fallowing is added to SECTION IV.
(1) Damages because of'bodily injury" and CONDITIONS,&Transfer Of Rights of Recovery
"property damage% under SECTION 1. And Proceeds Against Others To Us:
COVERAGE,A.Liability above;and
However, we waive any right of recovery and
(2) Medical payments for "bodily injury', proceeds we may have against any person or
under SECTION I. COVERAGE, B. organization that is added as an additional insured
Medical Payments above; under the Paragraph Person Or Organization
Required By Written Contract of SECTION 11.
arising out of each location listed in the WHO IS AN INSURED,2.:
Schedule of Premises or each of "your
projects";and a. Because of payments we make for "bodily
The following replaces SECTION IV. CONDITIONS, injury', 'property damage',"personal injury'
or 'advertising injur arising out of "your
5."Other Insurance",a.Primary Insurance.(2): work' in ongoing operations or included in
(2) However, this insurance will be the 'products-completed operations hazard';
considered primary to, and non- and
contributory with, 'other insurance" b. Performed under a written contract or
issued directly to a person or agreement that is made before,and in effect
organization added as an additional when, the 'bodily injury" or 'property
insured under SECTION 11.WHO IS AN damage' occurs or the offense that causes
INSURED,2: the"personal injury" or'advertising injury' is
(a) Paragraph h. Certain Additional committed;and
Insureds By Contract or c. You specifically agree in such written
Agreement;or contract or agreemdnt to waive those rights
(b) Persons Or Organizations of recovery and proceeds for such person or-
1 Required By Written Contract;
organization.
if you specifically agree, in that written B. The following are added to SECTION V.
contract or agreement, that this DEFINITIONS:
insurance must be primary to, and non-
contributory with, such 'other
C01 26 010111 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 3
Copyright,Insurance services office,Inc.2001
"Unnamed joint venture"means any joint venture 46
in which you are a member or partner where:
a. Each and every one of your co-ventures in
that joint venture is an architectural,
engineering or surveying firm;and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site, or
location owned or occupied by,or rented to,you.
"Your project":
a. Means any premises, site or location at, on,
or in which"your work" is not yet completed;
and
b. Does not include °your premises" or any
location listed in the Schedule of Premises.
All other terms of yourpolicy remain the same.
CLJ9F 26 09 09 03 Includes copyrighted material of Insurance Services Office with its permission. Fage 3 of 3
copyright Insurance Services Office,Inc.2001
Kent City Council Meeting
Date July 15, 2008
Category Consent Calendar - 6E
1. SUBJECT: JASON ENGINEERING CONSULTANT AGREEMENT FOR SOILS
TESTING - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant contract
with Jason Engineering & Consulting Business, Inc. in the amount of $81,715, to
provide materials testing and inspection services related to the North Park Sewer
Rehabilitation Project, upon concurrence of the language acceptable to the City
Attorney and the Public Works Director.
Public Works Engineering designed a sanitary sewer rehabilitation project to
replace some of the oldest and most expensive-to-maintain sewer systems in the
City (constructed in 1946). Jason Engineering possesses the expertise needed to
do the needed materials and soils testing.
3. EXHIBITS: Public Works Memorandum and Consultant Contract
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
49
•
KENT
WA B HI NOTOH
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Jason Engineering & Consulting Business, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the
laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071,
Phone: (206) 786-8645/Fax: (253) ' 833-7316, Contact: Jason Bell (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide testing and inspection services for the North Park
Sanitary Sewer Rebuild project. For a description, see the Consultant's June 26,
2008 Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2008.
jIII. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Eighty One Thousand, Seven Hundred Fifteen Dollars ($81,715.00) for the
services described in this Agreement. This is the maximum amount to be paid
1 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 amendment to this agreement. The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT - 1
(Over S10.000)
so
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will 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.
The provisions of this section shall survive the expiration or termination of this
Agreement.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10.000)
51
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, 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 S10.000)
52
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.
C. 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.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
CONSULTANT SERVICES AGREEMENT - 4
(Over t10.000)
53
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Jason Bell Larry R. Blanchard
Jason Engineering & Consulting Business, Inc. City of Kent
PO Box 181 220 Fourth Avenue South
Auburn, WA 98071 Kent, WA 98032
(206) 786-8645 (telephone) (253) 856-5500 (telephone)
(253) 833-7316 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
IECB-North Pk/Tenerelli
CONSULTANT SERVICES AGREEMENT - 5
(Over-W-000)
54
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200__.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT 55
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.
I2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
56
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
j Jason GeotechWcal Engineering Pate: 06-26-2008 57
Engineering& Retaining Structures aoie=North pa k Sewer
Consulting Project Management/hispection Rehabilitation,Kent#03-3002
Susiueas,IrIc. Pavement Design&Andysis Fie#:p08-029b
CM OF KENT
220.a'h Avenue S_ EXHIBIT A
Kent,WA 98032-5995
Re: Letter of Interest&Statement of Qualifications
k'roject: North Park Sewer Rehabilitation,Kent#03.3W2
Attn: Mr.Pete TenerelH
Construction Manager
JASON ENGINEERING would like to submit this letter of our interest and clues for providing geow1wical
engineering and/or testing and inspection services_Our office is physically located is Auburn,from which we provide
our services to job sites throughout the Puget Sound Region, JASON ENGINEERING is committed to providing our
clients with tinnely services they can depend upon for accurate and professional,results. We are a small company and
concettbrate on the clients to provide a professional, personalized, cost effective service. We strive to keep ahead
through our sense of purpose and dedication in providing our clients with,persoAable services for the geotechnical
engineerm&construction inspection&testing industry.
JASON ENGINEERING specitalizes in providing
✓ Geotecbnical services/soils:investigations; ✓ Public works construction management services
EorhW,split spoon samples,test pits including testing inspection
✓ Erosion Control Inspection ✓ Special inspection,construction monitoring;
✓ Slope stability analysis soils,asphalt,concrete,masonry
✓ Pavement and road design ✓ [Aborat ury testing for construction materials
✓ Soils stabilization/enhancement ✓ Technical Wormation reports(King County)
✓ ReWning waIl designs ✓ Pie design mommendations
✓ Percolation testing ✓ hdi tration trench design
Our experience in the geotedudcal field and testing/inspection of coast mction materials is extensive, especially
concerning soils,concrete and asphalt Every person in our company is a Certified Erosion Control Lead. Also,we
can provide certificates of insurance for Professional and/or General Liability Insurance.
V you have any questions concerning the above items,the proposal as it is set forth,or if JASON ENGINEERING can
be of any further assistance please call on us at(206)786.860.
Respectfully Submitted,
JASON ENGINEERING &CONSULTING BUSINESS, INC
J EC Hell,P.E.
esident
PO Brno 181 .Auburn WA.98071 Pagel of 2
Phone:(206)-786-WO Far-(253)833-7316 Email•jason+e' jasonteno neer.com
Received Time Jul. 2. 2008 10:43AM No. 1149
.�.,Y Jason Geotechnical Bngitteerins Date: 06-26-2QU8 58
Engineering& RetainingStructures
P o�' t:North Park Sewer
Consulting Project ManagemertVInSpection Rehabilitation,Kent#03-3002
Business,Inc. Pavement:Design&Analysis pile p08029b
Scope of Services, Exhibit A
nese rates will apply for the duration of the project and should provide all the testing and inspection requirements
for your project:North Park,Sewer Rehabilitation,Kent job#03-3002
v- Attend preconrstiruction meetings.
v► Provide onsate construction inspection and recommendations regarding construction materials as requested.
v- Observe placement and procedures. Provide density bests to confirm compaction and testing specification
requiurement&
v" Sample imported material to evaluate and confirm specification.requirements. This mclrides laboratory testing
for each material type encomatned and/or imported to the site. Testing methods will be pexforbaed according
to current applicable standards.
iv- Provide construction management including budget tr'aclung,daily report summaries,field measurements,and
pay estimate preparation.
v- Provide miscellaneous professional services related,to this project as directed by the Construction Mmager.
v* All of our construction mamigement inspectors are gualificd to perform the same tasks AS the
soils/asphalt/concrete Inspector. Testing and inspection is typically performed by the same individual. Hours
are broken down,according to task in the fee schedule.
v- Hourly rates include all,test equipment for our services(there are no hidden extra costs involved). A Ucensed
P.E.reviews all reports and computex-generated copies are mailed to all parties on the project distribution list
v- This is an estimate and work performed over the estimated amount will be charged at titme of material basis and
at the givers rates.
%v- The hourly rate is based upon portal to-portal time. The hourly rates shown below are applicable.for all work
performed. A inAeage charge of$1.00 per each round trip visit from the JEC13 i murk office to job site There is a
minimum charge of 2 hours for any inspection services (weekends are minimum 4 hours) and a mir4mum
charge of 2 hours for any professional engineering services performed.
v- An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of We normal 8 hour working
day,weekends and legal holidays.
v- Equipment & matexUls will include equipment used by an inspector the field in the performance of their
inspection duties.
V* Prices are valid through December 31,2008.
Schedule of Fees & Services, .Exhibit,B
INSPECTION SERVICES unit hate Item Total
800 Construction Management Rector $58.00 per hour $*/M.00
40 Asphalt Inspection&Monitoring w/Deals meW $58.00 per hour $2,320.00
40 Concrete h►speGIAM&Momit* its $W00 per hour $2,320"
300 Sails Inspectltout&MOOROft w/DMMeter $58.00 per hour $17A00.00
I.A,DORATORY SERVICES Urdt Itate item Total
20 ,A,splbeult;Ignition&Gradation $150.00 each $31000.00
20 Asphalt,Rice Specific Gravity $85.00 each $1,700.00
60 Concrete,Cyliaders $20.00 each $1,2A0.00
13 Soil,Proctor(Standard or Mod fled.) $150.00 earls $119W.00
Soil,Sand Equivalent Test $75.00 each
13 Soil,Sieve Analysis with#200 wash $15.00 each $1,625.00
GEMUCHNICAIMROFESSIONAL SERVICES Unit Rate Item Total
40 Pro&ssioKW Ezg�neering Services $95 00 per houx $%800.00
6etio uabed ftgwt Total: $6i,7I,S.tttt
PO Brix 181 Auburn WA.98071 page 2 of 2
Phone.(206)-78frSW Fax(253)833-7316 Email:Jason@jasonengineer.comt
!ceived Time Jul. 2. 2008 10:43AM No. 1149
59
EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 1185. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
60 r
EXHIBIT C (Continued)
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
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EXHIBIT C Continued
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
Kent City Council Meeting
Date July 15, 2008
Category Consent Calendar - 6F
1. SUBJECT: KING COUNTY INTERAGENCY AGREEMENT FOR GENERATOR
TRANSFER SWITCH - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interagency
Agreement with King County in the approximate amount of $80,960 for the
design, purchase, and installation of a generator transfer switch at the Kent
Senior Activity Center funded through state grant proceeds, subject to final terms
and conditions acceptable to the City Attorney and Parks Director.
This agreement is for the design and construction of a generator transfer switch
and improvements to the electrical system for the use of auxiliary power at the
Kent Senior Center. King County Emergency Management and Kent Fire
Emergency Management, with concurrence of the Kent Parks, Recreation and
Community Services Department, have identified the Kent Senior Center as a
potential site for preparing food in the event of a major disaster.
3. EXHIBITS: King County Interagency Agreement
4. RECOMMENDED BY: Public Safety Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
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June 16, 2008
AGREEMENT BETWEEN KING COUNTY
AND THE CITY OF KENT
FOR THE DESIGN AND CONSTRUCTION OF A GENERATOR TRANSFER
SWITCH AND IMPROVEMENTS TO THE ELECTRICAL SYSTEM FOR THE USE
OF AUXILIARY POWER AT THE KENT SENIOR CENTER
1
THIS AGREEMENT made and entered into by and between King County, Washington, a
Municipal Corporation, hereinafter called the "County" and City of Kent, hereinafter
called the "City".
WITNESSETH
WHEREAS,the County proposes to proceed with the electrical design,purchase and
installation of manual transfer switches and related switch gear for the purpose of
providing connection to auxiliary emergency power via 150KW portable trailer-mounted
generators during an area outage at the City's Senior Center located in Kent, Washington,
hereinafter referred to as "Project";and,
WHEREAS,the County received funding pursuant to a grant provided by Homeland
Security Grant Program Grant #FFY06-SHSP-009 to perform this Project for the City
and other related projects for other agencies within Washington; and
WHEREAS,the City currently owns the facility and desires the County to finance,
design and construct the improvements for this Project in accord with applicable Federal,
Washington State and King County laws and regulations; and
WHEREAS, THE Countyand the City can achieve cost savings and benefits in the
tY g
public's interest by having the County serve as the managing agency for this Project and
to provide the financing, design, and construction of the improvements for the Project for
the City. The Scope of Work and Cost Estimate for the Project are attached as Exhibit A.
NOW, THEREFORE, it is hereby covenanted and agreed by and between the parties
hereto as follows:
1
1. DESIGN
A. The County shall,prior to the County advertising the Contract Bid Documents for
the Project, furnish complete and reproducible construction drawings,plans and
specifications and any other necessary documents for the Project to the City for review
and comment. The City shall promptly notify the County of any changes requested to
these documents to bring them into conformance with City requirements. The City shall
provide all requested changes to the documents prior to King County's advertisement of
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2.
the Project. The City's failure to provide the data, documentation or information as
required by this Section may cause the County to delay or cancel the procurement process
for this Project at the County's discretion.
2. BIDDING
A. The County shall prepare the final contract bid documents for the Project and
shall advertise the Project in an official publication for the County. The County will
provide to the City a final copy of the plans and specifications and engineer's cost
estimate advertised for bid.
B. The County shall award a contract to the lowest responsive and responsible bidder
for the Project, subject to all applicable laws and regulations. The County shall furnish
the City with the bid prices for the Project from the low bidder in the form of a
Recommendation of Award Memorandum(ROA) for the City's review prior to the ,
award of a contract. Within two (2) days after receiving the ROA, the City shall
acknowledge the determination of lowest responsive and responsible bid for the Project.
The County shall not proceed with the City's Project until the County has received a '
written acknowledgement from the City. If the City, in its acknowledgement, rejects the
County's low responsive and responsible bidder for the Project, the City may select its
own contractor to perform the work associated with the Project at City's own expense. If
the City elects to select its own contractor for this Project, no reimbursement for costs or
expenses incurred by the City shall be paid by the County to perform the work necessary
for this Project.
C. The County may proceed with similar work at other sites not owned or operated
by the City with the contractor selected by the County under this procurement process.
3. CONTRACT ADMINISTATION
A. The County shall provide the design, engineering, construction, inspection, ,
clerical and other administrative services necessary for the execution of the work on the
City's Project. t
B. The City shall also furnish an inspector during the construction of the Project.
The City shall be financially responsible for the City's inspector. The City's inspector
shall advise the County of any deficiencies in work or materials noted in the project
performance by the county's contractor. The City's inspector shall have limited authority
to communicate with the County's contractor on matters regarding contract performance
of the Project work. The City's inspector shall have no authority to bind the County to
any adjustments in contract time or price for the Project, unless the County grants
approval. The County reserves the right to remove the City's inspector from the Project
for unsatisfactory performance of his or her duties. The City shall promptly replace such
inspector at the County's request.
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3.
C. The City shall notify the County, in writing, of any construction changes it wishes
to make to the bid plans and specifications that affect the City's Project. The County
shall issue contract change orders for all feasible changes. Prior to the implementation
any construction changes requested by the City, the parties shall meet and confer to
r determine which party shall be financially responsible for the cost of such changes to the
Project.
' D. The County will notify the City of any changes in the work required by the
County which substantially change the nature of the Project work and shall obtain the
City's approval of such changes, with such approval not being unreasonably withheld by
the City. The County shall issue a change order to the construction contract
incorporating such changes into the Project. This Agreement shall also be amended in
writing to incorporate changes in the Scope of Work and/or Cost Estimate. The County
shall be financially responsible for contract changes that are solely for the benefit of the
County.
E. The County will keep the City advised as to the progress of the work on the
Project. Prior to Project completion,both the County and City shall perform a mutual
final inspection of the Project. The City shall, within 72 hours of its inspection provide to
the County its acceptance of the Project work, or alternatively,provide an itemized and
detailed response as to why acceptance of the Project cannot be given by the City. The
County's contractor will repair or complete only construction deficiencies to comply with
the construction contract's plans and specifications. Upon the parties' acceptance of the
Project work,the County shall be relieved of any and all responsibility or liability for the
Project work, and the conditions of the City's facilities,provided however,the County
shall assign to the City all of the material warranties under the Project construction
contract from the County's contractor(s) as to Project work.
' F. The City and the County shall be responsible for following all Federal, State and
local laws,rules and regulations in its own performance of work described herein.
4. PAYMENT
A. Payment of the work to be performed for this Project as identified in the Scope of
Work and Cost Estimate, as both may be amended, shall be paid for by the County
exclusively through the grant funds provided by the Homeland Security Grant Program. .
Grant#FFY06-SHSP-009. This shall include the contract price, as adjusted by change
order agreed to by the parties, to perform the Project work. The County's internal costs
incurred during the design and construction of the Project directly attributable to the
' Project work shall be paid for by the County. The County shall not be liable for payment
of any costs or expenses incurred to perform and complete the work on this Project which
are in excess of the Projecfs earmarked and identified grant funds. The parties shall meet
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and confer to discuss and determine which party, if any, shall be financially responsible
for such excess Project related costs. '
4.
5. INDEMNIFICATION AND HOLD HARMLESS ,
A. Each Party shall protect, defend, indemnify, and hold harmless the other party, '
their officers, officials, employees, and agents, from, any and all claims, demands, suits,
penalties, losses, damages, judgments, or costs of any kind whatsoever (hereinafter
"claims"), arising out of or in any way resulting from the Indemnifying Party's officers,
employees, agents, and/or subcontractors of all tiers, acts or omissions, performance or
failure to perform this Agreement, to the maximum extent permitted by law or as defined
by RCW 4.24.115, now enacted or as hereinafter amended.
B. Each party agrees that its obligations under this Section extend to any claim,
demand, and/or cause of action brought by or on behalf of any of its employees or agents.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of '
each party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as
respects the other party only, and only to the extent necessary to provide each party a full
and complete immunity of claims made by the other party's employees. The parties ,
acknowledge that these provisions were specifically negotiated and agreed upon by them.
C. In the event either party incurs any costs including attorneys fees to enforce the
provisions of this Section and prevails in such enforcement action all such costs and fees
shall be recoverable from the losing party.
D. The provisions of this Section shall survive the expiration or earlier termination of
this Agreement with regard to any event that occurred prior to or on the date of such
expiration or earlier termination. '
6. CONTRACTOR'S INDEMNITY OF DISTRICT AND INSURANCE
A. The County shall require the contractor building the Project to have the City
named as an additional insured on all policies of insurance to be maintained by the
contractor(s)under the terms of any Project related contracts,with the contractor building
the Project required to maintain Commercial General Liability Insurance, including
products and completed operations coverage; Commercial Automobile, Workman's
Compensation and Stop Gap-Employers Liability.
B. The County shall contractually require the contractor building the Project to
indemnify, defend and save harmless the City and its officers, agents, or employees from '
any claim filed against the City or its officers, agents or employees, alleging damage or
injury arising out of the contractor's, or its agents, subcontractors, suppliers or employees
participation on the Project.
t
5.
' C. The County shall contractually require the contractor building the Project to be
solely and completely responsible for safety and safety conditions at the job site,
' including the safety of all persons and property during the performance of the work. The
contractor shall be contractually required to comply with all applicable County, State and
Federal regulations, ordinances, orders and codes regarding safety.
D. The County shall contractually require the contractor building the Project to
provide a Performance and Payment bond in favor of the County equal to 100% of the
projects costs (e.g. Total Contract Price for the Project).
7. DURATION AND TERMINATION
A. This Agreement shall remain in effect until final acceptance of the Project by the
' parties, subject to the early termination provisions below.
B. If a party fails to comply with any material provision(s) of this Agreement the
other party may terminate this Agreement, in whole or in part, for default upon thirty (30)
days written notice to the defaulting party. Any extra costs, expenses or damages
incurred by the non-defaulting party as a result of the termination for default shall be
borne exclusively by the party in default. The rights and remedies of this provision are in
addition to any other rights or remedies provided to the non-defaulting party by law or
under this Agreement. Any termination of this Agreement for default shall not relieve
' the defaulting party of any obligation which may arise out of work already performed
prior to such termination.
iC. The County's failure to secure all necessary funding beyond the grant monies
provided to the County by the Homeland Security Grant Program under Grant#FFY06-
SHSP-009 to complete the work for this Project shall not constitute a failure to comply
with the material provisions of this Agreement. If expected or actual funding under the
grant program is withdrawn, reduced or limited in any way prior to the completion of the
Project, the County may, with thirty(30)days written notice to the City,terminate, in
whole or in part,this Agreement. Prior to such termination for lack of funding the parties
shall meet and confer to discuss and determine how completion of the Project, if possible,
may occur.
8. OTHER PROVISIONS
' A. This Agreement contains the entire written agreement of the parties and
supersedes all prior discussions. This Agreement may be amended only in writing,
signed by the authorized representative of each party.
6. '
B. Nothing contained herein is intended to, nor shall be construed to, create any ,
rights in any party not a signatory to this Agreement, or to form the basis for any liability
on the part of the City, the County, or their officials, employees or representatives,to any
parry not a signatory to this Agreement. ,
C. Waiver of any default or breach of this Agreement shall not be deemed to be a
waiver of any other prior or subsequent default or breach and shall not be construed to be
a modification of the terms of this Agreement unless stated to be such through written
agreement of both parties.
D. If any provision of this Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement shall not be affected thereby and
shall continue in full force and effect if such remainder would continue to serve the
purposes and objectives of the parties.
E. Each party shall maintain records that accurately reflect the actions taken and '
services provided pursuant to this Agreement, and all direct and indirect costs incurred in
the performance of this Agreement. Such records and documents shall be subject to
inspection,review or audit by King County,the City, and/or federal/state and local
officials so authorized by law, at the requesting party's sole expense. Such records shall
be made available for inspection or audit during the record keeper's regular business
hours within a reasonable time after the record keeper's receipt of the request for
inspection of the same. These rights and obligations shall exist during the performance
of this Agreement and continue for six(6) years after the termination or natural
expiration of the Agreement, whichever first occurs. ,
F. In the event of a contractual dispute between the parties regarding this
Agreement,the parties shall attempt to resolve the matter informally. If the parties are i
unable to resolve the matter informally, the matter shall be forwarded for discussion to
the for the City and for the
County, or their respective designees. If this process fails to resolve the dispute within
thirty(30) days after such referral, the parties may agree to submit the matter to
mediation or to other alternative dispute resolution. If the parties agree to submit the '
matter to alternate dispute resolution and the matter is not resolved, a party shall be
entitled to pursue any legal remedy available in a court of law.
G. In the event that either party deems it necessary to institute legal actions or
proceedings to enforce any right or obligation under this Agreement, the parties hereto
agree that any such action shall be initiated in King County Superior Court of the State of ,
Washington. This Agreement shall be interpreted and construed in accordance with the
laws of the State of Washington. The City hereby consents to the personal jurisdiction of
the King County Superior Court of the State of Washington.
7.
' 10. CONTACT PERSON AND NOTICE
A. The parties to this Agreement shall each appoint a contact person or persons to act
as a project representative for the Project. These contact persons will meet on an "as
needed" basis to provide guidance for the Project and serve as a coordination body
between the parties.
B. All notices required to be given under the terms of this Agreement shall be sent in
writing to the parties at the addresses below:
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective as
of the date last written below.
KING COUNTY, WASHINGTON
Title of Authorized Representative
City of Kent
1
Name
Date
Title of Authorized Representative
King County
Name
Date
r Exhibit A
Addendum to Inter Agency Agreement
Auxiliary Power Project for Shelters
Project Overview
Kent Senior Center, Kent
Owner: City of Kent
Address: 600 East Smith Street Kent, Wa. 98032
Phone: (253) 856-5150
' Project installation cost estimate: $80,960 plus tax.
' The work includes but is not limited to furnishing all permits,
materials, equipment, labor, supervision, tools, and items necessary
for the construction, installation, connection, testing and operation
' of all electrical work for the project.
' Installation of a 1600 Amp, three-pole, service entrance rated
manual transfer switch to provide power to the building,
including large, multi purpose rooms, restrooms,
administrative areas and kitchen equipment, lighting and
outlets
• Building management control is an Apogee/Siemens System
and will require programming to shed or block selected loads
' in order to allow for a 150 KW portable generator.
• Provide auxiliary contacts for interface with building electrical
system.
' • Provide NEMA 3R vandal — resistant connection cabinet with
lugs for two sets of #4 to 600 KCMIL copper conductors.
' Cable bushings in bottom and padlocked hasp.
• See E2 of plan set for additional details.
1
Site Representatives
The Kent Senior Center is normally fully scheduled throughout the
day and evening. Contractors will coordinate use of premises and
building access under the direction of the Owners Project Site
Representative. Communication with site reps prior to scheduling
use is critical to minimize disruption of planned activities.
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The facility will be closed for maintenance August 25 th —August 29th,
providing a one week window for construction.
Site Representatives: i
Senior Center Director - Lea Bishop
(253) 856 - 5150
Facilities Management Superintendant - Charlie Lindsey
(253) 856-5081
1
Hazardous Materials
All facilities have completed hazardous material removal projects and
have reports available for reference.
Hazardous material verification by Steve Chavey, King County Parks
Project Manager 6/6/08
Facility Schedule Disruption
All work hours must be coordinated with site staff prior to scheduling
on site construction. Power disconnection must be scheduled one
week in advance.
Optimum scheduling for this site is August 25 — 29. The facility will
be closed for maintenance at this time.
Facility Access
Access Roads, Parking areas and deliveries to the site.
Access: Access work site from Smith Street, Northwest corner of
1
facility at Service and dumpster entry. ,
Access building via building main entry.
Parking: main parking lot on west of facility. Temporary parking
at service entry. '
Deliveries to the site: via Smith Street service entry. Side entry,
door into Senior Center, located near proposed generator terminal, '
may be used with facility staff coordination.
Facility Storage
There is no available equipment or material storage on site.
' Kent City Council Meeting
Date July 15, 2008
' Category Consent Calendar - 6G
1. SUBJECT: WASHINGTON STATE MILITARY DEPARTMENT GRANT - ACCEPT
AND AUTHORIZE
2. SUMMARY STATEMENT: Accept the Washington Military Department
matching funds reimbursable grant in the amount of $80,507 to enhance local
budgets through the Federal Emergency Management Agency (FEMA) Emergency
Management Performance Grant (EMPG), approve expenditure of the funds, and
authorize the Mayor to sign all necessary documents, subject to terms and
conditions acceptable to the City Attorney.
The Washington State Military Department, Emergency Management Division,
receives grant monies each year from FEMA through EMPG. A portion of this
grant is earmarked by the State to be passed though to local jurisdictions that
have emergency management programs to enhance their operating budgets.
Each jurisdiction that applies and meets the qualifications specified in WAC 118-
09-040 is awarded a grant based on the size of their emergency management
1 operating budget. Funds are utilized by local jurisdictions to assist in providing
emergency management capability.
' The Statement of Work, which is included in the attached contract, outlines the
objectives, goals, and deliverables that were identified when the City's Emergency
Management Division applied for the grant monies.
The City Attorney's office has reviewed the contract.
3. EXHIBITS: Contract
4. RECOMMENDED BY: Staff and Public Safety Committee 718l08
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Washington State Military Department
g ry
CONTRACT FACE SHEET
1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number
11 City of Kent Emergency Management
24611 116th Avenue S.E. $80,607 E08-313
Kent, WA 98030-4939
4. Contractors Contact Person, phone number: 5. Contract Start Date: 6. Contract End Date:
Brian Felczak, (253)856-4345 October 1,2007 March 31,2009
7. MD Program Manager/phone number: 8. State Business License#: 9. UBI#(state revenue):
Rachel Sova(253)512-7064 NA 173-000-002
10. Funding Authority:
Washington State Military Department(Department)and the U.S. Department of Homeland Security(DHS)
11. Funding Source Agreement#: 12. Program Index# & OBJ/SUB-OJ 13. CFDA#&Title: 14. TIN or SSN:
2008-EM-E8.0028 78313, 78314 NZ 97.042 EMPG 91-6001264
15. Service Districts: 16. Service Area by County(les): 17. Women/Minority-Owned,State
(BY LEG DIST): 31,47 King Count Certified?: X N/A ❑ NO
(BY CONG DIST): 8,9 n g y ❑ YES, OMWBE#
18. Contract Classification: 19. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't X Contract ❑ Grant ❑ Agreement
❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Contractor Selection Process: 21. Contractor Type(check all that apply)
X 'To all who apply&qualify" , ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdlction X Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. BRIEF DESCRIPTION:
To provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG)funds to
local jurisdictions and tribes that have emergency management programs to support their emergency management
operating budget In an effort to enhance their emergency management program.
IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments
hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and
Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of bath parties to
this contract.
In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by
giving precedence in the following order:
(a) Applicable Federal and State Statutes and Regulations
(b) Statement of Work
(c) Special Terms and Conditions
(d) General Terms and Conditions, and If attached,
(e) any other provisions of the contract incorporated by reference.
This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise,
regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto.
WHEREAS, the parties hereto have executed this contract on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE CONTRACTOR:
Signature Date Signature Date
James M. Mullen, Director Suzette Cooke, Mayor
Emergency Management Division For
Washington State Military Department
City of Kent Emergency Management
APPROVED AS TO FORM:
Sara J. Finlay (signature on file) 9/12/2007
Assistant Attorney General
Form 10/27/00 kdb
DHS-EMPG-FFY 08 Page 1 of 26 City of Kent Emergency Management
E08-313
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- COMPENSATION SCHEDULE:
This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries
and wages, benefits, printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence
reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts
and/or backup documentation for any approved budget line items including travel related expenses that are
authorized under this contract must be maintained by the Contractor and be made available upon request by
the Military Department.
Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to any single
budget category in excess of 10% or$100, whichever is greater, will not be reimbursed without the prior written
authorization of the Department. Budget categories are as specified or defined in the budget sheet of the
contract.
ARTICLE It -- REPORTS:
In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and
submit the following reports to the Department's Key Personnel:
Financial #/Copies Due Date
Invoices 1 Within 30 days after the end
of the period in which the
work was performed as specified in
Attachment A
Invoices must be submitted no more frequently than monthly and it is recommended that invoices be submitted
at least bi-annually.
Final Invoice 1 No later than 451" day
(shall not exceed overall contract amount) following the contract end date
All contract work must end on the contract end date, however the Contractor has up to 45 days after the
contract end date to submit all final billing.
Technical #/Copies Due Date
Bi-Annual Strategy Implementation Report Electronic January 15 '
July 15
Performance Report Electronic August 15, 2008
Final Report Electronic No later than 45'" day following
the contract end date
NIMS Compliance Progress Reports Electronic September 30, 2008
All contract work must end on the contract end date, however the Contractor has up to 45 days after the
contract end date to submit all final reports and/or deliverables.
The Bi-Annual Strategy Implementation Report will be submitted via DHS's web-based grant reporting tool l�
located at https://www.reporting.odo.dhs.gov/.
The Performance Report and the Final Report will be submitted via the Military Department's web-based grant
management tool located at https://fortress.wa.gov/milkams/cams/.
ARTICLE III --KEY PERSONNEL:
The individuals listed below shall be considered key personnel. Any substitution must be made by written
notification to the Military Department.
CONTRACTOR: MILITARY DEPARTMENT:
Brian Felczak Rachel Sova, EMPG Program Manager
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ARTICLE IV --ADMINISTRATIVE REQUIREMENTS:
The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; A-133,
Audits of States, Local Governments, and Non-Profit Organizations; and 44 CFR, FEMA's codified regulations.
ARTICLE V-- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS:
1. Funds are provided by the U.S. Department of Homeland Security (DHS) solely for the use of supporting
emergency management programs as provided by the Emergency Management Performance Grant
(EMPG). The Contractor shall use the funds to perform tasks as described in the Statement of Work and
Budget portions of the Contractor's request for funding, as approved by the Department. Funding may not
be used to replace or supplant existing local or tribal government funding of emergency management
programs.
2. The Contractor shall provide a match of $80,507 of non-federal origin. Said match may be in the form of
goods, services, and in-kind services.
3. The Contractor acknowledges that since this contract involves federal funding, the period of performance
described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees
that it will not hold the Department, the State of Washington, or the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this contract
prior to distribution of appropriated federal funds.
Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable
for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or
are not appropriated in a particular amount.
4. 'The Contractor agrees that in order to receive Federal Fiscal Year 2008 (FFY08) federal preparedness
funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements
for 2007 must be met. Applicants will be required to certify as part of their FFY08 EMPG applications that
they have met the FFY07 NIMS requirements.
The NIMS Integration Center (NIC) web page, http://www.fema.gov/emergency/nims/index.shtm, is
updated regularly with information about the NIMS. The website can also be used as a useful tool to
determine the extent to which your jurisdiction is already compliant, as well as identify the NIMS
requirements you have not yet met.
ARTICLE VI — EQUIPMENT MANAGEMENT:
All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and
maintained in the Contractor's equipment inventory system.
1. Upon successful completion of the terms of this contract, all equipment purchased through this contract
will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub-
grant agreement, or other means of legal transfer of ownership is in place.
2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation
and maintenance expenses and for the safe operation of their equipment including all questions of liability.
3. The Contractor shall maintain equipment records that include: a description of the property; the
manufacturer's serial number, model number, or other identification number; the source of the equipment,
including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition
date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use
and condition of the equipment at the date the information was reported; and disposition data including the
date of disposal and sale price of the property.
4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the
disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the
six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings
involving the records have been resolved.
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5. The Contractor shall take a physical inventory of the equipment and reconcile the results with h the property
records at least once every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the Contractor to determine the cause
of the difference. The Contractor shall, in connection with the inventory, verify the existence, current
utilization, and continued need for the equipment.
6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage,
and theft of the property. Any loss, damage or theft shall be investigated and a report generated.
7. The Contractor will develop adequate maintenance procedures to keep the property in good condition.
8. If the Contractor, is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return.
9. When original or replacement equipment is no longer needed for the original project or program or for
other activities currently or previously supported by a Federal agency, disposition of the equipment will be
made as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold
or otherwise disposed of by the Contractor with no further obligation to the awarding agency.
b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or
sold and the Contractor shall compensate the Federal-sponsoring agency for its share.
10. As sub-grantees of federal funds the Contractor must pass on equipment management requirements that
meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees
who receive pass-through funding from this contract.
ARTICLE VII —SUBRECIPIENT MONITORING
The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment
purchased under this contract. The goal of the Department's monitoring activities will be to ensure that
agencies receiving federal pass-through funds are in compliance with federal and state audit requirements,
federal grant guidance, applicable federal and state financial guides, as well as OMB Circular A-133 and A-122
where applicable.
Monitoring activities may include:
• review of performance reports;
• monitoring and documenting the completion of contract deliverables;
• documentation of phone calls, meetings, a-mails and correspondence;
• review of reimbursement requests to insure aliowability and consistency with contract budget;
• observation and documentation of contract related activities, such as exercises, training, funded events
and equipment demonstrations;
• on-site visits to review equipment records and inventories, verify source documentation for
reimbursement requests and performance reports and verify completion of deliverables.
As a sub-grantee of federal funds the Contractor is required to meet or exceed the monitoring activities, as
outlined above, for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from
this contract.
ARTICLE Vlll — ENVIRONMENTAL AND HISTORIC PRESERVATION ,
The contractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP)
Program. Information about these requirements can be found on pages 14-15 of the EMPG FFY08 Program
Guidance located at http://www.fema.gov/emergency/empq/emp.g.shtm or on FEMA's website at
http://www.fema..qov/plan/ehp/ehp-api)licant-help.shtm.
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Exhibit A
Subrecipient
Washington Military Department
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
As used throughout this contract, the following terms shall have the meaning set forth below:
a. "Department" shall mean the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials
lawfully representing that Department.
b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing
services under this contract, and shall include all employees of the Contractor. It shall include
any subcontractor retained by the prime Contractor as permitted under the terms of this
contract. "Contractor" shall be further defined as one or the other of the following and so
indicated on face sheet of the contract.
1} "Subreciplenf' shall mean a contractor that operates a federal or state assistance
program for which it receives federal funds and which has the authority to determine
both the services rendered and disposition of program funds.
2) "Vendo►" shall mean a contractor that agrees to provide the amount and kind of service
or activity requested by the Department and that agrees to provide goods or services to
be utilized by the Department.
"Subcontractor"Subcontractor shall mean one, not in the employment of the Contractor, who is performing all
or part of those services under this contract under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
d. "Recipient"— a nonfederal entity that expends federal awards received directly from a federal
awarding agency to carry out a federal program.
e. "Pass-Through Entity' means the Washington State Military Department as it is applied to this
contract. As found in SAAM 50.30.30 — "A nonfederal entity that provides a federal award to a
subrecipient to carry out a federal program."
f. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as
defined in federal Circular A-133).
g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of
implementing single audit requirements and coordinating audit follow-up for a particular grantee
by virtue of providing the majority of federal assistance. If funds are received from more than
one state agency, the cognizant state agency shall be the agency who contributes the largest
portion of federal financial assistance to the subrecipient unless the designation has been
reassigned to a different state agency by mutual agreement.
h. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in
the form of grants, loans, loan guarantees, property (including donated surplus property),
cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations
or other assistance. It does not include amounts received for provision of vendor services to
federal agencies or reimbursement for services rendered directly to individuals.
I. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or"grants"
or"agreements".
j. "CFDA Number" — The five-digit number assigned to a federal assistance program in the
federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined
number, the number defined by instructions from the federal audit clearinghouse.
k. "CFR" —Code of Federal Regulations
I. "OMB"— Office of Management and Budget
m. "RCW" - Revised Code of Washington
n "WAC" -Washington Administrative Code,
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2. SUBR MONITORING
ECIPI N E T
a. The Department, as a Recipient and/or Pass-Through Entity, receives federal financial
assistance under federal programs and is charged with maintaining compliance with federal
and state laws and regulations regarding the monitoring, documentation, and auditing of
subrecipient grant activities using federal financial assistance. Management and
implementation guidelines for, the federal programs ensure compliance with statutes, grant
guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars
(including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal
Register. The Department shall adhere to its Subrecipient Monitoring Policy and the
Subrecipient Monitoring Procedures (WMD Policy number 00-025-05.)
b. The Contractor shall perform under the terms of the contract and the Department has
responsibility for reasonable and necessary monitoring of the Contractor's performance. The
Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined
as any planned, ongoing, or periodic activity that measures and ensures contractor compliance
with the terms, conditions, and requirements of a contract.
Monitoring involves prudent collection of information about Contractor operations and is not
limited to site visits or the completion of formal reviews. Monitoring may include periodic
contractor reporting to the Department, Department review of audit reports, invoice reviews,
onsite reviews and observations, and surveys. Adequate documentation is essential for
effective contract monitoring and will include copies of letters, meeting notes, and records of
phone conversations as evidence that conscientious monitoring has occurred during the period
of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely
on a once-a-year audit. The Contractor agrees to cooperate with all monitoring activities and to
comply with reporting requirements.
The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as
appropriate and required by contract for "for-profit" subreciplents, since the A-133 Single
Audit does not apply to "for-profit" organizations.
3. RECORDS, MONITORING AND AUDIT ACCESS
a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities
that are pertinent to this contract.
b. Access to public records-The Contractor acknowledges that the Department is subject to the
Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained
by the Department relating to the conduct of government or the performance of any
governmental or proprietary function are available for public inspection and copying, except as
exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific
information or records.
C. The Contractor'shall maintain all books, records, documents, data and other evidence relating
to this contract and the provision of any materials, supplies, services and/or equipment under
this contract herein, including, but not limited to, records of accounting procedures and practices
that sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of this contract. At no additional cost, these records, including materials generated
.under the contract, shall be subject at all reasonable times to inspection, review and audit by
personnel duly authorized by the Department, the Washington State Auditor's Office, and
federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all
books, records, documents, and other materials relevant to this contract and make them
available for inspection, review or audit for six (6) years from the end date of this contract, date
of final payment or conclusion of services performed under this contractor, whichever is later. If
any litigation, claim or audit is started before the expiration of the six (6)year period, the records
shall be retained until final resolution of all litigation, claims, or audit findings involving the
records.
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d. Contractor shall provide right of access to its facilities and records to the Department and any
other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this contract.
4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL. AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program-specific audit conducted
in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years 'ending
after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards
are exempt from federal audit requirements for that year, except as noted in Circular No. A-133.
Circular A-133 is available on the OMB Home Page at http://www.omb.Clov and then select "Grants
Management' followed by "Circulars".
Contractors required to have an audit must ensure the audit is performed in accordance with Generally
Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised
Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The
Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an
audit. Costs of the audit may be an allowable grant expenditure.
The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by Its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Contractor must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Contractor all disallowed costs
resulting from the audit.
Once the single audit has been completed, the Contractor must send a full copy of the audit to the
Department and a letter stating there were no findings, or if there were findings, the letter should
provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9)
months after the end of the Contractor's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray,WA 98430-5032
In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any
audit findings and a copy of the management letter if one was received.
The Contractor shall include the above audit requirements in any subcontracts.
5. RECAPTURE PROVISIONS
In the event that the Contractor fails to expend funds under this contract In accordance with applicable
state and federal laws and/or the provisions of this contract, the Department reserves the right to
recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other
remedies available at law or in equity.
Such right of recapture shall exist for a period not to exceed six (6) years following contract termination
or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture
provision shall occur within 30 days of demand. The Department is required to institute legal
proceedings to enforce the recapture provision.
6. COMPLIANCE WITH APPLICABLE LAW
The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government,
and local laws, regulations, and policies.
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),;
This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52
Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42,56); Drug-
Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31
U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Department is not
responsible for advising the Contractor about, or determining the Contractor's compliance with,
applicable laws, regulations and policies.
In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any
applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in
whole or in part. The Contractor is responsible for any and all costs or liability arising from the
Contractor's failure to comply with applicable law, regulation or policy.
7. NONDISCRIMINATION
During the performance of this contract, the Contractor shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee
or applicant for employment because of race, color, sex, sexual orientation, religion, national
origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection
for training, including apprenticeships and volunteers. This requirement does not apply,
however, to a religious corporation, association, educational institution or society with respect to
the employment of individuals of a particular religion to perform work connected with the
carrying on by such corporation, association, educational institution or society of its activities.
b. Nondiscrimination laws and policies (such as RCW 49.60, Washington's Law Against
Discrimination, and Title VII of the Civil Rights Act).
8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101
et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the
ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of
employment, public accommodations, state and local government services,-and telecommunication.
9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Contractor is encouraged to utilize firms that are certified by the Washington State Office of
Minority and Women's Business Enterprises as minority-owned and/or women-owned in carrying out
the purposes of this contract.
10. PUBLICITY
The Contractor agrees to submit to the Department all advertising and publicity relating to this contract
wherein the Department's name is mentioned or language used from which the connection of the
Department's name may, in the Department's judgment, be inferred or implied. The Contractor agrees
not to publish or use such advertising and publicity without the prior written consent of the Department.
11. DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Contractors responsibilities with
respect to services provided under this contract is prohibited except by prior written consent of the
Department.
12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its
principals are presently debarred, suspended, proposed for' debarment, declared ineligible, or
voluntarily excluded from participating in this contract by any federal department or agency. If
requested by the Department, the Contractor shall complete and sign a Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the
Contractor for this Contract shall be incorporated into this Contract by reference.
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Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with
any party that is on the "General Service Administration List of Parties Excluded from Federal
Procurement or Non-procurement Programs"which can be found at www.epis., ov.
13. LIMITATION OF AUTHORITY--"Authorized Signature"
The signatories to this contract represent that they have the authority to bind their respective
organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned
delegate by writing prior to action, shall have the express, implied, or apparent authority to alter,
amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration,
amendment, modification, or waiver of any clause or condition of this contract is not effective or binding
unless made in writing and signed by the Authorized Signature(s).
14. CONTRACTOR NOT EMPLOYEE-- INDEPENDENT STATUS OF CONTRACTOR
The parties intend that an independent contractor relationship will be created by this contract. The
Contractor and/or employees or agents performing under this contract are not employees or agents of
the Department in any manner whatsoever, and will not be presented as nor claim to be officers or
employees of the Department or of the State of Washington by reason hereof, nor will the Contractor
and/or employees or agents performing under this contract make any claim, demand, or application to
or for any right, privilege or benefit applicable to an officer or employee of the Department or of the
State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment
insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit
which would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the Contractor is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right.
If the Contractor is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution. A statement of "no conflict of
interest" shall be submitted to the Department.
15. NONASSIGNABILITY
This contract, the work to be provided under this contract, and any claim arising thereunder, are not
assignable or delegable by either party in whole or in part, without the express prior written consent of
the other party, which consent shall not be unreasonably withheld.
16. SUBCONTRACTING
Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Department. Contractor
shall use a competitive process in award of any contracts with subcontractors that are entered into after
original contract award. All subcontracts entered into pursuant to this contract shall incorporate this
contract in full by reference. In no event shall the existence of the subcontract operate to release or
reduce the liability of the Contractor to the Department for any breach in the performance of the
Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for
work being completed under this contract.
17. CONTRACT MODIFICATIONS
The Department and the Contractor may, from time to time, request changes to the contract or grant.
Any such changes that are mutually agreed upon by the Department and the Contractor shall be
incorporated herein by written amendment to this contract. It is mutually agreed and understood that
no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto, and that any oral understanding or agreements not incorporated herein, unless
made in writing and signed by the parties hereto, shall not be binding.
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SE BILITY
18 VERA
In the event any term or condition of this contract, any provision of any document incorporated by
reference, or application of this contract to any person or circumstances is held invalid, such invalidity
shall not affect other terms, conditions, or applications of this contract which can be given effect without
the invalid term, condition, or application. To this end, the terms and conditions of this contract are
declared severable.
19. ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be
provided under this contract. Contractor shall not invoice the Department in advance of delivery of such
goods or services.
20. TAXES, FEES AND LICENSES
Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all
taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any
other kind for the Contractor or its staff required by statute or regulation that are necessary for contract
performance.
21. TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the contract specifically provides for different rates, any travel or subsistence reimbursement
allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and
RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the
Department copies of receipts for any travel related expenses other than meals and mileage (example:
parking lots that do not provide receipts)that are authorized under this contract.
22. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and performance
hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the
parties arising out of this contract shall be the Superior Court of Thurston County, Washington.
23. HOLD HARMLESS AND INDEMNIFICATION
Each party to this contract shall be responsible for injury to persons or damage to property resulting
from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party
assumes any responsibility to the other party for the consequences of any act or omission of any third
party.
24. WAIVER OF DEFAULT
Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default
or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless
stated to be such in writing signed by The Adjutant General or the Authorized Signature for the
Department and attached to the original contract.
25. DISPUTES
The parties shall make every effort to resolve disputes arising out of or relating to this contract through
discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under
this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually agreed upon by
both parties. The team shall attempt, by majority vote, to resolve the dispute.
Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial
tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute
resolution method in lieu of the procedure outlined above.
26. ATTORNEY'S FEES
In the event of litigation or other action brought to enforce contract terms, or alternative dispute
resolution process, each party agrees to bear its own attorney's fees and costs.
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27. LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this contract and prior to normal completion, the Department may reduce its
scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for
Cause", without providing the Contractor an opportunity to cure. Alternatively, the parties may
renegotiate the terms of this contract under "Contract Modifications" to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
28. TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a
timely and proper manner its obligations under this contract, is in an unsound financial condition so as
to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor
unable to perform any aspect of the contract, or has violated any of the covenants, agreements or
stipulations of this contract, the Department has the right to immediately suspend or terminate this
contract in whole or in part.
The Department may notify the Contractor in writing of the need to take corrective action and provide a
period of time in which to cure. The Department is not required to allow the Contractor an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Contractor an opportunity to cure,
the Department shall notify the Contractor in writing of the need to take corrective action. if the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the contract may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the
Department to terminate the contract in whole or in part.
In the event of termination, the Contractor shall be liable for all damages as authorized by law, including
but not limited to, any cost difference between the original contract and the replacement or cover
contract and all administrative costs directly related to the replacement contract, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform
was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a
"Termination for Convenience".
29. TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing
written notice of such termination to the Department's Key Personnel identified in the contract,
specifying the effective date thereof, at least thirty(30)days prior to such date.
Except as otherwise provided in this contract, the Department,_in its sole discretion and in the best
interests of the State of Washington, may terminate this contract in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of
funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
DHS-EMPG-FFY 08 Page 11 of 26 City of Kent Emergency Management
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30. TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this contract, the Contractor
shall follow any procedures specified in the termination notice. Upon termination of this contract and in
addition to any other rights provided in this contract, the Department may require the Contractor to
deliver to the Department any property specifically produced or acquired for the performance of such
part of this contract as has been terminated.
If the termination is for convenience, the Department shall pay to the Contractor the agreed upon price,
if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of contract termination, and the
amount agreed upon by the Contractor and the Department for (1) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection
and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of
this contract. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Contractor for termination. The
Department may withhold from any amounts due the Contractor such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this contract shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Contractor shall:
a. Stop work under the contract on the date, and to the extent specified, in the notice;
b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or
facilities in relation to this contract except as may be necessary for completion of such portion of
the work-under the contract as is not terminated;
C. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Department has the right, at its discretion, to
settle or pay any or all claims arising out of,the termination of such orders and subcontracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Department to the extent the Department
may require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent
directed by the Department any property which, if the contract had been completed, would have
been required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection
and preservation of the property related to this contract which is in the possession of the
Contractor and in which the Department has or may acquire an interest.
AAG Approved 9/12/2007
DHS-EMPG-FFY 08 Page 12 of 26 City of Kent Emergency Management
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Exhibit B
Statement of Work
FFY 2008 Emergency Management Performance Grant Program
INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD)
3 receives grant monies each year from the U.S. Department of Homeland Security (DHS) through the
Emergency Management Performance Grant (EMPG). A portion of this grant has been identified by the state
to be passed through to local jurisdictions and tribes that have emergency management programs to
supplement their local/tribal operating budget. Each jurisdiction or tribe that applies and meets the
qualifications specified in WAC 118-09 regarding emergency management assistance funds is awarded a
grant based on the size of their agency's emergency management operating budget. Funds are used by local
jurisdictions and tribes to enhance their emergency management capability.
The Statement of Work outlines the activities and deliverables the Contractor has identified to be performed for
FFY08 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the grant
deliverables during the contract performance period. The Budget Sheet outlines the Contractor's emergency
management operating budget (excluding federal funds) that is dedicated to emergency management activities.
In addition, the Budget Sheet is used to announce the FFY08 EMPG award.
GENERAL PROGRAM REQUIREMENTS:
1. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based grant
reporting tool (https://www.reporting.odl2.dhs.gov). Failure to meet all of the reporting deadlines
outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed
while reports are outstanding.
2. Report progress on deliverables and advise the Military Department, in writing, of necessary
adjustments to the content of the contract. Performance reports will be submitted using the on-line
electronic Grant Management System (e-GMS) located at https://fortress.wa.govlmil/gms/gms/.
3. Adhere to all financial and procurement guidance, including competitive processes and other
procurement requirements, to include: Office of Management and Budget (OMB) Circulars, A-87 (Cost
Principles for State, local and Indian Tribal Governments) and A-133 (Audits of States,, Local
Governments, and Non-Profit Organizations) and Federal Emergency Management Agency's codified
regulations, 44 CFR. Local and state procurement and contracting regulations take precedent over
these requirements when local and state regulations are more stringent.
• Adhere to DHS requirements that all sole source contracts over $100,000 be reviewed and
approved by the Department prior to execution of a contract. This requirement must be passed on
to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for
reviewing and approving their sub-contractors' sole source justifications.
• Adhere to DHS requirements that all contracts with individual consultants, that are not competitively
bid, and where the consultant will be charging an excess of $450 per day (excluding travel and
subsistence) must be approved by the Department before the contract is executed. This
requirement must be passed on to all of the Contractor's sub-contractors, at which point the
Contractor will be responsible for reviewing and approving their sub-contractors' contract.
4. Plan and implement equipment purchases, exercises, training, planning and management/
administration in accordance with the FFY08 Emergency Management Performance Grant Program
Guidance, which can be found at http://www.fema.gov/pdf/emergency/empg/fy08 empg guidance.odf,
as well as all subsequent policy changes.
5. Ensure that all sub-contractors are in compliance with the FFY08 Emergency Management
Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of
activities.
6. If purchasing equipment using EMPG funds, the Contractor must meet the following requirements:
a. Be in compliance with the DHS Authorized Equipment List (AEL), as detailed at:
http://wwwl.rkb.mipt.org .
DHS-EMPG-FFY 08 Page 13 of 26 City of Kent Emergency Management
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Security,b. Submit all proposed equipment purchases to the Committee on Homeland y, sub-
committee on equipment to ensure that the requested equipment is on the AEL, is aligned with
the statewide equipment purchasing strategy, and submit to DHS if necessary. No
reimbursement for purchased equipment will occur until the appropriate approvals have been
obtained.
C. Determine whether.or not it is in the best interest of the Contractor to make purchases using its
own procurement process or ask the Department to make purchases on its behalf.
d. Make a request to the Department in writing that authorizes the Department to de-obiigate
funding from the Contractor's contract and use the state's procurement process and contracts to
purchase equipment on behalf of the Contractor. This will necessitate an amendment to the
contract reducing the Contractor's award by an amount sufficient for the Department to make
the purchases). The Department will pay the vendor directly and all items will be drop shipped
to a location designated by the Contractor.
7. Exercises that are Implemented with grant funds must meet the requirements of the FFY08 Emergency
Management Performance Grant. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department within 60 days of completion of
the exercise. Final reimbursement for related expenditures can not be made until this requirement has
been met.
8. No more than 3% of the total grant award may be used on Management and Administrative
expenditures.
9. Submit at maximum monthly requests for reimbursement to the Department for costs incurred using the
online a-GMS located at https://fortress.wa.gov/mil/qms/qms/.
10. No costs will be paid in advance of their being incurred by the Contractor.
11. No equipment or supply costs will be reimbursed until the items have been received by the Contractor
and invoiced by the vendor.
12. No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed
federal maximum rates which can be found at http://www.gsa.gov.
13. Expend a minimum 15% of contract award on planning activities.
CONTRACTOR TASKS:
1. Perform activities described in the attached Scope of Work (Attachment A).
2. Manage and administer the FFY08 Emergency Management Performance Grant Program.
3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks.
4. Complete all work under the contract by the contract end date, to include receipt of approved
equipment items and supplies.
5. Each request for reimbursement will be accompanied by a spreadsheet detailing the expenditures to be
reimbursed as well as the expenses to be considered the match for those funds. Related financial
documents and invoices must be kept on file by the Contractor and be made available upon request to
the Department, and local, state, or federal auditors.
6. Requests for reimbursement of equipment purchases will Include a copy of the vendor's invoice and
Packing slip or a statement signed and dated by the Contractor's authorized representative that "all
items invoiced have been received, are operational, and have been inventoried according to contract
and local procurement requirements."
THE MILITARY DEPARTMENT AGREES TO:
1. Provide technical assistance, expertise, and state coordination with DHS where necessary.
2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement and all
documentation of expenditures as required.
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MILESTONE TIMELINE
FFY08 Emergency Management Performance Grant Program
MILESTONE TASK
October 1, 2007 Start of contract performance period.
May 2008 Contract Execution.
August 15, 2008 Submission of Performance Report to a-GMS.
September 30, 2008 Submit NIMS compliance report.
January 15, 2009 Submission of Bi-annual Strategy Implementation Report (BSIR)
to the Grant Reporting Tool (GRT) for FFY08 EMPG.
March 31, 2009 End of grant performance period.
No later than May 14 2009 Submit all final reports, requests for reimbursement and/or
y deliverables.
July 15, 2009 Submission of final Bi-annual Strategy Implementation Report
(BSIR) to GRT for FFY08 EMPG
DHS-EMPG-FFY 08 Page 15 of 26 City of Kent Emergency Management
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Exhibit C
Budget Sheet
FFY08 Emergency Management Performance Grant Program
Contract expenditures shall be documented according to the following categories when appropriate:
LOCAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY
2008 Local
Funds Budget*
Salaries and Benefits $315,473
In-Direct Costs $0
Travel $1,399
Equipment $19,588
Supplies $3,680
Telephones $4,452
Printing $0
Janitorial/Maintenance $0
Auto Lease $0
Space Rental $0
Insurance $170
Subcontractor $2,387
Other $73,828
Total All Program Costs $420,977
FFY 08 EMPG Award- $12,076
Planning
FFY 08 EMPG Award- $68,431
Other
The Kent Emergency Management award is $80,507. This is based on the FFY08 allocation factor of
19.12% of approved local/tribal emergency management operating budgets. This award will not be used to
supplant the existing local/tribal funds identified above. The Department's Reimbursement Spreadsheet will
accompany each reimbursement request submitted in a-GMS. In addition, the Contractor agrees to make all
records available to Military Department staff, upon request. A total of 3% of this award can be used to pay
for management and administration of this contract.
* No federal funds are included in the local emergency management operating budget.
Funding Source: U.S. Department of Homeland Security- PI# 78313, 78314 — EMPG
DHS-EMPG-FFY 08 Page 16 of 26 City of Kent Emergency Management
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Attachment A
Scope of Work
FFY08 Emergency Management Performance Grant Program
Communications and Warning
Activities and deliverables within the communications and warning functional area require the ability to
communicate in a disaster and effectively warn the public. This is the primary area where standards of
communications interoperability and redundancy are addressed.
Required Activities Deliverable Performance Measures Deadline
1. Participate in all scheduled National a. Ensure jurisdiction Jurisdiction will be better Ongoing
Warning System (NAWAS) tests and is incorporated into prepared to activate
exercises, whether a Primary NAWAS the fan out. NAWAS in an
Warning Point, a Secondary Warning emergency. Success
Point, or a Tertiary Warning Point. This b. Participate in will be measured through
is the on-going test of the statewide scheduled tests. the number of successful
warning fan-out as outlined in the State NAWAS tests
CEMP and warning annex. All completed.
emergency management jurisdictions
must be a part of this fan-out.
2. Work with EMD to ensure Communicate Jurisdiction will be better Ongoing
Comprehensive Emergency regularly with EMD to prepared to use
Management Network (CEMNET) retain CEMNET CEMNET in an
capability is maintained and participate capability and emergency. Success
in scheduled testing between the local participate in testing will be measured by the
Emergency Operations Center (EOC) or as scheduled. number of scheduled
similar facility and the state EOC. tests the jurisdiction
participates In.
3. Develop and/or update local plans Update local plans Jurisdiction will be better Ongoing
and equipment for use of amateur radio and equipment as prepared to utilize
(HAM bands) through the Radio necessary. RACES volunteers,
Amateur Civil Emergency Service particularly if other
(RACES) program and as per the state communication
RACES plan. capabilities are
inoperable, in an
emergency.
4. Where possible, work with the Local Develop/update an Updated plans will result Ongoing
Area Emergency Alert System (EAS) EAS Plan as needed. in an improved capability
Committee (LAECC)•to complete an to utilize the EAS in an
EAS plan and the Local Relay Network emergency.
(LRN) per existing guidance from the
FCC, FEMA, and the State Emergency
Communications Committee with
assistance from the State EMD
Telecommunications staff.
S. Participate in all scheduled EAS tests Participate as Jurisdiction will be better Ongoing
commensurate with your EAS plan and scheduled. prepared to activate EAS
operational status of your LRN. in an emergency.
Success will be
measured by the number
of scheduled tests the
jurisdiction participates
in.
DHS-EMPG-FFY 08 Page 17 of 26 City of Kent Emergency Management
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s
6. Notify the state EOC immediately Submit a daily Coordination between A required
upon activation of your local EOC. Situation Report the state and the local due to an
Provide periodic (at least once per day) (SITREP) to the state EOC will improve activation.
Situation Reports (SITREPs) EOC during activation. response capabilities in
an event.
7. If notified by the State that it has Log-in when notified Improved information As required
activated to the Phase III level, log into of a Phase III event. sharing at the state and due to an
WebEOC using the State's website local level will improve activation.
located at: response capabilities in
https.//fortress.wa.gov/mil/webeoc/eoc6/, an event. Successful
when possible. If the activation affects log-ins for activations
your jurisdiction you should remain and exercises will be
logged-in. For log-in information for the recorded within
State's website, contact Peter Nguyen, WebEOC.
WebEOC Coordinator at (253) 512-
7020.
Additional Activities Deliverable Performance Measures Deadline
8. Conduct a monthly Citywide radio drill a. Monthly tracking log Improve communication Monthly
on the Kent Citywide Radio System 800 of participants capabilities by providing
MHz radios between the ECC and all b. End of year opportunities for city staff
designated Department Operating scorecard showing to use radios. Test
Centers. percentage of operations of citywide
participation and radios.
award for first and
second place
"Communicators of
the Year"with the
highest percentage
totals.
9. Participate in King County Zone 3 a. Test radio Test communications Monthly
monthly 800 MHz radio test. The test is operations across across jurisdictional and
for all public and private agencies in the jurisdictional and agency boundaries.
geographic area of South King County agency boundaries Provide incentive for non
known as Zone 3 to test. b. Monthly Net Control participatory agencies to
to be rotated on a join and increase
quarterly basis communication
amongst Zone 3 capabilities.
agencies
c. Monthly log is kept
and will be
summarized and
presented to the Zone
3 Emergency
Management Director
at the first meeting in
2009
10. Review telecommunication a. Recommendation Provide enhanced November
capabilities regarding the need for for equipment communication 2008
teleconferencing between the ECC specifications, cost, capabilities internally for
Policy Group, Situational Briefings using purchase, and install if citywide support
Web EX, Zone 3 resource management determined functions and externally
decision making process, and Inter necessary. with regional partners.
governmental communications.
DHS-EMPG-FFY 08 Page 18 of 26 City of Kent Emergency Management
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11. Participate in King County 800 MHz a. Participate at least Test communications on Weekly or
radio test. monthly a regional basis Monthly as
throughout King County appropriate
to include County Gov,
local Gov, and Special
Purpose districts.
12. Research community emergency a. Identify the best Enhance public alert and February
alert and notification systems. Review solution for equipment notification capabilities in 2009
various COT systems for capabilities, purchase and order to effect life and
ease of use, and capacity to alert or installation of an property safety.
notify residents to warn or take emergency alerting
emergency actions as the result of a system (telephone call
major emergency or disaster. out
Crisis Communication, Public Education and Information
Activities and deliverables within the crisis communication, public education and information functional area
should address procedures for disseminating information to the public pre-, during, and post-disaster.
Required Activities Deliverable Performance Deadline
Measures
1. Conduct a public disaster education a. Preparedness Citizens of
program for the inhabitants of your presentations and Washington will be
community. distribution of better able to care for
preparedness materials to themselves, family
schools, civic groups, members, neighbors,
business organizations, etc. and will improve
nursing care facilities, child their ability to stay
care facilities, safe during an
governmental agencies, emergency. Success
hospitals, the general can be measured
public, etc. through the number
of presentations
and/or provided or
participation in the
b. Participate in the State's April campaign.
April Disaster
Preparedness Campaign.
Additional Activities Deliverable Performance Deadline
Measures
2. Conduct a minimum of 3 C.E.R.T. a. Improved employee, Can be measured by Spring 2008
academies. To teach the full 8 week business, and citizens the number of Fall 2008
long FEMA course using the approved capabilities to personally participants attending
curriculum. Accommodate students prepare themselves to the three classes.
from the general citizenry in Kent and respond and support their Target of 25 students
Fire District 37, the business community and first per class for a total of
community in the greater Kent area, responders during times of 75 new CERT trained
and employees from Kent and emergency and disasters. individuals in 2008
Covington. If there is room outside
agencies may also attend.
3. Review and update all informational a. Refinement of the Improved educational February
handouts provided for community message given to public material surrounding 2009
groups, in open forums, LEPC and private agencies. the 4 phases of
meetings, business outreach, and emergency
personal preparedness. management.
DHS-EMPG-FFY 08 Page 19 of 26 City of Kent Emergency Management
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Over the years materials can become b. Removal of inaccurate
outdated or in need of refreshing to or no longer relevant
revitalize or repackage the message in material for public
order to maintain relevancy. distribution
4. Utilize the new city web page as a a. Informational and Improved Ongoing
resource for outreach and information educational material will be informational and
to the local, regional, and business available from the city educational material
communities. website to citizens, on the 4 phases of
businesses, and regional emergency
partners. management.
5. Set up and Staff visual public a. Interaction with the Handout material July 2008
display booths for large citywide citizens, promotion of promoting public
events including Cornucopia Days and personal and family safety. interaction,
Covington Days and hand out training Promotion of the CERT involvement, and
flyers and program and other improve public
preparedness information. preparedness classes and awareness.
opportunities.
6. Participate in National Night Out by a. Take the CERT trailer Inform, promote, and August 5th,
promoting Kent Citizen Corps out to community's improved community 2008
programs to the community. participating in NNO and involvement in the
promote community Kent Citizen Corps
involvement. programs. Enhanced
community safety
and awareness.
7. Provide a CERT Train the Train a. Class delivery to the Increase'the number February 25-
course on the full 8 week long FEMA western Washington of CERT programs 26, 2008
course using the approved curriculum. region in Snohomish Co. and instructor pools.
8. Set up and staff Emergency a. Provide information on Increased awareness April 15, 2008
management professional display for the field of emergency of emergency
college job fair. management, handout management
information on career and functions to
volunteer opportunities at graduating and
Highline Community enrolled college
College. students.
Direction. Control and Warning
Activities and deliverables within the direction, control, and warning functional area should address the ability
to analyze a situation, make decisions for response, direct and coordinate response forces and resources, and
coordinate with other jurisdictions. This requires use of a recognized National Incident Management System
(NIMS) and compliance with NIMS requirements to remain eligible for all future preparedness funding.
Required Activities Deliverable Performance Deadline
Measures
1. Be fully compliant with all federal Report NIMS compliance Emergency September
fiscal year 2008 National Incident progress through the state responders will have 30, 2008
Management System (NIMS) online NIMS reporting tool. a uniform set of
compliance requirements by processes and
September 30, 2008. For specifics on procedures thus
the NIMS requirements please contact improving all-hazard
Jim Kadrmas, State NIMS Coordinator, incident response
at nimscoordinatora-emd.wa.gov or capabilities.
253 512-7027.
DHS-EMPG-FFY 08 Page 20 of 26 City of Kent Emergency Management
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Additional Activities Deliverable Performance Deadline
Measures
2. Review and amend current ICS a. Improve the Improved systemic December
structure and organizational model coordination, planning and use of internal 2008
currently employed as to NIMS resource management resources and
flexibility and coordination of situational capability of the Kent ECC emergency support
awareness and resource management. function activities.
NIMS Compliance Self Certification
Do you certify that your agency and EMPG sub-grantees have met NIMS compliance requirements and state
reporting requirements for Federal Fiscal Year 2007 (FFY07) and shall meet NIMS compliance requirements
and state reporting requirements for subsequent federal fiscal years during which you receive federal grant
funds? Yes
Note: Failure to meet NiMS compliance requirements will result in the loss of federal preparedness funding.
Exercises. Evaluations and Corrective Actions
Activities and deliverables within the exercise, evaluation, and corrective actions functional area calls for
regularly scheduled exercises, evaluations and corrective actions, including a process for addressing
corrective actions.
Required Activities Deliverable Performance Deadline
Measures
1. Each jurisdiction receiving EMPG Submit an After Action Through the exercise
funds must participate in the design, Report (AAR) and process a jurisdiction
conduct and evaluation of at least one Improvement Plan (IP) to can determine areas
exercise during the performance the State Exercise of strength and
period: full-scale, functional or Training Officer(ETO) weakness in response
tabletop. The exercise should fit into within 60 days of the capabilities.
the jurisdiction's multi-year exercise compjetion of the Development of an _
plan and be consistent with the exercise. The AAR and IP allows for
Homeland Security Exercise and recommended format for the documentation and
Evaluation Program (HSEEP). the AAR and IP can be follow-up on those
At least one full-scale and one found in Volume III of the issues. Upon
functional exercise must be completed HSEEP manuals at submission and
within a five-year period. https:Hhseep.dhs.gov/sup approval of the AAR,
port/Volumeill.pdf the ETO will issue a
The exercise may be accomplished letter of EMPG credit
alone or in conjunction with FEMA, to the jurisdiction.
EMD, other public or private entities,
or with neighboring urisdictions.
2. In the event a jurisdiction Submit an After Action Development of an As necessary,
experiences an actual event that Report(AAR)and AAR and IP allows for depending on
adequately tests overall emergency Improvement Plan (IP)to. documentation and actual events.
management capabilities, exercise the State Exercise follow-up-on issues
credit may be requested within 60 Training Officer(ETO) identified during an
days. within 60 days of the end activation. Upon
of the activation. The submission and
recommended format for approval of the AAR,
the AAR and IP can be the ETO will issue a
found in Volume III letter of EMPG credit
HSEEP manuals at to the jurisdiction.
https://hseep.dhs.gov/sup
ortNolumelil. df
DHS-EMPG-FFY 08 Page 21 of 26 City of Kent Emergency Management
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Additional Activities Deliverable
Performance Deadline
Measures
3. Conduct an LEPC drill to involve the a. Develop an AAR/IP for Validate one or two Fall 2008
Kent HazMat Team and a local facility. the HazMat team training specific operations or
officer and facility owner functions for both the
on the outcome of the drill HazMat Team and a
host hazardous
materials facility.
Enhance pubic—
private partnership.
Provide a real world
environment and
improve facility
familiarization
Five Year Exercise Schedule: Select either Full-Scale, Functional or Tabletop for each year.
2008: Tabletop Exercise
2009: Tabletop Exercise
2010: Tabletop Exercise
2011: Functional Exercise
2012: Full-Scale Exercise
Mutual Aid
Activities and deliverables within the mutual aid functional area should address the development and
maintenance of mutual aid agreements.
Required Activities Deliverable , Performance Deadline
Measures
1. Review mutual aid agreements, Update mutual aid Up-to-date mutual aid October 2008
following the guidance set forth in the agreements as deemed agreements enable
state Emergency Management necessary by the expedited partnership
Division's Mutual Aid and Inter-local jurisdiction. and support among
Agreement Handbook. jurisdictions during
an actual emergency.
Planninci
Activities and deliverables within the planning functional area should address the development and general
content of the program's emergency operations plan, strategic plan, mitigation plan, recovery plan, evacuation
plan, continuity of operations/continuity of government plan, etc.
,Required Activities Deliverable Performance Deadline
Measures
1. Review the Comprehensive a. Any jurisdiction that has CEMP will address Dec. 2008
Emergency Management Plan not submitted an updated all hazards identified
(CEMP) and supporting Emergency CEMP to the state in the jurisdiction's
Support Functions (ESFs). The CEMP Emergency Management Hazard Identification
should be compliant with both the Division within the past and Vulnerability
National Response Framework and four years must do so Analysis and
the National Incident Management during this program year. infrastructure and
System (NIMS). Requirements for plan b. First time applicants improve the
development and submission are must complete a draft of jurisdiction's ability to
provided In RCW 38.52.070,WAC their Basic Plan portion of prepare for, respond
118.09 and WAC 118.30. the CEMP within the to and recover from
program year. an emergency.
DHS-EMPG-FFY 08 Page 22 of 26 City of Kent Emergency Management
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. I
Additional Activities Deliverable Performance Deadline
Measures
2. Review and update the Kent a. Updated and current Meet the December
Hazardous Material Emergency response plan requirements of WAC 2008
Response Plan. Approve through the 118-40 and RCW
LEPC and send a copy to the State Title 70
Emergency Response Commission for
review.
3. Continued participation in the King a. Advise policy makers on Measure meeting Ongoing: 2"
County Emergency Management measures for protecting attendance. Tuesday of
Advisory Committee, the Region 6 communities and every month
Homeland Security Council and the enhancing the region's as scheduled.
King County Citizen Corps Council. response to Homeland
Continue implementing the Region 6 Security concerns and all
Homeland Security Strategic Plan and hazard approaches to
funding distribution plans. the four phases of
emergency management.
To coordinate with county
Citizen Corps Councils and
continue the development
of all program elements.
4. Conduct City Emergency Planning a. Citywide coordination of Measure meeting Ongoing:
Committee meetings to address all EM functions. attendance. every other
four phases of emergency month.
management within the city of Kent.
Members are representatives of
individual departments and the
meeting activities incorporate training,
ECC/DOC interface, and planning
elements.
5. Continue to coordinate COOP plan a. Identification and plan Enhance the ability to Ongoing
development for all city departments, for the continuity of sustain essential city
review draft plans and assist with essential city functions and
standardizations for essential functions services/functions and to services.
and alternate DOC locations. reduce or mitigate social
and economic disruptions
to the citizens and
employees of the city of
Kent.
6. Meet with south King County a. Collaboration on Enhanced regional Quarterly
geographic Zone 3 Emergency common interest issues collaboration,
Management Directors. involving emergency planning, and
management in Zone 3 communications.
and regional coordination Measure meeting
with King county, Zone 1 attendance.
and Zone 5.
7. Conduct an LEPC meeting to meet a. Collaboration and Meeting Minutes. Annual
the requirements of EPCRA. information sharing
between public and private
agencies.
Finance and Administration
Activities and deliverables within the finance and administration functional area require a financial management
framework that complies with applicable government requirements and that allows for expeditious request for,
and receipt and distribution of funds.
DHS-EMPG-FFY 08 Page 23 of 26 City of Kent Emergency Management
E08-313
Required Activities Deliverable Performance Deadline
Measures
1. Submit reimbursement requests a. Submit requests for EMPG funds As needed
online, ensuring that expenditures reimbursement online enhance local/tribal with final
comply with FEMA's EMPG FFY08 using a-GMS. A emergency invoice due
Program Guidance, all applicable Reimbursement management 45 days after
Office of Management and Budget Spreadsheet showing how programs and are the end of the
-(OMB) Circulars (A-87, A-102, A-133) EMPG funds were spent spent in accordance contract
as well as FEMA's Administrative must accompany all with all applicable
Requirements in the Code of Federal requests for laws and guidelines.
Regulations (CFR)44. reimbursement.
Expenditures listed on
OMB Circulars can be found at: the Reimbursement
www.whitehouse..ov/OMB/circulars Spreadsheet cannot be
items listed in the 2008
CFR 44 can be found at: Local Funds Budget
http://www.access,gpo,gov/nara/cfr/wai portion of the
sidx 07/44cfrvl 07.htmi Emergency Management
The Uniform Administrative Operating Budget in this
Requirements related to Grants can be application.
found in Part 13.
b. Verify in performance
reports that the agency
has reviewed and agrees
to all relevant State and
Federal requirements.
Program Management
Activities and deliverables within the program management functional area should address program structure
and organization so that an agency is capable of coordinating emergency preparedness, mitigation, response
and recovery activities across multiple agencies and organizations.
Required Activities Deliverable Performance Deadline
Measures
1. Progress reports and BSIRs are a. Progress reports must Demonstration of the a. August 15,
required twice during the contract be submitted online in e- impact EMPG 2008 and May
period. Failure to submit either type of GMS. Reports must clearly funding has on 14, 2009
report may result in cancellation of the describe the progress the emergency
contract. recipient is making towards management b. January 15,
the deliverables described capabilities will be 2009 and July
in this Scope of Work. documented in 15, 2009.
progress reports.
The final report should
highlight the impact
EMPG funding has had on
the jurisdiction's
capabilities.
b. The Bi-annual Strategy
Implementation Report
(BSIR) must be submitted
through the Dept. of
Homeland Security on-line
Grant Reporting Tool every
July and January.
DHS-EMPG-FFY 08 Page 24 of 26 Cfty of Kent Emergency Management
E08-313
Hazard Identification, Risk Assessment and Impact Analysis
Activities and deliverables within the hazard identification, risk assessment, and impact analysis functional area
should address a comprehensive assessment and identification of risks, including potential natural and human-
caused events, and the potential impact of those hazards. These identification and analysis activities, including
current efforts to better identify risks to critical infrastructures, should then feed into the planning process.
Activities Deliverable Performance Deadline
Measures
1. Review the requirements for the a. Coordinated activities Obtain credit points ongoing
FEMA Community Rating System with Public Works to for existing activities.
including any impact analysis reports determine activities
and CRS activities. necessary and achievable
to reduce insurance
premiums.
Hazard Mitigation
Activities and deliverables within the hazard mitigation functional area require that the program create and
implement a strategy to lessen the impacts of disasters. The strategy must take into account results of hazard
identification and risk assessments, analysis of impacts of each hazard, and experiences in the jurisdiction,
and must prioritize mitigation projects based on loss reduction.
Activities Deliverable Performance Deadline
Measures
1. Continue to identify non-structural a. Operational resiliency in Reduction in the loss Ongoing
mitigation projects. the event of an earthquake of non-structural
property in the event
of an earthquake.
2. Review citywide flood mitigation a. Develop plans for flood Reduction In the loss November
measures for facilities located in the prone facilities. of damage to 2008
floodplain. equipment located in
low I in areas.
Laws and Authorities
Activities and deliverables within the laws and authorities functional area should address the legal
underpinnings necessary to authorize and conduct an emergency management program.
Activities Deliverable Performance Deadline
Measures
n/a
Logistics and Facilities
Activities and deliverables within the logistics and facilities functional area should address facilities and a
logistical framework capable of supporting response and recovery operations. This includes the requirement
for emergency operations primary and alternate facilities that are established, equipped, periodically tested,
and maintained.
Activities Deliverable Performance Deadline
Measures
1. Conduct monthly ECC in Service a. All systems such as Monthly test log. Monthly
Days to test systems on a rotating electronic, displays, forms,
1
basis. and other material required for activation are checked
and tested.
2. Review display functions to ensure a. Improved reliable visual Enhanced operations March 2009
they are visible, readable and multi information systems for and reduction in
functional for the needs of the ECC. situational awareness and paper product.
other activation activities.
DHS-EMPG-FFY 08 Page 25 of 26 City of Kent Emergency Management
E08-313
Operations and Procedures
Activities and deliverables within the operations and procedures functional area should address standard
operating procedures, checklists, and other instructions to execute the emergency operations plan and other
plans. Procedures should relate to hazards previously identified by the jurisdiction.
Activities Deliverable Performance Deadline
Measures
1. Review ECC facility layout to a. Revised ECC layout and Updated Manual March 2009
determine efficiency of operations in Operations Manual
lieu of any organizational changes.
2. Review activation procedures for a. Updated checklist with Updated Checklist August 2008
EMD staff to ensure appropriate accurate contact
compliance and verify accuracy. information, procedural
checklists, and forms.
Resource Management
Activities and deliverables within the resource management functional area involve methodologies for prompt
and effective identification, acquisition, distribution, tracking and use of personnel and equipment needed for
emergency functions.
Activities Deliverable Performance Deadline
Measures
1. Participate in the countywide a. Regional approach to Produce a draft plan Ongoing
regional resource management resource management. for resource
concept including review of pilot management
software.
Trainin
Activities and deliverables within the training functional area require that the program maintain a documented
training program for emergency management/response personnel and public officials, including that
emergency personnel receive training on the incident management system of the jurisdiction.
Activities Deliverable Performance Deadline
Measures
1. Research and send staff to available a. A well educated and Course credits and Ongoing
training activities, conferences, or versed em staff. participatory
professional development courses or certificates.
meeting to enhance personnel
professionalism in emergency
management.
2. Attend the Partners in Preparedness a. Receive information on Attendance roster April 1-2,
conference. current trends and 2008
professional networking
DHS-EMPG-FFY 08 Page 26 of 26 city
FORA1
STATE OF LVASHINGTON
A40-A
IRev Ia I TRAVEL AUTHORIZATION
AGENCY NAME AGENCY NUMBER EMPLOYEE TELEPHONE NUMBER TA NUMBER TA DATE
Military Department 2450 253.512.7083
DIVISION OR DEPARTMENT EMPLOYEE NAME AND TITLE CHARGE CODE
Homeland Security/EMD/MIL Russell Sonmore, EPM3 7639n
1. , PURPOSE,OF TRIP--:-include explanations on how this,trip relates to the-employee's-work and what the benefits are of this trip.
Providing Support to Region 8-Yakima EOC
® In-State ❑ Out of State ❑ Out of Continental U.S. (includes Hawaii, excludes Alaska& B.C., Canada)
2. TRAVEL ITINERARY&MODE OF TRANSPORTATION' -Is this the mog'c4t effectivo?®Yes❑(Yo
DATE FROM TO MODE CODE MODE CODE SYMBOLS:
POV --- Privately Owned Vehicle
07/15/08 Cam Murrayakima AOV AOV — Ag"torcY Owned Vehicle
P Y MPV --- bfotorPool Vehicle
RNV --- Rental Vehicle
AIR --- Air State class of
07/16/08 Yakima Camp Murray AOV T -- Train transportation
B --- Bus under remarks.
0 -- Other(explain under remarks)
Remarks:
AS REOUIRED(check box)
❑ Program Manager approval received.
❑ Exception to lodging—OF Directive
❑ OvertimelX-change time form attached
❑ Purchase Request attached
❑ Travel Advance Requested
3. TRAVEL EXPENSE ESTIMATE&ADVANCE REQUESTED _ - - - _, zNbTICE
ITEM OF EXPENSE ESTIMATED TRAVEL EXPENSE TRAVEL ADVANCES: See RCW 43.03 150-.210. In case of default by employee in
repayment or accounting for advance as provided by stale law and regulations,the
advance p�homes a prior lien and, together with a 101; interest charge, may be
a.SUBSISTENCE $39 PER DAY $68 deducted fromany amounts due to the employee from the state An unauthorized
expendit re of an advance constitutes a misappropriation of state funds
RE
REO ESTERS
b.LODGING$79 PER DAY $70 1 SIGNATURE -- DATE
_—�
06/10/08
c.TRANSPORTATION:
POV 00 EST.MILES $0 PERVlSORSIGNATU DATE
d.OTHER: RENTAL $ l
AIR $ �a
@.OTHER EXPENSE: (explain) $12 NDIR TORORTAG ORIZING SIGNATURE GATE
Lodging Tax ( UIRED O UT OF STAT T VEL)
TOTALS $150 (j^�l-ol
lT)RCW 43.170 prohibits travel mileage advances for employee's or officer's use of pnvately owned vehicles
DOC DATE PAR OUE DATE CURREM OOC.NO- REF OOC NO. VENDOR KUAIBER VENDOR 6WSSAGE USE TAX UaI NUMBER
REF TRANS Y FUND APPN PROGRAM _!{UeOW we
SUB- ORO. WORK CO. Crm PROJECT.'' Sue = _PROJ AMOUNT RNOICENUMBER
DOC CODE O OtOE% S,DSX 0B SO" Ct./Y9 TOWN PROD Pl1AS'
D
ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER
Replaces MIL FORM 800 14Nov02
(Financial Services Policy 02-002-02)
Kent City Council Meeting
Date July 15, 2008
Category Consent Calendar - 6H
1. SUBJECT: HALEY'S RIDGE FINAL PLAT - ACCEPT
2. SUMMARY STATEMENT: Approve the final plat mylar for Haley's Ridge
and authorize the Mayor to sign the mylar. The Hearing Examiner recommended
approval for Haley's Ridge LLC, to subdivide approximately 4.78 acres into 20
single-family residential lots. The property is located at 27229 108th Ave SE.
3. EXHIBITS: Map and Memo with conditions of approval
4. RECOMMENDED BY: Community Development and Public Works Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
HALEY'S RIDGE FINAL PLAT
#FSU-2006-11 (RPP5-2080679)
HALEY'S RIDGE
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
• PLANNING SERVICES
KENT Charlene Anderson, AICP, Manager
WASHINGTON
1 Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: July 9, 2008
TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT AND CITY COUNCIL
MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR SUZETTE COOKE
SUBJECT: HALEY'S RIDGE FINAL PLAT (#FSU-2006-11/KIVA #2080679)
MOTION: Approve the final plat mylar for Haley's Ridge and authorize the Mayor
to sign the mylar.
SUMMARY: The Hearing Examiner recommended approval for Haley's Ridge LLC.,
LLC., to subdivide approximately 4.78 acres into 20 single-family residential lots.
The property is located at 27229 108th Ave SE.
BUDGET IMPACT: None
BACKGROUND: On January 17, 2007, the Kent Hearing Examiner issued
Findings, Conclusions and a Decision granting approval of a preliminary plat,
with 16 conditions. The applicant has complied with the conditions required
prior to recording.
S:\Permit\Plan\LONGPLATS\2008\2080679_FSU-2006-11cc.DOC
Enclosure: Conditions of approval - Hearing Examiner
i
HALEY'S RIDGE
#FSU-2006-11 (RPP5-2080679)
ON JANUARY 17, 2007, THE KENT HEARING EXAMINER APPROVED THE HALEY'S RIDGE
PLAT WITH THE FOLLOWING CONDITIONS:
jA. 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.
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 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.
The public water system shall be extended and shall be sized to serve
all off-site properties within the same service area; in addition, the
water main extension shall be extended across the entire subdivision
Haley's Ridge Page 1 of 10
FSU-2006-11/2080679
Conditions of Approval
as needed to serve adjacent properties within the same service area,
unless otherwise determined by the water purveyor.
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 in 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 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 scale. 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
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. All runoff drains must be
diverted away from the southern property line (steep
Haley's Ridge Page 2 of 10
FSU-2006-11/2080679
Conditions of Approval
slope). Outfalls pipes shall not be installed along the
southern property line or onto road right of ways.
(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) 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 Planning
Services 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.
(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.
jd. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the City of Kent Construction Standards, and City of
Haley's Ridge Page 3 of 10
FSU-2006-11/2080679
Conditions of Approval
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 every lot.
(2) These plans shall be designed to eliminate the need for
processing several individual Grading Permits upon application
for Building 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. If wetland or wetland buffer impacts are proposed, a Final Wetland
Mitigation Plan and bond quantity worksheet meeting the requirements
of the Kent City Code Chapter 11.06. These plans shall pursue
avoiding or minimizing impacts to wetlands to the maximum extent
possible by analyzing alternatives that would avoid the impact. If
grading is a part of the final wetland mitigation plan, all grading shall
be included on the grading plan for the entire site, including buffers
and appropriate Building Setback Lines.
f. Interim Street Improvement Plans for 108th Avenue Southeast. 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 Collector Arterial Street. 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.
(2) The Department of Public Works shall have 15 days from the
date of issuance of this decision to issue an administrative
determination on the requirement of Bike Lanes along 1081h
Avenue SE.
i. If Bike Lanes are required, the Applicant may choose to
appeal that determination or comply as follows:
A minimum of 22-feet of Hot Mix Asphalt (HMA)
pavement as measured from the approved centerline of
the street to the face of curb on the west side of the
Haley's Ridge Page 4 of 10
FSU-2006-11/2080679
Conditions of Approval
street, plus at least 12-feet of asphalt pavement as
measured from the City-approved centerline to the edge
of the traveled lane on the east side of the street, plus a
City-approved shoulder on the east side of the street. The
entire HMA pavement width specified above shall be
provided with a 20-year service life as determined by the
process identified in the City of Kent Development
Assistance Brochure #6-2, Private and Public Street
Requirements.
ii. If the Department of Public Works determines that Bike
Lanes are not required along 108th Avenue SE, the initial
guidance for the necessary street improvements is as
follows:
A minimum of 19-feet of Hot Mix Asphalt (HMA)
pavement as measured from the approved centerline of
the street to the face of curb on the west side of the
street, plus at least 12-feet of asphalt pavement as
measured from the City-approved centerline to the edge
of the traveled lane on the east side of the street, plus a
City-approved shoulder on the east side of the street. The
entire HMA pavement width specified above shall be
provided with a 20-year service life as determined by the
process identified in the City of Kent Development
Assistance Brochure #6-2, Private and Public Street
Requirements.
(4) A City-owned street lighting system.
(5) Public 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.
g. Street Improvement Plans for the new public Residential Street
connected to 108th Avenue Southeast Street and terminating with a
permanent cul-de-sac bulb, at its southwesterly terminus. The Street
Improvement Plans for this street shall be designed in conformance to
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
Haley's Ridge Page 5 of 10
FSU-2006-11/2080679
Conditions of Approval
Plans for a street 28-feet wide. Initial guidance for these street
improvements is given below:
(1) Entirely within the subdivision: 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.
Along the south property line for APN 322205-9020: 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 the south
side of the street.
(2) Entirely within the subdivision: A minimum of 28-feet of Hot Mix
Asphalt (HMA) pavement, as measured from face of vertical
curb to face of vertical curb.
Along the south property line for APN 322205-9020: A minimum
of 20-feet of HMA pavement, as measured from the face of
vertical curb installed along the south side of the street to the
edge of pavement on the north side of the street.
(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 30-feet at the intersection of the subdivision
street and 108t" Avenue Southeast and a 45-foot radius to the
face of vertical curb for the permanent cul-de-sac bulb.
(6) The right angle ell intersection shall include provisions for an
inside curb return radius of 30-feet and an outside curb return
radius of 60-feet.
(7) Street Trees installed within the 5-foot wide planting strips.
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 Joint-Use Driveways connected
p Y
to the Residential Street cul-de-sac bulb and terminating with an
Haley's Ridge Page 6 of 10
FSU-2006-11/2080679
Conditions of Approval
approved turnaround. Initial guidance for these joint-use driveways is
given below:
(1) A minimum of 16-feet of Hot Mix Asphalt (HMA) pavement,
measured from edge of pavement to edge of pavement except
where the Fire Marshal requires additional pavement width for
emergency vehicle access.
(2) A private stormwater drainage system, including provisions for
conveyance, detention, and treatment facilities where
applicable.
(3) These Joint-Use Driveways will connect to the public street
system with a Residential Concrete Driveway Approach
conforming to the minimum requirements of Standard Detail 6-
5(a), unless the fire Marshal Determines that a portion of these
Private Streets will be a Fire Lane, in which case the driveway
approach will conform to the minimum requirements of
Standard Detail 6-5(c).
(4) Fire Lanes - if any - shall be marked as directed by the Fire
Marshal.
(5) These Joint-Use Driveways must be centered within an
easement that is at least 1-foot wider than the total paved width
of the driveways.
i. Street Lighting Plans for 108th Avenue Southeast and for the new
Residential Street 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 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
jany 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.
r 5. The face of the final plat will clear) identify all Joint-Use Driveways and
P Y fY Y
which lots will be served by those driveways. The face of the final plat will
also specify that the maintenance of those joint-use driveways is the sole
responsibility of the property owners who are served by those driveways.
6. Direct vehicular access to and from lots having frontage along Southeast
277th Street and along 1081h Avenue Southeast is prohibited, and the face of
the final plat will carry the following prohibition:
Haley's Ridge Page 7 of 10
FSU-2006-11/2080679
IConditions of Approval
DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG
SOUTHEAST 277T" STREET AND ALONG 108T" AVENUE SOUTHEAST IS
PROHIBITED. DIRECT VEHICULAR ACCESS FOR THESE LOTS IS RESTRICTED
TO THE NEW RESIDENTIAL 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 permanently protect the approved and r
preserved, and/or enhanced, or created sensitive area(s) and the associated
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, pursuant to Kent City Code Chapter 11.06. This
Sensitive Area Tract or Easement shall be consistent with the stream map
contained within the approved Stream Analysis Report 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 OUTBUILDINGS AND OVERHANGS) ARE
Haley's Ridge Page 8 of 10
FSU-2006-11/2080679
Conditions of Approval
ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT
BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY.
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. THE CITY OF KENT ALSO RESERVES THE RIGHT TO
ENHANCE THE SENSATIVE AREA TRACT OR EASEMENT VIA PLANTING
NATIVE VEGETATION AND REMOVING NON-NATIVE OR INVASIVE
VEGETATION.
9. After construction, the stream, the wetland and their associated buffer areas
shall be isolated from intrusion by installing a split-rail cedar fence. In
addition, sensitive area information signs (available for $7.50 each from the
Department of Public Works) shall be placed at the buffer edge to inform and
educate owners and nearby residents about the value of sensitive areas.
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-Build Drawings, for: Streets;
I 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. Where determined feasible by the Kent Public Works Department, and
Planning Services, the Owner/Subdivider shall utilize Low Impact
Development Techniques in construction of the project, including but not
limited to rainwater collection systems, porous paving on sidewalks, and
bioretention areas with curb cuts in planting strips along roadways.
12. The Owner/Subdivider shall be sensitive to the natural topography during
construction and minimize negative impact to on-site soils and neighboring
properties.
13. Grading of the site shall be minimized by the Owner/Subdivider and where
done shall follow the natural contours as much as possible, minimizing the
need for retaining walls. Any retaining walls shall be no more than 4 feet
high at perimeter and internal individual property lines and no more than 6
feet high around the detention/retention pond that is not adjacent to
common property lines. Walls around such detention ponds shall not exceed
50 percent of the perimeter of the pond and ponds shall be landscaped per
City standards. The walls shall be constructed of rockery, other natural
material, or with Planning Services and Public Works approvals may be
constructed of patterned concrete that simulates natural materials. Where
structural walls are required to support access roads and as such cannot be
IHaley's Ridge Page 9 of 10
FSU-2006-11/2080679
Conditions of Approval
constructed of rockery or natural material, the walls shall be faced with such
materials. Site conditions may warrant slight adjustments to wall height
during construction. Height adjustments up to 10% of the overall height
may be permissible and are subject to review and approval by Planning
Services and Public Works. Retaining walls associated with construction of
the public streets along the frontage of the property are exempt from the
height limits described herein. Grading to achieve flat building lots shall be
minimized.
14. The Owner/Subdivider shall submit to the City of Kent for review and
approval and obtain appropriate permits to relocate or demolish the existing
structures on the site.
15. Break-away mailbox clusters shall be installed by the Owner/Subdivider at
locations per standards approved by the US Postmaster and the City of Kent
Public Works Department.
16. The Owner/Subdivider shall implement the measures outlined in the
conclusions of Earth Consultants, Inc., in their August 8, 2006 Steep Slope
Evaluation.
B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS
SUBDIVISION, THE OWNER / SUBDIVIDER SHALL:
1. Record the Plat, PUD, or Binding Site Plan.
2. Construct all of the improvements required in Section A, above, and 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.
4. Construct all wetland mitigation plans, wetland and stream buffer plans,
install all required split-rail cedar fences, sensitive area signs and any other
conditions to protect or enhance critical areas.
bIb\S:\Permit\Plan\LONGPLATS\FINAL PLATS\2008\2080679-2006-11 CONDITIONS.doc
Haley's Ridge Page 10 of 10
FSU-2006-11/2080679
Conditions of Approval
Kent City Council Meeting
Date July 15, 2008
Category Consent Calendar - 6I
1. SUBJECT: JAIL INDUSTRIES BOARD GRANT - ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the grant from the Jail Industries Board
(JIB) in an amount not to exceed $13,482, for the delivery of offender
employment related training at the City of Kent Corrections Facility (CKCF),
approve expenditure of the funds, and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City Attorney.
CKCF will provide offender employment and reentry services through development
of a Flagger Certificate Project. Related offender programs and partnerships with
other agencies will include, but not be limited to, New Connections of South King
County and the Washington State Employment Security Department. The grant
will be awarded within 30 days of JIB's receipt of signed agreement.
The agreement period is from 8/01/08 through 6/30/09.
3. EXHIBITS: Interagency Agreement
4. RECOMMENDED BY: Public Safety Committee 7/8/08
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
JIB Agreement No. A08-003
Other parry Agreement No.
INTERAGENCY AGREEMENT
BETWEEN
STATE OF WASHINGTON
JAIL INDUSTRIES BOARD
AND
CITY OF KENT POLICE DEPARTMENT
THIS AGREEMENT is made and entered into by and between the Jail Industries
Board, hereinafter referred to as JIB, and the City of Kent Police Department—
Corrections Facility, hereinafter referred to as the "CKCF".
IT IS THE PURPOSE OF THIS AGREEMENT to grant funds to the CKCF for the
delivery of offender employment related training.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
CKCF shall furnish or contract for the necessary personnel, equipment, material
and/or services and otherwise do all things necessary for or incidental to the
performance of the work set forth in Attachment A, Statement of Work, attached
hereto and incorporated herein.
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall
commence on 8/1/08, and be completed on 06/30/09, unless terminated sooner
as provided herein.
PAYMENT
Compensation for the work provided in accordance with this Agreement has
been established under the terms of RCW 39.34.130. The parties have
estimated that the cost of accomplishing the work herein will not exceed $13,482.
Payment for satisfactory performance of the work shall not exceed this amount
unless the parties mutually agree in writing to a higher amount prior to the
commencement of any work that will cause the maximum payment to be
exceeded.
BILLING PROCEDURE
Payment for the agreed upon work will be made in full by warrant or account
transfer by JIB within thirty (30) days of both parties signature to this Agreement.
CKCF shall manage the grant funds and submit invoices or other proof of
expenditures to JIB monthly. Upon expiration of this Agreement, CKCF shall
submit a complete accounting for expenditure of the total grant within thirty (30)
days after the expiration date or the end of the fiscal year, whichever is earlier.
Revised June 18,2008 Page 1 of 5
JIB Agreement No. A08-003
Other party Agreement No
DUPLICATION OF BILLED COSTS
CKCF shall not bill JIB for costs if CKCF is being paid by another funding source for
these same costs.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents
and other evidence which sufficiently and properly reflect all direct and indirect
costs expended by either party in the performance of the services described
herein. These records shall be subject to inspection, review or audit by
personnel of both parties, other personnel duly authorized by either party, the
Office of the State Auditor, and federal officials so authorized by law. All books,
records, documents, and other material relevant to this Agreement will be
retained for six years after expiration and the Office of the State Auditor, federal
auditors, and any persons duly authorized by the parties shall have full access
and the right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this
Agreement to the other party, will remain the property of the furnishing party,
unless otherwise agreed. The receiving party will not disclose or, make
available, this material to any third parties without first giving notice to the
furnishing party and giving it a reasonable opportunity to respond. Each party
will utilize reasonable security procedures and protections to assure that records
and documents provided by the other party are not erroneously disclosed to third
parties. '
RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be
"works for hire" as defined by the U.S. Copyright Act of 1976 and shall be jointly
owned by JIB and CKCF. Data shall include, but not be limited to, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies,
computer programs, films, tapes, and/or sound reproductions. Ownership
includes the right to copyright, patent, register, and the ability to transfer these ,
rights provided there is agreement between both parties.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of
this Agreement shall continue to be employees or agents of that party and shall
not be considered for any purpose to be employees or agents of the other party.
AGREEMENT ALTERATIONS AND 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.
Revised June 18,2008 Page 2 of 5
JIB Agreement No. A08-003
INDEMNIFICATION Other party Agreement No.
Each party to this Agreement shall be responsible for its own acts and/or
omissions and those of its officers, employees or agents. No party to this
Agreement shall be responsible for the acts and/or omissions of entities or
individuals not a party to this Agreement.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days' prior written
notification 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. Unspent funds
as a result of termination shall be returned to the JIB.
TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its
obligations under this Agreement, or if either party violates any of these terms
and conditions, the aggrieved party will give the other party written notice of such
failure or violation. The responsible party will be given the opportunity to correct
the violation or failure within fifteen (15) working days. If failure or violation is not
corrected, this Agreement may be terminated immediately by written notice of the
aggrieved party to the other.
TERMINATION FOR FUNDING REASONS
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion, the affected party may unilaterally terminate this Agreement. Written
notification of termination shall be mailed return receipt requested. Such action is
effective upon receipt of the written notification.
DISPUTES
Except as otherwise provided in this Agreement, when a dispute arises between
the parties and it cannot be resolved by direct negotiation, the parties agree to
participate in a mediation in good faith. The mediator shall be chosen by
agreement of the parties. If the parties cannot agree on a mediator, the parties
shall use a mediation service that selects the mediator for the parties. Nothing in
this Agreement shall be construed to limit the parties' choice of a mutually
acceptable alternative resolution method such as a disputes hearing, a Dispute
Resolution Board, or arbitration. Either of the parties may request intervention by
the Governor, as provided by RCW 43.17.330, in which event the Governor's
process will control.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by
the laws of the state of Washington and any applicable federal laws. The
provisions of this Agreement shall be construed to conform to those laws.
Revised June 18,2008 Page 3 of 5
JIB Agreement No. A08-003
Other party Agreement No.
In the event of an inconsistency in the terms of this Agreement, or between its
terms and any applicable statute or rule, the inconsistency shall be resolved by
giving precedence in the following order:
a. Applicable state and federal statutes and rules;
b. Statement of Work; and
C. Any other provisions of the Agreement, including materials
incorporated by reference.
DEBARMENT AND SUSPENSION
By executing this Agreement, CKCF certifies that it is not debarred, suspended or
otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549 "Debarment and Suspension". CKCF '
certifies that it will not contract with a subcontractor that is debarred or suspended.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder,
is not assignable or delegable by either party in whole or in part, without the
express prior written consent of the other party, which consent shall not be
unreasonably withheld; provided however that CKCF is authorized to subcontract
for provision of offender employment related training with approved providers. '
WAIVER
A failure by either party to exercise its rights under this Agreement shall not ,
preclude that party from subsequent exercise of such rights and shall not
constitute a waiver of any other rights under this Agreement, unless stated to be
such in a writing signed by an authorized representative of the party and
attached to the original Agreement.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated
by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid
provision, if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this Agreement, and to this end the provisions of this
Agreement are declared to be severable.
USE AND DISCLOSURE OF INFORMATION '
CKCF shall not disclose or misuse any private and confidential information
obtained under this Agreement unless the disclosure is authorized by law and
directly connected to the official purpose for which the information was obtained.
The misuse or unauthorized release of private and confidential information shall
subject CKCF, its employees or agents to a civil penalty of Five Thousand dollars
($5,000) and other applicable sanctions under state and federal law.
Revised June 18,2008 Page 4 of 5
JIB Agreement No. A08-003
AGREEMENT MANAGEMENT Other party Agreement No
The program manager for each of the parties shall be responsible for and shall
be the contact person for all communications and billings regarding the
performance of this Agreement.
rALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties.
No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto.
CONTRACT MANAGEMENT
rThe program manager for each of the parties shall be responsible for and shall
be the contact person for all communications and billings regarding the
performance of this Agreement.
The Program Manager for the Jail Industries Board is:
Dean Mason, JIB Executive Director, or his successor, 801 88th Ave. SE,
I Tumwater, WA 98501-1115, (360) 725-9179, damason(a�doc1.wa.gov.
The Program Manager for the City of Kent Police Department is:
Curt Lutz, Lieutenant, or his successor, 220 S. 4th Avenue, Kent, WA 98032,
(253) 856-5964, clutz(cDci.kent.wa.us.
rIN WITNESS WHEREOF, the parties have executed this Agreement.
' State of Washington City of Kent Police Department
Jail Industries Board Corrections Facility
r
Runette Mitchell Date Steve Strachan Date
Chair Chief of Police
1
r
r
r
r
' Revised June 18,2008 Page 5 of 5
JIB Agreement No. A08-003
Other party Agreement No.
' ATTACHMENT A— STATEMENT OF WORK
INTERAGENCY AGREEMENT
BETWEEN
STATE OF WASHINGTON
JAIL INDUSTRIES BOARD
AND
CITY OF KENT POLICE DEPARTMENT
The City of Kent Police Department — Corrections Facility (CKCF) shall provide offender
employment and reentry services through development of a Flagger Certificate Project,
related offender programs, and partnerships with other agencies to include, but not limited
to, New Connections of South King County and the Washington State Employment Security
Department. The CKCF, through the funding outlined in this Agreement, will provide
offenders with the necessary education and training to achieve a flagger certification, which
provides the skills needed for employment by construction businesses.
City of Kent Police Department— Corrections Facility (CKCF)
Activities:
➢ CKCF will provide all project management, recruitment of participants, and maintain
documentation on participants and outcomes.
➢ CKCF will supervise a contracted training program using formal curricula for training
and certification in construction-based flagging operations.
➢ CKCF will purchase a variety of computer software that provides offenders with
training in basic computer skills, job search, resume writing, etc.
Output:
➢ Minimum of 52 inmates will receive construction-based flagging training in the first
year.
Performance Measures:
➢ Number of participants receiving certification.
➢ Number of participants not receiving certification and why.
➢ Recidivism rate of participants one year after completion of training and release
from custody.
✓ Compared against recidivism rate for inmates with no program
participation.
✓ Compared against recidivism rate for inmates participating in other
programs.
*OTHER CONTRACTED SERVICES OR PARTNERSHIPS:
Offender Workforce Development (OWDP)
Activities:
➢ Provide offenders with pre-employment training, job search assistance, and referrals
for driver's license reinstatement and other required employment documents.
Output:
➢ Placement of offenders with employers upon release from incarceration.
' Revised June 18,2008 Page 6 of 5
JIB Agreement No. A08-003 ,
Other party Agreement No
Performance Measures:
➢ Number of offenders served.
➢ Number of offenders finding employment.
New Connections of South King County
Activities:
➢ Provide offenders with pre-employment training, job search assistance, and referrals
for driver's license reinstatement and other required employment documents.
Output:
➢ Placement of offenders with employers upon release from incarceration.
Performance Measures:
➢ Number of offenders served.
➢ Number of offenders finding employment.
* NOTE: Partners listed in the Statement of Work are not bound by the contractual
lanquage of this Agreement and are only listed as voluntary participants in the r
collection of performance measure data. Partners are free to decline or discontinue
this voluntary participation unless bound by some other contractual agreement with
the City of Kent Police Department — Corrections Facility (CKCF).
Revised June 18,2008 Page 7 of 5
Kent City Council Meeting
Date July 15, 2008
' Category Other Business - 7A
1. SUBJECT: KENT EVENTS CENTER SUPPLEMENTAL BUDGET AUTHORITY -
APPROVE
2. SUMMARY STATEMENT: Staff is recommending the City Council approve
an additional $5,929,000 for the Kent Events Center Project budget. The current
project budget authorized by Council is $78,600,000. The additional funds
requested will pay for project costs necessary to complete the building's design
and construction on time while preserving the facility's revenue potential.
3. EXHIBITS: Kent Events Center supplemental request and Budget request for
additional funds
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? N/A
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
to authorize an additional $5,929,000 for the Kent Events Center Project and
authorize the Mayor to expend such funds and execute all necessary documents
and change orders for the project, subject to final terms and conditions
acceptable to the City Attorney.
DISCUSSION:
ACTION: �1 3
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Kent Events Center(KEC)
Budget Request for Additional Funds
Summary of Project Costs and Potential Revenue
Funding Needs
Committed and Required Additional Costs of the Project
Structure and equipment already ordered to maintain
schedule and improve operations, appearance, and
revenues of the building (Group 1) $ 592,000
Professional services for testing and inspections,
LEED certification, architecture and engineering,
and project management $ 510,000
State sales tax, city permit fees, and Insurance $ 898,000
Subtotal -Committed and Required Costs $2,000,000
Additions to Meet Revenue Projections and Improve Safety
Center Scoreboard - Budget Authorization $1,200,000
(self-financed through advertising revenue)
Complete Suite Lounge $ 403,000
(required for revenue - Group 2)
Complete Signage Package $ 330,000
(required for revenue and operations- Group 2)
Railroad Crossing Pedestrian Gates at James St $ 250,000
Bond Financing Costs $ 200,000
Subtotal -Additions for Revenue and Safety $2,383,000
Total --To Complete the KEC $4,383,000
Improvements to Quality, Efficiency and Revenue
Increase Revenue Potential (Group 3) $ 303,000
More Efficient Operations (Group 4) $ 464,000
Achieve Expected Appearance of Plaza (Group 5) $ 669,000
Complete Design of Improvements $ 110,000
Subtotal -Improvements $1,546,000
Total -Completed and Improved KEC $5,929,000
Increased Bond Capacity as a Result of Additional Revenue Potential
Bond Capacity of Advertising on Center Scoreboard
($140,000 annually) $1,400,000
Bond Capacity of Additional Anticipated Building
Advertising and Sponsorships ($200,000 annually) $2,000,000
Bond Capacity of Additional Suite Sales
($60,000 annually- 19 suites) $ 600,000
Total --Increased Bond Capacity $4,000,000
1
Kent City Council Meeting
Date July 15, 2008
Category Bids - 8A
1. SUBJECT: NORTH PARK SANITARY SEWER REBUILD
2. SUMMARY STATEMENT: The bid opening for this project was held on
July 8, 2008, with six (6) bids received. The low bid was submitted by Frontier
Construction in the amount of $1,168,465.18. The Engineer's estimate was
$1,223,439.29
3. EXHIBITS: Public Works Memorandum dated 7/9/08
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
S. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
' 6. CITY COUNCIL ACTION:
Councilmember Gmoves, Councilmember seconds
to award the contract for the North Park Sanitary Sewer Rebuild project to
Frontier Construction in the amount of $1,168,465.18.
DISCUSSION:
ACTION: C
r
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard
Public Works Director
400 West Gowe
E N T Kent, W98032
K 5 -6500
Fax: 253-866500
W A S H I N O T O N
PHONE: 253-856-5500
Memorandum
DATE: July 09, 2008
TO: Kent City Councilmembers
THROUGH: Larry R. Blanchard, Public Works Director
FROM: Dennis Johnson, Project Engineer
RE: North Park Sanitary Sewer Rebuild
The bid opening for this project was held on July 08, 2008 with six (6) bids received.
The lowest responsive and responsible bid was submitted by Frontier Construction in
the amount of $1,168,465.18. The Public Works Director recommends awarding this
contract to Frontier Construction.
Bid Summa
1. Frontier Construction $1,168,465.18
2. Rodarte Construction $1,247,561.64
3. Pivetta Brothers, Inc. $1,336,626.27
4. King Construction $1,339,518.46
5. Tri -State Construction $1,427,481.94
6. Johansen Excavating $1,728,667.84
Engineer's Estimate $1,223,439.29
City of Kent Public Works Department
u:\pwcommittee\bidmemo.doc
' 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 MMITTEE
F. PUBLIC SAFETY COMMITTEE
G. PUBLIC WORKS
H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
1
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KENT
WASH IN OTON
OPERATIONS COMMITTEE MINUTES
JUNE 3, 2008
Committee Members Present: Les Thomas and Tim Clark.
Debbie Raplee was absent.
The meeting was called to order by Chair Tim Clark at 4:05 p.m.
1. APPROVAL OF MINUTES DATED MAY 20, 2008
Thomas moved to approve the minutes of the May 20, 2008, Operation
Committee meeting. Clark seconded the motion, which passed 3-0, with
Raplee's concurrence.
2. APPROVAL OF VOUCHERS DATED MAY 31, 2008
Finance Director Bob Nachlinger presented the vouchers for May 31, 2008, for approval.
Thomas moved to approve the vouchers dated May 31, 2008. Clark seconded
the motion, which passed 3-0, with Raplee's concurrence.
3. NON REPRESENTED CLASSIFICATION AND COMPENSATION STUDY 2008
Employee Services Senior Analyst Ray Luevanos and Benefits Manager Becky Fowler
presented the 2008 Non Represented Classification and Compensation Study for 2008.
Luevanos and. Fowler advised that the last salary review for this group of non-
represented employees was conducted in 2002. This is in contrast to the City's
represented employees who are reviewed every three years during the collective
bargaining process. Conducting the compensation study allows the City to remain
competitive in the labor market, affording the City the ability to recruit and retain high
quality staff. In the past few years the City has struggled to recruit and retain
professional engineers. Currently the City has three professional engineer positions that
have been vacant for over a year. The implementation of this salary study will allow the
City to regain it's competitiveness in the market place. The Employee Serves
Department conducted the 2008 Non-represented Classification and Compensation
Study for the professional, technical, and administrative support positions throughout
the City. The total cost of implementation for the remainder of 2008 (six months) is
$191,910.00. The total cost for a twelve month period would be $383,820.00. In the
2008 budget, $350,000 was set aside to implement the classification and compensation
study on July 1, 2008, the remaining six months of the year. Seventy-two percent
(72%) of the recommended increases are for the City's Public Works, Engineering and
i
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Operations Committee Minutes
June 3, 2008
Page: 2
Information Technology Departments. Luevanos and Fowler advised that the project
came in on time and under budget for 2008. Questions were raised by the Committee
which Luevanos and Fowler responded to.
Thomas moved to recommend that the Non-represented Classification and
Compensation Study for the professional, technical, and administrative support
positions be placed on the City Council consent calendar for the June 17, 2008
meeting. Clark seconded the motion, which passed 3-0, with Raplee's
concurrence.
4. VALLEY COMMUNICATIONS CENTER FIRST AMENDMENT TO INTERLO CAL
AGREEMENT
Chief Administrative Officer John Hodgson presented the First Amendment to the Valley
Communications Center Interlocal Agreement. Hodgson advised that these
Amendments to the Valley Communications Center formation Interlocal Agreement will
allow the City of Auburn to enter into its own Interlocal agreement with the Valley
Regional Fire Authority for purposes of providing fire and emergency medical services
dispatch by way of Auburn's membership in Valley Com; and will recognize King County
Fire and Rescue as successor in interest to the City of Federal Way Fire Department.
Questions were raised by the Committee which Hodgson responded to.
Thomas moved to recommend Council authorize the Mayor to execute the First
Amendment to the Valley Communications Center Interlocal Agreement. Clark
seconded the motion, which passed 3-0, with Raplee's concurrence.
The meeting adjourned at 4:19 p.m.
ch
Renee Cameron
Operations Committee Secretary
KENT
W-HINGTO.
CITY OF KENT
1 PUBLIC SAFETY COMMITTEE MEETING MINUTES
June 10, 2008
COMMITTEE MEMBERS: Debbie Raplee, Les Thomas, and Ron Harmon, Chair
• The meeting was called to order by Chair Ron Harmon at 5:00 PM.
• D. Raplee's absence was excused. R. Harmon had her concurrence on action items.
Chair called for additions or changes to the agenda, items #7-11 were added.
1. Approval of Minutes
L. Thomas moved to approve the minutes of the May 13, 2008 meeting.
The motion was seconded by R. Harmon and passed 3-0, with Raplee's
concurrence.
2. Washinaton Traffic Safety Commission $3.000 grant award - ACCEPT
Police Chief Steve Strachan stated the funds would be used to purchase a LIDAR unit
and introduced Sergeant Rafael Padilla who brought a LIDAR and explained its use.
L. Thomas moved to recommend that Council authorize the Kent Police
Department to accept the Washington Traffic Safety Commission grant not to
exceed $3,000.
The motion was seconded by R. Harmon and passed 3-0, with Raplee's
concurrence.
3. Washington Traffic Safety Commission $7,500 grant award - ACCEPT
Chief Strachan stated the funds would be used for special emphasis patrols to deter
street racing activities.
L. Thomas moved to recommend that Council authorize the Kent Police
Department to accept the Washington Traffic Safety commission grant not to
exceed $7,500 for street racing emphasis patrols.
The motion was seconded by R. Harmon and passed 3-0, with Raplee's
concurrence.
4. Police Marine Unit Boat $42,471 grant award from Washington State Parks and
Recreation Commission — ACCEPT and AUTHORIZE
Chief Strachan stated the funds will be used toward the purchase of a new boat and
motor for patrols on Lake Meridian.
L. Thomas moved to recommend that Council authorize the Kent Police
Department to accept the Washington State Law Enforcement Boating
Equipment Grant not to exceed $42,471, place this on the June 17, 2008
Consent Calendar and authorize the Police Chief to sign the agreement.
The motion was seconded by R. Harmon and passed 3-0, with Raplee's
concurrence.
S. FY 2008 OJ3DP Gang Prevention Coordination Assistance Program grant
application -AUTHORIZE
Chief Strachan and Debra LeRoy, Research and Development Analyst, gave an overview
of the proposed use of funds if the grant is awarded.
L. Thomas moved to authorize the Kent Police Department to apply for the FY
2008 OJJDP Gang Prevention Coordination Assistance Program grant up to the
amount of $200,000.
The motion was seconded by R. Harmon and passed 3-0, with Raplee's
concurrence.
6. FY 2008 OJJDP Strengthening Youth Mentoring Through Community
Partnership grant application — AUTHORIZE
Chief Strachan and Debra LeRoy gave an overview of the proposed use of funds if the
grant is awarded. Pastor Jimmie James and Alice James were introduced and spoke
about the community partnership portion of the application.
L. Thomas moved to authorize the Kent Police Department to apply for the FY
2008 OJJDP Youth Mentoring Through Community Partnership grant up to the
amount of $500,000.
The motion was seconded by R. Harmon and passed 3-0, with Raplee's
concurrence.
ADDITIONS:
7. Justice Assistance Grant FY 2008 application - AUTHORIZE
Chief Strachan and Captain M. Painter explained how the funds would be used.
L. Thomas moved to authorize the Kent Police Department to apply for the
FY 2008 Edward Byrne Memorial Justice Assistance Grant in the amount of
$24,311.
The motion was seconded by R. Harmon and passed 3-0, with Raplee's
concurrence.
S. Boat Patrol on Lake Meridian — INFO ONLY
Chief Strachan stated that a plan is being developed to integrate residents on Lake
Meridian as volunteers for patrol on the lake when police officers are unavailable. The
volunteers will go through an application and training process.
9. Cornucopia Days — INFO ONLY
Chief Strachan introduced Lt. John Pagel who stated that scheduling efforts will provide
police patrol for the event, as well as the City, while keeping overtime costs down.
10. Police Physical Agility Test (PAT) — INFO ONLY
Chief Strachan explained that the police officers' contract included a PAT this year,
offering a small financial incentive for those who passed. The test was held on June 6th
at French Field, with over 50% of the officers participating. In addition to working
toward physical fitness, peer support, teamwork and leadership values were evident.
11. National Night Out — August 5th — INFO ONLY
Chief Strachan invited the community to participate in this year's event and that Sara
Wood is the Department's contact person for additional information. Committee
members also encouraged the citizens to participate in the annual event.
Chief Strachan mentioned that Kent Firefighter Mary Hauer's memorial service was held
earlier today and that on behalf of the Kent Police Department, he extended
condolences to family, friends and Kent Fire personnel.
The meeting adjourned at 5:30 PM.
Jo Thompson, Public Safety Committee Secretary
Public Safety Committee Minutes 2
June 10, 2008
1
PUBLIC WORKS COMMITTEE MINUTES
FOR DUNE 16, 2008
Committee Members Present: Committee Chair Deborah Ranniger and
Committee Members Harmon and Raplee were present. The meeting was called to
order at 5:02 p.m.
ITEM 1 - Approval of the Minutes Dated May 19, 2008:
Committee Member Harmon moved to approve the minutes of May 19,
2008. The motion was seconded by Raplee and passed 3-0.
ITEM 2 - Information Only/American Public Works Association (APWA)
Proiect of the Year.-
Public Works Director, Larry Blanchard introduced Tina Nelson the Vice President of
APWA, Washington Chapter. Tina complimented the Public Works Department and
the contractors for their teamwork, cooperation, collaboration and communication
in completing this project. She presented the Department with the Project of the
Year Award for Transportation projects in the $10 million to $100 million range for
the South 228th Street Extension. Larry also mentioned that with out the
cooperation and teamwork this project wouldn't have been completed on time and
under budget.
Information Only/No Motion Required
ITEM 3 - Amendment- Commute Trip Reduction:
Commute Trip Reduction Coordinator, Monica Whitman noted that the purpose of
this amendment is to allocate second year funding for the 2008-2009 project
period.
The City is required by State law to enforce the regulations specified in RCW
70.94,521. The City is then reimbursed by the State for costs incurred based on a
formula devised by the State Department of Transportation, Public Transportation
Office.
Raplee moved to recommend Council authorize the Mayor to sign the
Amendment to CTR Agreement GCAS394-01 between the Washington State
Department of Transportation and the City of Kent, upon concurrence of
the language therein by the City Attorney and Public Works Director. The
motion was seconded by Harmon and passed 3-0.
1 ITEM 4 - Fund Transfer - from the 2281h Street Fund Project to South 2"d
Avenue & Harrison Street Improvements:
Public Works Director Larry Blanchard explained that as part of the Town Square
Plaza Project Street Improvements (TSPPSI) Project, certain street improvements
were required to be constructed along South 2"d Avenue and Harrison Street.
Originally, the expenditures were to be paid through the TSPPSI Project, however,
construction cost increases required participation from those funds that benefit
from this project.
IPage 1 of 3
2 '
PUBLIC WORKS COMMITTEE MINUTES
FOR DUNE 16, 2008
Harmon moved to authorize the transfer of $800,000 from remaining
project funds for the 2281h Corridor West Leg to the 2"d Avenue - Harrison
Street Improvements portion of the Town Square Plaza Project to fund
those street improvements adjacent to the Town Square Plaza Project.
The motion was seconded by Raplee and passed 3-0.
ITEM 5 - Limited Street License between the City of Kent and Level 3
Communications, LLC:
Public Works Director, Larry Blanchard explained that the Limited Street License,
under state law, constitutes a use permit and grants Level 3 Communications, LLC
a private company the right to operate within Kent's right-of-way.
Raplee moved to authorize the Mayor to sign the Limited Street License
Agreement between the City of Kent and Level 3 communications, LLC in
the one time amount of $8,000 which sum captures arrearage prior to the
commencement of this License. The motion was seconded by Harmon and
passed 3-0.
ITEM 6 - Limited Street License between the City of Kent and AT&T Corp.;
Public Works Director, Larry Blanchard explained that the Limited Street License,
under state law, constitutes a use permit and grants AT&T Corporation, a private
company, the right to operate within Kent's right-of-way.
Harmon moved to authorize the Mayor to sign the Limited Street License
Agreement between the City of Kent and AT&T Corp., in the amount of
$5,000. The motion was seconded by Raplee and passed 3-0.
ITEM 7 - Information Only/Water System Plan:
Design Engineering Supervisor, Chad Bieren presented an update on the Water
System Plan. He presented a PowerPoint presentation that was previously
presented to the Land Use & Planning Board.
Information Only/No Motion Required
ITEM 8- Information On/y/Drainage Master Plan:
Environmental Engineer III, Beth Tan presented a brief PowerPoint presentation
explaining the current status of the Drainage Master Plan including discussion
regarding financing the plan.
Information Only/No Motion Required
Page 2 of 3
3
PUBLIC WORKS COMMITTEE MINUTES
I FOR DUNE 16, 2008
ADDED ITEMS:
Garry Stewart asked the following two questions:
1. Sound Transit Parking Lot - When is the area that was to be a temporary
parking site going to be marked? He noted that for the past 2.5 years people
have been parking in an area that was not meant for parking.
2. He wanted to know whenwhen these developments; Highland Park,
Stonebridge, Meridian Meadows were going to have all there construction
done, apparently one of the Ponds has been excavated for a long time and not
completed and it looks horrible.
Larry told Garry and the Councilmembers he will keep them updated on progress
being made at these subdivision construction sites.
Adiourned•
The meeting was adjourned at 6:00 p.m.
Cheryl Viseth
i Public Works Committee Secretary
Page 3 of 3
CONTINUED COMMUNICATIONS
A.
EXECUTIVE SESSION
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ACTION AFTER EXECUTIVE SESSION
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