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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/03/2009 • Cityof Kent City Council' Meeting Agenda , i February 3, 2009 � Mayor Suzette Cooke Debbie Raplee, Council President ,i Councilmembers Elizabeth Albertson Ron Harmon Tim Clark Deborah Ranniger f Jamie Danielson Les Thomas 400 `./ KENT City Clerk's Office I, I • KENTICITY COUNCIL AGENDAS E -i- February 3, 2009 WASHIN'GTON ''. Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee President Elizabeth Albertson Tim Clark Jamie Danielson j Ron Harmon Deborah Ranniger Les Thomas i COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description weaker Time 1. Kent Pool Jeff Watling 30 minutes 2. ShoWare Center Budget Ben Wolters 15 minutes 3. Panther Lake Annexation John Hodgson 10 minutes, 4. Intergovernmental Issues Michelle Witham 05 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. Public Recognition B. Community Events C. Employee of the Monthl D. ' City Historian E. Economic Development Report I F. Legislative Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting Approve B. Payment of Bills Approve C. 2009 Government Relations Consulting Services Agreement with Outcomes by Levy - Authorize (Continued) i i COUNCIL MEETING AGENDA CONTINUED j I I i D. Federal Lobbyist Agreement with Van Ness Feldman - Authorize E. Kent Downtown Partnership Agreement - Authorize F. Conflict Public Defense Services Agreement Amendment No. One - Authorize G. Public Defense Services Agreement Amendment No. Three - Authorize H. 2009 City Art Plan and 2009-2013 Five Year City Art Plan - Approve I. 4Culture Landmark Heritage Grant Agreement for Earthworks Mill Creek Park Renovation Accept J. Russell Road Maintenance Facility Roof and Wall Improvements Change Order No. Four - Authorize K. Fourth Quarter Fee-in-Lieu Funds - Accept and Amend Budget L. Contractor Parking Exemption Ordinance - Adopt M. Downey Farmstead Restoration Project/Salmon Recovery Funding Board Agreement- Authorize N. Ordinance Amending Flood Hazard Regulations - Adopt O. Local Hazardous Waste Management Program Contract Amendment - Authorize P. Northwest Hydraulics Consultants Contract for Levee Study - Authorize 7. OTHER BUSINESS A. Howard Hanson Darn Update'- Information Only 8. BIDS A. Riverbend Golf Course Fence B. Riverbend Golf Course Tree Planting 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Negotiations B. Pending Litigation' 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. 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Nachlinger, Finance Dire Dated: January 28, 2009 Re: Information Related to the Annexation Funding from the State Senate Bill'6686 passed the legislature last year to provide a sales tax credit of up to .2%of gross sales in the incorporating city and its annexation area if annexation "commences" prior to Jan. 1, 2010. The legislation provides no funding for annexations of less than 10,000 persons, .1% funding for annexations of persons 10,000 through 19,999, and .2% funding for annexations of 20,000 or greater. The potential annexation of the Panther Lake area is estimated to include 24,000 persons and will qualify for the .2%funding estimated to produce up to$5.5 million annually. Three departments of the State are charged with how these funds will be administrated; the Office of Financial Management, the Department of Revenue and the State Auditor's Office. OFM has washed their hands of any oversight of the program. DOR has said that they will take the required annual certification, due to them by March 1 annually, and make monthly payments beginning on the State's fiscal year,July 1. Both of these departments have said they are giving no guidance except that the State Auditor's Office will be auditing the program so we need to check with them on how they expect the program to be accounted for and the necessary documentation to support this restricted revenue. On Friday,January 23, 1 met with representatives from the State Auditor's Office at Renton City Hall to gain an understanding on how they expect the program to be administered. Also attending this meeting were the Finance Directors of Renton and Auburn who are the only current recipients of these funds. The procedures to receive and account for these funds has been in state of flux and the outcome of the meeting helped to clarify what needs to be done. They also shared updates on their experiences on the receipt of these funds. Additionally, I was made aware of an Attorney General's Memorandum that addressed the definition of"commence". According the AG's Office, "commence" will occur for us, when the City Council adopts an ordinance setting an election for a vote on the annexation. The two representatives from the State Auditor's Office shared their perspective on how they would be auditing this program and what documentation they expect to see. They cautioned that any allocation of costs for administrative overhead will have to be supported with an allocation plan used citywide and not a special allocation to these funds. They did confirm that the State will cover any pre- annexation costs to the extent that the funds will be available. Both Auburn and Renton cautioned that their annexations became effective prior to July 1, and the State revenue comes only on the State's fiscal year,which left them with unreimbursed costs in the first year.Additionally, any costs not reimbursed in one year are not eligible to roll into the subsequent year. The Auditor's Office confirmed that an appropriate portion of constructed space to house employees hired for the annexation can be charged j to the annexation funding. The Finance Directors of Auburn and Renton stressed that the effective date of the annexation should be as close as possible to the July 1 beginning date of the State's fiscal year to minimize the impact to the cities budget.They both stated that they incurred costs that were not recoverable due to the timing of their annexations and the availability of State funding. 1 It is interesting to note that in both of the annexations that have occurred; approximately two- thirds of the positions that were anticipated to be needed were actually hired. In Renton case for their annexation to the east, they had anticipated hiring 95 new positions, they actually hired 65. In the Auburn annexation of Lea Hill they had anticipated hiring a total of 65 positions and actually hired 45. We anticipate reviewing the anticipated staffing for the Panther Lake annexation with this actual experience in mind. We look forward to discussing this information with you at the Council Workshop on February 3. I i l� 1 CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) " FROM COUNCIL, ADMINISTRATION, OR STAFF i i B) FROM THE PUBLIC i r i I I I i i I I ( i PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) EMPLOYEE OF THE MONTH i i D) CITY HISTORIAN E) ECONOMIC DEVELOPMENT REPORT I F) LEGISLATIVE REPORT i i i i I i i i Kent City Council Meeting Date February 3, 2009 Item No. 6A -'6B CONSENT CALENDAR 6. City Council Action: i Councilmember moves, Councilmember j seconds to approve Consent Calendar Items A through P. i Discussion Action 6A. Approval of Minutes." Approval of the minutes of the regular Council meeting of January 20, 2009. 6B. Approval of Bills. Approval of payment of the bills received through December 31 and paid on December 31, 2008, after auditing by the Operations Committee on January 20, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/08 Wire Transfers 3544-3562 $1,812,907.50 12/31/08 Regular Checks 627901-628413 4,379,885.58' Use Tax Payable 812.23 $6,193,605.31 Void and Reissue Interim Batch 1/5/09 Void Advice 241983,241994,242241 ($40413.62) Reissue Checks 309593,309594 & 309595 15229.76 ($25,183.86) Approval of checks issued for payroll for January 1 through January 15 and paid on January 20, 2009: Date Check Numbers Amount 1/20/09 Checks 309596-309876 $ 218,236.60 1/20/09 Advices 242670-243440 1,918,141.85 $2,136,378.45 i I i I �- KENT Kent City Council Meeting WA5HINGTON January 20, 2009 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Harmon, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council Administration Staff. (CFN-198) No changes were made. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for Public Recognition. B. Community Events. (CFN-198) Ranniger announced International Guitar Night which is a part of the Spotlight Series, and commended all volunteers, particularly those who recently cleaned up the Interurban Trail. C. National Guard and Military Reservists Statement of Support. (CFN-198) Jed Aldridge of the Human Services Department announced that the City has approximately 20 employees who serve in the National Guard and Reserves, five of whom are currently deployed in support of Operation Iraqi Freedom. He introduced employees Lt. Col. Ray Luevanos and Lt. Col. Martin Oliver, who are Air Force Reservists, and acknowledged their service. Ken Shwarm, Program Support Specialist with Employer Support of the Guard and Reserves, then explained the meaning and importance of the Statement of Support, which Mayor Cooke then read aloud and signed. D. Flood Response. (CFN-198) Public Works Director Larry Blanchard thanked the Public Works employees who were involved in the recent storms, floods, and levee problems, as well as Parks Department staff who filled sand bags. He also explained the work done during these events. E. Employee of the Month. (CFN-147) Finance Director Nachlinger introduced Employee of the Month Paula Barry. He noted that she excels in all tasks, is the definition of teamwork, and is a great communicator. Mayor Cooke presented Ms. Barry with the Employee of the Month plaque. F. Introduction of Appointees. (CFN-198) Mayor Cooke announced that she has re-appointed Aleanna Kodelis to the Land Use & Planning Board, and introduced Jack Ottini, another re-appointee to the Land Use & Planning Board and Ben Atkinson, her appointee to the Bicycle Advisory Board. These appointments are on the agenda for confirmation by the City Council. G. Public Safety Report and Swearing In Ceremony (CFN-122) Police Chief Strachan updated his monthly Public Safety Report statistics on vehicle theft, vehicle prowls, residential burglaries, commercial burglaries, robberies, homicides, case reports, and the Neighborhood Response Team. He then introduced Officers Jennifer 1 Kent City Council Minutes January 20, 2009 Prusa, Joseph Johnson, Chris Mills, and Ken Clay, and Mayor Cooke administered the Oath of Office to them. H. Presentation to Kent Food Bank. (CFN-198) Katcha Harmaning of the Public Works Department explained the Virtual Food Bank which she developed to collect quality food for the Kent Food Bank. She noted that employees gave 42% more this year than last year, for a total of $4,715. Mayor Cooke then presented a symbolic check to Pastor McClurg of the Kent Food Bank Board. She also presented certificates to representatives of the City Clerk's Office, the Parks Department and the City Attorney's Office, who won various categories within the food drive competition. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through P. Harmon seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of January 6, 2009, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on December 2, 2008, were approved. Approval of checks issued for vouchers: I Date Check Numbers Amount 11/15/08 Wire transfers 3487-3505 $6,264,811.00 11/15/08 Regular Checks 626542-626927 2,007,486.39 Use Tax Payable 29138.22 $8,274,435.61 Payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on January 6, 2009, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount j 11/30/08 Wire transfers 3506-3522 $1,840,534.18 11/30/08 Regular Checks 626928-627443 3,509,869.55 Use Tax Payable 1,293.85 j $5,3511697.58 Payment of the bills received through December 15 and paid on December 15 after auditing by the Operations Committee on January 6, 2009, were approved. t Approved checks issued for vouchers: Date Check Numbers Amount 12/15/08 Wire transfers 3523-3543 $7,115,437.62 12/15/08 Regular Checks 627444-627900 2,523,970.30 Void Checks -210.00 Use Tax Payable 4,207.91 $9,643,405.83 2 Kent City Council Minutes January 20, 2009 Checks issued for payroll for November 1 through November 15 and paid on November 20, 2008, were approved: Date Check Numbers Amount 11/20/08 Checks 308607-308873 $ 201,227.17 11/20/08 Advices 239600-240364 1555,892.19 $1,757,119.36 Checks issued for payroll for November 16 through November 30 and paid on December 5, 2008, were approved: Date Check Numbers Amount 12/5/08 Checks 308874-309120 $ 213,255.85 12/5/08 Advices 240365-241129 2,013,568.83 $2,226,824.68 Checks issued for interim payroll for December 9 and paid on December 9, 2008, were approved: Date Check Numbers Amount 12/9/08 Checks 309121-309123 $ 2,438.65 12/9/08 Voids (2,352.73) $ 85.92 Checks issued for payroll for December 1 through December 15 and paid on December 19, 2008, were approved: Date Check Numbers Amount 12/19/08 Checks 309124-309375 $ 191,103.12 12/19/08 Advices 241130-241899 1556,739.63 $1,747,842.75 Checks issued for payroll for December 16 through December 31, 2008 and paid on January 5, 2009, were approved: Date Check Numbers Amount 1/5/09 Checks 309376-309592 $ 175,714.89 1/5/09 Advices 241900-242669 1,615,957.11 $1,791,672.00 C. Scenic Hill Neighborhood Boundary Adjustment Resolution. (CFN-1304) Resolution No. 1799 acknowledging the expanded boundary of the Scenic Hill Neighborhood was adopted. D. Washington Hospitality, LLC, Lease Agreement Amendment for Fire Creek Grill. (CFN-118) The Mayor was authorized to execute the lease amendment with Washington Hospitality, LLC for the Fire Creek Grill, subject to final terms and conditions acceptable to the City Attorney. 3 L Kent City Council Minutes January 20, 2009 E. SeaTac Sweeping Services Agreement for Parking Lot Services. (CFN-118) The Mayor was authorized to execute an agreement with SeaTac Sweeping Services in the amount of $30,005.79, for city-wide parking lot sweeping services. F. Sun Life Assurance Company of Canada 2009 Contract. (CFN-147) The Mayor was authorized to execute the contract with Sun Life Assurance Company of Canada to provide stop loss coverage to the City in the amount of $430,584, and to ratify all acts consistent with this motion. G. South County Area Transportation Board (SCATBd) Agreements. (CFN-1007) The Mayor was authorized to sign the 2009-2012 Interlocal Agreement to continue to participate in the South County Area Transportation Board, including identifying representatives to SCATBd for the City and providing dues, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director H. Meyer Fueling Facility Bill of Sale. (CFN-484) The Bill of Sale for the Fred Meyer #172 Fueling Facility for 345 linear feet of streets and 6 street lights was accepted. The project is located at 10201 SE 240th Street. I. S. 203rd Street Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the South 203rd Street Short Plat for 190 linear feet of streets, 335 linear feet of storm sewer line, 1 manhole, 5 catch basins, and 17,600 cubic feet of detention pond storage was accepted. The project is located at 20405 - 98th Place South. J. Totem Middle School Portables Bill Of Sale. (CFN-484) The Bill of Sale for f the Totem Middle School Portables for 21 linear feet of watermain, 1 gate valve, 188 linear feet of streets, 39 linear feet of storm sewer line, and 1 manhole was accepted. The project is located at 26630 - 40th Avenue South. K. Kent South Planned Unit Development ('"PUD") Sanitary Sewers Bill of Sale. (CFN-484) The Bill of Sale for the Kent South PUD for 2,258 linear feet of f sanitary sewer, and 15 manholes was accepted. The project is located at Riverview Boulevard south of 216th i L. Kent South Planned Unit Development ("PUD") Watermains Bill of Sale. (CFN-484) The Bill of Sale for the Kent South PUD for 2,906 linear feet of watermain, 19 gate vales, and 7 hydrants was accepted. The project is located at Riverview I Boulevard South of 216tn M. Upper Mill Creek Culvert Replacement at SE 264th St. (CFN-1038) The Upper Mill Creek Culvert Replacement at SE 264th Street was accepted as complete and release of retainage to Pivetta Brothers, upon standard releases from the state and release of any liens, was authorized. The original contract amount was $368,645.05. The final contract amount was $342,080,95. N. 2009 King County Public Entity Services Contract. (CFN-122) The Mayor was authorized to sign the 2009 King County Public Entity Services Contract, subject to approval of final terms and conditions by the City Attorney. 4 Kent City Council Minutes January 20, 2009 O. Appointment to Bicycle Advisory Board. (CFN-997) The Mayor's appointment of Ben Atkinson to serve on Kent's Bicycle Advisory Board was confirmed. He will fill a vacancy on the Board and his appointment will expire December 31, 2011. P. Kent Land Use & Planning Board Re-appointments. (CFN-174) The Mayor's re-appointments of Jack Ottini and Aleanna Kondelis to Kent's Land Use & Planning Board were confirmed. Their re-appointments will expire on December 31, 2011. OTHER BUSINESS A. Landsburgi Mine Update. (CFN-1038) The City Attorney explained that the Landsburg Mine is located in the Ravensdale area near the City's Clark Springs water source. He noted that prior to its closing in 1975, a considerable amount of hazardous waste was dumped into the mine. Mike Mactutis displayed a map of the area and outlined the history of the mine. He said the location of the hazardous waste is unknown, but that there have not been any samples which have tested positive for hazardous waste up to this point. He noted that City staff has been meeting with the Department of Ecology since the 1990's. Mactutis noted that the Department of Ecology and the potentially liable parties are developing a clean-up action plan, and that the City is developing a strategy to ensure that its issues are dealt with. City Attorney Brubaker emphasized that there is no imminent threat and stated that the City may participate in litigation if it is not successful in getting its issues resolved. B. Mill Creek Watershed Plan and Update. (CFN-1032) Public Works Director Blanchard explained actions which have been taken to help reduce flooding through- out the city. Mike Mactutis then showed pictures of some of the flooding issues and damages specifically near Mill Creek. He also outlined proposals for various projects which would cut down on flooding in the area. REPORTS A. Council President. (CFN-198) No Report was given. B. Mayor. (CFN-198) The Mayor noted that Community Services employee Frank Nichols recently passed away. 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 their last meeting was a joint meeting with representatives from the Des Moines Planning and Economic Development Committee, continuing to talk about the Envision Midway project. She added that the next meeting of the committee will be on February 9 at 5:00 p.m. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held at 5:00 p.m. on Tuesday, February 10. 5 i Kent City Council Minutes January 20, 2009 G. Public Works Committee. (CFN-198) Ranniger noted that because of the Martin Luther King holiday on January 19, their meeting was rescheduled to January 26 at 5:00 p.m. and that they will continue to track the Landsburg Mine issue. H. Administration. (CFN-198) Hodgson reminded Councilmembers of a ten-minute Executive Session to discuss two items of property negotiations and one possible pending litigation item. He said there will be no action after the Executive Session. It was clarified that the Landsburg Mine could be discussed during the Executive Session. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:30 p.m. and reconvened at 9:20 p.m. (CFN-198) ADJOURNMENT I The meeting adjourned at 9:20 p.m. (CFN-198) Brenda Jacober, CMC J City Clerk 4 l l i 1 6 i I I i i i Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - 6C jl 1. SUBJECT: 2009 GOVERNMENT RELATIONS CONSULTING SERVICES AGREEMENT WITH OUTCOMES BY LEVY AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement with Outcomes by Levy in the amount of $63,600 for lobbying services, and ratify all acts consistent with the terms of the agreement. Since 2000, the City has contracted annually with Doug 'Levy of Outcomes by Levy to provide lobbying services for the City of Kent. Mr. Levy has proven himself to be extremely effective in advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding the issues of importance to Kent. I I 3. EXHIBITS: Consultant Services Agreement and memo 4. RECOMMENDED BY:_Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? j Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds I I i i DISCUSSION: I ACTION: i i i ECONOMIC DEVELOPMENT Ben Wolters, Director Phone: 253-856-5710 Fax: 253-856-6700 • KENT Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 TO: Kent City Council FROM: Ben Wolters DATE: February 04, 2009 SUBJECT: 2009 Government Relations Consulting Services Agreement with Outcomes by Levy - Authorize Since the year 2000, the city has contracted annually with Doug Levy of Outcomes by Levy to provide services for the city of Kent. These services include the following activities: ■ Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. ■ Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. • Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. • Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. Assist with pursuit of funding for Kent projects, particularly at the state and federal levels Mr. Levy has proven himself to be extremely effective in advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding the issues of importance to Kent. Recommendation: Staff recommendations the approval of the 2009 contact • KEN T WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Outcomes by Levy THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Outcomes by Levy organized under the laws of the State of Washington, located and doing business at 15619 NE 62nd Place, Kenmore, WA 98028; 425-922-3999 (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: Scope of Work: The following outlines the scope of work under this Agreement. Specific work plans shall be developed mutually and reviewed on a regular basis. ■ Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. ■ Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. ■ Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. ■ Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. ■ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels. Reporting and Communication: The Consultant shall communicate weekly with designated staff regarding work under this Agreement. Monthly summaries of work completed shall be appended to invoices for payment. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I during the year 2009 and ending on December 31, 2009. i III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Three Thousand and six hundred dollars ($63,600.00), not including approved and agreed upon expenses for the services described in this Agreement, The City shall reimburse the Consultant for expenses incurred while doing business on the City's behalf, which shall be limited to meals, parking, lodging, mileage at the State of Washington's standard reimbursement rate, phone calls attributable to City of Kent business, legislative session office space and expenses, and other travel and conference/meeting expenses where such attendance is directed by the City . Where such expenses are incurred in connection with work on legislative or regulatory issues affecting the Contractor's other relevant clients, these expenses shall be pro-rated to maximum extent practicable. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. 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, Doug Levy/ 1/27/2009Page 2 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. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 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. Doug Levy/ 1/27/2009Page 3 I B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the ' covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. 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 I of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 1 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. L_ 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 S 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. 1 i I Doug Levy/1/27/2009Page 4 I 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) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Doug Levy John M. Hodgson, CAO Outcomes by Levy City of Kent 15619 NE 62"d Place 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 (425) 922-3999 (telephone) (253) 856-5710 (telephone) 425 424-8921 facsimile (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department Doug Levy/ 1/27/2009Page 5 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: I. 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. a i Dated this day of , 200_. i ' By: For: Title: Date: ! i EEO COMPLIANCE DOCUMENTS- 1 ! CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. i 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. l :' Dated this day of , 200 By: For: Title: S Date: y I i' I EEO COMPLIANCE DOCUMENTS-3 I Exhibit A Scope of Work: The following outlines the scope of work under this Agreement. Specific work plans shall be developed mutually and reviewed on a regular basis. ■ Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. ■ Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. ■ Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. ■ Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. • Assist with pursuit of funding for Kent projects, particularly at the state and federal levels. Reporting and Communication: The Consultant shall communicate weekly with designated staff regarding work under this Agreement. Monthly summaries of work completed shall be appended to invoices for payment. EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. I i I I _ J J 1 I i I i Kent City Council Meeting Date February 2009 eb uar 3 Category Consent Calendar - '6D 1. SUBJECT: FEDERAL LOBBYIST AGREEMENT WITH VAN NESS FELDMAN - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement with Van Ness Feldman in the amount of $90,000 for federal lobbying services, and ratify all acts consistent with the terms of the agreement. Van Ness Feldman, a Washington D.C. law firm will provide federal lobbying services to the City of Kent with a particular emphasis on the Washington State Congressional delegation. This contract with Van Ness Feldman will not exceed $90,000. i 3. EXHIBITS: Consultant Services Agreement and Memo 4. RECOMMENDED BY: 'OperationsiCommittee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No i 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds I I DISCUSSION: i i ACTION: I�i ECONOMIC DEVELOPMENT Ben Wolters, Director Phone: 253-856-5710 Fax: 253-856-6700 • KENT Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 TO: Kent City Council FROM: Ben Wolters DATE: February 04, 2009 SUBJECT: 2009 VanNess, A Professional Corporation Contract Van Ness Feldman will provide the City with comprehensive federal representation and will work with the Mayor, City Council and City departments to develop and implement both a short term and long range federal relations strategy in support of City projects, policies, and programs that are influenced or supported by federal policies and funding • Work with the City's federal relations manager, city departments, mayor, and city council on developing and implementing a strategy to secure federal funding and policy support for the following key federal relations priorities in 2009 and beyond: 1. Funding from this year's reauthorization of the Federal Transportation Reauthorization Bill and through the yearly discretionary appropriations bills for key grade separations and other significant transportation project priorities for Kent. 2. Funding and policy support for replacing the Green River levee system in Kent, adoption of a reasonable interim flood zone and flood insurance program until the levee system is replaced, repaired and recertified, and support for recertification of the levee system by the federal government once repairs and replacement have been completed. 3. Continued federal funding and regulatory policy support for the Green/Duwamish Rivers Ecosystem Restoration projects and program. 4. Continued federal support for local law enforcement and crime prevention. 5. Restoring Human Service and Community Development block grant funding in support of growing human service needs in the Kent community. 6. Identify federal policies, regulatory programs and grants that can support the City of Kent's strategic goals. i 7. Other federal opportunities and issues as they arise. i • Coordinate and advocate for the City of Kent's appropriations requests to the Washington Congressional delegation on behalf of levee repair, transportation, habitat restoration and other municipal priorities identified by the City. i Recommendation: The staff recommendations the approval of the 2009 contact. l_ i f i 1 I i i I • KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Van Ness Feldman, a Professional Corporation THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Van Ness, a Professional Corporation, organized under the laws of the State of Washington DC, located and doing business at 1050 Thomas Jefferson Street N.W., Washington D.C., 20007-3877, (202) 298-1956 (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: Provide federal legislative representation to the City of Kent, with particular emphasis on the Washington State congressional delegation, as further described in Consultant's work program attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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 beginning on January 1, 2009 and ending on December 31, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Thousand Dollars and no/100 ($90,000.00) 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 charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) i 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 S 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. i The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. - CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) { X. OWNERSHIP AND USE OF RECORDS 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. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 4 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: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ben McMakin Ben Wolters, Economic Development Director VanNess Feldman City of Kent 1050 Thomas Jefferson St., N.W. 220 Fourth Avenue South Washington, D.C. 20007-3877 Kent, WA 98032 (202) 298-1800 (telephone) (253) 856-5703 (telephone) j (202) 338-2716 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department i f 1 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) i 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. S. 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 i CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i i 1 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor S 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. i I i l EEO COMPLIANCE DOCUMENTS - 2 I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Work Program Van Ness Feldman(Firm) agrees to provide federal representation to the City of Kent(City), beginning on January 1, 2009 to December 31St, 2009. Van Ness Feldman will provide the City with comprehensive federal representation and will work with the Mayor, City Council and City departments to develop and implement both a short term and long range federal relations strategy in support of City projects, policies, and programs that are influenced or supported by federal policies and funding. Toward this end, Van Ness Feldman will implement the following work plan on behalf of the City of Kent: • Work with the City's federal relations manager, city departments, mayor, and city council on developing and implementing a strategy to secure federal funding and policy support for the following key federal relations priorities in 2009 and beyond: 1. Funding from this year's reauthorization of the Federal Transportation Reauthorization Bill and through the yearly discretionary appropriations bills for key grade separations and other significant transportation project priorities for Kent. 2. Funding and policy support for replacing the Green River levee system in Kent, adoption of a reasonable interim flood zone and flood insurance program until the levee system is replaced, repaired and recertified, and support for recertification of the levee system by the federal government once repairs and replacement have been completed. 3. Continued federal funding and regulatory policy support for the Green/Duwamish Rivers Ecosystem Restoration projects and program. 4. Continued federal support for local law enforcement and crime prevention. 5. Restoring Human Service and Community Development block grant funding in support of growing human service needs in the Kent community. 6. Identify federal policies, regulatory programs and grants that can support the City of Kent's strategic goals. 7. Other federal opportunities and issues as they arise. • Coordinate and advocate for the City of Kent's appropriations requests to the Washington Congressional delegation on behalf of levee repair, transportation, habitat restoration, and other municipal priorities identified by the City. • Manage relationships with key staff in the Washington congressional delegation. I • Coordinate with the City of Kent visits to Washington, D.C. by City officials working on Kent's priority projects and other municipal interests. • Design and implement an outreach plan to bring Members of Congress and congressional staff to the City of Kent for further discussion and education on the needs and opportunities for federal support of the Kent communities' priorities. • Monitor legislative initiatives of interest to the City of Kent. • Assist City Departments with tracking, identifying, and securing grant opportunities in support of City priorities and initiatives, including human services, open space, law enforcement, environmental and energy conservation, and others. • Provide updates, strategy development and coordination via monthly conference calls with the City of Kent staff on the progress of the work, next steps, and assignment of tasks between the lobbyist and City staff in support of the ongoing work program. These monthly calls will be supplemented by meetings and e-mail reports as needed. Ben McMakin for VanNess Feldman and Ben Wolters for the City of Kent will develop the agenda for these monthly calls in consultation with the leads of the City departments involved with the federal issues to be discussed and who will participate in those calls and meetings. Funding for Public Works' grade separation and levee replacement projects will be leading issues for the monthly calls. Ben McMakin will have primary responsibility for this representation. If necessary, he may request assistance from other professionals in the firm to provide the City with the most effective, efficient, and timely representation. Rick Agnew will provide additional support for Kent from the Firm's Seattle office. The City of Kent will pay the Firm a monthly retainer of $7,500. The retainer includes all associated costs, such as travel, printing, phone, etc, including all costs for one in person visit to Kent requiring air travel by up to two members of the Van Ness Feldman team. Additional air travel requested and required by Kent will be supplemental j to the retainer and charged, without markup, as incurred. Van Ness Feldman understands that cities often work with significant budget constraints for this type of work and will work with the City on a work schedule that fits within the City's budget parameters and still accomplishes the work needed. Van Ness Feldman will include in its billing statements all charges and disbursements for expenses incurred specifically for its representation of the City of Kent. A detailed statement of amounts due for professional services and expenses will be provided to the City of Kent on a monthly basis. The contract will not exceed a total amount of$90,000. The City agrees to provide monthly payment within 45 days of receipt. The City of Kent consents to being listed as a Firm client on firm promotional materials. This consent includes to permitting the firm to generally describe the matters on which we have or are representing you to the extent that those matters are public knowledge. 4 ' The City of Kent has the right to terminate this engagement by written notice at any time. It is further agreed that after the conclusion of this contract, Van Ness Feldman will offer to return the files to the City of Kent. If Van Ness Feldman does not receive instructions as to the disposition of these files within 60 days after said offer, it is agreed that Van Ness Feldman need not retain such files for more than three (3) years, after which it may destroy all such materials that do not have intrinsic value. The City of Kent further agrees that Van Ness Feldman may retain a copy of materials in such files, at its own expense. � } } � ) \ EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS } ) � No Insurance is required Art this Contract. \\ 1 > � � ( \ � \\ � � < } ` d ' \\ � ( } ( {\ � � \\ } (? � ( \ \/ } ) � ( ) � ( ) Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - 6E 1. SUBJECT: KENT DOWNTOWN PARTNERSHIP AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement with the Kent Downtown Partnership for economic development services in the amount of $33,600. Kent Downtown Partnership provides services to the City of Kent in an effort to increase economic development of Kent's downtown core and assists with the City in developing an improvement plan for downtown sidewalks, trees, and light posts. Kent Downtown Partnership works to encourage developers and businesses to locate in downtown Kent, and also funds downtown store front renovations and publishes advertisements inviting consumers to visit downtown Kent. 3. EXHIBITS: Consultant Services Agreement and memo 4. RECOMMENDED BY: Operations 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: ECONOMIC DEVELOPMENT Ben Wolters, Director Phone: 253-856-5710 Fax: 253-856-6700 • KENT Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 TO: Kent City Council FROM: Ben Wolters DATE: February 04, 2009 SUBJECT: 2009 Kent Downtown AKA Kent Downtown Partnership Agreement KDP will provide consultant services to the City of Kent in an effort to increase economic development of Kent's downtown core. KDP's services under this Agreement include, but are not limited to, assisting the City in developing an improvement plan for downtown sidewalks, trees, and light posts; encouraging developers and businesses to locate in downtown Kent; and publishing advertisements inviting consumers to visit downtown Kent. Recommendation: The staff recommendations the approval of the 2009 agreement. • KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Kent Downtown THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Downtown DBA Kent Downtown Partnership organized under the laws of the State of Washington, located and doing business at 202 W. Gowe St., Suite, Kent, WA., 98032, (253) 813-6976 (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: Provide consultant services to the City of Kent in an effort to increase economic development of Kent's downtown core, in accordance with Consultant's 2009 Work Plan attached and incorporated as Exhibit A. Consultant's services under this Agreement include, but are not limited to, assisting the City in developing an improvement plan for downtown sidewalks, trees, and light posts; encouraging developers and businesses to locate in downtown Kent; and publishing advertisements inviting consumers to visit downtown Kent. 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 within the dates of January 1, 2009 through December3l, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $33,600.00 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 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$10,000) 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. I- IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has l- 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, j 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 I 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. j CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) I 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$10,000) i 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 j 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. I 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$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jacquie Alexander [Ben Wolters, Economic Development Director Kent Downtown City of Kent 202 W. Gowe St., Suite A. 220 Fourth Avenue South Kent, WA. 98032 Kent, WA 98032 (253) 813-6976 (telephone) (253) 856-5703 (telephone) (253) 520-0206 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. 1 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 j 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 I sex, race, color, national origin, age, or the presence of all sensory, mental or physical ( disability. 1 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. S. 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: i Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY 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 i 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: I ,I 1 i I EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Kent Downtown Partnership's 2009 Work Plan Billing Requirements: We bill on a monthly basis for$2,800 and the total annual contract is $33,600.00. Jacquie Alexander, Executive Director Organization 1. Identify and fill staff needs for administration. 2. Encourage Property Owners to become more involved in KDP. In process 3. Parking issues. 4. Establish a "Finance Committee". 5. Work with the City of Kent in developing a plan for the expenditure of $4.0 million on sidewalks, trees &light posts in Downtown Kent. Plan to include monthly reports from the Public Works Department on the projects. Economic Development 1. Fill three vacant storefronts with retail on Meeker Street. 2. Work with the City of Kent to find a developer for the "Fire Property" at Second and Meeker. 3. Assist Bruce Anderson in finding a suitable replacement for the UGN store in the Meeker Emporium. 4. Repair &maintain the Kiosk. (It is an ongoing process) 5. Provide lighting options for an additional 6 buildings in Downtown Kent. 6. Provide new non-season banners at 22 existing locations in downtown and add 12 new locations on Second Avenue between Smith and Gowe Streets. 7. Obtain bids on music for Second Avenue between Smith &Gowe. 8. Coordinate the marketing Downtown Kent with the Seattle Thunderbirds and the new Events Center Operator, SMG. Design 1. Install 14-foot streetlights on Meeker (with city) 2. Establish a person/crew/company responsible for sidewalk/planter cleaning and graffiti removal. In process. 3. Assist in new store front on the Children's Bookshop and the Children's Hospital Thrift Store. 4. Fund at least one additional store front project during 2008. Promotion 1. Advertise in South County Publications. 2. Target the RJC I Safety & Security 1. Recommend a foot patrol (city or private) walking between Smith &Titus & Central &Fourth, or more bicycle presence in the same area. i I i` i v r' i 1 I t l 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage I I EXHIBIT B (Continued) I� 2. maintained by the City shall be excess of the Contractor's insurance and j shall not contribute with it. 3. 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. 4. The City of Kent shall be named as an additional insured on all policies I (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as 1 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 I_ 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. I` 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. i i i I I i. MEM11111 S 1._1 a,n bra C 40 36 01 06 SEP z 240� NAMED KENT DOWNTOWN PARTNERSHIP AGENT BELL-ANDERSON AGENCY INC INSURED CORPORATION NAME PO BOX 887 AND AND MAILING 202 W GOWE ST STE A ADDRESS KENT, WA 98035 ADDRESS KENT, WA 98032 46--21058 (253) 852-1680 POLICY NUMBER: 01-CH-627383-2 The Umbrella Advantage I Part of "TOTAL ACCOUNT SELLING" Here's why you should Include ain umbrella In your client's portfolio: 1. Umbrellas protect your client's assets by providing higher liability limits and some broadened coverages as well as replacement limits when underlying aggregates are exhausted. 2. Umbrellas reduce the possibility for AGENTS ERRORS and OMISSIONS LOSSES. 3. Umbrellas provide additional commission DOLLARS in your pocket. Remember, Quote and Issue (Q&I) for the Ultra Catastrophe Liability Policy is now available when an eligible Ultra Businessowners or Ultra Specialty Services policy was quoted using Q C I. It is easy to use and should be made a part of every insurance proposal. For more details, contact your commercial umbrella specialist or sales professional. i (ALERN+) Agent Copy Sateco and the Sateco logo are registered trademarks of Safeco Corporal Ion C 40 35 01 06 EP C-AG-09-PRINT001.4140.0001-R MUMr .. FIRST NATIONAL INSURANCE CO. OF AMERICA SEATTLE, WASHINGTON COMMERCIAL PACKAGE POLICY NAMED KENT DOWNTOWN PARTNERSHIP RENEWAL DECLARATIONS � ( INSURED CORPORATION AND MAILING 202 W GOWE ST STE .A POLICY NUMBER 01--CH-627383-2 ADDRESS KENT, WA 98032 RENEWALOF 01—CH-627383-1 10-92 AGENT BELL—ANDERSON AGENCY INC NAME PO BOX 887 AND POLICY PERIOD FROM 10-16-08 TO 10-16-09 12:01 AM ADDRESS KENT, WA 98035 STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. 4621058 (25:3) 852-1680 THE TOTAL ESTIMATED PREMIUM FOR THE POLICY TERM IS $:380. 00. YOU WILL BE BILLED THROUGH YOUR CUSTOMER ACCOUNT #050-3127-152-01. THIS POLICY IS SUBJECT TO A FINAL AUDIT. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, THE COMPANIES INDICATED ON THE SPECIFIC COVERAGE PART DECLARATIONS AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS RENEWAL SERVES THE SAME PURPOSE AS WRITING A NEW POLICY WITH THE SAME PROVISIONS, CONDITIONS AND INSURING AGREEMENTS. THE INDIVIDUAL COVERAGE PART DECLARATIONS WHICH FOLLOW, LIST ALL OF THE FORMS THAT APPLY TO YOUR RENEWAL AND THOSE, IF ANY, WHICH NO LONGER APPLY. ONLY NEW OR REVISED FORMS ARE ATTACHED TO THIS RENEWAL. YOU MUST ADD THEM TO YOUR PRIOR POLICY. COMMERCIAL PROPERTY COVERAGE PART . . . . . . . . . . . . . . $ 110.00 COMMERCIAL GENERAL LIABILITY COVERAGE PART . . . . . . . . . . . . . . $ 268.00 378.00 PREMIUM FOR CERTIFIED ACTS OF TERRORISM . . . . . . . . . . . . . . $ 2.00 TOTAL POLICY PREMIUM . . . . . . . . . . . . . . $ 380.00 I 1 COUNTERSIGNATURE BY (DATE) (AUTHORIZED REPRESENTATIVE) Safeco and the Safeco logo are registered trademarks of Safeco Corporation r.r... 9-CCR(0207) COMPANY USE ONLY NORTHEAST 25 (CALERN)CB AGENT COPY PREPARED 09-09-08 Page 1 C•AG4 WRINT001.41440003•R FIRST NATIONAL INSURANCE CO. OF AMERICA SEATTLE, WASHINGTON PREMISES ADDRESSES PAGE PR 1 NAMED INSURED; KENT DOWNTOWN PARTNERSHIP POLICY NUMBER; 01-CH-627383-2 PREMISES 1 202 W GOWE ST STE K (R/A 201-13 1ST AVE S #027530) KENT, WA 98032 rrr �R ..r 9-CC(PR) (0207) NORTHEAST (CAL,ERN) PREPARED 09-09-08 C•AG-M-P R I N T001-414p-M-R FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS PAGE CP 1 i NAMED INSURED: KENT DOWNTOWN PARTNERSHIP POLICY NUMBER: 01-CH-627383-2 j PREMISES 1 202 W GOWE ST STE K (R/A 201-13 1ST AVE S #027530) KENT, WA 32 BUILDING 1 FIRST NATIONAL INSURANCE CO. OF AMERICA OCCUPANCY: OFFICE ------------------------------------------------- APPLICABLE TO THIS BUILDING LIMIT OF DEDUCTIBLE RATE PREMIUM � ----------------INSURANCE---- - I{ OFFICE CONTENTS-----M- - $ 1,320 $ 250 COINSURANCE: 90% SPECIAL CAUSES OF LOSS $ 8.311 $ 110.00 CERTIFIED ACTS OF TERRORISM .008 1.00 REPLACEMENT COST s'ts'c4rics'tics?s�4rias'cirsY�cir�cit>c9c$r ------------ COMMERCIAL PROPERTY TOTAL $ 111.00 A PREMIUM OF $ 1.00 IS INCLUDED IN THE 'TOTAL ABOVE FOR CERTIFIED ACTS OF TERRORISM. A PORTION OF THIS PREMIUM INCLUDES FIRE LOSSES FROM CERTIFIED ACTS OF TERRORISM AS REQUIRED BY CERTAIN STATES. t I_ l 9-CC(CP) (0207) NORTHEAST (CALER) PREPARED 09-09-08 CMD40 SEQ.0001 I� O-AG-09-PRINr001-4140-0007-R 1 �SEATTLE,-WASHINGTON COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS PAGE CG 1 NAMED INSURED: KENT DOWNTOWN PARTNERSHIP POLICY NUMBER: 01-CH-627383--2 FORM OF BUSINESS: ORGANIZATION OTHER THAN A PARTNERSHIP OR JOINT VENTURE --------------------------------------------------------------------__------------- L I M I T S O F I N S U R A N C E ----------------------- ----------__-----------------------------------------------___- COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS-COMPLETED OPERATIONS) 2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT 2,000,000 PERSONAL AND ADVERTISING INJURY LIMIT 1,000,000 EACH OCCURRENCE LIMIT 1,000,000 DAMAGE TO PREMISES RENTED TO YOU (ANY ONE PREMISES) 1,000,000 MEDICAL EXPENSE LIMIT (ANY ONE PERSON) 10,000 EMPLOYMENT PRACTICES LIABILITY AGGREGATE LIMIT 10,000 EACH CLAIM LIMIT 10,000 -----------------.---__--_--_ ---____..______-__------------------------------------------ RETROACTIVE DATE OF 10-16-07 APPLIES TO SECTION I OF THE EMPLOYMENT PRACTICES LIABILITY FORM. THIS INSURANCE DOES NOT APPLY TO ANY 'EMPLOYMENT PRACTICES' WHICH OCCURRED BEFORE THE RETROACTIVE DATE. ----------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- CODE CLASSIFICATION-PREMIUM BASIS EXPOSURE RATE PREMIUM ------------------------------ -------------_------------------------------------------ COMMERCIAL GENERAL LIABILITY OTHER THAN PRODUCTS-COMPLETED OPERATIONS PREMISES 1 15124 MARKETS - OPEN AIR - (LESSOR'S RISK ONLY) - NOT-FOR- PROFIT ONLY PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT GROSS SALES (PER $1,000) 32,782 2.4950 $ 82.00 x 48558 SOCIAL GATHERINGS AND MEETINGS - ON PREMISES NOT OWNED OR OPERATED BY THE INSURED -- NOT-FOR-PROFIT ONLY PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT (PER LOCATION) 5 22.9070 115,00 TO MEET COVERAGE MINIMUM 30.00 61227 BUILDINGS OR PREMISES - OFFICE - NOT-FOR-PROFIT ONLY - N.O.C. PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT AREA (PER 1000 SQUARE FEET) 50 126.6150 6.00 9-CC(GL) (0207)NORTHEAST (CALER) PREPARED 09-09-08 CMD40 SEQ.0001 C-AM-PRIN1001-41400008-R i COMMERCIAL GENERAL LIABIL:TY COVERAGE PART DECLARATIONS PAGE CG 2 NAMED INSURED: KENT DOWNTOWN PARTNERSHIP POLICY NUMBER: 01-CH-627383-2 I -------------------------------------------_---_--------------------------_____------------- CODE CLASSIFICATION-PREMIUM BASIS EXPOSURE -------RATE ------PREMIUM EMPLOYMENT PRACTICES LIABILITY PREMISES NA 00234 EMPLOYMENT PRACTICES LIABILITY (PER UNIT) $ 35.00 icy'cir�4o4�4iciciriric�Yiticicictt:ri PREMIUM ADJUSTMENTS: CERTIFIED ACTS OF TERRORISM $ 1.00 COMMERCIAL GENERAL LIABILITY TOTAL $ 269.00 II l I a n r II ww� wiw �w I 9-CC(GL) (0207)NORTHEAST (CALER) PREPARED 09-09-08 CMD40 SEQ.0001 C-AG•09•PRINT001-4140.0009•R FIRST NATIONAL INSURANCE CO. OF AMERICA SEATTLE, WASHINGTON POLICY FORMS PAGE PF 1 NAMED INSURED: KENT DOWNTOWN PARTNERSHIP POLICY NUMBER: 01-CH-627383-2 THE FOLLOWING FORMS APPLY TO THIS POLICY: COMMERCIAL PROPERTY ------------------- CPO010(0402) - BLDG & PERSONAL PROPERTY COVERAGE FORM CP0090(0788) - COMMERCIAL PROPERTY CONDITIONS CP0126(0108) - WASHINGTON CHANGES CP0140(0706) - EXCL OF LOSS DUE TO VIRUS OR BACTERIA CP0160(1298) - WASHINGTON CHANGES - DOMESTIC ABUSE CP1030(0402) - CAUSE OF LOSS - SPECIAL FORM CP7591 (1102) - PROPERTY PLUS ENDORSEMENT IL0146(0903) - WA COMMON POLICY CONDITIONS IL0157(0489) - WA CHANGES - ACTUAL CASH VALUE IL0173(1298) - WA CHANGES - EXCLUDED CAUSES OF LOSS IL0935(0701) -- EXCL OF CERTAIN COMPUTER-RELATED LO;ISES ILO952(0308) - CERT ACTS OF TERRORISM - CAP ON LOSSES IL7049(0505) - RENEWALS WITHIN AFFILIATED IL7201 (0392) - COMPANY COMMON POL CONDITIONS COMMERCIAL GENERAL LIABILITY ---------------------------- CG0001(1207) - COMMERCIAL GENERAL LIABILITY COV FORM CGO181 (0508) - WASHINGTON CHANGES CGO197(1207) - WASHINGTON CHANGES-EMPLOYMENT CG2170(0108) CAP ON LOSSES - CERTIFIED ACTS TERRORISM CG7635(0207) - LIABILITY PLUS ENDORSEMENT CG8023(0207) - EMPLOYMENT PRACTICES LIABI CG8026(0207) - NUCLEAR ENERGY EXCLU - EMP CG8027(0207) - WA CHGS-REP-EMPLOYMENT PRA CG8613(1001) - EXCLUSION - ASBESTOS CG8663(0202) - WA-FUNGI OR BACTERIA EXCLUSION _ IL0021 (1185) NUCLEAR ENERGY EXCL. ENDT. (BROAD FORM) :�. IL0146(0903) - WA COMMON POLICY CONDITIONS IL7049(0505) - RENEWALS WITHIN AFFILIATED IL7201 (0392) - COMPANY COMMON POL CONDITIONS r=- .�.:.. 9-CC(PF) (0207) NORTHEAST (CALERN) PREPARED 09-09-08 C-AG;YJ.PRINT001.4140-0011-R i FIRST NATIONAL INSURANCE CO. OF AMERICA SEATTLE, WASHINGTON I i i POLICY FORMS PACE PF 2-LAST NAMED INSURED: KENT DOWNTOWN PARTNERSHIP POLICY NUMBER: 01-CH-627383-2 THE FOLLOWING FORMS NO LONGER APPLY TO THIS POLICY: COMMERCIAL PROPERTY CP0126(0602) - WASHINGTON CHANGES IL0952(1102) ~ CERT ACTS OF TERRORISM - CAP ON LOSSES COMMERCIAL GENERAL LIABILITY f ---------------------------- CG0001 (1204) - COMMERCIAL GENERAL LIABILITY COV FORM CG0067(0305) - EXCLUSION - VIOLATION OF STATUTES CGO181 (0798) - WASHINGTON CHANGES I- CGO197(1204) - WASHINGTON CHANGES•--EMPLOYMENT CG2170(1102) _ CAP ON LOSSES - CERTIFIED ACTS TERRORISM i i x ( h 1 1 I� l_ t I I 9-CC(PF) (0207) NORTHEAST (CALERN) PREPARED 09-09-08 C-AG-WRINT001-4140-MM-L I i 1 i Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - 6F 1. SUBJECT: CONFLICT PUBLIC DEFENSE SERVICES AGREEMENT AMENDMENT NO. ONE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to execute Amendment No. 1 to the Conflict Public Defense Services Agreement with Jordan Law Offices which j extends the contract term through December 31, 2009, and authorizes the Human Services Manager to extend the Agreement for two additional one-yeas terms. The City is required by statute to provide public defender services for individuals unable to afford legal representation when charged with a crime in Kent Municipal Court. In those cases where the City's primary public defenders, Stewart, Beall, MacNichols, and Harmell, is unable to represent an indigent defendant due to a conflict of interest, Jordan Law Offices steps in to represent that defendant. 3. EXHIBITS: Amendment No. 1 to Conflict Public Defense Services Agreement 4. RECOMMENDED BY: iParks and Human Services Committee' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds I i DISCUSSION: i ACTION: I i i Page 15 K�NT WA SNIHaT4M AMENDMENT NO. 1 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES (between City of Kent and Jordan Law Office, P.S.) THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES ("Amendment No. 1") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and JORDAN LAW OFFICE, P.S., a Washington professional services corporation ("Conflict Counsel"). RECITALS A. The City and Conflict Counsel entered into an Agreement for Conflict Public Defense Services on May 26, 2008 (the "Agreement"), wherein Conflict Counsel agreed to provide public defense services for indigent defendants charged in the Kent Municipal Court who are not represented by the law firm on contract with the City for regular public defense services due to a conflict of interest. B. The Agreement expires on December 31, 2008, and includes a provision which authorizes the City,at its sole option, to extend the agreement for up to three (3) additional one year terms. The City and Conflict Counsel express their mutual intent and desire to amend the Agreement in order to extend the Agreement's term for an additional one year term. NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Contractor agree as follows: AGREEMENT 1. Paragraph 6 of the Agreement for Conflict Public Defense Services, entitled"Term of this Agreement," is amended as follows: 6. Term of this Agreement. This Agreement shall commence on May 19th, 2008, and shall be in force and effect through December 31, 20082009,with the City's sole option,through Its Housing_and Human Services Manager,to extend the Agreement for up to tli two additional one year terms, unless either party terminates this Agreement in accordance with Section 14 of this Agreement, entitled "Termination." At the commencement of this Agreement, all other agreements between the parties shall be superseded and shall be null and void. AMENDMENT NO. 1 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 1 OF 2 Page 16 . f I 2. Conflict Counsel certifies to City that the Agreement for Conflict Public Defense Services is in full force and effect and that there exist no uncured defaults on the part of the j Attorney under the Agreement. The City certifies to Conflict Counsel that the Agreement is in full force and effect, that there exist no uncured defaults on the part of the City under the Agreement. 3. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment No. 1 are hereby ratified and affirmed, and the terms of the Agreement and this Amendment No. 1 shall be deemed to have applied. 4. Except as specifically amended, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. JORDAN LAW OFFICE, P.S. CITY OF KENT By: By: Print Name: Print Name: Suzette Cooke Title: Title: Mayor Date: Date: APPROVED AS TO FORM: By: City of Kent Law Department ATTEST: 1 By: Brenda Jacober, City Clerk I i i' P:\Civl I\Flies\OpenFlles\1215\]o rd an LawOfnce-Amend nnen[1.doc AMENDMENT NO. 1 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 2 OF 2 1 Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - 6G 1. SUBJECT: PUBLIC DEFENSE SERVICES AGREEMENT AMENDMENT NO. THREE AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to execute Amendment No. 3 to the Public Defense Services Agreement with Stewart, Beall, MacNichols, and Harmell which extends the contract term through December 31, 2011. The City is required by statute to provide public defender services for individuals unable to afford legal representation when charged with a crime in Kent Municipal Court. The City currently contracts with Stewart, Beall, MacNichols and Harmell for these services. Staff recommends continuing to contract with this firm. 3. EXHIBITS: Amendment No. 3'to Public Defense Services Agreement i 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X ' Revenue? N/A Currently in,the Budget? Yes X No 6. CITY COUNCIL ACTION: i Councilmember moves, Councilmember seconds i i i i DISCUSSION: ACTION: i i Page 19 � .T WAk NINbTEMb4 AMENDMENT NO. 3 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between City of Kent and Stewart Beall MacNichols & Harmell, Inc., P.S.) THIS AMENDMENT NO. 3 TO THE AGREEMENT FOR PUBLIC DEFENSE SERVICES ("Amendment No. 2") is made between the CITY OF KENT, a Washington municipal corporation ("City"),and STEWART BEALL MacNICHOLS &HARMELL, INC., P.S., a Washington professional services corporation ("Attorney"). RECITALS A. The City and Attorney entered into an Agreement for Public Defense Services on February 14, 2006 (the "Agreement"), wherein Attorney agreed to provide public defense services for indigent defendants charged in the Kent Municipal Court from January 1, 2006, through December 31, 2008. Due to a significant increase in the number of criminal filings,the Agreement was amended twice to increase Attorney's monthly compensation from the original amount of $22,920, to the current monthly rate of $36,000 per month. B. The Agreement expires on December 31, 2008. The City and Attorney express their mutual intent and desire to amend the Agreement in order to extend the Agreement's term for an additional three years, to maintain Attorney's compensation under the Agreement at $36,000 per month, and to remove the automatic application of an annual CPI increase to the Attorney's monthly compensation. NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Contractor agree as follows: AGREEMENT 1. Paragraph 7 of the Agreement for Public Defense Services, entitled"Term of this Agreement," is amended as follows: 7. Term of this Agreement. This Agreement shall commence on the 1"day of January, 2006, and shall be in force and effect through December 31, 20112088, unless terminated earlier pursuant to the provisions in this Agreement. At the commencement of this Agreement, all other agreements between the parties shall be superseded and shall be null and void. 2. Paragraph 11 of the Agreement for Public Defense Services, entitled "Compensation," Is amended as follows: AMENDMENT NO. 2 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 1 OF 4 Page 20 11. Compensation. I i a. Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows: The City shall provide to Attorney for services rendered under this Agreement and for the three-year term of this Agreement, the sum of FOUR HUNDRED THIRTY-TWO THOUSAND TWO HUNDRED SEVENTY FIVE THOUSAND ND FG TV 2 7C 040432 000 er DOLLARS ($�;o�o , p year, to be paid at the rate of THIRTY-SIX THOUSAND NINE HY NDRED TWENTY DOLLARS ($22,92836,000) per month.his year,amount will be raised annually, en the first day of eaeh ealendar by an amount equal to 90% of the percentage Inereas in the Gensumer Price index for Seattle Tacoma Bremerton (All YFban "Gill"). Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Attorney's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Appeals. The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant at trial. This service is to be included within the Scope of Services described in Section 1 of this Agreement and the Compensation provided for in Section 11(a) above. f c. Miscellaneous Costs. The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and j transcribing trial court records for appeal purposes if such costs have + not been waived. d. Billing. The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter: (i) for the monthly Installment set forth in subsection 11(a) I above; and (ii) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. In addition to the reporting requirements of Section 17 of this { Agreement, the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was appointed. The submission of the report with the monthly bill is a condition of payment under this Agreement. The City shall make payments on or before the 20th day of the month following the month for which services were rendered; provided, that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. I AMENDMENT NO. 3 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 2 OF 4 1 Page 21 / / 900 to aeeeunt for the 'nerease in workload as described in Reeltal B of Amendment No. 1. This payment shall be made in equal Installments from the date this Amendment is / through the period ending Deeember / / suel-I payments being made en the same date as the payments required under the erigina I A greement, The payment ef this additional earnpensation shall not be a guarantee of any additional eefflpensatien / I and unless the Agreement is further amended, t.he compensation rate fer 2008 shall be as stated in the original AgFeement. nveiee the City the flat manthly rate of $36,000 fer eaeh of the menths frem January 2008 through December 2008. This revised menthly flat rate incorporates the GPI due Atterney, in accerdanee w4tl Paragraph / fer . 3. Attorney certifies to City that the Agreement for Public Defense Services is in full force and effect and that there exist no uncured defaults on the part of the Attorney under the Agreement. The City certifies to Attorney that the Agreement Is In full force and effect, that there exist no uncured defaults on the part of the City under the Contract. 4. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment No. 3 are hereby ratified and affirmed, and the terms of the Agreement, Amendment No. 1,Amendment No. 2, and this Amendment No. 3 shall be deemed to have applied. S. Except as specifically amended,all remaining provisions of the Agreement and its amendments shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. STEWART BEALL MacNICHOLS CITY OF KENT & HARMELL, INC., P.S. By: By: Print Name: Print Name: Suzette Cooke Title: Title: Mayor Date: Date: APPROVED AS TO FORM: AMENDMENT NO. 3 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 3 OF 4 I Page 22 1 By: City of Kent Law Department i i ATTEST, By: Brenda Jacober, City Clerk P:\Civll\Files\OpenFiles\1215\S tewart8eallAg reeme nt-Amend ment3.doc �I I 1 I 1 I i AMENDMENT NO. 3 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 4 OF 4 r' Kent City Council Meeting Date February '3, 2009 Category Consent Calendar - 6H 1. SUBJECT: 2009 CITY ART PLAN AND 2009-2013 FIVE YEAR CITY ART PLAN - APPROVE 2. SUMMARY "STATEMENT: Approve the 2009 City Art Plan and the Five Year City Art Plan for 2009-2013. As part of the five year plan, the City 2009 Art Plan includes projects carried over from 2008 and project details for 2009; the five year plan includes art expendi- tures planned for'2009-2013. i i I 3. EXHIBITS:' 2009 City Art Plan and Five Year City Art Plan 2009-2013 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT; Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i I DISCUSSION: ACTION: I i CITY OF KENT Page 25 Parks, Recreation & Community Services Kent Arts Commission 2009 CITY ART PLAN FIVE YEAR CITY ART PLAN, 2009 - 2013 Ordinance 2552 Approved: Visual Arts Committee Kent Arts Commission City Council Sub-Committee: City Council I Page 26 CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2009 CITY ART PLAN I New Projects 2008 2009 Budget Budget Capital Project Artwork Clark Lake Park 10,700 Community Project Artwork: KDP Danny Pierce Murals 22,500 Community Project Artwork: Rotary/ArtWorks Mural 2,500 Interior Installation: Centennial Center 4,900 Portable Purchases: Summer Art Exhibit 5,000 Maintenance / Publicity/ Education 18,869 Previously Approved Projects In-Motion Clark Lake Park $10,000 Capital Project Artwork: Town Square Plaza $40,000 Subtotal $50,000 $64,469 TOTAL 2009 BUDGET FOR 19026223.66500.4310 $114,469 OTHER EXPENSES Salary &Administration (supplies, professional services, $110,731 maintenance/repair) TOTAL 2008 BUDGET FOR 10006223.4310 $110,731 �- Total $2 / capita 87,600 x 2 $175,200 TOTAL 2009 Anticipated Expenditures $225,200 ,1 I I 2 Page 27 KENT ARTS COMMISSION 2008 CITY ART PLAN NARRATIVE Project Title: Downtown Improvements, Town Square Park Project Description: .Artist Elizabeth Conner is fabricating internally illuminated sculptures along the 2nd Avenue edge of Town Square Park that will encourage pedestrian and vehicular traffic from Kent Station into Historic Downtown. The artworks will be installed in spring of 2009. Estimated Costs: $160,000 Funding Source: $58,OOO,from 2006 and 2007 City Art Plan, $40,000 from 2008 City Art Plan $62,000 from Parks Planning; construction credits Background: Design team artist Elizabeth Conner has been working with the City and designers of the park since 2003. The design work she has contributed to the project will be funded through Parks Planning, construction credits and two City Art Plan allocations (in 2006 and 2007). The artwork will provide aesthetic enhancements within the city that draw visitors to the main shopping district. Location: 2"d Avenue, between Kent Station and downtown Kent, across from the King County. Library. Project Title: Clark Lake Park Project Description: In 2006, the Kent Arts Commission commissioned an art plan for Clark Lake Park. This plan recommends funding several projects over multiple years. Estimated Costs: $10,000 Funding Source,: 2008 and 2009 City Art Plan Location: 121.05 acre park, between SE 240th Street & SE 248th Street at 127th Avenue SE. Facilities include: Fishing pier, public art, boardwalk, greenbelt, rough trail, parking. 3 Page 28 Project Title.: Community Art Project: KDP Danny Pierce murals � Project Description: Kent artist Danny Pierce has created 3 historic murals that are located in downtown Kent. The Kent Downtown Partnership (KDP) wants to extend this collection through gifts to the City. The City will support the KDP's goals by contributing matching funds. Danny Pierce's original oil paintings will become part of the City Art Portable Collection. A fabricator would be hired to execute Danny's original painting as an outdoor mural. Installation is the third step. Estimated Costs: $10,000 to commission each painting $12,000 to fabricate and install each mural Funding Source: Background: Danny Pierce is represented in numerous public and private collections including the Brooklyn Museum of Art, Museum of Modern Art, National Museum of Sweden, Seattle Art Museum, Princeton University, Huntington Museum and Smithsonian Institute. Location: 1st and Meeker Project Title: Community Art Project: Rotary/ArtWorks mural Project Description: The Kent Rotary is partnering with ArtWorks to create a 12' x 150' mural along the train corridor, employing 8 court involved youth from the King County VEST program, led by two artists from Artworks. Estimated Costs: $12,500 mural costs $16,140 wages $28,640 total Funding Sources: $2,500 City Art Plan $10,000 Rotary $16,140 King County VEST Background: ArtWorks is a non profit organization that empowers youth through professional opportunities in the arts. Our primary focus is transforming the lives of at risk and adjudicated youth through the creation of public art. Youth in our program gain employment, art and life skills training—and the murals that they create give them a sense of accomplishment and self esteem, while connecting them in a positive way to the community in which they live. i i i 4 ArtWorks has extensive experience in the creation of public art murals. Our muralspa9e 29 can be seen on the bus corridor in the SODO area of Seattle, at the Starbucks Coffee construction site on 15t and King in Seattle, or on the back of the Auburn Collision Building in Auburn. Our studio is currently located in Seattle, which has made it difficult for us to serve youth in the South King County area. A mural created in Kent will remove this barrier to participation. Location: train corridor Project Title: Interior Installation: Centennial Center Project Description: The painting "'Sight (Collecting)" was installed in the Centennial Center during the 2008 Kent Summer Art Exhibit. It fit a recess in the wall as if it had been especially commissioned, so the Kent Arts Commission decided to designate it a permanent installation. Estimated Costs: $4,900 Funding Source: 2009 City Art Plan Project Title: Portable Collection Purchases Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities. Estimated Costs: $5,000 Funding Source: 2009 City Art Plan Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction. Project Title: Maintenance/Collection Publicity/Education Project Description: Projects in-progress including the City Art Guide, Earthworks Park tours and promotions, and sculpture maintenance and repair. Estimated Costs: $18,869 Funding Source: 2009 City Art Plan Background: This fund may be used for maintaining and promoting existing artworks. 5 Page 30 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN 2009 -- 2013 2009 PROJECTS COSTS Capital Projects Total $64,469 Capital Project Artwork: Clark Lake Park 10,700 Community Project Artwork: KDP Danny Pierce Murals 22,500 Community Project Artwork: Rotary/ArtWorks Mural 2,500 ; Permanent Interior Installation: Paul McKee 4,900 Portable Purchases: Summer Art Exhibit 5,000 Maintenance / Publicity / Education 18,869 Administration/Maintenance 110,731 Year Total $175,200 2010 PROJECTS COSTS ! i Capital Projects Total 60,263 Clark Lake, Phase II Integrated Artwork 30,000 Capital Art Project 15,000 Maintenance/Collection Publicity/Education 10,263 Portable Art Collection Purchase 5,000 Administration/Maintenance 114,937 Year Total $175,200 2011 PROJECTS COSTS Capital Projects Total 54,517 Capital Project Artwork 39,000 Maintenance/Collection Publicity/Education 10,517 Portable Collection Purchases 5,000 Administration/Maintenance 120,683 Year Total $175,200 2012 PROJECTS COSTS Capital Projects Total 48,483 Community participation or reclamation art project 33,000 Maintenance/Collection Publicity/Education 10,483 Portable Collection Purchases 5,000 Administration/Maintenance 126,717 Year Total $175,200 2013 PROJECTS COSTS Capital Projects Total 42,148 Community participation or reclamation art project 28,000 ) Maintenance/Collection Publicity/Education 9,148 Portable Collection Purchases 5,000 Administration/Maintenance 133,052 Year Total $175,200 6 i 1 Page 31 Ordinance No . 2552 (Amending or Repealing ordinances) CFN=815 -- City Art Program CFN=104— Finance Passed 4/15/1985 Establishing City Art Program, Guidelines & Procedures Amended by Ords. 3428;3872 (Sec. 4.02.030 {formerly 2.34.0301) Page 32 i ORDINANCE NO. C71?S1-5-oC, AN ORDINANCE of the City of Kent, I1YN Washington relating to public art; establishing qU T` a City Art Program, directing establishment of guidelines and procedures for administration of �n l the City Art Program; establishing a City Art Fund; adding a new Chapter 2.35 Kent City Code k in conjunction therewith; amending Chapter 2.34 KCC concerning the City of Kent Arts Commission (Sections 1 - 6, Ordinance �n d( '��p, 1944); repealing KCC 3.14.368, the Arts 'V � jjXN Commission Fund (Section 7, Ordinance 1944) . / WHEREAS, the aesthetic nature and charm of the City of Kent shall be enhanced, and the citizens of the City of Kent shall hold and enjoy works of art for the public environment and welfare; and WHEREAS, the City intends to expand the opportunity for Kent residents to experience art in public places and to create a more visually pleasing and humane environment; and WHEREAS, it is appropriate to establish a means whereby the City of Kent Arts Commission shall maintain an orderly acquisition of art by the City of Kent; and WHEREAS, there shall be a City Art Program which shall consist of Guidelines, Procedures and an Art Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new Chapter 2.35 is added to the Kent City Code, as follows: CITY ART PROGRAM 2.35.010. ART FUND CREATED. There is hereby established a City Art Fund. Monies for the Fund shall be received from: A. ANNUAL BUDGET. Two (2) dollars per budget year for each City resident, based upon population data certified by i 1 i Page 33 I the State of Washington Office of Financial Management. Budgeted but unspent funds shall be maintained in the Art Fund, and carried forward at the end of each budget year. B. GIFTS, DONATIONS AND GRANTS. Private or public gifts, endowments, donations, bequests or other grants. C. OTHER. Such other sources as may be available. D. INTEREST FROM THE CITY ART FUND. 2.35 .020. FUND USE - ART PROGRAM - COLL,ECTION. A. Inclusions - The City Art Fund may be used for all costs for works of art, administrative costs of the City Art Program, and all costs of installation and maintenance. B. The City of Kent Arts Commission and Staff shall recommend the amount to be made available for the purchase of art, in consultation with City staff. The designation of projects and sites, selection, contracting, purchase, commissioning, review of design, execution and placement, acceptance, maintenance, sale, exchange, or disposition of work of art shall be recommended by the Kent Arts Commission and Staff, for approval by the City Council, in accordance with the City Art Program Guidelines. C. All works of art purchased and commissioned under the City Art Program shall become a part of a City Art Collection. The City Art Collection shall be developed, administered and operated by the Kent Arts Commission with cooperation and support of the Kent Parks Department Staff. D. The works of art may be placed on public lands, integrated with or attached to a public building or structure, detached within or outside a public building or structure, or part lof a portable collection or exhibit. 2 - I Page 34 i I ! 1 E. Nothing in this Chapter 'shall limit the amount of money the City of Kent may expend for art. 2.35 .030. GENERAL PROCEDURES. A. Upon consultation with the City of Kent Arts Commission, Guidelines and Procedures shall be prepared by Staff for the implementation of the Arts Program. Such Guidelines and Procedures shall be reviewed by the City of Kent Arts Commission and Staff annually, and recommendations shall be made to the City Council for approval. B. A City Art Plan including a schedule and budget (} for all City Art Program projects shall be prepared and updated annually by the City of Kent Arts Commission and Staff. The City Art Plan shall be reviewed and approved annually by the City Council. Section 2. Chapter 2 .34 KCC (Ordinance 1944, Sections 1 - 7) is amended as follows: KENT ARTS COMMISSION I- 2.34.0(-(-4+)10, ARTS COMMISSION CREATED. There is hereby (I created (( T •t-e---be -knowtt--fts4) the Kent Arts Commission. 4 2.34.0((84)20. PURPOSE. The City of Kent Arts Commission and Staff may, alone or in cooperation with any other private, civic or public body of any City, county or the State of Washington, initiate, sponsor or conduct programs calculated to V further public awareness of and interest in the visual and performing arts. 2.34.( K-2+)030 . MEMBERSHIP - TERM. The membership of 1) the City of Kent Arts Commission shall be twelve members to be appointed by the Mayor with the approval of the City Council. Of the first twelve members appointed, six shall be appointed for two years and six shall be appointed for four years, with the �y 1 3 - i Page 35 I I i respective terms of each initial appointee to be determined by lot. Subsequent appointments shall be for a period of four years or for the unexpired balance of the term for which appointed, whichever is the lesser period. In addition to the twelve appointed members, one member of the City Council shall be designated by the president of the Council to serve as an ex officio member of the City of Kent Arts Commission for a term of ' one year. 2.34.( (+Es-))040. OFFICERS - MONTHLY MEETINGS. The City of Kent Arts Commission shall elect its officers, including a chairman, vice chairman, and such officers as it may deem necessary. Such persons shall occupy their respective offices for a period of one year. The City of Kent Arts Commission shall hold regular public meetings at least monthly. 2.34(R-0-))050. RULES - PUBLIC RECORD. The City of Kent Arts Commission shall adopt rules for transaction of business and shall keep written minutes of its proceedings which minutes shall be a public record. 2 .34.( (- 4 )060. BUDGET. The City of Kent Arts Commission and Staff shall each year submit to the City Administrator and City Council for approval a proposed budget for the following year in the manner provided by law for preparation and submission of budgets by appointive officials.. Section 3. KCC 3.14.368 (Ordinance 1944, Section 7) is hereby repealed: ARTS eEMRS816H FUNE), There is hereby esta lished a fund entitled Gity of Kent Arts Cemmissien Fund, tegethev with any mise-R-1-laReour. revenues, grants, gifts, 93- 1-4e d-4phiArRed 4rem this fund only upen advanee appreval by the City 4 - Page 36 4 1 year shall at the direetien of the Git oeuneil b ed ever `e the sueeeedingyeaE � ) Section 4. 1986 Budget - Funding. The funding provided for in KCC 2.35.010y. shall first take effect and be in force for the 1986 City of Kent Budget. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by k1w. 1SABEL HOGAN, MAYOR ATTEST: BETTY AY, DEPU4 CITY CLERK APPROVED AS TO FORM: I 1 P. STEPHEN DiJULIO, CITY ATTORNEY PASSED the /,5 day of C .-) 1985. APPROVED the —/�day of 1985. PUBLISHED the i� day of L"" , 1985. J I hereby certify that this is a true copy of Ordinance J No. A6,501- , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereo indicated. (SEAL) BE17Y WAY, DEPU CITY CLERK 2540-110 i 5 - i I Kent City Council Meeting Date February 3, 2009 Category Consent Calendar -'6I i 1. SUBJECT: 4CULTURE LANDMARK HERITAGE GRANT AGREEMENT FOR EARTHWORKS MILL CREEK PARK RENOVATION - ACCEPT 2. SUMMARY STATEMENT: Accept the 2008 Landmark Challenge Grant from 4Culture and authorize expenditure of the necessary matching funds in the amount of $13,875 for restoration of Earthworks Mill Creek Park and authorize the Mayor';to sign all necessary documents to accept the grant and spend its proceeds. Park's staff partnered with Environmental Engineering to submit an application for the 4Culture 2008 Landmark Challenge Grant. This grant funding will help the City restore Earthworks Park' to its original design. Funds will be used for materials and supplies to complete the project. Outside labor;will be used to remove invasive vegetation. City staff will provide labor and equipment, in compliance with the 4Culture grant matching requirement. 3. EXHIBITS: Grant Agreement 4. RECOMMENDED'BY: Parks and Human Services Committee' (Committee, Staff, Examiner, Commission, etc.) 5. 1FISCAL IMPACT; Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: I Page 39 Agreement No. 108627L Contractor's Federal Taxpayer ID Contractor City of Kent Services Provided: Mill Creek Canyon Earthworks —Site Restoration Contract Amount: $ 13,785.00 Fund Source: CP — Landmark Challenge Grants r CONTRACT FOR LANDMARK CHALLENGE GRANTS THIS CONTRACT is entered into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and City of Kent, (the "Contractor"), whose address is 220 4`h Ave S. Kent WA 98032 and telephone number is (253) 856-5050. L Contractor is an individual, a not-for-profit organization, or a public agency in ownership of a designated landmark property, qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board approved providing funds for this project by Motion No. 2008-57. 4Culture desires to provide funds with which the Contractor shall render certain services in connection with the stabilization, preservation, restoration, and/or rehabilitation of the Millcreek Canyon Earthworks, a designated City of Kent Landmark, located at Mill Creek Canyon Earthworks Park, 742 E Titus St., Kent WA 98032. 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35,21.730, et se . RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VI I, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. . NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree'as follows: i f i 2008 Landmark Challenge Grants Page I of 7 Page 40 I. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: ® Project Proposal and Budget Attached hereto as Exhibit A ® Specific Scope of Work Attached hereto as Exhibit B ® Insurance of Requirements Attached hereto as Exhibit C ® Public Benefit Agreement Attached hereto as Exhibit D [] Personnel Inventory (K.C.0 12.16.060A)(In combination with Attached hereto as Exhibit E other agreements, in excess of$25,000 in a calendar ear Affidavit and Certificate of Compliance (K.C.0 12.16.060B) Attached hereto as Exhibit F for A reements in excess of$25,000 Disability Assurance of Compliance/Section 504 Attached hereto as Exhibit G KCC 12.16.060D Organization B. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Specific Scope of Work, as set forth in Exhibit B. Any amendment or modification to the Specific Scope of Work must be approved in writing by 4Culture. The work described in the Specific Scope of Work shall hereinafter be referred to as the "Project." C. In exchange for the receipt of public funds, the Contractor shall fulfill public benefit provisions specified in Exhibit D. All such obligations shall be legally binding and enforceable for periods of time as set forth in the Public Benefits Agreement, Exhibit D. D. Projects shall undergo all applicable landmark design review procedures prior to obtaining a building permit or commencing construction, as follows: obtain a Certificate of Appropriateness (COA) from the King County Landmarks Commission. E. The Contractor agrees to acknowledge 4Culture as a source of support for the Project in printed materials and/or in prominently located signage. Such acknowledgements shall utilize the following logo: I Approved logos are available for download in a variety of formats at CULTURE http://www.4culture.org/partner/logos VINO COUNTY LOOSING TAB F. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on September 29, 2008 and shall terminate upon the later of(1) completion of the Specific Scope of Contract Work and payment of the final invoice or (2), the end time period specified, if any, in the Public Benefit Agreement. This Agreement, however, may be terminated earlier as provided in Section IV hereof. 2008 Landmark Challenge Grants Page 2 of 7 Page 41 III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for authorized expenditures incurred in satisfactorily completing the Specific Scope of Work, and otherwise fulfilling all requirements specified in this contract, in an aggregate amount not to exceed $13,875.00. rB. Contractor shall, with each invoice for reimbursement, provide evidence of a dollar-for-dollar cost share expenditure. Cost share expenditures must be approved by 4Culture as directly pertaining to the funded project. Cost share expenditures incurred during the year prior to contract award date are allowable. C. Contractor may apply to 4Culture for reimbursement upon completion of specified phases of the Specific Scope of Work pursuant to the following reimbursement schedule: Phase Description Minimum Required Amount Reimbursable No. Expenditure 1 Completion of Phase 1 b, as $27,750.00 $13,875.00 s ecified in Exhibit B 2 3 D. All invoices shall include documentation that identifies vendors, and details expenses for labor and materials. Such documentation shall include, but may not be limited to, contractor invoices and receipts for purchases of materials. Both reimbursable and cost share expenditures must be documented. E. Accompanying the final invoice for the Project, the Contractor shall also submit: at least nine images documenting before, during, and after conditions (digital images are preferred; high-quality photographic prints are acceptable). Images shall be of publishable quality for use by 4Culture to publicize the Landmark Rehabilitation grant program. Photos shall have credits, caption information, and permission to publish. F. All payments are subject to site inspection and approval by 4Culture. G. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of 4Culture under this Agreement, and any other right or remedy available to 4Culture at law or in equity. 2008 Landmark Challenge Grants Page 3 of 7 Page 42 IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if it determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. B. Reimbursement for services performed by the Contractor, and not otherwise paid for by 4Culture prior to the effective date of a termination under subsections B and C herein, shall be as 4Culture reasonably determines. C. In the event of termination for cause, the Contractor shall, immediately upon 4Culture's request and in addition to any and all other remedies available to 4Culture in equity or at law, return to 4Culture immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by 4Culture and all equipment, personal property and trade fixtures acquired as part of the Specific Scope of Contract Work. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law. VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. CONTRACT MODIFICATIONS No modification or amendment of this Agreement shall be valid unless made in writing and signed by the parties hereto. 2008 Landmark Challenge Grants Page 4 of 7 Page 43 Vlll. NO WAIVERS 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. IX. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. X. OWNERSHIP OF PROJECT/CAPITAL FACILITIES Contractor and 4Culture agree and acknowledge that the real property improved and the personal property and fixtures acquired as part of the Project are not owned by 4Culture and 4Culture does not expect to acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased under this Agreement. In addition, although Contractor will be reimbursed for certain of its expenditures as provided herein, the capital facilities constructed or improved hereunder are not being constructed at the cost of the state or a municipality and therefore are not "public works"within the meaning of RCW 39.04.10. Contractor shall not pledge or assign its rights to reimbursement hereunder to any third party for any reason, including, without limitation, to suppliers or subcontractors as security for Contractor's obligations to such third parties. XI. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are employees of 4Culture for any purpose. The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. The Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, 2008 Landmark Challenge Grants Page 5 of 7 Page 44 r excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For the purpose, the Contractor, by mutual negotiation, hereby waives, as respects 4Culture only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event 4Culture incurs any judgment, award I and/or cost arising there from including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. XI1. INSURANCE REQUIREMENTS r The Contractor shall procure and maintain for the duration of the construction period insurance as described in Exhibit C, Insurance Requirements, attached here to. XIII. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. XIV. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for inspection and copying upon request. r 2008 Landmark Challenge Grants Page 6 of 7 RPage 45 XV. SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. XVI. ENTIRE CONTRACT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. XVII. ATTORNEYS' FEES: EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys'fees and legal expenses whether or not there is a lawsuit, including attorneys'fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. XVIII. SURVIVAL The terms and conditions of Sections I.C, V, VI, VIII, XI, XIII, XIV, and XVIII shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: CONTRACTOR: 4Culture-CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) Date 2008 Landmark Challenge Grants Page 7 of 7 Page 46 .i 2008 Landmark Challenge Grants Application CULTURE 4Culture (206)296-7580 www.4Culture.org TTY Relay: 711 101 Prefontaine Place South, Seattle,WA 98104 DEADLINE: Applications must be received in the office by 4:30 p.m. on Monday, August 18,2008, or be postmarked by August 18, 2008. August '18, 2008 Late applications will not be accepted. � Instructions • Mead the 2008 Landmark Challenge Grants Guidelines before completing. • Intent to Apply: Contact program coordinator prior to preparing your application: i Flo Lentz at 206/296-8682, or flo.lentz@4culture.org • Answer all questions in the space and format provided. Application should be exactly nine pages, not counting attachments. Do not use smaller than 10-pt.type. • Signatures of the owner and authorized representative are required. • Submit 1 signed original and 8 copies of the application(including attachments),three- hole punched on left side. Please clip together—do not staple. 1. Property Info Landmark Name: Mill Creek Canyon Earthworks Street Address: 742 E Titus City: Kent Zip: 98032 Tax Parcel No: 192205-9049 i King County Council District#: 5 To verify your council district contact King County Records&Elections Division at 206 :296-1581 or visit htt llwww.metrokc. ovlcouncilldistma 2006.htm 2. Owner/Applicant Owner Name: City of Kent Mailing Address: 220 4"Ave S, Kent, WA 98032 Phone:253.856.5050 E-mail: Fax: Applicant(if different than owner): Mailing Address: Phone: E-mail: Fax: os a edlos c' e t a.us 3. Project Contact Name: Cheryl dos Remedios Mailing Address: 220 41"Ave S, Kent, WA 98032 Phone:253.856.5058 E-mail: Fax: 4. Project Summary Project Title:Earthworks Restoration: Phase 1 Short Project Description (max. 3 lines): Mill Creek Canyon Earthworks received landmark status on April 24, 2008. This grant would help fund the first phase of restoration projects. 5. Funds Requested $13,875.00 Total Project Budget(from Project Expense, p.8, col. 1 1, line G: $28,250 2008 Landmark Challenge Grants Application Page 1 of 10 ,l_ Page 6. Threshold Eligibility Historic Designation Applicant properties must be officially designated as historic under at least one of the following programs. Indicate the category of historic designation that applies to this property: ® Listed as a City of Kent Landmark ❑ Listed as a King County Landmark ❑ Listed in the National Register of Historic Places in a jurisdiction with no operating landmarks ordinance ❑ Listed as a"contributing property" in the Historic District. To verify designation status, contact: Program Coordinator Flo Lentz, at 296/8682 or flo.lentz(a),4culture.org. To confirm "contributing property" status in,a designated historic district, contact: For districts in Seattle: Melinda Bloom, at(206)684-0228 or melinda.bloom(Qseattle.gov. For districts outside Seattle: Todd Scott, at(206)296-8636 or todd.scott(Qkingcounty.gov Property Ownership or Lease Interest Applicants must demonstrate site control through ownership or a long-term (minimum 10-year) lease. Answer whichever of the following questions applies to your funding request: • If applicant owns the landmark property that is the project focus, give date of acquisition: 1982 • If applicant is a leaseholder, state term of lease,years remaining, any option to renew, and attach a copy as Attachment B: 7. Project Overview The grants review panel will probably not be familiar with your landmark property or your project. Please provide a physical description and your project goals: Physical Description Briefly describe the setting and major physical features of your landmark property, and include photos as Attachment A: Herbert Bayer's Mill Creek Canyon Earthworks (Earthworks)-is located in Mill Creek Canyon Earthworks Park in Kent, Washington. The Earthworks is a designed landscape composed of a variety of topographic features, pathways, water features and lawns which function together as a public park, stormwater detention facility, natural resource and landscape artwork. The 2 %-acre site is nestled in the northeast corner of the park. This is the flattest most open portion of the park where the canyon broadens and Mill Creek, a salmonid bearing stream, flattens and slows as it enters the Green River valley. The Earthworks is bounded by Last Smith Street/Canyon Road SE(SR 516)on the north, East Titus Street on the west, Reiten Road on the south, and a millpond/sediment pond immediately upstream to the east. The Earthworks is a lawn-covered topographical garden/park superimposed on a stormwater detention facility. Its mounds, ridges, pools and voids mirror and balance each other in the composition of the whole. Stormwater detention makes the Earthworks a dynamic landscape:when heavy rains flood the creek, its normal flow continues through a culvert beneath the dam but the excess slowly fills the.two-part basin behind the dam. A large upright cylindrical overflow spillway set in the northeast flank of the dam prevents the impounded water from flowing over the dam. During flooding the basin becomes a plane of water, and: "Between submersion and exposure, [the Earthwork's elements] read as islands, atolls, ditches, ponds, and berms, showing the dynamic changing relations between positive and negative form,water and land, solid and void" (Lang hu rst/Fi restone, 71). 2008 Landmark Challenge Grants Application Page 2 of 10 i Page 48 Project Overview (continued) Project Goals Briefly sum up your big-picture goals for improvements to the property, and then focus in on this part of the project �- -for what specific purpose are you requesting 4Culture funding? The long-term goal is to restore the site to its original character so that this prime cultural destination in South King County can be widely appreciated and promoted. The Earthworks is both a model of green infrastructure and a Modernist masterpiece. Each of the Earthworks sculptural landscape elements needs to be restored in a consultative manner. There are varying levels of complexity due to regulatory restrictions. Rather than completing a comprehensive plan upfront, it has been determined that a two-pronged, phased approach to restoration will.be most successful. Phase 1 includes (a) creating a working plan and (b) completing the first group of restoration projects. This 4Culture grant would fund Phase 1b. Phase 2 will include more complex, multi-agency work: (a) Memorandum of Agreement for long-term management and maintenance between all City Departments and outside agencies and (b) completion of the remaining restoration projects. Promotional efforts -including interpretive and educational materials-are ongoing. 8. Application Review Criteria I+ Endangerment Level ( f 8A. Physical Condition Describe any serious physical threat to the landmark property. For instance, is it threatened by damage or deterioration, structural instability, deterioration of key historic features, or inappropriate alteration? The site's interdisciplinary scope requires thoughtful consideration of regulatory requirements. Dam safety has required alteration to the sculpture's largest berm (see 8K for details). To balance the new dam's greater mass, other scuptural elements need to be regraded to match their original topography. Salmon restoration in Mill Creek ' was also key to commissioning the artwork 25 years ago. As knowledge of fisheries has increased, the methods and requirements for protecting Mill Creek and its associated wetlands have changed. The sculptural sweep of lawn that originally extended to the creek's edge has been encroached upon by vegetation. Site lines have been lost, yet some vegetation is beneficial to Coho salmon.An interdisciplinary approach to restoration is needed. 8B. Development Pressure Have rising land values, a strategic location, potential re-zones, or other real estate market realities created a situation that threatens the property? Please describe. j Yes, the site is impacted by intensive building in the upper watershed, placing ever greater regulatory pressures on this storm water and riparian corridor. This is why Phase 2 of this project must include a Memorandum of Agreement signed by all City and outside agencies. This will clarify how the trio of functions (public park, water detention dam, artwork)will be managed and maintained, now and in the future. i 8C. Stewardship Threat Is the property abandoned, under-used, or currently for sale? Are there issues with current or previous owner economics or commitment to preservation? The property is entering into a promising new phase of stewardship, having received the City of Kent's first landmark designation in April. The City team that is working collaboratively to restore, manage and maintain the site includes Environmental Engineering, Public Works.Operations, Parks Planning & Maintenance and Cultural. Local volunteer groups are also taking interest. A non-native ivy removal event with the Hawkeye Consultants and Venture Scouts is scheduled for August 20, 2008.A community-wide volunteer event is scheduled for October 4, 2008. The Kent Meridian High School Interact Club has adopted Earthworks Park for monthly restoration efforts. 2008 Landmark Challenge Grants Application Page 3 of 10 i Application Review Criteria (continued) Page 49 Preliminary Planning 81). Sustainable Vision Talk about your long-range vision for the use and stewardship of the property. Have preliminary planning or engineering studies been completed? If so, include a copy as Attachment A. The City will create a sustainable vision using a two-pronged, phased approach: Phase 1 a: Create a working Restoration, Management&Maintenance Plan in-house, hiring consultants as needed to provide technical and cultural expertise. Prioritize the restoration projects based upon their complexity: some projects may require input from Fisheries and the Corp of Engineers, while others do not require permits. Phase 1 b: Complete less complex projects, including: regrading the"double-ring pond'; addressing the"circular cone"on top of the dam; removing invasive vegetation. Grant funding will be used to support Phase 1 B. Phase 2a: Complete the Restoration, Management& Maintenance plan,with a Memorandum of Agreement between all parties. Phase 2b: Complete complex projects, such as restoring the site line of the bridge; restoring the channel; etc. Ongoing: Create and distribute interpretive, educational and promotional materials. 8E. Approach to Preservation What will be your overall approach to preservation? For example,what key historical features of the property must be preserved, in your view? Are there features that you plan to modernize or update? Will the interior be altered, or new additions made? The Earthworks is phenomenal because it is interdisciplinary and complex. Our overall approach to preservation is consultative, requiring the following expertise: preservation; public art; environmental engineering; biology; fisheries; parks planning; parks maintenance; public works maintenance, art history; landscape architecture. The goal is to restore the Earthworks as closely as possible to its original design. The City of Kent commissioned Herbert Bayer to create an artwork that would help restore salmon runs, manage storm water and create a public place within a short walk of historic downtown. The site needs to continue to meet all of these original goals, within the context of ever greater environmental pressures and regulations. [Please note: Historic Preservation grants are the best chance for funding the Restoration and Maintenance of this site. Public Art and Visual Arts grants fund new work.] 8F. Practical Financial Plan Summarize your financial strategy for assembling the required one-to-one cash match for this part of the project, AND also for achieving your long-range goals. The Earthworks is internationally recognized within the design community and included in the canon of Landscape Architecture and Art History. It is imperative that the City of Kent restore and maintain the Earthworks to an international standard, yet this is difficult to do within a city budget. Therefore, a primary motivation for City of Kent landmark status was the lure of grant funding. Future requests for funding will include the 4Culture Landmark Rehabilitation Program, Washington Preserves (Val Sivinski Fund), Capital Projects for Washington's Heritage, Getty Conservation Grants, National Trust Preservation Fund and if designated as"nationally significant"a Save America's Treasures grant. Also valued is the technical support provided by 4Culture Preservation and King County Historic Preservation. The City of Kent plans to use cash matching funds, staff time and volunteer events to complete Phase 1. By addressing projects incrementally, the City will gain the needed expertise before working with outside agencies on Phase 2. 2008 Landmark Challenge Grants Application Page 4 of 10 i Application Review Criteria (continued) Page 50 r Quality and Significance 8G. Historical and/or Architectural Significance i To the best of your knowledge,what is the particular historic and/or architectural importance of your landmark property? You may excerpt information from your landmark nomination documents. The Earthworks is significant under Criterion A3 as an internationally-renowned functional artwork, an outstanding example of earth art, and a rare example of landscape architecture expressing spare Bauhaus modernism. It is also significant under Criterion A5 for its association with Herbert Bayer who designed the site in 1982. Bayer made substantial contributions not only to the field of earth art, but to American arts and design as a whole., The Earthworks is also noteworthy for its association with the historic Earthworks: Land Reclamation as Sculpture symposium sponsored by the King County Arts Commission in 1979,which made a significant contribution to the development of Public Art in the region and nation. As you know, formal recognition of historic properties through landmark designation is typically confined to sites that are at least 40 years old or older—and rarely is a property found to be of such exceptional significance that j the age criterion is waived. But such was the case on April 24, 2008 when the King County Landmarks Commission, acting for the City of Kent, designated the Mill Creek Canyon Earthworks as a City of Kent Landmark. Nominated by the Kent Arts Commission, the Earthworks is the City's first designated landmark. �- In an emotionally charged hearing before the Landmarks Commission, artists, historians, landscape architects, elected officials and others spoke to the power of place embodied in the site. They also spoke of the precedent it set for integrating art directly into large-scale environmental projects, and the remarkable interdisciplinary effort that was required to pull it off. 8H. Good Preservation Principles Explain how the proposed work follows good preservation principles, as embodied in the Secretary of The l Interior's Standards for Rehabilitation. For a list of these design standards, see Guidelines p. 7, or visit: http,llwww nps povlhistorvlhpsltps/taxlrhblstand.htm As part of the Earthworks 25th Anniversary Celebration, the City of Kent began developing relationships with a range of experts who participated in the"channeling herbert"exhibit. The City of Kent's Visual Arts Coordinator .contacts these individuals as questions about the Earthworks arise. An incomplete list includes: Charles Birnbaum, FASLA, FAAR, author of the Guidelines of the Treatment for Cultural Landscapes (DOI, NPS 1996) and founder and president of the Cultural Landscape Foundation. . i Timothy Baird,Associate Professor of Landscape Architecture at the Pennsylvania State University, he is currently conducting research on environmental art and designed landscapes that were commissioned in land reclamation contexts, he has authored numerous articles on this subject. Tim spoke at the 25t"Anniversary. Gwen F. Chanzit, Ph.D., Curator of Modern and Contemporary Art and the Herbert Bayer Collection and Archive at the Denver Art Museum, author of From Bauhaus to Aspen: Herbert Bayer and Modernist Design in America. Gwen spoke at the 2007 International Sculpture Center's Earthworks Tour. Richard Haag, FASLA, Hon AIA, the only person to twice receive the prestigious President's Award for Design Excellence given by the American Society of Landscape Architects (ASLA), once for Gas Works Park in Seattle and again for The Sequence of Gardens at Bloedel Reserve, Bainbridge Island, WA. Jerry Allen, previous King County Visual Arts Coordinator, organized the Earthworks: Land,Reclamation as Sculpture symposium in 1979. He plans to visit the Earthworks in September, 2008. Nancy Rottle and SvR Design, 2007 Spring Construction/Hydrology Studio; SvR wrote the Landmark Nomination Additionally, all design decisions are reviewed by Todd Scott, Design Review Coordinator, King County. I j 2008 landmark Challenge Grants Application Page 5 of 10 i Page 51 Application Review Criteria (continued) Public Benefit 8-I. Direct Public Benefit Will the work itself be visible from public streets, trails, or parks? If you currently provide public access to the landmark property, please describe. Talk about any plans or willingness you may have to conduct occasional tours, provide educational activities, or host gatherings/events at the site. The Earthworks is a popular City of Kent park,within walking distance of historic downtown.Visible from SR 516, around 58,000 cars pass by the Earthworks each day. The Kent Parks Director envisions completing the Mill Creek Canyon trail, making the Earthworks a destination within the County's larger trail system. Through the years, the site has hosted numerous cultural events. The 25th Anniversary Celebration & Reunion in September 2007 attracted over 300 attendees.An annual summer concert series for children is extremely popular with daycares and local parents, attracting 2,500 annually(moved temporarily due to the dam construction). The Kent Arts Commission includes several retired teachers and active parents who support the site's educational potential, especially as its located across the street from the Bereiter House/Greater Kent Historical Museum. In Spring 2007, a University of Washington Construction/Hydrology course was designed around the Earthworks. In October 2008, "Art and Science for Conservation"students toured the site. 8J. Economic Stimulus Describe whether and how your project would trigger additional economic activity, physical improvements, or historic preservation in the neighborhood or community. The Earthworks provides an opportunity for South King County to promote itself as a cultural destination. In 2007, the City of Kent provided the International Sculpture Center with a tour of the'Bayer Earthworks, the Robert Morris Earthwork(4Culture/Tukwila) and Lorna Jordan's Waterworks Garden (4Culture/Renton). The South King County Cultural Coalition and the Cities of Tukwila and Renton have enthusiastically offered to help host the June 2009 Americans for the Arts Earthworks tour. In the book Destination Art, the Earthworks is described as one of the most important modern and contemporary art sites around the world. Once Phase 1 of the Earthworks restoration is complete, we can develop an Art& Ecology tour. The Green River Natural Resources Area(GRNRA) is renown for birdwatching, and like the Earthworks, it attracts international tourists. This is another opportunity for Environmental Engineering (which manages the GRNRA) and the Cultural Division to partner. Kent is developing into an urban center, and the Earthworks is a link between historic downtown and a regional trail system. The City's Economic Development Director recognizes the role that the Earthworks can play in promoting Kent as a livable city. 2008 Landmark Challenge Grants Application Page 6 of 10 8K. Preservation Benefit Page 52 How will the project ensure continued use and longevity of the landmark property itself? The Kent Arts Commission plans to move forward with nominating the Earthworks to the National Register of Historic Places. Supporting the City's efforts to restore the site post-construction would strengthen this nomination. Listing on the Register would bring additional attention regionally and nationally to the Earthworks, and additional users from a broad spectrum. Our proposed project also ensures longevity by establishing a process to maintain a landmark that is more prone to change over time simply due to the nature and materials of the landmark. Designation took place weeks before the City of Kent began construction to satisfy a new Washington State Department of Ecology dam spillway requirement for a 10,000 year storm (previously a 100 year storm requirement). The height of the earthen berm that protects historic downtown Kent has been increased by two feet, so as to provide a new spillway through the adjacent parking lot. The existing outlet structure has been altered to accommodate increased stormwater. The additional spillway and capacity are intended to prevent catastrophic flooding. Prior to construction, City of Kent Environmental Engineering and Cultural Division staff met regularly with King County Historic Preservation staff to minimize visual impacts. Environmental Engineering implemented all of the historic preservation recommendations into the dam construction documents. Both offices have been closely monitoring the construction process through onsite visits.At this time, the majority of the dam work has been completed. This grant will allow the City to balance this new work by restoring the site to its original topography. Receiving funding for this grant application -the first submitted on behalf of the City's first landmark-would 1 bolster the City of Kent's preservation efforts. Application Review Criteria (continued) Proiect Feasibility I 8L. Readiness to Begin 1 Demonstrate that you are ready to begin the proposed work this year. For instance, do you have site control of the property? Is most of the required match in hand; are outside contributions confirmed? Mention any other indications of readiness. I The dam safety construction project will conclude by the end of next month, making this an excellent time to move 1, forward. The City of Kent has matching funds. The City is planning a public meeting to bring Kent citizens up to date with what's happening at the Earthworks. The construction has been a very visible project and the City would like to inform citizens about the planned restoration. Given the positive turn-out we've had for Earthworks related projects in recent months, it is anticipated that the restoration projects will be enthusiastically supported by the community. �I 2008 Landmark Challenge Grants Application Page 7 of 10 Application Review Criteria (continued) Page 53 Project Feasibility 81L. Readiness to Begin Demonstrate that you are ready to begin the proposed work this year. For instance, do you have site control of the property? Is most of the required match in hand; are outside contributions confirmed? Mention any other indications of readiness. 8L is answered on previous sheet(unable to correct formatting error in template document) 8M. Credible Cost Estimates Describe how your estimated project expenses were derived. In Attachment C, include copies of contractor or architect estimates that verify your budget figures. SvR Design quoted $60,000.00 to complete a comprehensive Restoration, Management&Maintenance Plan with a memorandum of agreement between all of the involved agencies. Charles Birnbaum, Founder and President of The Cultural Landscape Foundation confirmed this is a reasonable estimate for a project of this complexity. While fair, the quote did not include funding for the recommended projects, causing the City to reconsider having an outside consultant create such a comprehensive document. Flo Lentz and Charlie Sundberg both advised a phased course of action.This approach has been agreed to by the City's Cultural Division, Parks Planning and Environmental Engineering staff and management. Planning in-house is less expensive than asking an outside consultant to lead every meeting. By addressing the restoration planning and execution incrementally, the City can build on phased successes, starting with projects of lesser complexity and moving towards multi-agency permits and agreements. The City project team has already identified the Phase 1 b projects. Our Parks Planner has received a bid for removing invasive vegetation. Our Environmental Engineer has prepared a quote for regrading the"double-ring pond"to its original topography. Richard Haag, FASLA, Hon. AIA, has agreed to visit the site in October and consult with the City on design issues, including the"circular cone"on top of the dam. 8N. Capability to Complete Talk about your project team's expertise, and include any pertinent resumes as Attachment D. Name any community partners or supporters, and their role, and include any letters of support as Attachment E. Address your ability to handle potential cost overruns, should they occur. As the project lead, the Visual Arts Coordinator has organized a range of projects relating to the Earthworks since joining the City twenty-one months ago: University of Washington Landscape Architecture Construction/Hydrology Studio with SvR Design; Earthworks 25th Anniversary Celebration and Reunion with 4Culture Site-Specific; "channeling herbert" exhibit involving more than 35 artists, landscape architects and historians; City of Kent Landmark designation with King County's Office of Historic Preservation and SvR Design; Earthworks Cultural Tours with the International Sculpture Center and the Evergreen State College; an upcoming volunteer event advertised in Garden Design Magazine with support from The Cultural Landscape Foundation; upcoming June 2009 Americans for the Arts Earthworks Tour. Each.of these projects have built upon the City's knowledge of the Earthworks and developed a network of experts with whom to consult on a go-forward basis. Expertise and teamwork have been provided in-house by Parks Planning, Parks Maintenance, Environmental Engineering, Community Development and Multimedia. Matching funds can be covered from the City budget and a phased approach should prevent cost overruns. 2008 landmark Challenge Grants Application Page 7 of 10 9. Project Budget: Expenses and Income Page 54 I , • "Project Expenses"refers to estimated costs for this particular part of your long-range effort with the property. See Guidelines(p.6)for a summary of eligible expenses. • "Project Income"means your funding request to 4Culture+your cash match+any in-kind contributions. • The minimum 4Culture request is$10,000. • Required: A one-to-one cash match—must be equal to or greater than$10,000 • Encouraged: In-kind donations-the cash value of donated materials and/or services • Line F: Sum of the Income totals in Columns 2,3,and 4 must be equal to or greater than the Expenses total in Column 1. PROJECT PROJECT INCOME EXPENSES Column 1 Column 2 Column 3 Column 4 Project Tasks Projected Requested Cash Match In-kind j Expenditures 4CULTURE (must equal Donations Funds - or exceed $10,000 min. Col. 2) A. Preservation Planning (Itemize preservation plans, cost estimates, structural investigations,etc. Planning costs are not included in this $ $ $ $ grant request. $ $ $ $ B. Design (Itemize design development, schematics, construction drawings, bid documents, etc. Honorarium for Richard Haag $ 1500 $ 750 $750 $ $ $ $ $ C. Construction Itemize labor, materials,overhead,etc. Removal of invasive species, new plants $ 17220 $8610 $ 8610 $ Volunteer labor $ 500 $ $ $ 500 Regrading of double-ring pond $ 9030 $4515 $4514 $ [ D. Soft Costs (Itemize permits,fees, insurance, sales tax, project management up to 15%,etc) Sales tax is included in the bids $ $ $ $ $ $ $ $ E. Other (Itemize financing costs,fund-raising costs,5% contingency, etc. $ $ $ $ $ $ $ $ fi F. Totals $ $ 13875 $ 13876 $ 500 G. GRAND TOTALS Expense All Income(must equal or exceed Expense) $28250 $28250 j 2008 Landmark Challenge Grants Application Page 8 of 10 10. Signatures Page 55 • For a landmark owned by an individual, the owner must sign the application. • For organizations, both the board president and executive director must sign. • For agencies, the responsible official must sign. • When a lessee or other representative of the owner is applying, both the owner and representative must sign. Each signatory declares that s/he is the landmark owner of record, or an authorized representative of the owner, is authorized to make this application, and will assure that any funds received as a result of this application are used only for the purposes set forth herein. A. Owner,of record, board president; responsible official Date B. Lessee or owner's representative; executive director Date 11. Applicant Check List: Have you completed the following? ❑ King County Council district information on page 1 ❑ Signature of individual(s) authorized to commit applicant in financial matters ❑ One original and 8 copies of the application,with its Attachments— A (photographs), B (lease, if applicable), C (estimates), D (team qualifications), and E (letters of support) ❑ Standard three-hole punch on the left side, no staples 2008 Landmark Challenge Grants Application Page 9 of 10 I Page 56 i EXHIBIT B SPECIFIC.SCOPE OF WORK CONTRACT NO. 108627L For funding not to exceed $13,875,00, Contractor shall provide the following services in connection with the stabilization, preservation, restoration, and/or rehabilitation of Millcreek Canyon Earthworks: Phase 1 B of a plan to restore the designed landscape of the Earthworks to its original character, including the execution of less complex projects: • Re-grading of the "double-ring" pond • Re-evaluating original relationship of the circular cone on top of dam • Removal of invasive vegetation and planting of native species along Mill Creek The following stipulations apply: l Design Review: Contractor shall obtain all applicable Landmark design review approvals prior to obtaining a building permit or commencing construction. Construction Signage Requirement: During the duration of grant-funded work, Contractor will prominently display temporary signage, as provided by 4Culture, in a location visible from the public right-of-way. Photo Documentation Requirement: Along with the final invoice, Contractor shall submit at least nine (9) electronic i images documenting before, during, and after conditions. Images shall be of publishable quality for use by 4Culture to promote the Landmark Challenge Grants program. Photos shall have captions with credits, and permission to publish. 1, k f I f 2008 Landmark Challenge Grant Updated: 11/20/08 Page 57 EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an"Occurrence"form. 1. Minimum Scope of Insurance needed for this contract is as follows: ® Commercial General Insurance Services Office form number(CG 00 01 Ed. 11-88)—Minimum Combined Liability Single Limit of$1 000,000 BI & PD with a General Aggregate er project El Automobile Liability Covering all owned and non-owned and hired automobiles—Combined Single Limit of$1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 3. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. 4. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size Vill. 5.Verification of Coverage Unless otherwise approved in writing by 4Culture, Contractor shall furnish CDA with certificate(s)of insurance evidencing compliance with requirements set forth above,which certificate(s) shall provide that no material change, or cancellation or nonrenewal of policies referred to herein shall occur without thirty(30) days' prior written notice to CDA. Landmark Rehabilitation Contract Page 58 EXHIBIT D PUBLIC BENEFIT AGREEMENT 4Culture 2008 Landmark Challenge Grant Program Public Benefit Obligations for the Mill Creek Canyon Earthworks. Tax Parcel#rt 192205-9049. 4Culture Contract No. 108627L. In accordance with a signed contract on file at the Cultural Development Authority of King County, dba 4Culture, public funds have been provided for rehabilitation of the Mill Creek Canyon Earthworks, a designated City of Kent Landmark located at Mill Creek Canyon Earthworks Park, 742 E. Titus Street, Kent WA 98032. To ensure that the citizens of the region receive real economic value in consideration for said funding, the City of Kent(the CONTRACTOR) and his/her assigns and heirs shall be obligated to provide substantial benefits to the public. The obligation to provide public benefit burdens and runs with the land. Section I: Useful Life Obligations. Contractor agrees to provide the following public benefit for the duration of the useful life of the Landmark: A. Contractor shall preserve and maintain the Mill Creek Canyon Earthworks as a City of Kent Landmark, as defined in Kent City Code (KCC) chapter 14.12. All future restoration or rehabilitation work undertaken on the property must comply with KCC 14.12.060. The provisions of KCC 14.12 shall run in perpetuity with the property regardless of code status. Section II: Quantifiable Public Benefit Obligations. Contractor agrees to provide the following quantifiable public benefit: A. Contractor will maintain in good condition the general physical condition of the building or site that is the subject of the Project, for a period of thirteen (13)years, commencing September 29, 2008, and concluding September 30, 2021. Contractor agrees to permit staff of 4Culture, with adequate notice, to visit the property to assess the maintenance of the site. B. Contractor will provide written notice to 4Culture of any circumstances which prevent the Contractor from complying with this requirement. I Contractor Date 4Culture Executive Director Date I 2008 Landmark Challenge Grants Contract Dorm updated 11128108 i I Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - '63 1. SUBJECT: RUSSELL ROAD MAINTENANCE FACILITY ROOF AND WALL IMPROVEMENTS CHANGE ORDER NO. FOUR -'AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Change Order No. 4 with Werlech Construction in the amount of $179,203.63 for additional services essential to complete the Russell Road Maintenance Facility Roof and Wall IImprovements Project. Staff is requesting approval of Change Order No. 4 which adds $179,203.63 to the contract for a project total of $886,66704, including WSST. The amount includes $168,434.43 for dry rot discovered by the Contractor as it proceeded to replace the roof and siding on this building. The remaining expense, $10,769.20, is to add a rubberized ice and water shield over the enclosed spaces for the Radio Shop, Truck Garage, and Water Shop areas, which were deemed appropriate for additional leak protection. 3. EXHIBITS: Staff memo and Change Order No.i4 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds I DISCUSSION: ACTION: Page 61 Parks, Recreation and Community Services Jeff Watling, Director ® Phone: 253-856-5100 KENT Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Memorandum DATE: January 15, 2009 TO: Parks and Human Services Committee FROM: Charlie Lindsey, Superintendent of Facilities Management VIA: Jeff Watling, Director Parks, Recreation and Community Services RE: Staff Report: Russell Road Maintenance Facility Roof and Siding Renovations Change Order Number Two for the dry rot repairs for building B at this facility was presented to Committee on March 17, 2008, At that time, it was indicated that staff would be coming back at a future date with another Change Order for the dry rot that would likely be found in Building A, given what was discovered in Building B. Change Order Number Four in the amount of $179,203.63 including WSST, incorporates $168,434.43, to address the discovery of dry rot by the Contractor as he proceeded to replace the roof and siding on this building. The additional $10, 769.20 is for adding a rubberized ice and water shield over the enclosed spaces for the Radio Shop, Truck Garage and Water Shop areas deemed appropriate for additional leak protection. Funding for this project comes from the projects for the East Hill Maintenance Facility and Renovation of Russell Road that are planned for future dates. We opted to do this portion of the Russell Road Project early because of storm damage to the roof during the 2006 wind storm. j Page 62 KENT WASH N GTON per CHANGE ORDER. NO. 4 i NAME OF CONTRACTOR: Mike Werlech Const ("Contractor") CONTRACT NAME & PROJECT NUMBER:Russell Road Maintenance Facility Roof & Wall Improvements ORIGINAL CONTRACT DATE: June 27, 2007 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change'Order shall remain in effect, For valuable consideration and by mutual consent of the parties, the project contract is modified as follows:' 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any. prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: Provide an ice and water shield over the roof sheathing over the Interior spaces of the Radio Shop, the Truck Garage and the Water Shop. $ 9,880.00 Redo interior Water Shop $15,675.00 Add more sleepers on roof at Installation area $ 1,508.00 Materials to repair dry rot $66,000.00 Labor to repair dry rot $71,344.00 2. The contract amount and time for,performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $429,066.00 (Including applicable alternates and WSST) Net Change by Previous Change Orders $278,397.41 (Intl, applicable WSST) Current Contract Amount $707,463.41 (Incl. Previous Change Orders) Current Change Order $164,407.00 Applicable WSST Tax on this Change $ 14,796.63 Order Revised Contract Sum $886,667.04 CHANGE ORDER - 1 OF 3 i Page 63 Original Time for Completion October 8, 2007 (Insert date) i Revised Time for Completion under July 5, 2008 prior Change orders (insert date) Days Required (±) for this ' Change 225 calendar days Order Revised Time for Completion February 15, 2009 j (Insert date) In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor i agrees to waive any protest it may have. regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature I arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date, All acts consistent with the authority of the Agreement, previous Change Orders (if any), I and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that,they are authorized to enter into this contract modification, which is binding on the parties of this contract, 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS,, the parties below have executed this Agreement, which will become effective•on the last date written below. CONTRACTOR: CITY OF KENT: By (signature) By (signature) Print Name; Print Name; Its Its (title) (title) I, DATE: DATE; I . I CHANGE ORDER- 2 OF 3 Page 64 APPROVED AS TO FORE!: (applicable If Mayor's signature required) Kent Law Department Wedechchangn,al,hed row i CHANGE ORDER - 3 OF 3 i Page 65 CITY OF KENT, WASHINGTON Contract Change Proposal PROJECT: Russell Road Maintenance Facility DATE: December 29,2008 Roof&Wall Improvements CHANCE PROPOSAL NO: 4 revised • I O:Contractor Q' In connection with your Contract with the City of Kent please furnish your proposal for performing the changes outllned as following: At Building A provide an Ice&water shield over the rgof sheathing over the interior spaces of the Radio Shop, the Truck Garage,the Garage, and the Water Shop, This area Is approximately 5200 sf. TECHNICAL REPRESENTATIVE:WAGNER ARCHITECT : Gre cm rs DATE: 12/29108 O: Owner's Project Representative e propose to perform all changes desoribed in the above request for a total ADDITIO DEDUCTION to the Contract suns of: -' �V%xl� I�"p l-�.S,�-'rv%� EI C�t�7' •f-{-i�i.,v ��D ��"1 �H-'7"�1'. o'c�U ( U) Washington State Sales Tax not Included) 0 9( 86b).. CL We have attached hereto Cost Estimate Detail.Sheets Nos. @(od—d217 e foregoing amount covers all direct and Indirect costs related to this change and to the effect of the change on a- the remainder of the project, All other provisions remain In full force and effect. e request the.completion date be extended XX calendar days because f.t�is work. / BY: ' DATE: CONTRACTOR TO: CITY OF KENT z We have carefully examined the foregoing proposal and find It to be in order and the cost reasonable. We O therefore recommend Its acceptance. w 0 I DATE: LU TEC.FINICAL REPRESENTATIVE The foregoing proposal is accepted and authgrizes-the.performanoe of the changes spoolfled, This Instrument when signed below, constitutes authority to proceed with the above work. A formal change Order in this amount III follow: Billings cannot be honored for this change until issuance of the formal Change Order, C) N UTHORiZ�D BY- 0 Date Page 66 I Russell Road Maintananca Fac/11tv Job# 880-029A a Water Stop Shield Mike Werlech construction Inc !ce&Water Shield unit LABOR G unit cost labor cost Hate Supervision 7 hr %00 420 Carpenter 65.5 hr 60.00 3,830 Adminlatrative 5 hr 50,00 260 PM 8 hr BD•00 480 0 hr� 0.00 0 0 hr 0.00 0 0 hr 700 a Subtotal Labor cost $6,080 unit MATERIALSIEQUIPMENT city unit cost Ice and watershel►d '1 Is 2 876.00 2,876 a is o.ao a a is p.00 0 o Is 0,00 0 0 is 0,00 a Subtotal Materialloquipment $2,876 SUBCONTRACTS 0 Is 0.00 0 0 Is 0.00 0 0 Is 0.00 0 0 is 0 0, Is 0 Subtotal Suboontractors 50 Total D1ract Costs $7.066 Overhead on General Contractors Work 20.0% 1 591 Overhead on Suboontraotors Work 20.0% 0 Subtotal $0,646 taxes.&Insuranoo 1.5% 143 bonds 2.0% 181 TOTAL,CHANGE PROPOSAL. $9,800 APPROVED SIY4 DATE; a i Page 67 CITY OF KFNT WASHINGTON Contract Change Proposal i PROJECT: Russell Road Maintenance Facility DATE: December 30, 2008 Roof&Wall Improvements CHANGE PROPOSAL,NO: 6 revised l 0:Contractor In connection with your Contract with the City of Kent please furnish your proposal for performing the changes O outlined as following: At Building A Water Shop provide R-30 roof insulation to replace the exlsting insulation•that ►,i. as removed. In order to support.the new insulation replace the existing 2 x 6 roof joists with 2 x 10 joists, Option 1 provide a fully taped vinyl facing attached to the bottom of the joists. Option 2 provide new wallboard LU Gelling to replace the existing. The area of the room'is approximately 1000 sf. TECHNICAL.REPRESENTATIVE* AGNER ARCHITF S :Gr Somers DATE: 12/30/08 O: Owner's Project Representative e propose to perform all changes described In the above request for a total ADDITIONID1rItON to the ontract sum of. -u $ 16,676(Fifteen Thousand SIX Hundred Seventy Five dollars) Q f i a e have attached hereto Cost Estimate Detail Sheets Nos, 86MMA 036A revised. O i M The foregoing amount covers all direct and Indirect costs related to this change and to the effect of the change on a- the remainder of the project, All other provisions remain in full force and effect. e request the completion date be extended XX calendar days because crf t i�uvorlt, r i BY: � � DATE:, 3 CONTRACTOR TO: CITY OF KENT We have carefully examined,the foregoing proposal and find It to be in order and the cost reasonable, We C) therefore recommend its acceptance, t= z LU O hi �C T "� BY' DATE: i 07 UJ W TECHNICAL REPRESENTATIVE he foregoing proposal Is accepted and authorizes the performance of the changes specified. This instrument hen signed below, constltutes authority to proceed with the above work, A formal change Order In this amount ill follow. Billings cannot be honored for this change until Issuanca of the formal Change Order, UTHORIZED BY: a 0 Date r Page 68 Russell Road Maintenance Faclll .Job# 860-033A Em r�. Mike Werlech Construction Ina Garage Doors BulldIng A unit LABOR Qty unit cost labor cost note Supervision 4.5 hr 60,00 270 Carpenter 1 hr 60.00 s0 Administrative 4 hr 80,00 1 200 PM { > hr 60,00 mop 0 hr 0,00 0 Subtotal tabor cost $66CL - p unit MATERIALSIEQUIPMENT qty unit cost Doorman Sarvlce Co. I Is 664.00 684 0 is 6.00 0 0 Is 0.00 0 0 is 0,00 0 0 Is ' 0.00 0 Subtotal Materlallequipment $664 SUBOOM'RACTS 0 Is 0.00 0 0 Is 0,00 1 0 0 Is 0.00 0 0 Is 0 0 is 0 SubtatafSubcantraatars -- $0 Total 111mot.Costs i95°tri� 2! Overhead on General Contractors Work 20,0% Overhead do Subcontractors Work 20,0% 0 Subtotal c999 � taxes&Insurance 1,6%, ^47. Z bonds 2,0%n --36 TOTAL CHANGE PROPOSAL .3f,,8 0_ APPROVED BY: DATE: i Page 69 I, Mfm a Russo#Road Maintenance Facill Joh;l 860-b36-A REVISED Mike Werleah CDnstructlon ]no New R-88 unfaced Insulatlon;Vlsqueon Dreywa/f fire taped Water shop unit LA134R Qty unit oost labor,00st note 8u ervislon/Car enter 121.E hr 60.00 71290 Administrativa 4 hr 66.00 220 PM a hr 60,00 1 400 I 0 hr 0.00 a 0 hr 0.00 D 0 hr 1 6,00 1 0 t . 0 hr— 1 0,00 1 0 i Subtotal Labor post $7,990 unit MATERIALS/EQUIPMEN'I 10tv unit. cost Mol.endon Hardware 1 t5 199,00 199 Diywall 1 is 1 799;00 Subtotal Matgrlallequlpment $199 ISUJ30ONTRAOTS Firslilne System I 1 Its 11,197.001 1,197 JDT Electrical i Is 2,02i'an I zoo i 0 Is 0.00 D D Is 0 0 Is 0 Subtotal Sulacontraotors $221D ' Total Diraot Costs $11,407 Overhead on General Contractors Warlc 20.0% 1,63s Overhead on subooatraotors Work 2o.0% 644 Subtotal $13,68e i taxes Mnsurance 1,6% 205 bondsl 2,0%1 974 TOTAL CHANGE PROPOSALI $14,167 APPROVED 133Y: DATE: ' i Page 70 I CITY OF KENT, WASHINGTON � MAlwIM1 OM Contract Change proposal PROJECT, Russell Road Maintenance Facilkiy DATE: December 29,2008 Roof&Wall improvements CHANCE PROPOSAL NO: 13 revlsed O: Contractor qa�" In connection with your Contract with the City of Kent please furnish your proposal for performing the changes U outlined as following: At Building A, at the roof framing,modify details e!A-4 and I/S3.1 to make the following tL revisions: W 1. Add a 2 x 4 sleeper between each sleeper required in the contract;so they are pt 12"oc above the roof joists, Neil these sleepers into the roof joists with two 16d nails per sleeper at each joist. W Extend all sleepers over the top plate and wall sheathing so that the extension matches the depth of the [� metal siding,but a minimum of 1 %'. Block under the sleepers at the top plate to match the slope of the roof, Nall each sleeper.to the top plate with two 16d nails, 2. Install continuous Insect screening across the bottom of the sleepers,and install the siding up to the bottom of the sleepers. 3. Blocking at the edges of each roof sheathing panel perpendicular to the sleepers Is no longer required. 4. Hold the Insulation In the roof cavity to below the sleepers so there is an unrestricted 1 '/z'of air flow. 6. Confirm or provide a vapor barrier is below the Insulation with an ASTM of E96. As an alternate,paint the ceiling below each enclosed joist space with a vapor barrier paint with an ASTM of E96. 6. This is shown In the attached sketch CP13-8-A4. TECHNICAL REPRESENTATIVE:WAGNER ARCHITECTS ;Gre § a ers DATE: 12/29/0B O: Owner's Project Representative e propose to perform all changes described in the above request for a Iota ADDITION EDUCTION to the Contract sum of. $ -00e� Tt t-otASA-►vr7 l ova. . U) (Washington State Sales Tax not included) .0. We have attached hereto Cost Estimate Detail Sheets Nos, 95 D b 3 /k The foregoing amount covers all direct and indirect costs related to this change and to the effoot of the change*on Q. the remainder of the project. All other provisions remain In full force and effect. e request the completion date be extended XX calendar da:13;7� use f f is work. DATE: (�.`fir'I I OC CONTRACTOR TO: CITY OF KENT z We have carefully examined the foregoing proposal and find It to be in order and the cost reasonable. We d therefore recommend Its acceptance. a z w OWAGN Aoil&0-1 , �S By. DATE: `sr 09 TECHNICAL REPRESENTATIVE ii Page 71 CITY OF KENT, WASHINGTON � 11M• ,aN Contract Change Proposal 1 The foregoing proposal is accepted and authorizes the performance of the changes specified, This instrument when signed below, constitutes authority to proceed with the above work. A formal change Order In this amount ill follow, Billings cannot be honored for this change until Issuance of the formal Change Order, U N AUTHORIZED BY: 0 Date I • I I I ; Page 72 MOM Ruese/1RoadMalntenanae f~acllit dob•# 8G0 035A Mike Werlech Construction nc Add more sleepters on roof atinstalation areas a unit LABOR aty unit cost tabor cost note supervislan 5 hr 60,00 000 Cat entor 0.0 hr 60.00 0 Administrallve 5 hr' 60.00 250 0 hr 0.00 0 0 hr 0.00 0 .0 hr 0.00 0 0 hr 0.00 0 $ubtotal Labor oost Sti60 unit MATERIALS/EQUIPMENT cityunit Goat 2x4x16 171 OR 6.60 068 0 Is DO) 0 0 Is 0.00 0 0 Is 0100 0 0 Is 0.00 .0 0 Is 0,00 0 Subtotal MaterlaVeclUIPment. $s6s SUBCONTRACTS 0 Is 0.00 0 0 (a. 0.00 0 0 Is 0.00 0 0 is 0 0 Is 0 r Subtotal Subcontmators $0 Total Mreot Costs 51,609 Ovethedd an General Contractors Work 20.0/a Overhead on Subcontractors Work 20.0% o Subtotal taxes&insuranoe 1.5% o bonds 2.0% 0 TOTAL CHANGE PROPOSAL S1,ti08 APPROVED EIY: DATE: f Page 73 l CITY OF KENT, 1}CIETt1 KENT, WASH(NGTON T WAIN"#�4- Contract Change Proposal i FincoCneotlon ECT: Russell Road Maintenance Facility DATE: December 30, 2008 Roof&Wall Improvements CHANGE PROPOSAL NO; 15 revised W ontractor a with your Contract•with the City of Kent please furnish your proposal for performing the changes outlined as-following, U. bt_5 (200) 2X6 Roof Joists @$300 ea. (2) 3 1/8" X 19 Y2"Glu-Lam beams @$3000 ea. TECHNICAL REPRESENTATIVE: WAGNER ARCHITECT ,_- BY: re omers DATE: 1 30108 0: Owner's Project Representative e propose to perform all changes described in the above request for a total ADDITION/.9C9t�st{ N to the Contract sum of; --o $ 66,OQO(Sixty Six Thousand dollars) O (Washington State Sales Tax not included) (L e have attached hereto Cost Estimate Detail Sheets Nos. 0 he foregoing amount covers all direct and indirect costs related to this change and to the effect of the change on a- the remainder of the project. All other provisions remain in full force and'effect, We request the,completion date be extendedXX calendar days because of thjs work. 1�L(' ��Q. ��L ���I.�7Y c (c BY: f�i/ DATE: CONTRACTOR TO; CITY OF KENT Z We have carefully examined the foregoing proposal and find it to be In order and the cost reasonable. We O therefore.recommend Its acceptance, o ua O U A-G tJ Q-L- CC BY; DATE: l s— O UJ tY ECHNICAL REPRESENTATIVE The foregoing proposal is accepted and authorizes the performance of the changes specified, This instrument when signed below,constitutes authority to proceed with the above work, A formal change.Order in this amount ill follow. Billings cannot be honored for this change until issuance-of.the formal Change Order.. 0 UTHORIZED BY; O 1 h � Date d Page 74 I CITY OF KENT, WASHiNGTON 'Contract Change proposal PROJECT: Russell Road Maintenance Facility DATE: December 29,2008 Roof&Wall Improvements CHANGE PROPOSAL NO: 16 0:Contractor In connection with your Contract with the City of Kent please furnish your proposal for performing the changes outlined as following: Roof and wall framing repairs to Building A due to rot repair Including: South wall studs&plates, Sheetrock replacement, Beams, and Soffit, r NICAL REPRESS TATIVE:WAGNER ARCHITE S BY: Gre Somers DA E: 12/29/08 r's PraJect Representative e to perform all changes described In the above request for a total ADDITION/DEDUCTIONto.the m of: --� $71,344(Seventy One Thousand Three Hundred Forty Four dollars) 0 (Washington State-Sales Tax notIncluded) a_a, We have attached hereto Cost Estimate Detail Sheets Nos.860-005A, 006A,008A,025A,027A,030A, 031A, Q 032A: �- h'e foregoing amount covers all direct and Indirect costs related to this change and to the effect of the change on the remainder of the project..All other provisions remain in full force and effect. e request'the completion date be extended XX calendar days be-66-aas f this work. II lip k V v "\ BY: DATE: o- ' (U< CONTRACTOR TO; 'CITY OF KENT z We have carefully examined the foregoing proposal and find it to be in order and the cost reasonable, We O therefore recommend Its acceptance. p z UJ 0 w AI f� �C BY: DATE; I L 0� TECHNICAL REPRESENTATIVE / he foregoing proposal is accepted and authorizes the performance of the changes specified, This Instrument hen signed below,constitutes authority to.proceed with the above work. A formal change Order in this amount III follow. Billings cannot be honored for this change untll issuance of the formal.Change Order, O UTHORIZED BY: ac O z Date Q I I iPage 75 Russell Road Maintenance Facill .lab# t3G0.005A r i Mike Werlech Gonstruction Inc Replace Rotted Studs,AddA-34 Clips @ new/reframe unit LABOR Qty unit . cost labor cost note Oa enter 13ZB hr 60.00 7,950 Supervision 76 hr 60,00 4,560 PM 8 hr 60,00 480 AdministmUon 6 hr 50.00 400 hr 0,00 0 hr 0,00 0 hr 0,00 0 hr 0,00 0 Subtotal Labor cost $13,390 Holt MATE'RIALS/!~QUIPMENT mbi unit coat AM Lumbdr 1 Is 1 400,00 1,400 Is 0,00 0 Is 0100 0 Is 0.00 0 Subtotal Material/equipment $1,400 SUBCONTRACTS 0 ' Is 0.00 0 a Is 0.00 0 .0 Is 0,00 0 0 Is 0 Subtotal Subcontractors $0 Total Direct Costs $14,700 QVerhead on General Contractors Work 20,0% 2 95B Overhead an Subcontractors Work 20.0% 0 Subtotal $17,748 taxes&Insumnoe 1,690 268 bonds 2,00/,) 355 TOTA►.CHANGE PROPOSAL, APPROVED BY., DATE: Page 76 Russell Road Mainfenance wail' Job dl 6t3Q-t]ntiA o Mike Werlech Con t ctlon tnc 15xptodngF6rRot unit LAUGR aty unit oast labor cost note Su srvislon 4.5 hr 60,00 270 Carpentry 19.0 hr 80,00 1,140 Administrativa 4,0 hr 60,00 200 PM 810 hr 00.00 400 i hr 0,00 0 hr 0100 0 . hr 0.00 0 Subtotal Lnbor oost $2,090 unit MATERIALSIEQUIPMENT ty lunIt cost 0 Is 0.00 0 o is 0100 0 0 Is 0,00 D 0 Is 0100 0 0 Is 0,00 0 0 Is '0.00 0 Subtotal Materlal/equlnmant $0 SUBOONTRACTS I 0 Is 0100 0 0 Is 0.00 0 0 Is 0100 0 0• Is 0 0 k3 o Subtotal,Suboontractors $0 Total Dlreot Costs $2,090 I , overhead on dsneral Dontraotms Work 20.0°A 418 overhead on Subcontraotors Work 24.o�G 0 I Subtotal $2,500 taxes&insuranoo 10/o 98 bonds ^,0% 50 TOTAL CHANGE PROPOSAL 4500 APPROVED 8?: DATE; 1 ' i i Page 77 Russell Road Maintenance F•aclll dab 1f 860.008A, i i MI a Werlech Consfrucfla l o Temporary Plywood unit iABOR MY unit coat tabor cost note Carpenter 160.0 hr 60.00 9,000 Supervislon 13.0 hr 60,00 700 PM 8.0 hr MOO 480 Adminlstratlon 5.0 hr 60.00 250 hr 0.00 D hr 0.00 0 ' hr 0.00 0 0 hr 0.00 0 Subtotal Labor cost $10,610 unit MATERIALSIEQUIPMENT city unit cost AM Lumber 1 Is '470,00 470 0 Is 0.00 0 D Is 0.00 0 0 Is 0.00 0 Subtotal MaterlaUe uipment $470 SUBCONTRACTS 0 Is 0.00 0 ' D is •O.OD 1 0 0 Is 0.00 0 0• Is o o to o Subtotal Subcontractors $0 Total Direct Coate MIND Overhead on General Contraclors Worst 20.6% 2,196 Overhead on Subcontractors Work 20.0% 0 Subtotal $13,170 taxes&Insurance 1.6% 198 bonds 2 0% 284 TOTAL CHANGE PROPOSAL $13 637 APPROVED 8Y! DATE Page 78 Russell Road Maintenance Faclllt Job# g6Q'025'� n- Mlke VUedech Constl'uc9on Inc sofa Replacement unit LABDR Qfy unit cost Tabor cost note j Supervision/Carpenter 130.5 hr 60.00 7,890 Project Manager a hr 60.00 ASO Administrative 6 hr 50.00 S00 hr 0.00 0 hr 0.00 0 Subtotal Labor cost $8,610 unTf MATERIALSIEQUIPMENT unit cost, Alld Lumber 1 Is 250.00 260 ftgIng Rental 1 Is 400.00 400 0 is 0.00 0 Subtotal Materiellequl ment $650 SUBCONTRACTS 0 Is 0.00 0 0 is 0.00 0 0 Is •0.00 0 0 Is 0 0 Is 0 Subtotal Subcontractors $0 Total Direct Costs $9,260 Overhead on General Contractors Work 20.0% 1852 Overhead an Subcontractors Work 20.0% 0 Subtotal $11,112 167 taxes&Insuranoe 1.5% bonds • 2.0% 222 TOTAL CHANGE PROPOSAL 11,601 APPROVED BY. DATE: . Page 79 all I • . . Russell Road Malnfenance Facil Job# 860-027A Mlk'e Werlech Construotlon Inc Bldg A Replace BeamslDelaminated Maln Suport f beams East&West unit LABOR MY unit cost taborcost note Su ervlslonlCarpenter 126.0 hr 60.00 7,660 Project Manager 8 hr 60.00 480 AdministraUve 4 hr 50,00 200 0 hr 0.00 0 0 hr 0.00 0 Subtotal Labor cost $8,240 unit MATEFtIALSIEQUIPMENT city, unit cast AlkI Lumber i 1e 1 26,00 29 Seafollng i Is 400.00 400 0 Is 0.00 0 0 Is 0.00 D o is 0.00 0 Subtotal Materialle ui ment $426 SUBCONTRACTS 0 Is 0.00 0 0 Is 0.00 0 0 Is 0.00 0 0 Is D • 0 Is 0 Subtotal Subcontractors $0 Total OPreot Costs $8,666 Overhead on General Contractors Work 20.0% 1 733 .o Overhead an Subcantraclors Work' 20.0% 0 Subtotal $10,398 taxes&Insurance 1.6% 156 bonds 2.0% 208 . ` TOTAL CHANCE PROPOSAL $10 762 APPROVED BY: DATE: i Page 80 Russell Road Maintenance FaEEI& i J I Job#1 860-030A Mike Werlech Construction Ina Conduitln Exterior wall I ' unit LABOR ca[y unit cost labor cost note Supervislon 7 hr 80.00 420 Carpenter 18 hr 60.00 1,060 AdmInislrative 4 hr 50,00 200 0 hr 0.00 0 0 •hr 1 0.00 0 0 hr 0.00 0 0 hr 0.00 0 Subtotal Labor cost $1,700 unit MATERIALS/EQUIPMENT unit 10081 0 Is 0.00 0 0 Is 0.00 0 0 Is 0.00 D 0 Is 0.00 0 0 Is 0.00 0 . a is 0.00 o ' Subtotal MalerlaUequipment $0 SUBCONTRACTS D Is 0.00 0 0 Hs 0.00 0 0 is 0.00 0 0 Is 0 0 Is 0 Subtotal Subcontractors $0 Total Direct Costs Si,700 Overhead on General Contractors Work 20.0% 340 Overhead on Subcontractors Work -20.0% . 0 Subtotel $2,04 taxes&Insurance 1.5% 31 bonds 2,0% 41 TOTAL,CHANGE PROPOSAL $2,1 1 APPROVED BY., DATE: i • Page 81 1 I 1 Russel Road Malnfenance Facllif Job# , 860.031A e 4 j M11m Werlech Construction Inc Replace Draln Flftings unit _ ! LABOR Qty unit .cost labor cost note Su srvisicn hr so,00 ttt Carpentet 8 hr 60.00 480 { Administrative 2 hr $0.00 100 1 0 hr 0.00 0 0 hr 0.00 a Subtotal Labor cost $680 i unit MATERIALS/EQUIPMENT qty unit cost 0 Is 0.00 0 0 is 0.00 0 0 Is 0100 0 0 Is 0.00 0 0 Is 0.00 0 Subtotal Material/equipment $a SUBCONTRACTS 0 Is 0,00 0 a • Is 0.00 • a 0 la 0,00 0 0 Is 0 0 Is a Subtotal Suboontraotors $0 Total Direot Costs $500 ` Overhead on General Contractors Work 20.0% 116 Overhead on Subcontractors Work 20,0% 0 Subtotal $686 taxes&insurance 1.5% 10 bands 2.0% 14 TOTAL.CHANGE PROPOSAL 720 APPROVED BP DATE. , I Page 82 i Russell Road Maintenance Fa all! Job#E 880.032A M11ce Werleoh Conatruotion Ino E'xt M Bldg A-S. Wall Sheetrock unit LABOR Qty unit co8t• tabor cast note Supervision 19.0 hr 60.00 1,140 Carpenter 104.5 hr 60.00 61270 Adminlstraiiva 8.0 hr 50.00 400 PM 10 hr BO.00 90o I 0 hr 0.00 0 Subtotal labor cost $6,TI0 unit MATERIALS/EQUIPMENT MY unit Icost AM Lumbar . i Is 62,00 62 i McLendon Hardware 1 Is 310,00 310 p elf 6/8X4x12 sheets 13, as 16.t36 P40 0 .Is 0,00 0 0 Is 0.00 0 I Subtotal Material/equipment $BOB SUBCONTRACTS 0 jig 0100' 0 0 Is 0.00 0 0 Is 0.00 0 0 is 0 0 Is 0 Subtotal Subcontractors $0 Total Direct Costs $M78 Overhead on General Conlractors Work 20A°� M76 Overhead on Subcontractors Work 20.0%^ 0 Subtotal $11,254 tdxes&Ins ranco 1.6% 160 bonds 2.0% 225 TOTAL PROPOSAL I' $11,648 APPROVED BY: DATE:• I�- Page 83 L 1 N N N .6 7 ro N a a v a s N N 07 ' yV�C� xN oo O ro O ro Ol O C , •� a a CC y IC m 0 R 5 Ct C V N ro} o N o 0 0 o a o 0 0 0 o o 0 h O ..l A N M � � Q m E (n o N o 0 0 0 0 0 0 0 0C, o o o U Q O q CL O Z i� .- .- N N N N N N N cm o � W VzQ ro � a a a s tj a 0 0 > > on a a k Ka In� aam ro ro ro n� ro ro ro .5 oF cr o m oo p $ V v0, o0 00 v E m � ous� °� dui d N tH Efj fA Hj C O u° a O 0 O O o p po p p p O O O p t O p O 9 O W p 1fN� o t c) CO C3 O • � m p N � ~ ui K N MM {• 0 9k ik ik d O O p O O O O O O O b O 6 0 B �; o �, oCO 0 o O02 o °oa m c0� E '_ ?b o o o o n O O O O l6 a n n n n n ro ro ao m ao 0o co ro a o rr W N CV N z � j N � d Nro rn o o W cn d CL O j _ +O E o a m° () C > 3 .� a N 3 O b. N Q. N 0. •� p C 4 aIL ` d i m m Is b g ro � a° w �3 v v r°c 0. 0 cg W �O crd m 5� a m m m d 2� z o ai ro m $ o �o e m c v r ° v v c l ro a 0:73 ¢ in s 'm 0. p � o a f0 :�.' •'^ O r N M V' ifl ep n CO O) O N Y 0 U �. a Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - 6K 1. SUBJECT: FOURTH QUARTER FEE-IN-LIEU FUNDS - ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept $80,615.00 in fee-in-lieu funds for the fourth quarter of 2008 and amend the expenditure of funds in the Morrill Meadows Park, Lake Fenwick Park, Wilson Playfields, and 272nd St. Park budgets. Between October and December 2008, the City of Kent received a total of $80,615.00'from 'four developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in four subdivisions: 1. Land Acquisition Budget: $8,025.00 from frontier Bank. 2 272nd Neighborhood Park Budget: $29,625.00 from Valley View Project. 3. Wilson Playfields Budget: $24,589.00 from Charter Homes, Inc. f 4. Lake Fenwick Park Budget: $18,37600 from Landmark Homes Inc. 3. EXHIBITS: Revenue report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budge Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i I DISCUSSION: i ACTION: j i i v � o I Page 7 a a a a a rn 0 o ui N � t0 �p a m o N 7 V p� O 3 m v c y � N d O E C Y O O A 3 O = C m > m Li > U M O a co Lo Z coo Cl) ttoo C G — 0 L N 0 N 0) O I- cc w d M a V T 0b 0b W Cb O O O O J 4h 0 to n m 66666 C. 0 0 0 O o L6 ui of cd vi N N O O f0 b M f0 CO E v O O W LO L rn co r r r � N OD 04 f0 CO O O d Cl) N O N r N Q to co co CO Y Y Y Y 0 co co 0 0 0 o b N N N �V C 0 O C o o a QCL r r 0 N � M � 00 a d r' a N 0 0 N MV o 0 0 0 0 a � n Cl) Cl) �- co m 0 co h d O uo u, � Z ri ri ri ri 0 d 0 a C 0 0 0 0 Q N N N N Lo a a a a � � a I I I Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - I6L 1. SUBJECT: CONTRACTOR PARKING EXEMPTION ORDINANCE - ADOPT I 2. SUMMARY 'STATEMENT: Adopt Ordinance No. amending Section 9.38.170 of the Kent City Code to authorize temporary parking permits for contractor use while engaging in City contract work within Residential Parking Zones. KCC 9.38.170 was recently enacted to make it illegal to park within a Residential Parking Zone ("RPZ") without displaying a city-issued parking permit. These permits are available only to RPZ property owners, residents, ;their visitors, and government vehicles not associated with the 'conduct of business at the Kent Events Center. This amendment is necessary to allow contractors and their subcontractors and employees doing City work to park in the neighborhood when necessary. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: j Councilmember moves, Councilmember seconds i DISCUSSION: i ACTION: I ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.38.170 of the Kent City Code, entitled "Parking Permits," to add a provision that allows city contractors, subcontractors, and their employees to park in Residential Parking Zones while engaged in work for the City. RECITALS A. Kent City Code ("KCC") section 9.38.175 was recently enacted to create a Residential Parking Zone in the North Park Neighborhood. This code provision makes parking permits available only to Residential Parking Zone property owners, residents, residents' visitors, and government vehicles not associated with the conduct of business at the Kent Events i Center. B. It is from time to time necessary and practical to also allow City contractors, their subcontractors, and employees doing work, such as sewer repairs, to temporarily park in the North Park Neighborhood and in other areas that may in the future be designated as Residential Parking Zones. This ordinance amending the exempt parking provisions of KCC 9.38.170 enables the Residential Parking Zone Manager to issue permits i for this purpose. 1 Residential Parking Zone Contractor Parking Exemption Chapter 9.38.170 KCC i I i NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: r ORDINANCE SECTION 1. - Amendment. Section 9.38.170 of the Kent City Code, entitled "Parking Permits," is amended as follows: I Sec. 9.38.170. Parking Permits. i A. The City Council finds that it is necessary to have a system of special parking p p g permits to be administered by the City facilities manager � which authorizes Council members and the Mayor to utilize existing two (2) hour parking zones and fifteen (15) minute parking zones at or near the City Hall and other City facilities during regular business hours between 9:00 a.m. until 6:00 p.m. necessary for the attendance of such officials at meetings and official business with the City. The City facilities manager is authorized to issue parking permits for City Council members and the Mayor on forms, cards, or stickers as he or she determines to be appropriate and conspicuous. Such permits shall contain a rendition of the City's corporate seal or official logo identifying the holder thereof as an authorized user and member of the City Council or the Mayor and to be exempt from parking restrictions under this chapter, excluding disabled parking stalls. Such permits authorize unlimited p g p parking for official business at two (2) hour parking zones provided under KCC 9.38.060 for Meeker Street and Gowe Street, and for all municipal parking facilities identified under KCC 9.38.160. Any permits issued by the facilities manager under this section shall be signed by the facilities manager and issued for such periods as he or she deems appropriate. 2 Residential Parking Zone Contractor Parking Exemption Chapter 9.38.170 KCC i B. The City facilities manager is authorized to issue parking permits for City corrections facility employees, Aukeen District Court employees, King County probation office employees, and prosecutors whose municipalities use Aukeen District Court on forms, cards, or stickers as he or she determines to be appropriate and conspicuous. Marked police vehicles and other police vehicles displaying exempt license plates may use the parking lot without being issued a permit. Such permits authorize unlimited parking for City or district court business at the lot southeast of the corrections facility at 1230 South Central Street. The parking lot shall be for the exclusive use of individuals with these parking permits except for any legally designated handicapped parking. The permits shall be signed by the facilities manager and issued for such periods as he or she deems appropriate. i C. The Residential Parking Zone Manager, appointed pursuant to Kent City Code section 9.38.175(C), is authorized to issue temporary parking permits for the personal and business vehicles of City contractors, subcontractors and their employees for use only while engaged in City contract work that requires such persons to be present in Residential Parking Zones. i SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. i 3 Residential Parking Zone Contractor Parking Exemption Chapter 9.38.170 KCC I I SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. I SUZETTE COOKE, MAYOR ATTEST: j 1 BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2009. APPROVED: day of , 2009. PUBLISHED: day of , 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved j by the Mayor of the City of Kent as hereon indicated. I (SEAL) � BRENDA JACOBER, CITY CLERK I i ff P;\Civil\Ordinance\Residential ParkingZone-ContractorPrkgExemption.docx 1 4 Residential Parking Zone Contractor Parking Exemption Chapter 9.38.170 KCC j 1 Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - 6M 1. SUBJECT: DOWNEY FARMSTEAD RESTORATION PROJECT/SALMON RECOVERY FUNDING BOARD AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Salmon Project Agreement with the Salmon Recovery Funding Board (SRFB) in the amount of $150,000, subject to final terms and conditions acceptable to the City Attorney. This restoration project will increase access to floodplain habitat for Chinook and other salmonids and restore floodplain functions. Funds from this grant would be used for a feasibility study and 30% design of the Downey Farmstead Restoration Project. The City will be reimbursed $150,000 after completing of this work. 3. EXHIBITS: Public Works Memorandum, Area Map, and Salmon Project Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION 13 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 NS7KENT Address: 220 Fourth Avenue S. W A S H I N G T O N Kent, WA 98032-5895 Date: January 16, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: January 26, 2009 From: Mike Mactutis, PE, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Downey Farmstead Restoration Project/Salmon Recovery Funding Board - Agreement Motion: Move to recommend for the Mayor to sign the Salmon Project Agreement with the Salmon Recovery Funding Board (SRFB) in the amount of $150,000, direct staff to accept the grant, and establish a budget for the funds to be spent within the Downey Farmstead Restoration Project, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The Downey Farmstead Restoration Project involves four parcels totaling 21.81 acres located along the left bank of the Green River from River Mile 21.7 to 22.2. This restoration project will include creation of floodplain storage and side channel refuge habitat for salmonids parallel to the Green River. This will increase access to floodplain habitat for Chinook and other salmonids and restore floodplain functions. Funds from this grant would be used for a feasibility study and 30% design of the Downey Farmstead Restoration Project. Reimbursement: The City will be reimbursed $150,000 by the Salmon Recovery Funding Board after the City of Kent spends its funds for this project. STATE 1 Natural Resources Building °� (360 902-3000 1111 Washington St SE a T Y(360�902-1996 Olympia WA 98501 w = Fax: 360)902-3026 PO Box 40917 �]BB9�0 E-mail:info@rco.wa.gov Olympia WA 98504-0917 Web site.me �!rco.wa.gov STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE J N 15 2009 January 7, 2009 '' ;; Michael Mactutis City of Kent 220 Fourth Ave S Kent, WA 98032-5895 RE: Downey Farmstead Restoration Project Study, RCO#08-1659N Dear Mr. Mactutis: Congratulations on your successful application for the Downey Farmstead Restoration Project Study project. Your project is administered by the Recreation and Conservation Office (RCO). Enclosed are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for reference as you implement your project and seek reimbursement. After reviewing your Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original. Once the Project Agreement is signed and returned, the Downey Farmstead Restoration Project Study project can commence. Prompt implementation and completion of your project is extremely important and will ensure the continuing success and credibility of the Salmon Program by demonstrating effective results to citizens and policy makers. We encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities. Please notify your project manager of any event celebrating your project's beginning or completion. As always, staff is available to answer questions that may arise during project implementation. If you need assistance, please contact Tara Galuska at(360) 902-2953 or tara.galuska@rco.wa.gov. Thank you again for helping make this valuable investment in Washington State's recreation, conservation, and natural resources. Sincerely, adletd pq Kaleen Cottingha� Director Enclosures Recreation and Conservation Funding Board 0 Salmon Recovery Funding Board o Washington Biodiversity Council a& ACREcvR Rashington Invasive Species Council m Forum on Monitoring Salmon Recovery and Watershed Health %4p Salmon Project Agreement 16 Salmon Funding Accounts Project Sponsor: City of Kent Project Number: 08-1659N Project Title: Downey Farmstead Restoration Project Study Approval Date: 12/13/2008 A. PARTIES OF THE AGREEMENT This Project Grant Agreement(Agreement) is entered into between the Salmon Recovery Funding Board(SRFB), P.O. Box 40917,Olympia,Washington 98504-0917 and City of Kent, 220 Fourth Ave S, Kent,WA 98032-5895 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington's General Fund. The grant is administered by the SRFB to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on-going obligation for the project shall be the same as the Period of Performance period identified in Section E. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on December 11,2008 and end on December 31,2010. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the SRFB for this project shall not exceed$150,000.00. The SRFB shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount SRFB -Salmon Federal Projects 100.00% $150,000.00 Project Sponsor .00% $0.00 Total Project Cost 100.00% $150,000.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions,all of which are attached hereto and incorporated herein. Except as provided herein,no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations,except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's Director. The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth in these documents. H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCO POLICIES This Agreement is governed by, and the Sponsor shall comply with,all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 286 WAC and published agency policies,which are incorporated herein by this reference as if fully set forth. Salmon Proiect Apreement Salmon Funding Accounts Chapter 77.85 RCW,Chapter 286 WAC Page 1 of 3 PROJAGR.RPT 17 I. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS 1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the Recreation and Conservation Funding Board and the office name changed to the Recreation and Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To allow immediate implementation of this project, the existing provisions are hereby incorporated into the agreement. All references to the Board refer to the Recreation and Conservation Funding Board. References to the Office refer the Recreation and Conservation Office. 2. Before reimbursement of any design related expenses, the sponsor must comply with Governor's Executive Order 05-05 regarding Archeological and Cultural Resources for the scope of work approved in this Project Agreement. The Recreation and Conservation Office will issue a notice to proceed when appropriate documentation has been received. In the event that archaeological or historic materials are discovered during project activities, work in the immediate vicinity must stop; the area must be secured, and the Sponsor must notify the concerned tribe's cultural staff and cultural committee, the Recreation and Conservation Office, and Department of Archaeology and Historic Preservation. 3. Preliminary Project Design (also known as 30% design): Preliminary designs are intended to advance one (or more) concepts from the feasibility stage to a detailed understanding and quantification of all the major project elements. The person (or team) completing the Preliminary Project Design should include at least one licensed Professional Engineer,who would be qualified to follow through with the Final Project Design. While the detailed scope of each project's preliminary design process is unique, in general the process typically involves some or all of the following activities: 1. Preparation of surveyed site plans 2. Field investigations of hydrologic, geotechnical, and other site conditions 3. Data analysis and preparation of drawings and designs (CAD software (AutoCAD or similar) 4. Preparation of engineering cost estimates and a design report 5. Preparation and submittal of required permit applications(optional) 6. Cultural resources review The Preliminary Design Report is intended to be a reference document on which to base the Final Design development, and this latter phase of project development should address and answer all major questions about the proposed work. The designer should be able to step directly from the Preliminary Project Design to Final Design, including incorporation of modifications resulting from review of the Preliminary Design Report and drawings. A Preliminary Design Report for multiple concepts should have enough detail that the reviewers could select a"preferred alternative" based on technical information and trade-offs listed in the report. The Preliminary Design Report(with drawings)should be sufficient for project permitting as an attachment to applications for JARPA, FPA, USACOE, and/or other required permits. This reference document should also have adequate details and cost information for adjustment of the project construction budget. J. FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through a federal funding source. Funds provided from the US Dept of Commerce must be reported under CFDA#11,438-Salmon Restoration and Award Number NA08NMF4380608 for federal fiscal year 2008. As a sub-recipient of the federal funds,you are required to provide the SRFB with a summary of the federal expenditures by CFDA#for each year. If your total federal expenditures are$500,000.00 or more in a one-year period,you are required to have a federal single audit in compliance with OMB Circular A-133. Salmon Protect Agreement Salmon Funding Accounts Chapter 77.85 RCW, Chapter 286 WAC Page 2 of 3 PROJAGR.RPT K. PROJECT GRANT AGREEMENT REPRESENTATIVE is All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact SRF13 Name: Michael Mactutis Recreation and Conservation Office Title: Env. Eng. Supervisor Natural Resources Building Address: 220 Fourth Ave S PO Box 40917 Kent, WA 98032-5895 Olympia,Washington 98504-0917 www.rco.wa.gov/srfb/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIREAGREEMENT This agreement, along with all attachments,constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project#08-1659N, shall be effective upon signing by all parties. STATE OF WASHINGTON RECREATIONNN AND CONSERVATION OFFICE / BY: @Wn ae �V_n � �C c DATE: m Kaleen Cottingha , Director PROJECT SPONSOR BY: DATE: TITLE: Pre-approved as to form: BY: /S/ Assistant Attorney General Salmon Project Agreement Salmon Funding Accounts Chapter 77.85 RCW, Chapter 286 WAC Page 3 of 3 PROJAGR.RPT �_ � I'� �, _ � ��yam- 4�� ✓ ���-� �'q� - r J - Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - 6N 1. SUBJECT: ORDINANCE AMENDING FLOOD HAZARD REGULATIONS - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending Chapter 14.09 of the Kent City Code making floodplain management and compliance provisions consistent with state and federal regulations. The City flood hazard regulations are in Chapter 14.09 of the Kent City Code. The City's regulations must comply with the Federal Emergency Management Agency (FEMA) Community Rating System Program. These amendments to Chapter 14.09 KCC bring the City into compliance with the federal regulations. These amendments are also based on new hydraulic and hydrologic data available from FEMA, in the form of a preliminary Flood Insurance Rate Map and the King County River and Floodplain Management Unit hydraulic modeling performed in review of the preliminary Flood Insurance Rate Map. The City's flood manage- ment policies invoke the need for continued review and update to ensure that public health, safety, and general welfare are protected from flood conditions. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 14.09, of the Kent City Code, entitled 'Flood Hazard Regulations," in order to revise the floodplain management and compliance provisions and make them consistent with state and federal j regulations. RECITALS A. The City of Kent's flood hazard regulations are in Chapter 14.09 of the Kent City Code. The City's regulations must comply with the Federal Emergency Management Agency (FEMA) Community Rating System (CRS) Program. These amendments to 14.09 bring the City into compliance. B. These amendments are also based on new hydraulic and hydrologic data available from FEMA, in the form of a preliminary Flood Insurance Rate Map (FIRM) and the King County river and Floodplain Management Unit hydraulic modeling in review of the preliminary FIRM. The City's flood management policies invoke the need for continued review and update to ensure that public health, safety and general welfare are protected from flood conditions. 1 Flood Hazard Regulations Amend Ch. 14.09 KCC NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 14.09.010 of the Kent City Code, entitled "Definitions," is amended as follows: Sec. 14.09.010. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Appeal means a request for review of any final action pursuant to this chapter, or of the interpretation of any provision of this chapter by any city official. B. Area of shallow flooding means the land within the floodplain where the base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Area of special flood hazard means the land within the floodplain which is subject to a one (1) percent or greater chance of flooding in any given year. D. Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year flood. 2 Flood Hazard Regulations Amend Ch. 14.09 KCC E. Base flood elevation means the actual elevation (in mean sea level) of the water surface of the base flood determined by the Federal Flood Insurance Administration or other qualified person or agency as described in this chapter. F. Basement means any area of the building having its floor sub rq ade (below ground level) on all sides. G. Best Available Data means 1) the data provided by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study for King County, Washington and Incorporated Areas, dated June 16, 1995, with accompanying flood insurance maps and any subsequent revisions thereto, or 2-6) hydrologic and hydraulic analyses performed in accordance with standard engineering practice and in accordance with FEMA standards contained in 44 C.F.R. Part 65. H. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to: schools, nursing homes, hospitals, police, fire, and emergency response installations; and public and private facilities which produce, use, or store hazardous materials or hazardous waste as defined by the State Department of Ecology. I. Development means any proposed or actual manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations located within flood hazard areas and other site preparation activities, or storage of materials or equipment. 3 Flood Hazard Regulations Amend Ch. 14.09 KCC J. Director means the director of the department of public works of the city. C K. Fill means deposition of earth material by artificial means. L. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: l I 1. The overflow of inland or tidal waters; �- 2. The unusual and rapid accumulation of runoff of surface water from any source. M. Flood insurance rate map (FIRM) means the official map on which the federal flood insurance administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community. N. Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary and floodway map, flood insurance rate map, and the water I surface elevation of the base flood. O. Flood protection elevation means that the finished floor of any structure must be a minimum of 2 feet above the base flood elevation. r P. Flood season means the period from November 1st to March 31st during which, historically, the frequency, distribution and volume (inches of rainfall) of storms in the Green River Basin have been the largest and all known major floods have occurred. j 4 Flood Hazard Regulations Amend Ch. 14.09 KCC { Cam. Floodplain means that portion of a river or stream channel and adjacent lands which are subject to the base flood flooding. R. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. S. Floodway fringe means that portion of a floodplain which is not floodway. T. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. U. Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 5 Flood Hazard Regulations Amend Ch. 14.09 KCC y I: V. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured i home lots for rent or sale. W. No net fill means that if any fill is brought on to a site for the construction of a structure or access road then an equal amount of soil/material will be removed from the site. Fill must be obtained from the same site, to the extent practicable. The soil removed must be from within the boundaries of the site, to the extent practicable, and from with the special flood hazard area. If not practical, soil could be removed from property in the immediate vicinity and within the special flood hazard area. } 4 ' X. New construction means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. I a Y. "Recreational Vehicle"means a vehicle which is• 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal i use. Z. Special flood hazard area means those land and water areas identified by the Federal Insurance Administration in a report entitled The j Flood Insurance Study for King County, Washington and Incorporated 6 Flood Hazard Regulations Amend Ch. 14.O9 KCC i I Areas, dated September 30, 1989, with accompanying pages on file with King County or the department of public works of the city. AA. Start of construction includes substantial improvement, and means the date a building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include submission of an application for development, land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. BB. Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground. CC. Substantial improvement means any repair, remodeling, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the appraised fair market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration 7 Flood Hazard Regulations Amend Ch. 14.09 KCC r f of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions I of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications L which are necessary solely to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a recognized state or local inventory of historic places. SECTION 2. - Amendment. Section 14.09.060, entitled "Basis for j establishing the areas of special flood hazard," of the Kent City Code is 1� amended as follows: I Sec. 14.09.060. Basis for establishing the areas of special flood hazard. The basis for establishing the area of special flood hazard is tThe areas of special flood hazard identified by the Federal Emergency i Management Agency in a scientific and engineering report entitled Flood Insurance Study for King County, Washington and Incorporated Areas, dated June 16, 1995, with accompanying flood insurance maps and any subsequent revisions thereto (the "flood insurance study"), which is hereby adopted by reference and declared to be a part of this chapter as if stated verbatim; or the use of best available data as defined in this chapter. The flood insurance study is on file and available for examination at the office of the department of public works. SECTION 3. - Amendment. Section 14.09.150, entitled "Designation of local administrator," is amended as follows: i 8 Flood Hazard Regulations Amend Ch. 14.09 KCC i ,4; Sec. 14.09.150. Designation of local administrator. The public works director or his/her designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. Duties of the administrator shall include, but not be limited to: A. Permit review. 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied. 2. Review all permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. 3. Review all permits to determine if the proposed development is located within a floodway. If proposed development is located within a floodway, ensure that KCC 14.09.180 is enforced. B. Use of other base flood data (in A and V zones). 1. When base flood elevation data has not been provided (A and V zones) in accordance with KCC 14.09.060, the public works director or his/her designee shall obtain, review and reasonably utilize any best available data, base flood elevation and floodway data available from a federal, state or other source to administer this title. C. Information to be obtained and maintained. 1. Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in KCC 14.09.140, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. 9 Flood Hazard Regulations Amend Ch. 14.09 KCC f i 2. For all new or substantially improved floodproofed structures where base flood elevation data is provided through the flood insurance study, FIRM, or as required in KCC 14.09.140: a. Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed; and b. Maintain floodproofing certifications required pursuant to this chapter. I 3. e--Maintain for public inspection all records pertaining to the provisions of this chapter. D. Alteration of watercourses. j 1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Insurance Administration. 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. E. Interpretations of FIRM boundaries. Make interpretations where needed, as to exact location of boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the actual boundary shall be given reasonable opportunity to appeal the interpretation as provided for in KCC 14.09.210. SECTION 4. - Amendment. Section 14.09.170, entitled "Specific standards," is amended as follows: I 10 Flood Hazard Regulations Amend Ch. 14.09 KCC i I Sec. 14.09.170. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in KCC 14.09.060 or 14.09.140, the following provisions are required: 1. Residential construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the flood protection elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: i. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed areas subject to flooding shall be provided. ii. The bottom of all openings shall be no higher than one (1) foot above grade. iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated Lento the flood protection elevation; or, together with attendant utility and sanitary facilities, shall: 11 Flood Hazard Regulations Amend Ch. 14.09 KCC a. Be floodproofed se that belew ene (1) feet abeve the base fleed to the flood protection elevation so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural j) design, specifications and plans. Such certifications shall be provided to the official as set forth in KCC 14.09.150(C)(2); d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section; f e. Applicants floodproofing nonresidential buildings shall ` be notified that flood insurance premiums will be based on rates that are !j one (1) foot below the floodproofed level (e.g., a building floodproofed to one (1) foot above the base flood level will be rated as at the base flood level). 3. Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. i Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three (3) feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that i toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible. i 12 Flood Hazard Regulations Amend Ch. 14.09 KCC i 4. Manufactured homes. All manufactured homes to be placed or substantially improved within zones Al - 30, AH, and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home the base fleed^el-e o t*enis at the flood protection elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of KCC 14.09.160 (1)(b). 5. Recreational vehicles. Recreational vehicles placed on sites are required to meet all applicable provisions of the Kent City Code. If allowed by code, recreational vehicles are required to either: a. Be onsite for fewer than one hundred eighty (180) days; b. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or C. Meet the requirements of KCC 14.09.160(1) and the elevation and anchoring requirements for manufactured homes. i 6. Drainage around structures. Adequate drainage paths are required around structures on slopes to guide waters around and away from proposed structures. SECTION 5. - Amendment. Chapter 14.09 of the Kent City Code, regarding Flood Hazard Regulations is amended to add a new section 14.09.175, entitled "Compensatory Storage," as follows: 13 Flood Hazard Regulations Amend Ch. 14.09 KCC i Sec. 14.09.175. Compensatory storage. There is hereby established a "Compensatory Storage" section as follows: A. Except as provided in subsection (B) of this section, within the floodplain of the areas of special flood hazard, the following provisions apply: 1. Applicants shall provide onsite replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of the base flood discharge. Encroachments include fill, new construction, substantial improvements, and other development. No net fill in the floodway fringe shall be allowed. 2. If an applicant seeks to provide off site replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of base flood discharge, the applicant must submit certification by a registered professional engineer or architect demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, and the offsite replacement location must be located within the same watershed that the encroachment is occurring. 3. If subsection (1) or (2) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170. l B. Within the lower Mill Creek floodplain delineated on the Flood Insurance Rate Map Panels 969, 1232, and 1251 as a floodway: 1. Applicants shall provide onsite replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of the base flood discharge. An alternative is to construct such that no net fill is placed on site. 14 Flood Hazard Regulations Amend Ch. 14.09 KCC 2. If an applicant seeks to provide off site replacement of 100% of the storage area lost to encroachments so that there is no increase in flood levels during the occurrence of base flood discharge, the applicant must submit certification by a registered professional engineer or architect demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, and the offsite replacement location must be located within the same watershed that the encroachment is occurring. 3. If subsection (1) or (2) of this section is satisfied, all residential construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170 j SECTION 6. - Section 14.09.180 entitled "Floodways," is amended as follows: Sec. 14.09.180. Floodways. Within the floodway of the areas of special flood hazard, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard enaineerinQ practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and repairs, reconstruction, or improvements to a structure, the cost of which does not exceed fifty (50) percent of the 15 Flood Hazard Regulations Amend Ch. 14.09 KCC market value of the structure either before the repair, reconstruction, or repair is started, or if the structure has been damaged, and is being i restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty (50) percent determination. 3. If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable f flood hazard reduction provisions of KCC 14.09.170. SECTION 7. - Severability. If any one or more section, f subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: l BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 16 Flood Hazard Regulations Amend Ch. 14.09 KCC i i PASSED: day of , 2009. APPROVED: day of , 2009. PUBLISHED: day of , 2009. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK PAOvil\Ordinance\FloodHazardRegulations I409.doex I I I I 17 Flood Hazard Regulations Amend Ch. 14.09 KCC I' I I Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - 60 j 1. SUBJECT: LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM CONTRACT AMENDMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an amendment to the Local Hazardous Waste Management Program (LHWMP) contract agreement for 2008/2009 in the amount of$24,413.91, direct staff to accept the grant and establish a budget for the funds to be spent within said project, subject to final agreement terms and conditions acceptable to the City Attorney and the Public Works i Director. The Seattle/King County Health Department LHWMP Grant is used to fund collection of hazardous waste at special recycling collection events for residents and businesses. This contract agreement is to distribute 2009 grant funds to the City to implement the City's';2009 LHWMP. I 3. EXHIBITS: Public Works Memorandum 1/15/09 and Contract Amendment 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. EISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION; Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 21 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director �- KEN T' Phone: 253-856-5500 WASH IN GTO N Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 15, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: January 26, 2009 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Local Hazardous Waste Management Program (LHWMP) - Contract Amendment j Motion: Move to recommend authorization for the Mayor to sign an amendment to the Local Hazardous Waste Management Program Contract Agreement j for 2008/2009 in the amount of $24,413.91, direct staff to accept the grant and establish a budget for the funds to be spent within said project upon concurrence of the language therein by the City Attorney and the Public Works Director. i Background/History: The Seattle/King County Health Department Local Hazardous Waste Management Program Grant is used to fund collection of hazardous waste at special recycling collection events for residents and businesses. The Seattle/King County Health Department Local Hazardous Waste Management Program Contract Agreement to distribute 2009 grant funds to the City to implement the City's 2009 LHWMP tasks as described in the Scope of Work in the grant agreement. U:I PWComtnitteeU ctiarPage12009V1eu14LNVVMPContl'actAmendmW t.doe 23 CONTRACT AMENDMENT Page 1 of 5 Total Pages CONTRACT NO. D37975D PROJECT NAME Local Hazardous Waste Management Program DATE ENTERED 1/1/2008 CONTRACTOR City of Kent AMENDMENT NO. 1 ADDRESS 220 4th Avenue South DATE ENTERED 1/1/2009 Kent, WA 98032 AMENDMENT REQUESTED BY AMENDMENT AFFECTS ❑ Scope of Services PHSKC ® Time of Performance ® Compensation Organization ❑ Method of Payment Reliance P Shallow ❑ I Name El Terms and Conditions u Reslts of Services 1. Purpose of Amendment: This Amendment adds $24,413.91 in funding to extend services and events conducted as part of the Local Hazardous Waste Management Program through 12/31/2009 as authorized by the 2009 Annual King County Budget and changes Contract boilerplate language in two sections. 2. AMEND: Contract Total $24,242.21 TO READ: Contract Total $48,666.12 3. AMEND: Contract Period: January 1, 2008 —December 31, 2008 TO READ: Contract Period: January 1, 2008—December 31, 2009 4. AMEND Exhibit I, Scope of Work by adding the attached Exhibit I -2009, Scope of Work. 5. AMEND Exhibit II, Budget/invoice by adding the attached Exhibit II—2009, Budgetlinvoice. I ' 6. AMEND: Section II.A. TERM AND TERMINATION: "Contract shall commence on the 1st day of Janua 2008, and shall terminate on the 31st day of December 2008..." TO READ: Section II.A. TERM AND TERMINATION: "Contract shall commence on the 1st day of Janua 2008, and shall terminate on the 31st day of December 2009..." t 24 7. AMEND: Section 111.13 COMPENSATION AND METHOD OF PAYMENT: "The County shall make payment to the Contractor not more than 45 days after a complete and accurate invoice is received." TO READ: Section 11111.13 COMPENSATION AND METHOD OF PAYMENT: The County shall make payment to the Contractor not more than 30 days ' after a complete and accurate invoice is received." 8. AMEND: Section VI.G MAINTENANCE OF RECORDS/EVALUATIONS AND INSPECTIONS: "The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17." TO READ: Section VI.G MAINTENANCE OF RECORDS/EVALUATIONS AND J INSPECTIONS: "The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56." All other terms and conditions of the original contract shall remain unchanged. , IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first written. 1 KING COUNTY, WASHINGTON CONTRACTOR I FOR King County Executive Signature' Date Name (please type or print) Date I J � AMENDMENTS:2009 Local Hazardous Waste Program Page 2 of 2 pages 25 EXHIBIT I-2009 D37975D MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2009 ACTIVITIES The Local Hazardous Waste Management Plan(hereafter referred to as the"Plan") as updated in 1997, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program(hereafter referred to as the "Program"). The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the"MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize two citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil,motor oil filters,petroleum based products, antifreeze,batteries, computer monitors, TVs, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A. The Ci 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit II). Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste H:Vny documentsWent09.doc • i 26 collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport i of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities j conducted within the scope of this Contract. In the event of a spill or other emergency,the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in 1 whole—'with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the.Program to reproduce media materials created.with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 4th Ave. S, Kent, at(253) 856-5549, (gungerford@ci.kent.wa.us) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled y the Contract Administrator should be referred to the LHWMP Program Administrator for resolution. B. Seattle-King_County Department of Public Health 1. Seattle-King County Department of Public Health shall administer,via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten(10) days of receiving a request for reimbursement from the City,the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work,unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete(e.g. they do not include proper documentation of expenditures for which reimbursement is being requested)or are not consistent with the submitted scope of work. C. Program Contacts Jay Watson Paul Shallow LHWMP Program Administrator LHWMP Contract Administrator 150 Nickerson Street, Suite 100 Seattle, WA 98104 206-352-8163 206-263-8487 jay.watson@kin cg oun1y.gov paul.shallow@kingcounty.gov 1 i H:\tny documentslkentKdoc 2 Kent City Council Meeting Date February 3, 2009 Category Consent Calendar - 6P 1. SUBJECT: NORTHWEST HYDRAULICS CONSULTANTS CONTRACT FOR LEVEE STUDY AUTHORIZE i 2. SUMMARY STATEMENT: Authorize the Mayor to sign a 'contract with Northwest Hydraulic Consultants in an amount not to exceed $49,802 to iconduct analyses of levee alternatives to reduce the negative effect of recent FEMA mapping of;potential flooding in the Lower Green River Valley, subject to final agreement terms and conditions acceptable to the City Attorney and the Public Works'Director. The City is investigating alternative solutions to reconstruct the Green River Levees. Northwest Hydraulics Consultants performed the modeling and prepared the documentation for the FEMA appeal and is able to investigate the technical merits of alternative levee configurations. 3. EXHIBITS: Public Works Memorandum 1/20/09 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' i Councilmember moves, Councilmember seconds i DISCUSSION: i I ACTION: i 49 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 �- KENT' Fax: 253-856-6500 wnsHiNcrorr Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 20, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: January 26, 2009 From: Michael Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Northwest Hydraulic Consultants-Analysis of Levee Alternatives- Contract Motion: Move to recommend authorization for the Mayor to sign a contract with Northwest Hydraulic Consultants not to exceed $49,802 to conduct analyses of levee alternatives to reduce the negative effects of recent FEMA mapping of potential flooding in the Lower Green River Valley, subject to terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Federal Emergency Management Agency (FEMA) is in the process of updating the Flood Insurance Rate Maps (FIRMs) for the Green River Valley. Preliminary FIRMs were issued in September, 2007 which showed the floodplain encompassing much of the entire valley. The City participated with King County and the other valley cities in an appeal of the Preliminary FIRMs in March, 2008. FEMA is currently evaluating the appeal documents. The appeal documents showed the flood hazard area smaller than shown in FEMA's Preliminary FIRM, but still significantly larger than the current flood hazard area. The reason for the drastic increase in the status of the Green River Levees, which were built prior to existing federal Levee Design Standards and do not meet those standards. Consequently, FEMA is required to map the flood hazard areas as if the levees have failed. The City is investigating alternative solutions to reconstruct the Green River Levees. Northwest Hydraulic Consultants performed the modeling and prepared the documentation for the FEMA appeal and is able to investigate the technical merits of alternative levee configurations to provide flood protection to portions of the Kent Valley area. This proposed contract would provide for them to assist the City in that effort. it U:IPlYContntitteeUctiarPage120091012609SaatltNVVHvdrattliesCon.SttltCotitractLel'eeAnalvsis.doe 51 KENT WASHING I O N CONSULTANT SERVICES AGREEMENT between the City of Kent and Northwest Hydraulic Consultants Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Hydraulic Consultants Inc. organized under the laws of the State of Washington, located and doing business at 16300 Christensen Road, Suite 350, Seattle, WA 98188-3418, Phone: (206) 241-6000/Fax: (206) 439-2420, Contact: Larry Karpack (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: i The Consultant shall conduct analyses of levee alternatives to reduce the negative effects of recent FEMA mapping of potential flooding in the Lower Green River Valley. For a description, see the Consultant's Scope or Work which is attached as Exhibit A and incorporated by this reference. jConsultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound i 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, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Nine Thousand, Eight Hundred Two Dollars ($49,802.00) 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 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. I CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 52 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 I 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 i of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. The Consultant shall hold harmless and indemnify the City, its officers, officials, employees, agents and volunteers from and against losses, liabilities, (( expenses, and costs, including, without limitation, all legal costs and attorney fees caused by the Consultant's negligence in its performance of professional services under this Agreement. j As respects its operations under this Agreement other than the performance of professional services, Consultant shall, to the fullest extent permitted by law, hold harmless, indemnify, and defend the City, its officers, officials, employees, agents and volunteers 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. 1 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. i i CONSULTANT SERVICES AGREEMENT - 2 f Over$10,000) 53 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 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 Ifor 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. IC. 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, 1 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 54 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. t 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 j hereafter specified in writing. I 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 f 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: i (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: t -CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) f j55 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Larry Karpack Larry R. Blanchard Northwest Hydrautlic Consultants Inc. City of Kent 16300 Christensen Road, Suite 350 220 Fourth Avenue South iSeattle, WA 98188-3418 Kent, WA 98032 (206) 241-6000 (telephone) (253) 856-5500 (telephone) (206) 439-2420 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department NHC-Levee AIC/Madutis 1 CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 56 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 j 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. B. 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. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the I 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_. i By: For: I i Title: Date: { EEO COMPLIANCE DOCUMENTS - 1 57 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. FEO COMPLIANCE DOCUMENTS - 2 58 j CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT f 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 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: 5 For: Title: Date: l } i i i t` I i l EEO COMPLIANCE DOCUMENTS - 3 i 59 EXHIBIT A SCOPE OF WORK GENERAL The objective of this project is to conduct analyses of levee alternatives to reduce the negative effects of recent FEMA mapping of potential flooding in the Lower Green River valley. The specific work to be conducted under this work authorization includes an evaluation of changes in the mapped inundation area and depths of flooding in the Green River valley (relative to nhc's 2008 Green River FIS study) that would result from specific levee alternatives. Initially one alternative is to be evaluated. The budget also includes an allowance for evaluation of up to 2 additional alternatives, coordination meetings, presentation of results, and administration. The following scope of work includes specific tasks and deliverables. Task 1 -Analysis of S. 259th Street Levee Alternative nhc will modify the Green River FLO-21) model to incorporate a proposed modification to S. 259th Street that would raise the road high enough to prevent Green River floodwaters from discharging to the north (in the event of a levee failure in the Horseshoe Bend area). The model will be rerun for the 100-year (base flood) condition. The area of inundation and depth grids from the FLO-21) output will be extracted and compared to the corresponding grids from the Green River FIS, nhc will prepare a figure showing the areas that would be removed from the Green River floodplain under the S. 259th Street levee alternative and a second figure depicting the change in base flood water levels in the affected area. It is not envisioned that revised FEMA mapping will be produced at this time. Deliverables: • Updated FLO-21) model inputs and outputs. • Map showing areas that would be removed from the Green River floodplain under the alternative. • Map showing changes in base flood elevations in affected area. • Brief technical memorandum summarizing key assumptions and findings Task 2 - Project Management, Coordination, Meetings, and Presentation The nhc project manager will provide general project management services and coordinate nhc staff to accomplish the tasks described herein. He shall maintain close communication with City staff including scheduling and attending meetings as necessary to ensure completion of the tasks described herein in an efficient and quality manner. Three coordination meetings are anticipated under this work authorization. These meetings will be held at the City of Kent or other location as determined by the City. nhc will prepare a short PowerPoint presentation summarizing the results of the evaluation for the City Council and will attend a council meeting to present the results and answer questions. Deliverables: • Task status reports as requested by City staff. • Summary of key decisions at meetings (if requested) • PowerPoint presentation and attendance at City Council meeting. Task 3 -• Optional Analysis of Two Additional Levee Alternatives nhc will modify the Green River FLO-21) model to incorporate up to two proposed modification additional levee alternatives which may be identified during the course of this study. The model S 259'h Street Levee Evaluation Page 1 of 2 Exhibit A 60 i will be rerun for the 100-year (base flood) condition. The area of inundation and depth grids from the FLO-21D output will be compared to the corresponding grids from the FIS, nhc will prepare a figure showing the areas that would be removed from the Green River floodplain under the alternative and a second figure depicting the change in base flood water levels in the affected area. The budget does not include time for revised FEMA mapping. Deliverables: • Updated FLO-21D model inputs and outputs. • Map(s) showing areas that would be removed from the Green River floodplain under the alternative. • Map(s) showing changes in base flood elevations in affected area. • Brief technical memorandum summarizing key assumptions and findings f I i 1 1 i S 259th Street Levee Evaluation Page 2 of 2 Exhibit A i 61 to..... 0 w 0 0 CO 12 4A N 64 V> V) tV.7. O 04 V 04 OD 0)0) 7-- oi o to ... .... ... 0 V V` OD 0) o 0) co ... ....... to co 000 60), O > 4- C1,14 — ...... 0 00 • U9 ... -t CO 7171 O .7.7. uj 00 64 Y.Vt 7.7. OD C. 03 C6 C,4 (L M cl 0. IL 717. 0 WN 0- > N., tCf 0 a > 0 0 16 0 0 o CO i.I.I.I. 0 4-r 0 0 a 00 0 o c-4 (D Wcu...... od z . 0)d) Co 0 N 0 U;l N, 16 0 < u NA, (D 0 CL a 7.7.7 (n CO 0 0 0 (1) CL m 2 w 0 0 0 0 i I I Kent City Council Meeting Date February 3, 2009 Category Other Business - 7A I 1. SUBJECT: HOWARD HANSON DAM UPDATE - INFORMATION ONLY 2. SUMMARY STATEMENT: Staff will update Council on the status of the Howard Hanson Dam following the January, 2009 storm event. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? IN A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Counc lmember moves, Councilmember seconds DISCUSSION: ACTION: i I Kent City Council Meeting Date February 3, 2009 Category Bids - 8A 1. SUBJECT: RIVERBEND GOLF COURSE FENCE 2. SUMMARY STATEMENT: The bid opening for the Riverbend Golf Complex Fencing Project was held on January 26, 2009, with nine (9) bids received. The apparent low bid was submitted by All Around Fence Company for the amount of $135,048, excluding Washington State Sales Tax. I i i I I 3. EXHIBITS. Bid tab and Contract 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to sign an agreement with All Around Fence Company in the amount of $135,048, excluding Washington State Sales Tax, to complete the Riverbend Golf Complex Fencing Project, subject to final agreement terms and conditions acceptable to the City Attorney. DISCUSSION: ACTION 1 KENT WASHINGTON BID TABULATION FORM KENT PARKS, RECREATION &COMMUNITY SERVICES CITY OF KENT,WASHINGTON NAME: Riverbend Golf Course Fence DATE: January 26, 2009 DUE: 1:45 p.m. OPENED: 2:00 p.m. Bidder: - Total Lump-Sum Bid: Addendum in dollars == #_ 1 _ = _ #2 1 1. All Around Fence Co $135,048.00 X X 2. Fence Specialists $147,350.00 X X 3. Straight Line $147,386.00 X X 4. Summit Fence $149,000.00 X X 5. Secoma Fence $154,200.00 X X 6. Sea West Construction $156,000.00 X X 7. Owl Fencing, Inc $163,188.00 X X 8. Quality Fence Builders, Inc $174,138.00 X X 9. Commercial Fence Corp $184,696.00 X X CONSULTANT ESTIMATE: $150,000.00 9 bids were received for this project and opened. The apparent low bidder is All Around Fence Company for$135,048.00 plus applicable Washington State sales tax. Staff will review the bid documents and verify references. Kent City Council is expected to award the bid on Tuesday, February 3, 2009. Questions may be directed to Pete Petersen, Golf Course Superintendent, at(253) 856-5190. CONTRACT BETWEEN THE CITY OF KENT AND ALL AROUND FENCE COMPANY THIS AGREEMENT, made in triplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and All Around Fence Company, organized under the laws of the State of Washington, located and doing business at PO Box 1029, Ravensdale WA 98051; P: 253-863-4895 ("'Contractor"). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools materials and equipment for: Riverbend Golf Course Fence Project in accordance with and as described in the Contract Documents and shall perform any alterations in or additions to the work provided under the Contract Documents and every part thereof. The Contract Documents shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2006 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 45 calendar days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract Documents and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract Documents and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract Documents. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, L arising out of or in connection with the performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor'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 contract 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 contract. 6. Contractor agrees, ► upon the Cit 's written demand to make all books and P Y records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain during the term of construction and p 9 throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, ' including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT BY: SUZETTE COOKE, MAYOR DATE: ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: KENT LAW DEPARTMENT CONTRACTOR BY: PRINT NAME: TITLE: DATE: WITNESS, if INDIVIDUAL OR PARTNERSHIP: STATE OF WASHINGTON ) I ) ss COUNTY OF KING ) On this day of , 2009, before me personally appeared and to me known to be and of the corporation/individual that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. 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 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. 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 and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial .Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3. Excess Liability insurance shall be written with limits no less than $1,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. , 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance For Other Losses C The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. S F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than j A:VII. I G. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. 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. PAYMENT AND PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Riverbend Golf Course Fence Project (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. I i TWO WITNESSES: PRINCIPAL (enter principal's name above) BY: TITLE: DATE: DATE: CORPORATE SEAL: I PRINT NAME DATE: SURETY CORPORATE SEAL: BY: DATE: TITLE: I ADDRESS: CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY j i I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the contract known as Riverbend Golf Course Fence Proiect that was entered into on the day of , 2009, 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 , 2009. By: Print Name: For: Title: STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the Partnership/Corporation to be the free and voluntary act of such Partnership/Corporation for the uses and purposes mentioned in the instrument. WITNESETH my hand and seal this day of , 2009. NOTARY PUBLIC for the State of Washington My commission expires BID PROPOSAL To The City Clerk City Hall 220 Fourth Avenue South Kent, Washington 98032 I The undersigned hereby certifies that Sow "pA(-�q u.A 1&apfiwm, 00 has personally examined the job site and construction details of the work as outlined on the Plans and described in the Contract Documents for Riverbend Golf Course Fence Project for the City of Kent, Washington, and has read and thoroughly understands the Plans and Contract Documents, specifically including all specifications, governing the work in this project and the I method by which payment will be made for said work and hereby proposes to undertake and I complete the work embraced in this improvement in accordance with said Plans-and all Contract Documents and at the following schedule of rates and prices: I NOTE TO BIDDERS: (1) Unit prices for all items, all extensions and total amount of bid must be shown. Show unit prices in both words and figures and, where conflict occurs, the written or typed words shall prevail, It is the intention of the City to award the entire contract to one contractor. (2) Washington State Department of Revenue Special Rule 170, and its related rules, applies to this contract. Under these rules the City will automatically add retail sales tax to each pp � Y Y payment made to the Contractor. Accordingly, the Contractor should not include retail sales tax in the Unit Bid Item (s) or Lump Sum Prices, subject to certain limited exceptions. See WSDOT Standard Specifications, Section 1-07.2. I I i t A. BASE BID: RIVERBEND GOLF COURSE FENCE PROJECT I. BASE BID (LUMP SUM): $ Ob (figures) (�NN� D�11121�-�►v�Ti+ovsa�N� Fo� rY ���+1r Aodollars) (Written in dollars) + ao/ro© Base bid amount should include all overhead, labor, materials, and equipment necessary to complete the work. Work noted as "not in contract" abbreviated N.I.C. is not included in Base Bid, II. PROJECT TOTAL TOTAL LUMP SUM BID, Lump Sum $ 0q C)Nt-� 4ANDy-, D -'H I FIVE 110w5AU C1'611 j IbU1PS(dollars) (Written in dollars) -A-D0J►D�D i B. UNIT PRICE BIDS 1. 6 Foot Chain Link Fence PER L.F. $ IUlyte� e� �o ea 0-A � 1'5 +-tn S') x V (dollars) (The price includes all labor, materials, and equipment necessary to provide and install chain link fence as detailed and in accordance with Section 02831 of the Technical Specifications.) 2. 12 Foot Chain Link Fence PER L.F. $ t►i J M1Y-b '-D61 1Gtt- Glt-tGlVal�-c� -FWp (dollars) (The price includes all labor, materials, and equipment necessary to provide and install chain link fence as detailed and in accordance with Section 02831 of the Technical Specifications.) C DO NOT INCLUDE SALES TAX i The undersigned Bidder hereby verifies that these listed bid prices are true and correct in all respects. BIDDER: DATE: TA ��'► �DO� (signature) By: 'Rom SLR! Title: O W N� (print name) Company Name: A �12.OuN� ��tuC� C�1U,PPcN Address: �. D. Sox. (02� City/State/Zip: WA Phone: � ' ���3� ov-31 -48g6 C"7-0L> -7,Ll3 . 5q ceto L-L— PROPOSAL SIGNATURE PAGE The undersigned bidder hereby proposes and agrees to start construction work on the Contract, if awarded to him or her, on or before ten (10) calendar days from the date of issuance of the Notice to Proceed, and further agrees to complete the Contract within thirty (30) days after issuance of the City's Notice to Proceed. No bidder may withdraw her/his bid for a period of sixty 60 days after the day of bid opening. The required bid security consisting of cash, bid bond, or cashier's check in an amount equal to 5% of the total amount is included. ` Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No,'s 0 NC , - W 6 to the plans and/or specifications is hereby acknowledged. By signing this proposal Signature Page, the undersigned bidder agrees to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. NAME OF BIDDER: ALL- /-20 L N� F1'ma—�; N u ea Ls`/ gcon:n Company I Signature: 4 Date: Printed Name; h2D -D Le- Title: Address: F'O UOx l02�1 j 12P�ye1SUPo-r= V11k q?-)051 Phone: L�-65) �U3 — 4265 (2D to)-- q�3--69 to Co C�►_t_ Kent City Council Meeting Date February '3, 2009 Category Bids - 8B 1. SUBJECT: RIVERBEND GOLF COURSE TREE PLANTING 2. SUMMARY STATEMENT: The bid opening for the Riverbend Golf Complex Tree Planting Project was held on January 26 2009, with thirteen (13) bids received. The apparent low bid was submitted by The Brickman Group for the amount of $54,410, excluding Washington State Sales Tax (WSST) The Engineer's estimate is $95,000. 3. EXHIBITS: Bid tab and contract 4. RECOMMENDED BY: 'Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize' the Mayor to enter into an agreement with The Brickman Group in the amount of $54,410 excluding Washington State Sales Tax, to complete the Riverbend Golf Complex Tree Planting Project, subject to final agreement terms and conditions acceptable to the City Attorney. DISCUSSION: ACTION: KEN T WASHINGTON BID TABULATION FORM KENT PARKS, RECREATION & COMMUNITY SERVICES CITY OF KENT, WASHINGTON NAME: Riverbend Golf Course Trees DATE: January 26, 2009 DUE: 2:45 p.m. OPENED: 3:00 p.m. Bidder: Total Lump Sum Bid: Addendum #1 in dollars 1. The Brickman Group $54,410.00 X 2. Devco General Cont., Inc. $58,000.00 X 3. L.W. Sundstrom, Inc. $61,250.00 X 4. Mario's Landscaping, Inc. $64,230.00 X 5. Pacific Northwest Earthworks L.L.C. $64,594.16 X 6. Rexius $64,772.56 X 7. Paul Brothers Inc. $74,250.00 X 8. Dariotos Construction $75,625.00 9. Yellow Iron Construction, Inc. $78,887.00 X 10. Ridgetop Golf $79,200.00 X 11. Buckley Nursery $82,172.60 X 12. Cascadian Landscapers $84,000.00 X 13. Tinker Landscape and Construction $93,400.00 X CONSULTANT ESTIMATE: $95,000.00 13 bids were received for this project and opened. The apparent low bidder is The Brinkman Group for $54,410.00 plus applicable Washington State sales tax. Staff will review the bid documents and verify references. Kent City Council is expected to award the bid on Tuesday, February 3, 2009. Questions may be directed to Pete Petersen, Golf Course Superintendent, at (253) 856-5190. CONTRACT THIS AGREEMENT, made in triplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and The Brickman Group, organized under the laws of the State of Washington, located and doing business at PO Box 1118, Puyallup, WA 98371; P: 253-848-8100 ("Contractor"). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: Riverbend Golf Course Tree Planting Proiect in accordance with and as described in the Contract Documents and shall perform any alterations in or additions to the work provided under the Contract Documents and every part thereof. The Contract Documents shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2006 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 45 calendar days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract Documents and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract Documents and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract Documents. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. I 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns 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 performance of this contract, except for f injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor'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 contract 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 Contractor and the City, its officers, officials, 1 employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 contract. 6. Contractor agrees, upon the City's written demand, to make all books and ` records available to the City for inspection, review, photocopying, and audit in i the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. 4 I IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT BY: SUZETTE COOKE, MAYOR DATE: ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: KENT LAW DEPARTMENT CONTRACTOR BY: PRINT NAME: TITLE: DATE: I WITNESS, if INDIVIDUAL OR PARTNERSHIP: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day of , 2009, before me personally appeared and to me known to be and of the corporation/individual that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ` I NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires 1 I 1 1 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. 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 and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3. Excess Liability insurance shall be written with limits no less than $1,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above. i I C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by i the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property { insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. 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. PAYMENT AND PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Riverbend Golf Course Fence Project (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: �I I PRINCIPAL (enter principal's name above) BY: TITLE: DATE: DATE: } CORPORATE SEAL: PRINT NAME DATE: SURETY CORPORATE SEAL: BY: DATE: TITLE: ADDRESS: f I CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY f I 1 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the contract known as Riverbend Golf Course Fence Project that was entered into on the day of , 2009, 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 , 2009. By: Print Name: For: Title: STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the Partnership/Corporation to be the free and voluntary act of such Partnership/Corporation for the uses and purposes mentioned in the instrument. WITNESETH my hand and seal this day of , 2009. NOTARY PUBLIC for the State of Washington My commission expires i REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR i C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES ��' IKC FE N T WA%HI NO TON OPERATIONS COMMITTEE MINUTES JANUARY 61 2009 committee .M ers Pr—eMb _n Debbie Raplee, Tim Clark, and Les Thomas _ -ese The meeting was called to order by Tim Clark at 4:05 p.m. I. A[!PROVAL OF MINUTES IAATECG_DECEMBER 1.200 Thomas moved to approve the minutes of the December 2, 2008, Operations Committee meeting. Raplee seconded the motion, which passed 3-0. 2. APPROVA DATED NOVEMBER 3O 2008 & DECEM 2008 Finance Director Bob Nachlinger presented the vouchers for November 30, 2008 and December 15, 2008 for approval. Raplee moved to approve the vouchers dated November 30, 2008 & December IS., 2008. Thomas seconded the motion,, which passed 3-0. 3. MOVE TO RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO EXECUTE THE LEASE AGREEMENT AMENDMENT WITH WASHINGTON HOSPITALITY, LLC FOR THE FIRE CREEK GRILL, SUBJECT TO FINAL TERMS AND CONDITIONS ACCEPTABLE TO THE CITY ATTORNEY. Parks and Community Services Director Jeff Watling noted that since September 2, 2008, nine (9) of the eighteen (18) holes of the Riverbend Golf Course have been closed due to levee restoration and golf course reconstruction. The City has reviewed the effect of the partial course closure on the number of persons using the golf course and patronage of the Fire Creek Grill. Watling further advised that the City and the Fire Creek Grill have agreed on a reduced rental rate as consideration for the months of September 2008 through March 2009, given the partial closure of the golf course and the desire of both parties to keep Fire Creek Grill open during the closure, The attached Amendment to the Lease addresses this rental reduction. Watling pointed out that the Amendment also modifies the percentage payment for the water utility bill to more accurately reflect the current use of water within the 18-hole clubhouse. Watling also mentioned that the 20th Anniversary of the Riverbend Complex is coming up next year, so looking forward to a grand re- opening. Clark made a recommendation that the hotel lodging tax group help with Operations Committee Minutes January 6, 2009 Page: 2 the Anniversary celebration, Watling will look into the recommendation. The Committee raised further questions which Watling responded to. Thomas moved to recommend Council authorize the Mayor to execute the lease agreement amendment with Washington Hospitality, LLC for the Fire Creek Grill, subject to final terms and conditions acceptable to the City Attorney, Raplee seconded the motion, which passed 3-0. 4. MOVE TO RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT WITH SEATAC SWEEPING SERVICES IN THE AMOUNT OF $30,005.79, FOR CITY-WIDE PARKING LOT SERVICES. Parks and Community Services Director Jeff Watling explained that for years the City has outsourced parking lot cleaning services due to the specialized equipment that is needed. The City of Kent.advertised a request for quotes to perform parking lot cleaning services at seven of the highest used city facilities. Two written quotes were received and SeaTac Sweeping Services was selected to complete the city- wide project in the amount of $30,005,79, including WSST. The Committee raised questions which Watling responded to. Raplee moved to recommend Council authorize the Mayor to execute an agreement with SeaTac Sweeping Services in the amount of $30,005.79, for city-wide parking lot services. Thomas seconded the motion, which passed 3-0. S. MOVE TO APPROVE THE SUN LIFE ASSURANCE COMPANY OF CANADA STOP LOSS CONTRACT SUBJECT TO APPROVAL OF TERMS BY THE CITY ATTORNEY'S OFFICE AND THAT THE MATTER BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE JANUARY 20, 2009 MEETING. Employee Services Benefits Manager Becky Fowler advised that the City currently contracts with LlfeWise Insurance Company for stop loss coverage, LifeWise Insurance Company's stop loss insurance premium for the City of Kent for 2009 is quoted at $552,581. Sun Life Assurance Company of Canada will provide this same stop loss coverage to the City of Kent for 2009 for $430,584, a saving of approximately $122,000 for the year, Stop loss insurance is budgeted in the health and wellness fund. Fowler noted that the City is self-insured for all medical claims through Premera Blue Cross, All City employees and their dependents that are enrolled in the City"s self-insured medical program are covered under a stop loss insurance policy. This stop loss policy provides added coverage to the City for individual medical claims exceeding $150,000 per employee or dependent for each calendar year. All medical costs exceeding $150,000 per enrollee per year will be reimbursed to the City under this policy, The Committee raised questions which Fowler responded to. 3 Operations Committee Minutes January 6, 2009 Page: 3 Thomas moved to approve the Sun life Assurance Company of Canada Stop Loss contract subject to approval of terms by the City Attorney's office and that the matter be placed on the City Council consent calendar for the January 20, 2009 Meeting. Raplee seconded the motion, which passed - . 6. MONTHLY FINANCIAL REPORT (INFORMATIONAL ONLY) Finance Director knob Nachlinger presented a brief review of the Monthly Financial Report. The m&etag adjofrtary p.m, I N ncy Clary Operations mmittoe i i 3 PUBLIC WORKS COMMITTEE MINUTES for January 05, 2009 Committee Members Present: Committee Chair Deborah Ranniger and Committee Member Ron Harmon were present; Tim Clark sat in for Debbie Raplee who was absent. The meeting was called to order at 5:04 p.m. ITEM 1 - Approval of Minutes Dated December 15, 2008: Committee Member Harmon moved to approve the minutes of December 15, 2008. The motion was seconded by Clark and passed 3-0. ITEM 2 - South County Area Transportation Board Agreements (SCATBd,: Public Works Director, Larry Blanchard explained that the parties to the 2009-2012 Agreement for the South County Area Transportation Board (SCATBd) recognize that multi-jurisdictional transportation planning and coordinated transportation plans benefit their citizens. Clark noted that SCATBd serves a critical role in transportation in our region. Blanchard, went on to explain the purpose of the Agreement is to provide for the continuation of SCATBd as the south county portion of the region's forum for local governments to share information, building consensus, and coordinate among jurisdictions and agencies with the goal of priorities for regional transportation decisions. The packet that the committee received was more inclusive than was needed. Clark moved to recommend authorization for the Mayor to sign the 2009- 2012 Interlocal Agreement to continue to participate in the South County Area Transportation Board, including identifying representatives to SCATBd for the City and providing dues. The agreement is subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 3 - Set Next Public Works Committee Meeting Date for January 26, 2009-Due to MLK Holiday: Ranniger noted that the next regularly scheduled Public Work Committee meeting (January 19, 2009), falls on Martin Luther King Day. She proposed that a special Public Works Committee meeting be held on January 26, 2009. Harmon moved to recommend setting the second Public Works Committee meeting for the month of January 2009 for Monday, January 26, 2009, due to the Martin Luther King Holiday (January 19, 2009). The motion was seconded by Clark and passed 3-0. ITEM 4 - Set Next Public Works Committee Meeting Date for February 23, 2009-Due to Presidents Day: Ranniger noted that the next regularly scheduled Public Work Committee meeting scheduled for February 16, 2009, falls on Presidents Day. She proposed that a special Public Works Committee meeting be held on February 23, 2009. Ranniger will not be able to attend this meeting. Clark will sit in for her. Clark moved to recommend setting the second Public Works Committee Meeting for Monday, February 23, 2009, due to Presidents Day (February 16, 2009). The motion was seconded by Harmon and passed 3-0. 4 _. PUBLIC WORKS COMMITTEE MINUTES for January 05, 2009 ITEM 5 - INFORMATION ONLY - Residential Commercial Solid Waste Disposal and Recycling Contract: Conservation Specialist, Gina Hungerford noted that the Solid Waste Contract held by Allied Waste ends in 2011. Public Works staff would like to obtain comments from the PWC regarding concerns, additions, or changes they may have. These concerns, additions, or changes could be included as criteria for the selection of and inserted as language in the contract for the Solid Waste Contract. Request for Proposals (RFP) are being circulated, and staff will keep the PWC apprised of the status of this process on a quarterly basis. t ; Public Works Committee members requested that the following be considered when negotiating the next contract. TOP Requests from Public Works Committee Members 1. 5-7 year Contract j 2. Self Haul 3. Every other week service 4. Daily log shall be maintained and vehicle log 5. Improve Communication from hauler during inclement weather 6. Hauler/City Website to be linked together 7. Global Positioning System (GPS) devices on vehicles Questions & Comments Asked by Public Works Committee Members: 1. Reduce Solid Waste Stream • Options for large or small containers 13 gallon and various sized up to 32 gal. • Conform to needs of households • Options - Can we renew the contract on a more frequent basis • What happens to a customer who wants to haul their own garbage? • Create a policy that requires a reduction in waste stream. 2. What options are available? Ranniger was told you can get a 20 gallon container. However, she was unable to find one at any of the local hardware businesses. Link from the City website to theirs (garbage hauler) When will 2009 Calendars be mailed out? Ranniger had not yet received hers. 3. Waste to Energy - Sustainability 4. Tim Clark - Direction from King County (KC) is going to sustainable sources Landfill is projected to be full 2016-2018, and there needs to be a plan to determine what KC and the City will do before the Land Fill is full. Kent may want to develop its own Solid Waste Management Plan. May need to get a report from King County Metro on how they will provide for Solid Waste. 5. Styrofoam - Recycling 6. 5-7 year contract opener, in case of problems. 1 5 PUBLIC WORKS COMMITTEE MINUTES for January 05, 2009 7. Customers should get a credit if garbage pickup is missed 3 or more times (consecutively?) If we don't have a penalty for hauler for missing 3 or more pickup we should. 8. 3.8.7 - As a result of the recent snow storm - need to be managed better. Garbage was not picked up for 3 weeks. 9. An approach in the communications ability to e-mail and send an e-mail back to logging. No Motion Required - Information Only ITEM 6 - INFORMATION ONLY - Snow & Ice Removal Conditions: Street Superintendent, Bill Thomas gave an in informative PowerPoint Presentation on the 2008 Snow and Ice Response which included slides of the Priority Routes and Emergency Road closures and photos of the damage done by the storm. Committee members thanked Bill and all the crews that worked long hours during the holiday to keep the City moving. Information Only No Motion Required Adiourned: The meeting was adjourned at 6:18 p.m. Next Meetina is Scheduled for: Monday, January 26, 2009 at 5:00 p.m. Reminder there will not be a meeting on February 16, 2009 due to the Presidents Day Holiday. Cheryl Viseth Public Works Committee Secretary i i i i CONTINUED COMMUNICATIONS A. I EXECUTIVE SESSION I I ACTION AFTER EXECUTIVE SESSION I i i i i I i i I i i i I