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City Council Meeting - Council - Agenda - 06/02/2009
City of Kent ' City Council Meeting Agenda June 2, 2009 Mayor Suzette Cooke Debbie Raplee, Council President Councilmembers Elizabeth Albertson Ron Harmon Tim Clark Deborah Ranniger Jamie Danielson Les Thomas KENT WASHINGTON City Clerk's Office KENT CITY COUNCIL AGENDAS KENT June 2, 2009 WASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President 1 Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas COUNCIL WORKSHOP CANCELLED 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. National Night Out Report D. Neighborhood Council Update E. Employee of the Month F. Economic Development Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None C. 2008 Community Development Block Grant Action Plan Amendment Two - Authorize D. 2009 4Culture Sustained Support Grant Agreement - Authorize E. Lake Fenwick Floating Dock Project Agreement - Authorize F. Department of Community, Trade and Economic Development Reimbursement Grant Agreement for Clark Lake Park - Authorize G. Quota International Donation for Service Club Ballfields - Accept and Amend Budget i (Continued) COUNCIL MEETING AGENDA CONTINUED H. Retaining Wall and Access Easement at Arbor Heights 3600 - Authorize I. Puget Sound Energy Resource Conservation Manager Program Grant Agreement - Authorize 3. Illicit Discharge Detection and Elimination (IDDE) Ordinance - Adopt K. Commute Trip Reduction (CTR) Plan Update and Ordinance - Adopt L. Stimulus Package Funds for East Valley Highway - Accept M. Sub Regional Opportunity Fund Interlocal Cooperation Agreement - Authorize 7. OTHER BUSINESS None 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. ONTINUED COMMUNI TIONS . 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Offic 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 i! advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. I -777 I °,a p m -C v.s �� s no0 00 0 w' E m c E o r'd C -O (C N -O 3 aI p >_ •� bn 7 v' ro 'N c No Nro o C . N ro N m m L C C 0 0 s Q U w E ) a) Q)L-0 'C O a) T O.U L C. 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OU ;w C u .T,Ln a) - v) 20 m ( a o.cc V) u m Q V'> a E �i E m Q m0 Q mU�� n t � COUNCIL WORKSHOP 1 r t t CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC 1 1 i PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) NATIONAL NIGHT OUT REPORT D) NEIGHBORHOOD COUNCIL UPDATE E) EMPLOYEE OF THE MONTH F) ECONOMIC DEVELOPMENT REPORT Kent City Council Meeting Date June 2, 2009 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: ' Councilmember �ar'Lu-., moves, Councilmember seconds to approve Consent Calendar Items A through_,O. ' / O Discussion Action 6A. Auuroval of Minutes. Approval of the minutes of the regular Council meeting of May 19, 2009. 6B. Auaroval of Bills. ' No numbers were available. 4^4�� Kent City Council Meeting KENT WASHINGTON May 19, 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) Ranniger moved to remove Consent Calendar Item 6E, 2009 Design & Construction Standards, from the agenda and remand it back to the Public Works Committee. Raplee seconded and the motion carried. B. From the Public. (CFN-198) Mayor Cooke noted that Matt DeKerrie will present an award to the winner of the Allied Waste contest under Public Communications. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Council President Raplee announced that the ShoWare Center has received an Award of Merit from the American Institute of Architects for Civic Design in Washington State. Mayor Cooke introduced Auburn City Council Member Virginia Haugen, Boy Scout Lucas Shoemaker who is a student at Meridian Middle School and is working on his Communications Merit Badge, and Dr. T. M. Sells and international students from Highline Community College who are part of the U.S. State Department's Summit Initiative. B. Community Events. (CFN-198) Ranniger encouraged those interested to attend a meeting from 6:30 to 8:30 p.m. on June 3, 2009, at the Phoenix Academy to discuss the location for an off leash dog park on East Hill. Mayor Cooke announced a community forum with Julia Patterson to discuss transportation projects and funding, which will be held on June 41" at the Kent Senior Center. Ranniger noted that the Chamber of Commerce and the City will discuss transportation options at the ShoWare Center on May 21. C. East Hill Elementary School Handheld Instrument Performance. (CFN-198) A musical performance was given by students of East Hill Elementary School, led by music teacher Matthew Kelly. D. Public Safety Report. (CFN-122) Deputy Police Chief Painter updated the monthly statistics and explained how the Neighborhood Response Team is organized. He outlined upcoming summer events such as the 4th of July, Cornucopia Days and ShoWare events, and enforcement emphasis on things such as illegal street racing, DUI, prostitution, intersection violations, and Click It or Ticket. E. Commute Trip Reduction Diamond Awards. (CFN-155) Monica Whitman announced that four of the eighteen Diamond Award winners are located in Kent, and presented certificates to representatives of Oberto Sausage Company, REI, Horizon Airlines, and Digital Control. 1 f Kent City Council Minutes May 19, 2009 F. Wheel O tions Statewide Grand Prize Winner. CFN-155 Monica Whitman D ( ) announced that Lorene Yurak of the Kent School District is the statewide Wheel Options grand prize winner, and awarded her a check in the amount of $2,500. ADDED ITEM G. Allied Waste Recycling Contest Award Presentation. (CFN-198) Matt DeKerrie of Allied Waste introduced the winner of their Recycling Contest and noted that her family will receive a year of garbage service free. CONSENT CALENDAR Raplee moved to adopt Consent Calendar Items A through M, with the exception of E. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of May 5, 2009, were approved. C B. Approval of Bills. (CFN-104) This information was not available. _ C. Mapcon Mapping Contract for 2009 Digital Aerial Photography. (CFN-1038) The Mayor was authorized to sign a Consultant Services Agreement with Mapcon Mapping Inc. in the amount of $114,250 for aerial photographic mapping services, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. King County Interlocal Agreement Re Transfer of Properties. (CFN-239) The Mayor was authorized to sign the Interlocal Agreement between King County and the City of Kent relating to the transfer of two County-owned parcels used principally for drainage to the City of Kent, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I King County wishes to transfer two drainage parcels supporting the Southeast 240tn roadway. One parcel is identified as King County tax parcels numbers 162205-9127 and was part of the DeMarco annexation which took effect on June 27, 2001, and the second parcel is identified as parcel number 222205-9009 and was part of the Meridian Valley annexation, which took effect on July 1, 1997. Transfer of these two parcels is required for ownership purposes by the City as a result of the referenced annexations so the City can continue maintenance as required. E. 2009 Design & Construction Standards Ordinance. (CFN-140) This item was removed from the agenda. F. Plemmons Industry Lease Renewal for Maintenance Facility. (CFN-239) The Mayor was authorized to execute a three-year Lease Agreement with Plemmons Industries, to lease warehouse space to be used as the Traffic Signal and Streetlight Maintenance Facility, subject to final terms and conditions acceptable to the City 1 Attorney and Public Works Director. 2 f Kent City Council Minutes May 19, 2009 G. King County Office of Emergency Management Grant. (CFN-122) The King County Office of Emergency Management Homeland Security Sub-grant in an amount not to exceed $100,000 was accepted, and the Mayor was authorized to sign the contract to receive funds. H. Terrorism Research Center Consultant Contract. (CFN-122) The Mayor was authorized to sign a contract with Terrorism Research Center in an amount not to exceed $100,000 to enhance Zone 3 Emergency Management Planning. I. Santiam Emergency Equipment Goods & Services Agreement. (CFN-122) The Mayor was authorized to sign the Goods and Services Agreement with Santiam in an amount not to exceed $150,000, for fire department protective equipment. J. Washington Traffic Safety Commission Grant, Reduce Underage Drinking. (CFN-122) The Washington Traffic Safety Commission Grant in the amount not to exceed $2,400 was accepted, and the Police Chief was authorized to sign all necessary documents. K. Washington Traffic Safety Commission Grant, Nighttime Seat Belt Enforcement. (CFN-122) The Washington Traffic Safety Commission grant in the amount of $7,000 was accepted, and the Police Chief was authorized to sign all necessary documents. L. Memory Care at Arbor Village, Bill of Sale. (CFN-484) The Bill of Sale for Memory Care at Arbor Village for 1 gate valve, 1 hydrant, 15 linear feet of waterline, and 30 linear feet of new street was accepted. M. Highland Park Townhomes, Bill of Sale. (CFN-484) The Bill of Sale for Highland Park Townhomes for 1 gate valve, 1 hydrant, 313 linear feet of waterline, 4 sewer manholes, and 561 linear feet of sewer line was accepted. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke noted that SCATBd will meet on June 9 to discuss reducing bus hours and services, and invited input from Councilmembers. C. Operations Committee. (CFN-198) Clark noted that printed material on Vision 2040 is available to elected officials. D. Parks and Human Services Committee. (CFN-198) Ranniger reiterated her request for input on the location for an off leash dog park on East Hill, and noted that the Parks committee will meet on May 21 at 5:00 o'clock. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that the next meeting will be held at 5:00 p.m. on June 8. F. Public Safety Committee. (CFN-198) Harmon noted that this next meeting will be on June 9 at 5:00 p.m. 3 Kent City Council Minutes May 19, 2009 G. Public Works Committee. (CFN-198) Ranniger reminded Councilmembers of i the Chamber of Commerce workshop on transportation options on May 21. H. Administration. (CFN-198) Hodgson outlined the legislative bills affecting Kent which the governor is expected to sign, and reminded Councilmembers of an executive session on property acquisition and pending litigation, which will take I approximately ten minutes. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:00 p.m. and reconvened at 8:08 p.m. (CFN-198) r I ADJOURNMENT The meeting adjourned at 8:08 p.m. (CFN-198) Brenda Jacober, CMC City Clerk I f i I 4 ' Kent City Council Meeting Date June 2, 2009 Category Consent Calendar - 6C 1. SUBJECT: 2008 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN AMENDMENT TWO - AUTHORIZE 1 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment Two to the 2008 CDBG One-Year Action Plan, which accepts $211,080 in additional CDBG funds, and allocates $189,972 to the Kent Youth and Family Services Watson Manor Roof Replacement Project, and $21,108 to administrative and planning functions. The City was awarded $211,080 in CDBG recovery funds (CDBG-R) through the American Recovery and Reinvestment Act of 2009. To receive these funds, HUD requires that grantees provide a substantial amendment to their Program Year 2008 Annual Action Plan. The Council approved the first amendment to the 2008 One-Year Action Plan on May 5, 2009. Although the first amendment included allocation of CDBG-R. the City had not received HUD guidance on providing a substantial amendment and did not deduct 10% out of the award for administra- tion and planning activities. Consequently, the City is submitting this second amendment to the 2008 One-Year Action Plan to address these issues. The City wishes to allocate CDBG-R funds to the Kent Youth and Family Services (KYFS) Watson Manor Roof Replacement/Parking Lot Repair Project and to the Human Services Division for planning and administration activities. On May 13, 2009, public notice regarding the amendment was published on the City website for seven (7) days. Council action is required to approve the amendment allocating the funding. 3. EXHIBITS: Second Amendment to the 208 On-Year Action Plan 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) l5. FISCAL IMPACT Expenditure? Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PARKS, RECREATION AND COMMUNITY SERIVCES • Katherin Johnson, Manager Housing and Human Services WKI AIT Report provided by: Dinah Wilson, Human Services Planner Staff Report - First Amendment to the 2008 CDBG One-Year Action Plan The City was awarded $211,080.00 in CDBG recovery funds (CDBG-R) through the American Recovery and Reinvestment Act of 2009. The only jurisdictions eligible for recovery funds are those that received CDBG in 2008. To receive these funds, HUD is requiring that grantees provide a substantial amendment to their Program Year 2008 Annual Action Plan. Substantial amendments to the City of Kent 2008 - 2012 CDBG Consolidated Plan for Housing and Community Development require Council approval. The Council approved the First Amendment to the 2008 One-Year Action Plan on May 5, 2009. Although the First Amendment included allocation of CDBG-R, the City had not received HUD guidance on providing a substantial amendment and did not deduct 10% out of the award for administration and planning activities. Consequently, the City is submitting this Second Amendment to the 2008 One-Year Action Plan to address these issues. The City wishes to allocate CDBG-R funds to the Kent Youth and Family Services (KYFS) Watson Manor Roof Replacement/Parking Lot Repair Project and the City of Kent Parks Department, Human Services Division for planning and administration activities. Pursuant to HUD regulations, the City of Kent proposes to amend the 2008 CDBG One-Year Action Plan to reallocate funds to the following programs: • Award $189,972.00 to the Watson Manor Roof Replacement/Parking Lot Repair Project. Funds will be used to remove and replace the roof and repair the parking lot at Watson Manor, a transitional housing facility for homeless adolescent mothers and their children. • Award $21,108 to the City of Kent Parks Department: Housing & Human Services Division for planning and administration activities. The attached Public Notice regarding the Amendment and the Amendment were posted on the City of Kent official website on May 13, 2009. In addition, the attached Public Notice and Amendment were posted in public buildings and available for public comment for seven days pursuant to requirements of the American Recovery and Reinvestment Act of 2009. The Final Amendment will be posted on the City's website. Council action is required to approve substantial amendments to the City of Kent 2008 - 2012 CDBG Consolidated Plan for Housing and Community Development. Detail: KYFS: Watson Manor Roof Replacement/Parking Lot Repair Project $189,972 City of Kent Parks Departments: Housing & Human Services Division-Planning and Administration Activities $21,108 CITY OF KENT PARKS, RECREATION & COMMUNITY SERVICES SECOND AMENDMENT to the 2008 ONE-YEAR ACTION PLAN A. BACKGROUND 1. The American Recovery and Reinvestment Act of , (Recovery Act) was passed on February 17, 2009. This legislati iated $1 billion in Community Development Block Grant RecoVe y (CDB`G R funds to states and local governments that received funds—i fiscal year 2008. The City of Kent was awarded $211,080 in additional CDBG funds ` ., 2. Because the federal government ha`s ,classified CDBG-R fundsk- a supplemental appropriation, HUD is i-equirir� that grantees provide a substantial amendment to their Progra`rh Y� r 2008 Annual Action Plan. 3. According to the City of Kent 2008 - 2012,QDBG Consolidated Plan for Housing and Community'DoV�zl� ent, substantial amendments require Council approval. 4. The Council approved the Frrist Ame�tdt �er�t 13o the 2008 One-Year Action Plan on May 5, 2009. Althoughvthj e �rst Arri`"eiidment included allocation of CDBG-R, thq :City had not received HUD guidance on providing a substantia( ,Jpmendmerat and did��' deduct 10% out of the award for administr t;ion and p("10kning activities. Consequently, the City is �,z,l submitting this Second Art1 `ndrnont to the 2008 One-Year Action Plan to addpe:ss these isuo`s. 5 The{'City wishes to allocate $189,972 in CDBG-R funds to the Kent Youth .and Family`4S� vices (KyFS) Watson Manor Roof Replacement/Parking Lot }� Repair this is the total activity budget for this project. 6, Funds will be Used to remove and replace the roof and repair the parking lat'at WatsonzMnor, a transitional housing facility for homeless a�dole�centothers and their children. Work on this public facilities and RE improu�rnn"t project will minimize or avoid reductions in essential service' low/moderate-income mothers and their children and meet a decent housing strategy of the City of Kent 2008 - 2012 Consolidated Plan for Housing and Community Development. Objective 1 of Decent Housing Strategies is as follows: Enhance availability of decent housing for low/moderate-income residents. 7. The City will use $21,108 of CDBG-R for administration and planning activities. 8. The Recovery Act provides that jurisdictions "give priority to projects that can award contracts based on bids within 120 calendar days from the date the funds are made available to the recipients..." HUD, Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009. i 9. The KYFS Watson Manor Roof Replacement/Parking Lot Repair Project timeline projects a bid opening day of June 11, 2009, which is within the 120 day timeframe. A. H 10.In addition, the KYFS Watson Manor Roof Replacem6,n'QParking Lot Repair I Project will address the Recovery Act by creating,jq%bs and promoting economic recovery; job creation/retention is pr`oje�tted through the allocation of CDBG-R funds. 1 �T B. AMENDMENT 1. Amend the 2008 One-Year Action lan-to allow fo.r the allocation:of $211,080 CDBG-R funds. 2. Funds shall be awarded as follows: f a) Award $189,972 to KYFS Watson Mano oof Replacement /Parking Lot Repair Project: funds will be used tour j3ove and replace the roof Ag and repair the parking lo't�,at Watson Manor,4,tr>ansitionaI housing facility for homeless ado`lescent rnother&end their children.AP ` b) Award $21,108 to City of Kent Perks Department: Housing and Human Services piVision ,Funds will eF used for planning and administration activity S . ' j z �z �l 3 P Y 4:rMIRWAR,Y,-wj 01y t Fu0d s (=. CaD -.44R c)CDBG Recovy,Ac s Capital P,ro]eCts - 'ecovery Act Funds Change AtNar�ded j KYFS, Watson Manor Roof $18 972 +$189,972 I Replact7e:nt /Parking Loci; Repair Project City of Kent Parks $21,108 +$21,108 Department Housing`"& Human Services D:1 ision: Planning & Administration Total: $211,080 $211,080 ` l : Kent City Council Meeting Date June 2, 2009 Category Consent Calendar - 6D 1. SUBJECT: 2009 4CULTURE SUSTAINED SUPPORT GRANT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Sustained Support Grant Agreement from 4Culture in the amount of $17,000 for support of 2009 Kent Arts Commission programs, and approve the expenditure of funds in the Kent Arts Commission budget. 4Culture awarded the Kent Arts Commission $17,000 in Sustained Support funding through a competitive grant process. The funding will support 2009 programs, including Spotlight Series performances, Kent Kids' Arts Day, Kent 1 Summer Concert Series and two Missoula Children's Theatre residencies. 3. EXHIBITS: Grant agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: I Agreement No. 109012A Contractor's Federal Taxpayer ID No. Contractor City of Kent Arts Commission Project Title: 2009 Programs Contract Amount: $17,000.00 Fund Source: CP—Arts Sustained Support Contract Period From: 01/01/09 To: 12/31/09 AGENCY SERVICES CONTRACT 2009 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 the City of Kent Arts Commission (the "Contractor"), whose address is 220 4th Ave S. Kent, WA 98032 and telephone number is (53) 856-5055. Contractor is an art, cultural or historical organization or specialist 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 of Directors approved providing funds for this project by Motion No. 2009-05. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistanf with those defined in RCW 67.28:180 ("Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et se g. 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: AG SVC 09 Page 1 of 7 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: ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A ❑ Project Proposal and Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto as Exhibit C i ❑ Personnel Inventory (K.C.0 12.16.060A)( In combination with Attached hereto as Exhibit D 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 E (for Agreements in excess of$25,000 ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12.16,060D) [ORGANIZATIONS ONLY B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services,shall hereinafter be referred to as the "Project". C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional'materials during the period this contract is in force: Approved logos are available for download in a variety of formats at CULTURE http://www.4culture.org/partner/logos KINO COUNTY LOOOINO TAX E. 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. Il. DURATION OF CONTRACT This Agreement shall commence on January 1st, 2009 and shall terminate on December 31st, 2009. This Agreement, however, may be terminated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements 1 specified in this contract in an aggregate amount not to exceed 17 000.00. AG SVC 09 Page 2 of 7 B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more than 60 days after the.appropriate invoice is received. D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates. 'if the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by 4Culture. 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs. Photos shall have credits, caption information, and permission to publish. F. 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 of4Culture under this Agreement and any other right or remedy available to4Cuiture at law or in equity.- 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 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. 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. AG SVC 09 Page 3 of 7 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. f B. The Contractor shall provide right of access to its facilities, including by any subcontractor to I 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). VIL PROPRIETARY RIGHTS l If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article'and use any method that may be developed as part of the work under this Agreement. The foregoing license.shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. Vill. 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. IX. 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 40ulture 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. To the extent allowed by law, 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. AG SVC 09 Pa e4of7 g 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, 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. In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys' 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. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. XI. 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. AG SVC 09 Page 5 of 7 I XI[. 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. XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be I computed from the date that the.notice is received by said party. XIV. GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto: Proposed changes which are mutually,agreed upon shall be incorporated by written amendments to this Agreement. 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. 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 which j can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this,Agreement are declared severable. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. XV. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture j 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. AG SVC 09 Pa e6of7 g XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, Vill, IX, XI, XII, XIII, XIV and XV 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 A(:CVC:A9 Page 7 of 7 1 Exhibit A f SCOPE OF SERVICE City of Kent Arts Commission and 4Culture, the Cultural Development Authority of King County, mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the 4Culture Board of Directors. Support for 2009 Programs, including Spotlight Series (9 performances between January and April); Kent Kids'Art Day (March 7); Kent's Summer Concert Series (20 performances in July and August); Kent Arts (. Commission produced arts and cultural activities at Ken's annual Cornucopia Days festival (a collaboration with the Kent Lions Club,July 10-12); and two Missoula Children's Theatre residencies (March and August). Events are open and publicized to the community. AMOUNT $17,000.00 f For artist fees and program expenses: Payable upon completion,submittal of invoice and documentation regarding: • Final budget, actual • Completion of evaluation form • Final report of program activities • Programs, brochures, flyers if available PUBLIC BENEFIT Programs are accessible to a broad range of King County residents. Approximately 1,200 free tickets to Kent j Kids'Arts Day distributed to economically disadvantaged families. A variety of summer arts activities are provided free of charge, including 20 summer concerts. Complimentary and discounted tickets for many performances are distributed by local social service agencies; these tickets reach seniors, teens, disabled citizens I and ethnically diverse groups. Public and school lectures,workshops and other outreach activities are offered for free or very low cost in conjunction with performances. Scholarships for classes and residency activities are available. PUBLICITY/PROMOTION POLICY 1 Prominent acknowledgment of 4Culture/King County Lodging Tax Fund is required of all recipients for use 1 in all publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, flyers and advertisements. Please contact your 4Culture contract administrator or go to http://4culture.org//partner/index.htm to download the appropriate logo credit. i Final payment will not be made until acknowledgment is submitted on printed material 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 Liability Combined Single Limit of$1,000,000 BI &PD with a General Aggregate per project 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. No material change, or cancellation or nonrenewal of any policy required by this contract shall occur without thirty(30)days' prior written notice to 4Culture. 4. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Bests rating of no less than A:VIII, or, if not rated with Bests, with,minimum surpluses the equivalent of Bests' surplus size Vill. 5.Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s)of insurance evidencing compliance with all requirements set forth above. Kent City Council Meeting Date June 2 2009 Category Consent Calendar - 6E 1. SUBJECT: LAKE FENWICK FLOATING DOCK PROJECT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Berger/Abam Engineers, Inc. for $29,700 to complete engineering services on the Floating Dock Project at Lake Fenwick. Staff discovered that the loss of flotation and freeboard on the floating walkway and fishing float at Lake Fenwick is due to age-related deterioration of the dock. Since replacement is necessary, the plan is to replace the floating systems in the same location, with like-systems, and with the same or very similar dimensions. The current floats are anchored by abutments where they meet the shore and by anchors in the lake. The existing floating walkway has a short bridge that will be replaced. The City will prepare and obtain permits for the project. Staff recommends contracting with Berger/Abam to prepare construction documents for the demolition and replacement of the floats. 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 1 Parks, Recreation and Community Services Jeff Watling, Director Phone: 253-856-5110 400 Fax: 253-856-6050 KV.NT WASHINGTOM Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Memorandum DATE: April 14, 2009 TO: Jeff Watling, Director FROM' Garin Lee, Construction Supervisor CC: Lori Flemm, Tony Donati RE; Lake Fenwick walkway and fishing float replacement project Jeff, For your consideration, the contract with Berger/ARAM Engineers wa' fand the amount of $29,700 for consulting and design of the Lake Fenwick a al Lake fishing float replacement project. The floating walkway and fishing fl at. As an integral Fenwick park are high use, high value amenities in the Park syste rovides a loop part of the trail system at Lake Fenwick the existing walkway rest P of the park property. connection from the southern portion of the park to The walkway allows park patrons to experience Lake Fenwick from a truly unique perspec tive unlike any other in the entire Park system. The fishing float is regularly , used year round by fishermen from the local community and beyond. is on only two floating fishing structures in the Park system. to es are showing their age having Both built in the late 80's, the structures served beyond the typical lifecycle of fifteen to eighteen years. Each has failing float ation and wood walking surface in need of major repairs. Based on evaluations done by staff and contractors the recommendation to replace the structures beneifit.from structures was determined to provide the City with thehxlacement of the float reinvestment. Other options considered were full o partial replacement would allow the s stem, and full or partial replacement of the wood walkway. e uiring y eriod of years before r q walkway and fishing float to function for a P and materials available today significant repairs again—In addition the technology Memorandum: April 15, 2009 Page.: 2 with current design criteria would allow this structure to function for an estimated twenty to twenty-five years if replaced with a new structure. I Currently funded in the 2009 CIP plan, the Lake Fenwick walkway and fishing float project will start its initial steps towards completionwith approval of this contract. 4 t I I L l 1 • KENT WASHINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Berger/Abam Engineers Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berger/Abam Engineers Inc. organized under the laws of the State of Washington, located and doing business at 33301 9th Ave S #300, Federal Way, WA 98003 P: 206-431-2300, F: 206-431-2250 (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: Prepare construction documents for the demolition and replacement of the floating docks at Lake Fenwick Park in Kent, Washington as described in the consultant's proposal dated March 20, 2009 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 by July 1, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty-Nine Thousand Seven Hundred Dollars ($29,700) 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 CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 1 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. By their execution of this i Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following $ representations; A. 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. f B. The Consultant maintains and pays for its own place of business from which . Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. L_ D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. 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. j I 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) E' . 1 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 j 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. G 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 I_ 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. jIN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: 42By: (slgnatu a (signature) Print Name: R ;*&- . 02a/,n Print Name: Suzette Cooke Its Vic res>de ' Its Mayor (title) DATE: Apr•'4 2009 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Elmer W. Ozolin Garin Lee Berger/Abaco City of Kent 33301 9 Ave S #300 220 Fourth Avenue South Federal Way, WA 98003 Kent, WA 98032 206-431-2300 (telephone) (253) 856-5131 (telephone) 206-431-2250 (facsimile) (253) 856-6120 (facsimile) APPROVED AS TO FORM: Kent Law Department Lake Fenwlck Floating Dock Replacement CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to'be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will-be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. Duringthe time of the Agreement I, the rime contractor, will actively consider hiring and 9 p promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 2009. By: For: 86et-e IA Awl 9jV,* Cvf Title: V, c c P�`CS%GIE.e� Date: 3 t-41 G 2yo 9 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. i1. 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 1 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 , 2009. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 BERGER/ARAM ENGINEERS INC. PLANNING 33301 Ninth Avenue South - Suite 300 �r � � ENGINEERING Federal Way,Washington 98003.2600 BERGERIAB ,p� ENVIRONMENTAL 206/431.2300 - FAX 2061431.2250 E N G I N E E R S I N C. PROGRAM MANAGEMENT www.abam.com v„ 20 March 2009 Mr. Garin Lee Parks Maintenance Construction Crew City of Kent 5821 South 240th Street Kent,WA 98032 Subject: Proposal for Professional Engineering Services l P g g Replacement of the Floating Walkway and Fishing Float at Lake Fenwicke Dear Mr. Lee: BERGER/ABAM Engineers Inc.is pleased to be given the opportunity to assist the City of Kent in replacement of the floating walkway and fishing float on Lake Fenwicke in the City of Kent. The purpose of the project is to replace the existing deteriorated float systems with a floating walkway and fishing float of similar size in the same location. BERGER/ABAM's proposed scope of work described below is based upon your meeting with Louis Klusmeyer on 21 January 2009 at the site. SCOPE OF SERVICES The City of Kent has determined that replacement of the floating walkway and fishing float is required because of the loss of floatation and freeboard due to age-related deterioration. The intent is to replace these with similar floating systems in the same location and with the same or very similar dimensions. The existing floats are anchored by abutments where they meet the shore and by anchors in the lake: The existing floating walkway has a short bridge that may or may not be replaced in-kind. The City of Kent will prepare and obtain permits for the project and BERGER/ABAM will prepare construction documents for the demolition and replacement of the floats. Drawings for the floats will include plans to control the dimensions, overall size,location, and means of securing the floats and bridge,if desired,in position on the lake. They will also include sufficient detail to control the level of quality desired for the float system. Figures suitable for permit submittals will be provided upon request. Performance specifications for the float system will be provided to allow different float designers and manufacturers to propose their proprietary system to obtain a lower cost system. Technical specifications for other items, such as demolition and any grading or other work,will be provided. Bid period and construction support services are not included at this time. We anticipate providing an estimate for those services at the time of bidding. • Mr. Garin Lee 20 March 2009 Page 2 We understand that neither geotechnical,bathymetric,nor topographic information is available for the site. We do not anticipate that geotechnical information will be required for this project and have not included any costs for obtaining it. We understand that the City of Kent will provide the following. ■ A topographic survey of the surrounding area and soundings of the lake at the perimeter of the existing floats to provide water depths(bathymetry) for the lake ■ Front end,Division 0, and Division 1 specifications in electronic form for incorporation into the bid package ■ Temporary erosion and sedimentation control notes and details on a drawing sheet(s) for insertion in the plan set SCHEDULE We propose to provide submittals at 60 and 90 percent and bid ready levels of completion,and estimate that the 60 percent submittal can be provided within 4 weeks of a notice to proceed and receipt of the survey information. The 90 percent submittal can be provided within 3 weeks of receipt of the City's 60 percent comments, and the bid ready submittal can be provided with 1 week of receipt of the City's 90 percent comments. FEE ESTIMATE We propose to perform the work on a time-and-materials basis for an estimated fee of$29,700 (Twenty-Nine Thousand Seven Hundred Dollars). Our detailed estimate and billing rates for engineering services are as shown on the attached Staff Hour Summary,and BERGER/ABAM's Standard Time and Expense Charges are also attached. We will not exceed the above authorized amount without your prior approval. CLOSING We look forward to working with you on this project. Please call me at 2006/431-2300 if you should have any questions regarding this proposal. Sincerely, &,(//`+�• 0 4 Elmer W.Ozolin Vice President EWO:LAK:Ilt Attachments Staff Hour Summary BERGER/ABAM Standard Time and Expense Charges i City of Kent Parks,Recreation&Community Services 't Replacement of floating walkay on Lake Fenwicke BERGER/ABAM ENGINEERS I NO. BERGER/ABAM-STAFF HOUR SUMMARY Date:20 March 2009 Project Protect Assoc. Tech/ Manager Engineer Engineer Planner Drafter Admin/wP Item $154 $140 $120 $77 $90 $81 Totals Project Management Contract Administration 4 2 $778 Quality Assurance/Qualfty Control 12 1 $1,929 Design and Construction Documents Coordination with surveyors 4 $616 Coordination with City 4 4 $1,096 Develop Basis of Design(codes and loads) 4 12 $2,056 Drawings Cover Sheet/Drawing Index 2 4 8 $1,508 TESC Notes and Details from City) 2 2 $420 General Notes and Site Plan 4 8 16 $3,016 Demolition Plan&Notes 4 8 12 $2,656 Float Plans and Elevation 4 16 16 $3,976 Float and Abutment Details 4 16 24 $4,696 Specifications(Technical Only) 8 26 4 $4,676 Cost Estimate 2 12 $1,748 Environmental Permits and Forms(To be done by City of Kent JARPA SEPA Checklist Shorelines Exemption Total Hours: 56 108 78 7 249 Labor Cost: $8,624 $12,960 $7,020 $587 $29,171 (Note: Labor rates Include overhead+profit) Subtotal Labor $8,624 $12,960 $7,020 $567 $29,171 Expenses Sub-Consultants Subtotal: 8%Markup: Other Expenses: Total Sub-Consultants: Reproduction 4 $25/Each $100 FedEx 4 $25/Each $100 Local Travel-20 miles/ea way 120 $0.550/Mlle $66 Field Equlpment/Ex enses 2 $100/Da $200 Subtotal: $466 10%Markup: $47 Total Expenses: $513 Subtotal Expenses and markup: $513 TOTAL COSTI $29,684 Say, $29,700 E'1'ERGEIR./Kt7iA Wt EN01 N E E0$ 1 N C. �Jf STANDARD TIME AND EXPENSE CHARGES Subject to BERGER/ABAM's Standard Terms and Conditions I Hourly Personnel Categories Billing Rates(1) Project Manager/Senior Specialist (Grades VII through IX) ....................................................................................... $160-$375 Project Engineer(Grades V and VI) .......................................... $120-$170 SeniorEngineer(Grade IV) ................................................................................ $105 -$130 Design.Engineer Grades I tlt-ou h III u Scientists,Planners, and Environmental Specialists ....................:.................. $75 -$180 Technician/Drafter/Production Engineer ......................................................... $75 -$165 Project Administration and Technical Support ......................................1........ $50-$165 4 Daily Underwater Inspection Billing Rates Crew,Three Persons(including dive equipment except as noted below) ......... $4,800(2)(3) Crew, Four Persons (including dive equipment except as noted below) ........... $5,600c2>(4) UnderwaterCamera ................................................................................................... $55 Ultrasonic Thickness Gauge ...................................................................................... $55 Daily Work Boats Billing Rates 21-Foot Dive Boat and Motor ............................................................................. $250 WorkSkiff and Motor ......................................................................................... $125 l_ Canoe .............................................:....................................................................... $75 r Project-Related Expenses Amount Reimbursable Expenses ............................................................:......................... Cost Plus 10% Computer/CADD ................................................................................................. Use Rate Plus 10% Subconsultants/Subcontractors .......................................................................... Cost Plus 10% (1) Billing rates are adjusted annually effective 1 July based on individual salary increases. (2) Mobilization/demobilization and report preparation are considered separately and are performed at our standard rates. I (3) Surface-supplied air. I (4) Based on OSHA requirements for SCUBA. Revised 2 January 2009 EXIHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBITI B (Continued ) 1. Automobile Liability insurance with a minimum combined I single limit for bodily injury and property damage of $1,000,000 per accident. � 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following r provisions for Automobile Liability and Commercial General Liability Insurance 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool.coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to'receive a certified copy of all required insurance i policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with ' respects to the limits of the insurer's liability. D. Acceptability of Insurers I Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the EXHIBIT B (Continued � additional insured endorsement, evidencing the'insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. IS BER50325 ACORD. CERTIFICATE OF LIABILITY INSURANCE DAT4/8/2D/YYYY) rs/zoo9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial Lines-(206)701-5000 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wells Fargo Insurance Services; CA Lie.#0531007 HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 91143 Seattle,WA 98111 INSURERS AFFORDING COVERAGE NAIC# INSURED Berger/Abam Engineers,Inc. INSURERA: OneBeacon Insurance Company 21970 33301 9th Ave S. INSURER B: Lexington Insurance Company 19437 INSURER C: INSURER 0: Federal Way,WA 98003 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DD POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MM OD/YY A GENERAL LIABILITY 710019458 05/01/08 05/01/09 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAEMISMAG FTO R oNcTI D ce $ 500,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 10,000 X WA Stop Gap PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/PP AGG $ 2,000,000 PRO• POLICY JECT LOG X Employees Liability 1,000,000 { 1I A AUTOMOBILE LIABILITY 710019458 05/01/08 05/01/09 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS rX HIRED AUTOS BODILY IN JURY $$ X NON-OWNED AUTOS PROPERTY DAMAGE $ rl (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATUS OEH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below OTHER B Professional Liability 2/5 7878156 07/01/08 07/01/09 $2,000,000 Each Claim/$5,000,000 Agg $225,000 Dad per claim. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE:SAWAT09164.CITY OF KENT DEMOLITION AND REPLACEMENT OF FLOATING DOCKS AT LAKE FENWICK PARK IN KENT,WASHINGTON PROJECT. CITY OF KENT IS PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED UNDER GENERAL LIABILITY AND ADDITIONAL INSURED UNDER AUTOMOBILE LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED PER THE ATTACHED COVERAGE FORM.AGGREGATE LIMITS OF INSURANCE PER PROJECT APPLIES PER ATTACHED FORM.SEPARATION OF INSUREDS CLAUSE j APPLIES. DJT CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Kent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn:Tony Donati,Parks and Open Space IMPOSE NO OBLIGATION OR LIABILITY of ANY KIND UPON THE INSURER,ITS AGENTS OR 220 4th Avenue South REPRESENTATIVES. Kent,WA 98032-5895 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 486406r� © ACORD CORPORATION 1988 This certificate replaces certificate#486406 issued on 4/8/2009 COMMERCIAL AUTO POLICY NUMBER: 710019458 ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s)or Organization(s): City of Kent Attn:Tony Donati,Parks and Open Space 220 4th Avenue South Kent,WA 98032-5895 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured Provision contained in Section it of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office,Inc., 1998 Page 1 of 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). l DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. j I I I `1 ACORD 25-S(2001/08) 2 of 2 #S915260/M915043 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VANTAGE FOR GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured-Broad Form Vendors 8. Broadened Property Damage Rented Premises 2. Additional Insured—by Contract,Agreement or 9. Coverage Territory—Worldwide Permit relating to: 10. Duties in Event of Occurrence,Claim or Suit o Work performed by you 11, Expected or Intended Injury(PD) o Premises you own, rent, lease or occupy 12. Incidental Medical Malpractice o Equipment you lease 13. Medical Payments 3. Aggregate Limit Per Location 14. Mobile Equipment Redefined 4. Blanket Waiver of Subrogation 16. Newly Acquired or Formed Organizations 5, Bodily Injury Redefined-Mental Anguish 16. Non-Owned Aircraft 6. Broadened Named insured 17. Non-Owned Watercraft 7. Broadened Property Damage 18. Personal and Advertising Injury o Borrowed Equipment 19. Product Recall Expense o Customers'Goods 20. Supplementary Payments Increased Limits o Use of Elevators 1. ADDITIONAL INSURED-BROAD FORM VENDORS Section 11—Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to "bodily injury" or"property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: a. This provision 1.does not apply to: (1) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging,except when unpacked solely for the purpose of inspection, demonstration,testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which,after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4.or 6.; or (b) Such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally un- dettakes to make in the usual course of business,in connection with the distribution or sale of the prod- ucts. VCG 206 02 05 Includes copyrighted material of Insurance Services Office,Inc. Page 1 of 7 Copyright 2604,One Beacon insurance Group PRODUCER (9) Any person or organization if the "products-completed operations hazard" is excluded either by the pro- visions of the Coverage Form or by endorsement. I b. This insurance does not apply to any insured person or organization, from whom you have acquired such I products,or any ingredient, part or container, entering into,accompanying or containing such products. 2. ADDITIONAL INSURED--CONTRACT,AGREEMENT OR PERMIT a. Section II•-Who Is An Insured is amended to include as an additional insured any person(s) or organiza- tions) with whom you agreed in a written contract, wrlften agreement,or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for"bodily injury", "property dam- age"or"personal and advertising injury"caused, In whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of"your work"for the additional insureds) at the location designated in the contract, agreement or permit; or , 2. In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s), or 3. in connection with premises you own, rent,lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract;agreement or permit. b. The insurance provided to the additional insured herein is limited.This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term _ of this policy;and (b) the contract or agreement was executed or permit issued prior to the"bodily injury","property dam- age", or"personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured •-Broad Form Ven- dors provision of this endorsement; 3. To any person or organization Included as an insured by an endorsement issued by us and made part of this Coverage Part; I 4. To any person or organization if the "bodily injury", "property damage", or"personal and advertising in- jury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,-field orders,change orders or drawings and specifications;or (b) Supervisory, inspection, architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease expires;or (b) Owners or other Interests from whom land has been leased;or (c) Managers or lessors of premises if: (1) The"occurrence"takes place after you cease to be a tenant in that premises;or (2) The"bodily injury", "property damage", "personal and advertising injury"arises out of structural alterations, new construction or demolition operations performed by or on behalf of the man- ager or lessor. 6. To"bodily injury, or"property damage"occurring after: (a) All work on the project (other than service, maintenance or repairs) to be performed by or on be- half of the additional insured at the site of the covered operations has been completed; or (b) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. c. Limits of Insurance applicable to the additional Insured are those specified in the contract, agreement or permit or in the Declarations of this policy,whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; Page 2 of 7 Includes copyrighted material of Insurance ser\dces office,Inc. VCG 205 02 05 Copyright 2004,OneBeacon Insurance Group 2, Claims made or"suits" brought;or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are Inclusive of and not in addition to the Limits of Insurance shown in the Decla- rations. 3. AGGREGATE.LIMIT PER LOCATION a. Under Section iII, Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations"owned by or rented or leased to you, b, Under Section V—Definitions,the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is in- terrupted only by a street,roadway,waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section iV-Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products-completed operations hazard", This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury"or"property damage",that requires you to waive your rights of recovery, S. BODILY INJURY REDEFINED—MENTAL ANGUISH Under Section V the definition of"bodily injury"is replaced by the following: "Bodily Injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 6. BROADENED NAMED INSURED Section Il-Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 18011 day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE — 13ORRpWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for"property damage"liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you.borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss, 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care,custody or control of the insured; and (c) That particular part of any property that must be restored , repaired or replaced because "your work"was incorrectly performed on it do not apply to "property damage"to "customers' goods"while on your premises nor do they apply to "property damage"arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods"is$25,000 per"occurrence". b. Under Section V—Definitions,the following definition is added: "Customers' Goods"means goods of your customer on your premises for the purpose of being: 1. Repaired,or 2. Used in your manufacturing process. c. The Insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or VCG 205 02 05 Includes copyrighted material of Insurance Services Office,Inc. Page 3 of 7 Copyright 2001,OneSeacon Insurance Group i i on any other basis. Any payments by us will follow the Other insurance — Excess provisions in the COM- MERCIAL GENERAL LIABILITY CONDITIONS. S. BROADENED PROPERTY DAMAGE—RENTED PREMISES a, in the Damage To Property exclusion under Section I Coverage A,the exclusion for"property damage"to: Property you own, rent or occupy; i does not apply to real roe you rent of temporarily occupy with permission of the owner, PpY property dYY P Y PY b. In Section IIi—Limits Of Insurance,the Damage To Premises Rented To You Limit Is amended as follows: Subject to the Each Occurrence Limit, $500,000 is the most we will pay under Coverage A for damages because of"property damage" to any one premises while rented to you or occupied by you with permission of the owner. If any amount other than $500,000 Is shown in the Declarations as the Damage To Premises Rented To You Limit,the amount shown in the Declarations will replace$500,000 as the Limit of Insurance provided for this coverage. c. The Insurance afforded by this Provision 8.is excess over any other valid and collectible property Insurance (including any deductible) available to the Insured whether such insurance is primary, excess, contingent or on any other basis.Any payments by us will follow the Other Insurance—Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. COVERAGE TERRITORY—WORLDWIDE The definition of"coverage territory"is replaced by the following: "Coverage territory" means anywhere. However, the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada. Ii 10. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT Section IV Duties in The Event Of Occurrence,Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must I` 1.. notify us of an"occurrence"offense,claim or"suit"and 2. send us documents concerning a claim or"suit" j apply only when such"accident"claim, "suit"or"loss"is known to: 1. You, if you are an individual; 2. A partner, If you are a partnership; 3. An executive officer of the corporation or insurance manager,if you are a corporation;or 4. A manager,If you are a limited liability company, i b. The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report an 'occurrence"to your workers compensation insurer which later develops Into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular"occurrence"is a liability claim rather than a workers compensa- tion claim,you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condi- tion. 11. EXPECTED OR INTENDED INJURY(PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and property Damage Is replaced by: "Bodily Injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable farce to protect persons or property. 12. INCIDENTAL MEDICAL MALPRACTICE—EMPLOYED PHYSICIANS,NURSES, EMT'S AND PARAMEDICS a. Under Section 11—Who Is An Insured the paragraph that excludes an employee or volunteer worker as in- sured for "bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services does not apply to a physician,dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical,surgical,dental,x-ray or nursing services, I i Page 4 of 7 Includes copyrighted material of Insurance Services Office,Inc. VCG 206 02 06 Copyright 2004,OneBeacon insurance Group b, The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance—Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 13. MEDICAL PAYMENTS-INCREASED LIMITS AND TIME PERIOD a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are in- curred and reported to us within one year of the date of the accident is changed to three years. b. The Medical Expense Limit is$10,000 per person or the amount shown in the Declarations as the Medical Expense Limit,whichever is greater. c. This provision 13. does not apply if Coverage C - Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. 14, MOBILE EQUIPMENT - SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the"mobile equipment"definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered"mobile equipment": a. Snow removal; lb, Road maintenance, but not construction or resurfacing;or c. Street cleaning. 15. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section li-Who Is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provlsiori Is afforded only until the end of the current policy period. 16. NON-OWNED AIRCRAFT a. The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired,chartered or loaned with a paid crew;and 2. Not owned by any insured. b. The insurance afforded by this provision 16, is excess over any other valid and collectible Insurance (including any deductible or Self Insured Retention) available to the Insured,whether such insurance is pri- mary, excess, contingent or on any other basis, Any payments by us Will follow the Other Insurance - Ex- cess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. NON-OWNED WATERCRAFT a. Section II -Who Is An Insured Is amended to include as an insured for any watercraft that is covered by this policy,any person who,with your expressed or implied consent,either uses or is responsible for the use of a watercraft, However, no person or organization is an insured with respect to: 1. "Bodily injury"to a co-`'employee"of the person operating the watercraft;or 2. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the em- ployer of any person who is an Insured under this provision. b. In the exception to the Aircraft,Auto Or Watercraft exclusion under Coverage A Bodily Injury And Prop- erty Damage Liability,the limitation on the length of a watercraft is increased to 51 feet. c. The insurance afforded by this provision 17. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the insured,whether such insurance is pri- mary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Ex-: cess Insurance provisions In the COMMERCIAL GENERAL LIABILITY CONDITIONS. 18. PERSONAL,AND ADVERTISING INJURY The following is added to the definition of"personal and advertising injury": Discrimination because of race, color, creed, national origin, age, sex or physical disability, where insurance therefore is not prohibited by law, but only if such discrimination is: VCG 205 02 05 Includes copyrighted material of Insurance services Office,Inc. Page 5 of 7 Copyright 2004,OneBeacon Insurance Group a. not done Intentionally by or at the direction of: (1) the insured;or (2) any executive officer,director,stockholder,partner or member of the insured staff; and b. not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. The insurance afforded under this provision does not apply to fines or penalties, or that portion of any award or judgment caused by trebling or multiplication of actual damages under state or federal law. This provision does not apply if Coverage B r Personal and Advertising Injury Liability is otherwise excluded either by the provisions of this Coverage Form or by any endorsement. I 19. PRODUCT RECALL EXPENSE a. With respect to this Provision 19., the Recall Of Products, Work Or impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. b. The following Is added to Section Ill-Limits Of Insurance section: 1. The Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls"initiated;or (c) Number of"your products" recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses"Incurred for all"covered recalls"initiated during the policy period. 3. Subject to 2.above,the Each Product Recall Limit Is the most we will reimburse you for the sum of all "product recall expenses"arising out of any one"covered recall"for the same defect or deficiency. Products Recall Schedule Limits of Insurance Product Recall Aggregate $50,000 Limit Each Product Recall Limit $25,000 The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of Mess than 12 months,starting with the beginning of the policy period shown in the Decla- rations,.unless the policy period Is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of de- termining the Limits of Insurance. c. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV-Conditions: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense 1. Give us prompt notice of any discovery or notification that"your product" must be withdrawn or recalled. In- clude a description of"your product"and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss underthis insurance; 3. As often as may be reasonably required, permit us to inspect"your product"that demonstrates the need for the"covered recall"and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of"your products" for Inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request.We will supply you with the necessary forms;and 5. Permit us to examine any insured under oath, while not in the presence of any other insured and at such times as may reasonably be required,about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination,an€nsured's answers must be signed. Page 5 of 7 Includes copyrighted material of Insurance Services Office,Inc. VCG 206 02 06 Copyright M,OneBeacon Insurance Group d. The following definitions are added to the Definitions Section: 1. "Covered recall" means a recall made necessary because the insured or a government body has deter- mined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" has resulted in or will result in "bodily injury"or"property damage". 2. "Product Recall Expense"means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling "Your product". (1) For communications, including radio or television announcements or printed advertisements including stationery,envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular"employees"for necessary overtime; (4) For hiring additional persons,other than your regular"employees'; (5) Incurred by"employees",including transportation and accommodations; (6) To rent additional warehouse or storage space;or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage"as a result of such disposal,but "product recall expenses"does not include costs of regaining your market share,goodwill, revenue or profit. (b) "Product Recall Expense"does not include any expenses resulting from: (1) Failure of any product to accomplish its Intended purpose; (2) Breach of warranties of fitness,quality,durability or performance; (3) Loss of customer approval,or any cost incurred to regain customer approval; (4) Redistribution or replacement of"your product"which has been recalled by like products or substi- tutes; (5) Caprice or whim of the insured; (6) A condition likely to cause toss of which any insured knew or had reason to know at the inception of this Insurance; and (7) Recall of"your products"that have no known or suspected defect solely because a known or sus- pected defect in another of"your products"has been found 20. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS In the SUPPLEMENTARY PAYMENTS-Coverages A and E provision: . a. The limit for the cost of bail bonds is amended to $2,500;and b. The limit for reasonable expenses incurred by the "insured"is amended to$500 a day. VC©206 02 06 Includes copyrighted material of Insurance Services office,Inc. Page 7 of 7 Copyright2004,OneBeacon Insurance Group Kent City Council Meeting Date June 2, 2009 Category Consent Calendar - 6F 1. SUBJECT: DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT REIMBURSEMENT GRANT AGREEMENT FOR CLARK LAKE PARK - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the grant agreement ' with the Department of Community, Trade, and Economic Development for $217,809 to reimburse the Clark Lake land acquisition budget. Staff submitted a grant request to acquire two parcels of land at Clark Lake Park to the Department of Community, Trade, and Economic Development in June, 2003 and the contract was signed on July 8, 2003. The first parcel was acquired 1 in 2004, and reimbursement has been received. The second parcel was acquired in 2007. However, the contract expired before the reimbursement request was processed, and a new contract needs to be signed before reimbursement can be made. This grant request was approved by the Department of Community, Trade, and Economic Development on April 3, 2009. The $217,809 in funds awarded under this contract will be used for the reimbursement of the 2007 land ' acquisition (Dr. Melvin Lake rental property acquisition at Clark Lake). 3. EXHIBITS: Grant agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds iDISCUSSION: ACTION: Washington State Department of Community, Trade, and Economic Development Local Government Division Community Development Programs Unit Capital Programs CONTRACT FACE SHEET 1. GRANTEE NAME/ADDRESS: 2. CONTRACT NUMBER: 3. CONTRACT AMOUNT: City of Kent 220 4th Avenue S O4-96100-009 $217,809.00 Kent,WA 98032 4. GRANTEE CONTACT PERSON, NAME/TITLE, PHONE: 5. CDBG STAFF CONTACT, NAME: Lori Flemm Emily Hafford (253)856-5100 6. DATE APPLICATION SUBMITTED: 7. CONTRACT START DATE: 8. CONTRACT END DATE: N/A 6/30/2011 9. FUNDING AUTHORITY: Washington State Department of Community, Trade and Economic Development (hereinafter known as the "DEPARTMENT") 10. STATE AND FEDERAL"BARS"CODE: 11. CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA): N/A N/A 12. SERVICE AREA: 13. COUNTIES: 14. NUMBER OF PAGES IN (BY LEGISLATIVE DISTRICT): 33 CONTRACT DOCUMENT: King 16 15: TIN: 16. SUBRECIPIENT OR PARTICIPATING ENTITIES: 91-60QI 254 17. PURPOSE FOR AWARDED FUNDS: Funds awarded under this contract will be used for the property acquisition of parcel number 212205-9153 for the Clark Lake Park project. This parcel consists of 0.34 acres. Acquisition was completed on July 31,2007. The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have executed this CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are governed by this CONTRACT and the following other documents incorporated by reference,where applicable: CONTRACT Terms and Conditions Including Attachment"A"Project Budget,Attachment"B"Certlflcation of the Availability of Funds to Complete the Project,Attachment"C"Project Scope of Work,Attachment"D"Certification of the Payment and Reporting of Prevailing Wages,Attachment"E"Certification of Intent to Enter the Leadership in Energy and Environmental Design(LEED)Certification Process. FOR THE DEPARTMENT: FOR THE GRANTEE: Karen J. Larkin, Assistant Director Local Government Division Suzette Cooke Mayor DATE: City of Kent APPROVED AS TO FORM: DATE: Assistant Attorney General DATE: �D . STATE OF WASHINGTON DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT LOCAL AND COMMUNITY PROJECTS PROGRAM CAPITAL CONTRACT NUMBER 04-96100-009 THIS CONTRACT, entered into by and between the City of Kent(a unit of local government hereinafter referred to as the CONTRACTOR), and the Washington State Department of Community,Trade and Economic Development(hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS,the DEPARTMENT has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments,businesses, and community-based organizations; and WHEREAS,the DEPARTMENT is also given the responsibility to administer state funds and programs which are assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS,the Washington State Legislature has, in Laws of 2003,First Special Session,.Chapter 26, Section 151,Laws of 2005, Chapter 488, Section i30, and Laws of 2007, Chapter 520, Section 1011,made an appropriation and two reappropriations to support the Local and Community Projects Program, and directed the DEPARTMENT to administer those funds; and WHEREAS,the enabling legislation also stipulates that the CONTRACTOR is eligible to. receive funding for acquisition, construction, or rehabilitation(a venture hereinafter referred to as the"Project"). NOW, THEREFORE, in consideration of covenants, conditions,performances, and promises hereinafter contained,the parties hereto agree as follows: 1. FUNDING The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to exceed$217,809.00. The DEPARTMENT has retained the amount of$0.00 for costs directly associated with managing the completion of this contract. . 1 2. SERVICE PROVISIONS a) Funds awarded under this contract shall be used solely and specifically for capital construction costs associated with Clark Lake Park, as contemplated in Laws of 2003, First Special Session, Chapter 26, Section 151. b) The CONTRACTOR shall perform in accordance with the terms and conditions j of this contract and the following attachments which, by this reference, are made a part of this contract: ATTACHMENT A(Project Budget) ATTACHMENT B (Certification of the Availability of Funds to Complete the Project) ATTACHMENT C (Project Scope of Work) ATTACHMENT D (Certification of the Payment and Reporting of Prevailing Wages) ATTACHMENT E(Certification of Intent to Enter the Leadership in Energy and Environmental Design Certification Process) 3. SPECIAL CONDITIONS) None, 4. CONTRACT-PERIOD a) The effective date of this contract shall be the date of the last signature of the f contracting parties. b) Unless terminated earlier pursuant to Section 9, 12, or 29,hereof, the termination date shall be June 30, 2011. 5. CERTIFICATION OF FUNDS a) The release of state funds under this contract is contingent upon the CONTRACTOR certifying that it has expended or has access to fiends from non- state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this contract. ii)• Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. 2 f v) Pledges from individual donors. vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal Performed by a licensed,professional.real estate appraiser, or a current property tax statement. The DEPARTMENT will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fluid credit. vii) In-kind contributions, subject to the DEPARTMENT'S approval. b) The CONTRACTOR shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for the DEPARTMENT'S review upon reasonable request, 6. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The CONTRACTOR may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: a) Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; b) Design, engineering, architectural, and planning; cj Construction management and observation(from external sources only); d) Construction costs including,but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. 7. REIMBURSEMENT PROVISIONS a) Payments to the CONTRACTOR shall be made on a reimbursement basis only. For the purposes of this contract, reimbursement shall be construed to mean costs incurred and paid, or costs incurred and payable within thirty (30)days, 3 1_ b) The DEPARTMENT shall reimburse the CONTRACTOR for one-hundred S percent(100%) of eligible Project expenditures,up to the maximum payable under this contract. When requesting reimbursement for costs incurred or expenditures made,the CONTRACTOR shall submit to the DEPARTMENT a signed and completed Invoice Voucher(Form A 19), referencing the Project activity performed, and any appropriate documentation. The voucher must be certified by an official of the CONTRACTOR with authority to bind the CONTRACTOR. The final voucher shall be submitted.to the DEPARTMENT within fifteen(15) days following the completion of work or other termination of this contract. c) Each request for payment must be accompanied by a Project Status Report,which l describes, in narrative form,the progress made on the Project since the last j invoice was submitted, as well as a report of Project status to date. The f DEPARTMENT will not release payment for any reimbursement request received, unless and until the Project Status Report is received. { d) After approving the Invoice Voucher and Project Status Report,the DEPARTMENT shall promptly remit a warrant to the CONTRACTOR. e) The CONTRACTOR shall not submit invoices more than once monthly. I ; 8. EVALUATION AND MONITORING a) The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract, including periodic site inspections. b) The CONTRACTOR shall provide the DEPARTMENT with photographs, either hard copy or electronically,which depict visually the progress made on the Project. Such photographs shall be submitted to the DEPARTMENT at the inception of the Project, upon 50 percent of completion, and upon completion, as applicable. c) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials,payrolls, and records of matters covered by this contract. Such rights last for six (6)years from the date final payment is made hereunder. 4 I 9. NONDISCRIMINATION PROVISION a) During the performance of this contract,the CONTRACTOR shall abide by all applicable federal and state nondiscrimination laws and regulations, including,but not limited to Chapter 49.60 RCW(Washington's Law Against Discrimination) and 42 U.S.C. 12101 et: seq. (the Americans With Disabilities Act [ADQ. b) The CONTRACTOR shall make the Project facilities available to the public in a manner that assures fair, equal, and non-discriminatory treatment to all persons without regard to rage,color,religion, sex, age, or-national origin. No person shall-be refused service,be given discriminatory treatment, be denied any privilege, use of facilities, or participation in activities on account of race,color, religion, sex, or the presence of a sensory,mental, or physical handicap, or be required to participate in any religious.worship, exercise or instruction. The funds provided under this contract shall not be used to fund religious worship, exercise, or instruction. c) In the event of the CONTRACTOR'S noncompliance or refusal to comply with any.nondiscrimination law, regulation, or policy,this contract may be rescinded, canceled, or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the DEPARTMENT. The CONTRACTOR shall,however,be given a reasonable time in which to remedy any such noncompliance. Any dispute may be resolved in accordance with the "Disputes"procedure set forth in Section 23 of this contract. 10. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time; desire to make changes to this contract. Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment. It is mutually agreed and understood that, except for the budget modifications described in Section 11 of this contract,no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein shall not be binding. 11. MODIFICATIONS TO THE PROJECT BUDGET a) Notwithstanding any other provision of this contract,the CONTRACTOR may, at its discretion,make modifications not to exceed fifteen percent(15%) of each line item in the Project Budget(Attachment A), hereof. . 5 i b) The CONTRACTOR shall notify the DEPARTMENT in writing when malting any budget modification or modifications that would exceed fifteen percent(15%) of any budget line item. Any such request shall require the written approval of the DEPARTMENT, and any such modifications shall be made in writing and signed by both parties, and attached to the Project Budget(Attachment A),hereof. c) Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 1 of this contract. 12. TERMINATION OF CONTRACT a) If, through any cause,the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements or stipulations of this contract,the DEPARTMENT shall thereupon have.the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after the DEPARTMENT'S submitting written notice to the CONTRACTOR describing such default or violation;Provided,that if more than twenty(20) days are required to correct any such default or violation and the CONTRACTOR has initiated appropriate corrective measures as reasonably determined by the DEPARTMENT,the DEPARTMENT will not terminate this CONTRACT for such default or violation. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing the other party with written notice of such termination, specifying the effective date thereof; at least thirty (30) days prior to such date. c) In the event this contract is terminated,the CONTRACTOR shall be reimbursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably determines. d) In the event funds are not reappropriated for this Project in the 2009 -2011 biennial budget, this contract shall terminate on June 30, 2009. ` 13. SPECIAL PROVISION I The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract 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 contract. . 6 14. HOLD HARMLESS a) It is understood and agreed that this contract is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this contract. Each party hereto agrees'to be responsible and assume liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify,.defend, and hold the other party harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this contract. Each contract for services or activities utilizing funds provided in whole or in part by this contract shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms ofthe contracts. c) The CONTRACTOR shall defend,indemnify and save the DEPARTMENT, its officers, and employees harmless, from and against any and all claims, including reasonable attorney fees, made by the CONTRACTOR, its subcontractors,their employees and subcontractors, and any other persons,relating to the payment or- reporting of prevailing wages under RCW 39.04 or RCW 39.12. 15. RECAPTURE PROVISION In the event that the CONTRACTOR fails to expend state funds in accordance with state law and/or the provisions of this contract,the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance, Repayment by the CONTRACTOR of state funds under this recapture provision shall occur within thirty(30) days of demand. In the event that the DEPARTMENT is required to institute proceedings to enforce this recapture provision,the DEPARTMENT shall be entitled to its cost thereof, including reasonable attorney's fees. 16. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this contract. This provision does not extend to claims that the DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in violation of this contract. 7 17. RELATIONSHIP BETWEEN THE PARTIES The CONTRACTOR and its employees or agents performing under this contract are not deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in any manner whatsoever,nor will they hold themselves out as nor claim to be officers or employees of the DEPARTMENT or of the state of Washington hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the state of Washington. 18. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance.with, and the validity, and performance hereof shall be governed by,the laws of the state of Washington. Venue of airy action at law between the parties arising out of this contract shall be the superior court of Thurston County, Washington. 19. SEVERA BILITY In the event any term or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract that can be given effect without'the invalid term, condition, or application. To this end the terms and conditions of this contract are declared severable, 20. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period,the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of the DEPARTMENT, and shall meet and renegotiate the contract accordingly. 21. ENTIRE AGREEMENT This contract and all attachments hereto contain all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties hereto. 22. SIGNAGE, MARKERS AND PUBLICATIONS f If,during the period covered by this contract, the CONTRACTOR displays or circulates any communication,publication,or donor recognition identifying the financial participants in the Project, any such communication or publication must identify"The State of.Washington" as a participant, 8 ' I 23, DISPUTES Except as otherwise provided in this contract,when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either parry may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute, The dispute resolution team shall consist of a representative appointed by the' DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party mutually agreed upon by both parties. The dispute resolution team shall attempt,by majority vote,to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial setting. 24. REGULATION COMPLIANCE The CONTRACTOR shall be responsible for obtaining all necessary licenses and. permits, and for complying•with any federal, state and municipal laws, codes, and regulations applicable to the project funded by this contract, 25. PREVAILING WAGE.LAW The Project funded under this contract may be subject to state prevailing wage law (Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. The DEPARTMENT is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 26. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR-OWNED PROPERTY a) The CONTRACTOR understands and agrees that any and all real property or facilities owned by the CONTRACTOR that are acquired, constructed, or otherwise improved by the CONTRACTOR using state funds under this contract shall be held and used by the CONTRACTOR for the purpose or purposes stated elsewhere in this contract for a period,of at least ten(10)years from the date the final payment is made hereunder. b) This provision shall not be construed to prohibit the CONTRACTOR from selling any property or properties described in this section; Provided, that any such.sale shall be subject to prior review and approval by the DEPARTMENT, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than.the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. c) In the event the CONTRACTOR is found to be out of compliance with this section,the CONTRACTOR shall repay to the state general fund the principal amount'of the grant as stated in Section 1, hereof,plus interest calculated at the 9 rate of interest on state of Washington general obligation bonds issued most . closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 15 (Recapture I provision): rr 27. CHANGE OF USE FOR LEASED PROPERTY a) The CONTRACTOR understands and agrees that any facility leased by the CONTRACTOR that is constructed, renovated, or otherwise improved using state funds under this contract shall be used by the CONTRACTOR for the purpose or purposes stated elsewhere in this contract for a period of at least ten(10)years from the date the final payment is made hereunder. b) In the event the CONTRACTOR is found to be out of compliance with this section, the CONTRACTOR shall repay to the state general fund the principal amount of the grant as stated in Section 1,hereof,plus interest calculated at the rate of interest on state of Washington general obligation bonds issued-most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 15 (Recapture Provision). 28. HISTORICAL AND CULTURAL ARTIFACTS In the event that historical or cultural artifacts are discovered at the Project site during construction,the CONTRACTOR shall immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Washington State Department of Archaeology and Historic Preservation. 29. REAPPROPRIATION a) The parties hereto understand and agree that any state funds not expended by June 30, 2009, will lapse on that date unless specifically reappropriated by the 1 Washington State Legislature. If funds are so reappropriated,the state's obligation under the terms of this contract shall be contingent upon the terms of such l reappropriation. l b) In the event any funds awarded under this contract are reappropriated for use in a future biennium, the DEPARTMENT reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 10 30. SURVIVAL a) The terms and conditions contained in this contract that,by their sense and context are intended to survive the termination of this contract, including Sections 14 (Hold Harmless), 15 (Recapture Provision), 18 (Governing Law and Venue), 22 (Signage,'Markers and Publications),23 (Disputes), 26 (Change of Ownership or Use for Contractor-Owned Property) and 27 (Change of Use for Leased Property), shall so survive. 31. ADMINISTRATION ' a) The CONTRACTOR'S representative shall be Lori Flemm. b) The DEPARTMENT'S representative shall be Daniel Aarthun. (Rest of page left blank intentionally) 11 I ATTACHMENT A PROJECT BUDGET Line Item Amount Architecture&Engineering $910,628.46 Site Acquisition $0.00 Construction $0..00 Capitalized Equipment $0.00 Contingency $0.00 Other $0.00 Total Contracted Amount: $910 628.46 The CONTRACTOR,by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the CONTRACTOR'S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR TITLE DATE . I 12 ATTACHMENT B CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT Non-State Funds Amount Total City of Kent $392,819.46 King County Conservation Futures Funds $300,000.00 Total Non-State Funds. $692,819.46 $692,819.46 State Funds 2007-2009 State Capital Budget $217,809.00 $217,809.00 Total Non-State and State Sources $910,628.46 CERTIFICATION The CONTRACTOR,by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the CONTRACTOR'S governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for the DEPARTMENT'S review upon reasonable request. CONTRACTOR TITLE DATE 13 ATTACHMENT C PROJECT SCOPE OF WORK j PROJECT SUMMARY Funds awarded under this contract will be used for the property acquisition of parcel number 212205-9153 for the Clark Lalce Park project. This parcel consists of 0.34 acres. Acquisition was completed on July 31,2007. i The CONTRACTOR, by its signature, certifids that the declaration set forth above has been reviewed and approved by the CONTRACTOR'S governing body as of the date and year written below. CONTRACTOR TITLE DATE I I 14 I ATTACHMENT D CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES CERTIFICATION The CONTRACTOR,by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages" and"Affidavit of Wages Paid" as required by RCW 39.12,040. The CONTRACTOR shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the DEPARTMENT'S review upon request. The CONTRACTOR, by its signature, certifies that the declaration set forth above has been reviewed and approved by the CONTRACTOR'S governing body as of the date and year written below. 4 •h CONTRACTOR 1 J L TITLE DATE 15 I ATTACHMENT E CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS I_ CERTIFICATION The CONTRACTOR,by its signature, certifies that it will enter into the Leadership in Energy I and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this contract, The CONTRACTOR shall, upon receipt of LEED certification by the United States Green Building Council,provide documentation of such certification to the DEPARTMENT. The CONTRACTOR,by its signature, certifies that the declaration set forth above has been reviewed and approved by the CONTRACTOR'S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR . TITLE � � �� ,� AA DATE , U1 16 . I Kent City Council Meeting Date June 2, 2009 Category Consent Calendar - 6G 1. SUBJECT: QUOTA INTERNATIONAL DONATION FOR SERVICE CLUB BALLFIELDS - ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept $10,000 from Quota International of Kent Valley, for final payment on playground equipment at Service Club Ballfields, and approve the expenditure of funds in the Service Club Ballfields budget. In 1999, all Kent service clubs were invited to pledge money for naming rights on the fields and playground that became Service Club Ballfields. Quota International of Kent Valley pledged $35,000 for the playground equipment and helped construct picnic tables. The park was dedicated in November 2006. This $10,000 donation represents the final payment of the club's pledge. 3. EXHIBITS: Revenue report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: u o a 0 U a rn a o <- 0 N � m � > � o d E 0 m o E o � o 49 v W O m ti ti LL CD .Q 0 U o � u m N !n � � O .Q C E O � N Z C � O C � 7 O V N Q � k .0 J L ma 4) U) 0 0 0 y o p o 0 0 o0 00 00 0 0 0 o co U rn n �t 0 rn (7 0 N m M � � N LO m rn 0 0 N � o n E u, Z N Q o LO U p U o. o Q Kent City Council Meeting Date June 2, 2009 Category Consent Calendar - 6H 1. SUBJECT: RETAINING WALL AND ACCESS EASEMENT AT ARBOR HEIGHTS 3600 - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Retaining Wall and Maintenance Access Easement for property at Arbor Heights 3600, upon terms acceptable to the City Attorney. The owner of the Arbor Village Assisted Community Property, Health Care REIT, ' Inc., located directly west of Arbor Heights 3600 at SE 240th Street and 116tn Avenue SE, has constructed a retaining wall on City property. Therefore, Health Care REIT, the "Grantee" has requested a retaining wall and maintenance easement, and has agreed to maintain the easement area at its expense. City Council approved the easements on September 18, 2007, but the easement was never recorded. Since that time, Arbor Village was sold to its current owner, Health Care REIT. It is in the best interests of the City to record the easement with the current owner of the property as grantee. 3. EXHIBITS: Draft Easement, Legal Description, Maintenance Easement Legal Description, and Retaining Wall Easement diagrams 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: DRAFT WHEN RECORDED RETURN TO: Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 1 Grantor: City of Kent, a municipal corporation Grantee: Health Care REIT, Inc. Abbreviated Legal Description: Ptn NE 1/4 Section 20, Township 22 N, Range 5E Additional Legal Description: See Exhibit A and B of Document. Assessor's Tax Parcel ID No. 202205-9051 and 202205-9062 Project Name: Arbor Village Retaining Wall at Arbor Heights 360 RETAINING WALL AND MAINTENANCE ACCESS EASEMENT The City of Kent ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration, receipt which is hereby acknowledged by Grantor, conveys to Health Care REIT, Inc., a Delaware corporation ("Grantee"), an easement for a retaining wall and an easement for access for maintenance ("Retaining Wall and Access Easement") over, under, through, across and upon the following described real property, situated in King County, Washington: See Exhibit "A" and Exhibit "B" legal descriptions and Exhibit "C" Sheets 2 of 2 diagram depiction attached and incorporated herein for the benefit of the following described real property, situated in King County, Washington (the "Benefited Property"): See Exhibit"D" legal description attached and incorporated herein. Retaining Wall and Maintenance Access Easement- Page 1 of 4 (Between City of Kent and Health Care REIT, Inc.) (September 4, 2008) i Retaining Wall Easement. Grantee is hereby granted a permanent exclusive easement across the parcel as described in Exhibit A ("Retaining Wall Easement Area"). The purpose of this easement is to allow the permanent placement of a retaining wall in the Retaining Wall Easement Area. Maintenance Access Easement. Grantee is hereby granted a non-exclusive permanent easement across the parcel described in Exhibit B ("Maintenance Access Easement Area"). Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the Maintenance Access Easement Area with the necessary equipment for the purposes of altering, installing, operating, maintaining, repairing, and reconstructing a permanent retaining wall that sits in the Retaining Wall Easement Area, as well as any maintenance of fencing or landscaping that resides in or abuts the Retaining Wall Easement Area. Grantee shall use reasonable measures to avoid any damage to the Maintenance Access Easement Area and will take reasonable steps to repair the same if caused by Grantee or its agents. Grantee accepts the above Easement Areas in their present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this Sign and Landscape Easement. This Retaining Wall and Maintenance Access Easement shall be a covenant running with the land, and shall bind Grantor's and Grantee's successors and assigns. GRANTOR(S): GRANTEE(S): CITY OF KENT HEALTH CARE REIT, INC. By: By: Print Name: Print Name: Its: Its: (Notary Acknowledgments on Next Page) Retaining Wall and Maintenance Access Easement- Page 2 of 4 (Between City of Kent and Health Care REIT, Inc.) (September 4, 2008) STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of , 2008, before me a Notary Public in and for the State of Washington, personally appeared SUZETTE COOKE, to me known to be the Mayor of the City of Kent, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said limited partnership, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of , 2008, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the of HEALTH CARE REIT, INC, a Delaware corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said limited partnership, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires Retaining Wall and Maintenance Access Easement- Page 3 of 4 (Between City of Kent and Health Care REIT, Inc.) (September 4, 2008) I , APPROVED AS TO FORM: Kent Law Department P:\Civil\Files\DeadFiles-Storage\0857\Arbor village Sign Easement.doc L ' _J 1, r f_. Retaining Wall and Maintenance Access Easement- Page 4 of 4 (Between City of Kent and Health Care REIT, Inc.) (September 4, 2008) i EXHIBIT "Aff PRIVATE RETAINING WALL EASEMENT LEGAL DESCRIPTION: CITY OF KENT TO ARBOR VILLAGE ASSISTED LIVING THAT PORTION OF REVISED LOT "All AS DESCRIBED & DELINEATED PER CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL-2005-7 RECORDING NUMBER 20050425001972, KING COUNTY, WASHINGTON, DESCRIBED AS I FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID REVISED LOT "A" ; THENCE ALONG THE WEST LINE OF SAID REVISED LOT "A", SOUTH 01°01' 58" WEST, 305 . 72 FEET TO THE MOST NORTHERLY SOUTHERLY LINE; THENCE ALONG SAID LINE SOUTH 86033' 09" EAST, 2 . 00 FEET TO A PARALLEL LINE BEING 2 . 00 FEET, AS MEASURED AT RIGHT ANGLES FROM SAID POINT; THENCE NORTH 01001' 58" EAST, 305 . 79 TO THE NORTH LINE OF SAID REVISED LOT "A" ; THENCE NORTH 88058' 02" WEST, 2 . 00 FEET TO THE POINT OF BEGINNING. I WAS y L Page l of I April 21,2009 KENNETH R.ANDERSON&ASSOCIATES,INC. 07-042 Wall Easement Legal 01 20090421.doc EXHIBIT "B" MAINTENANCE EASEMENT LEGAL DESCRIPTION: CITY OF KENT TO ARBOR VILLAGE ASSISTED LIVING THAT PORTION OF REVISED LOT "A" AS DESCRIBED & DELINEATED PER CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL-2005-7 RECORDING NUMBER 20050425001972, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID REVISED LOT "A" ; THENCE ALONG THE WEST LINE OF SAID REVISED LOT "A" , SOUTH 01001' S8" WEST, 305 .72 FEET TO THE MOST NORTHERLY SOUTHERLY LINE; THENCE ALONG SAID LINE SOUTH 86033' 09" EAST, 10.01 FEET TO A PARALLEL LINE BEING 10 . 00 FEET, AS MEASURED AT RIGHT ANGLES FROM SAID POINT; THENCE NORTH 01001' 58" EAST, 306 .10 TO THE NORTH LINE OF SAID REVISED LOT "A" ; THENCE NORTH 88058' 02" WEST, 10.00 FEET TO THE POINT OF BEGINNING. i A s��Nq A 4- ZI Page 1 of 1 April 21,2009 KENNETH R.ANDERSON&ASSOCIATES,INC. 07-042 Maintenance Easement Legal Ol.doc i EXHIBI T "C" RETAINING WALL EASEMENT N.E. 114, N.E. 114, SECTION 20, T, 22 N., R. 05 E., WU, KING COUNTY, WASHINGTON. S. MARGIN OF S88'45'35"E SE 240TH ST, 10.00' `7 j POB 2.00' 111t 1 N. LINE, REVISED LOT A W. LINE, I I 1 REVISED I I a LOT A I I I 10' PRIVATE m -� MAINTENANCE ACCESS N EASEMENT N j 10.00' n- rn N NI 1 co y CA ( W N CV �J� 00 Lo W / O N � co �o z o � Io 1 o I 2' PRIVATE W z RETAINING WALL 3 I I EASEMENT 2.00' I 1 I I o I I I S. LINE NE1/4, NE1/4, NE 1/4, NE1/4 y 1 2,00' '�— S88'45'18"E � S. LINE, REVISED s 10,011 -- LOT "A" S86'33'09"E N (- 0 DETAIL ' o NOT TO SCALE IN n F� a (P N KENNETH R. ANDERSON N AND ASSOCIATES,INC. SurtWnp,Voppinp and Ltad Plonnlnp 1720-SM"J410 PLACE sun[-0 ,V P.0.&1X FI7J rw.,w wy; .waex�in E"°°72JIiJ"� n,9 sj0FCISTCR S�4 KMTR CARE REM INC, NAt LAT1� P.O.BOX 1475,S1L 1500,70LEDO,OH 43603 PARCEL NO. 2022059157 DATE. APRIL 9, 2009 SHEET 2 OF 2 L Kent City Council Meeting Date June 2, 2009 Category Consent Calendar - 6I 1. SUBJECT: PUGET SOUND ENERGY RESOURCE CONSERVATION MANAGER PROGRAM GRANT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the grant agreement with Puget Sound Energy to implement the Resource Conservation Manager Program. The City Council identified a new strategic goal centered around energy conservation and sustainability. One of its targets is to partner with public and private agencies. The partnership with Puget Sound Energy and the Resource Conservation Manager (RCM) Program illustrates the City's commitment to find additional efficiencies in energy consumption within the City infrastructure. Per the agreement, the City is committing a portion of existing staff time, as this program fits within the City's work plan. The City will be awarded grant funds each year for achieving the identified energy efficiencies up to $44,000 over the three-year period. The RCM Program focuses on the development and implementation of a Resource Management Plan. This opportunity also honors a necessary component of federal stimulus funding by demonstrating collaboration with the City's local utility provider. 3. EXHIBITS: Parks Director memo dated 5/5/09 and Grant Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES :�® Jeff Watling, Director ,K , 220 4t"Avenue South WASHINOTON Kent, WA98032 Fax: 253-856-6050 PHONE: 253-856-5100 memo To: Parks and Human Services Committee From: Jeff Watling, Director of Parks, Recreation and Community Services Date: May 5, 2009 Re: Staff Report: PSE Resource Conservation Manager (RCM) Program The City Council identified a new strategic goal centered around energy conservation and sustainability. One of our targets is to partner with public and private agencies. The partnership with Puget Sound Energy and the Resource Conservation Manager (RCM) Program illustrates the city's commitment to find additional efficiencies in energy consumption within city infrastructure. Per the agreement, the city commits staff resources to implement the program. In our case, we are committing a portion of existing staff time, as this program fits within our work plan. This is a three-year program. The city will be awarded grant funds each year for achieving the identified energy efficiencies (up to $44,000.00 over the three year period). The RCM Program focuses on the development and implementation of a Resource Management Plan. The objective is to achieve savings by coordinating efficient operations and quality maintenance with low cost actions and behavior changes by facility users. By executing this agreement, the city agrees to establish a RCM Program that provides coordination and direction for effective and efficient management of all utility resources including electricity, natural gas, water, wastewater, refuse and recycling. This opportunity honors a necessary component of federal stimulus funding by demonstrating collaboration with our local utility provider. And, and as part of the city's Energy Conservation Strategy, is required to be eligible for our direct fund grant from the Department of Energy ($850,000). ('LiCjG'f.3i7ClI4S �ali'Ti;11` P.O.[lox 90868 M-COM r April 9th,2009 Mr.Charlie Lindsey Superintendent of Facilities Maintenance City of Kent,WA 220 4"Ave S f Kent,WA 98032-5895 RE: RCM Grant Agreement for City of Kent j Dear Charlie, Puget Sound Energy is pleased to offer our support to the City of Kent for your efforts to reduce energy consumption and manage resource costs. Enclosed you will find an RCM Grant Agreement and Scope of Work outlining the steps involved in implementing Puget Sound Energy's RCM program. The grant includes funding to assist with program startup, resource accounting software, technical support, and training for the members of your staff involved in RCM activities. To ensure compliance with IRS regulations,we are also enclosing a W-9 form. PSE is required to keep a copy of this form on file for all grant projects. Please complete the form and return it with your grant agreement. Feel free to contact me with any questions you may have about the enclosed paperwork or our RCM program. I am happy to talk with you or meet with anyone else in the City's administration to provide additional information. If there are no questions at this time, simply sign the agreement(page 2) and return it to me at the above j address or by fax or email. Upon receipt of your signed copy, I will have PSE management sign off and then return an executed copy to your attention. Once the contract is executed,we will begin development of your RCM program. This will include efforts to identify all of your PSE accounts and the facilities that they service, and reconcile those with your existing Utility Manager database. Please feel free to contact me at 425-466-0036 with any questions. I look forward to working with you on reducing resource costs at the City of Kent. Sincerely, I Ben Rupert Program Manager,RCM Support Services Puget Sound Energy 1 , ATTACHMENT A SCOPE OF WORK for City of Kent Resource Conservation Manager Services Project Intent. The City of Kent (CUST) agrees to establish.a Resource Conservation Manager (RCM) program which will provide coordination and leadership for effective and efficient management of all utility resources used in their organization including electricity,natural gas,water,wastewater,refuse,and recycling. The RCM program will focus on the development and implementation of a Resource Management Plan to achieve savings by coordinating efficient operations and quality maintenance with low-cost actions and behavior changes by the users at the facilities. The RCM program will use a resource accounting software package to allow trained staff to monitor resource use and to report on savings. Services: The following list of Resource Conservation Manager Services has been developed to support CUST. Tasks and deliverables associated with the successful completion and payment of grant amounts are described for each measure. All of the tasks must be completed in order to receive payment of the grant amount associated with each service. The expectation of this contract is that the RCM program will exist for a minimum of three-years from signing date. Contract renewals may be evaluated after the initial three-year period. Table 1: RCM Services Resource Conservation Manager Services Grant# Term Measure Cost I Grant Amount 1. Resource Accounting Software N/A 3 Year Value of ongoing support is$3,600 and is paid by PSE direct to vendor. 2. RCM Program Start-up Incentive C-XXXX 1 Year $ 40,000 $ 14,000 3. RCM Performance Incentive—1 C-XXXX 1 Year $ 40,000 $ 14,000 4. RCM Performance Incentive—2 C-XXXX 1 Year $ 40,000 $ 14,000 5. RCM Salary Guarantee C-XXXX 3 Years TBD TBD 6. RCM Training Stipend C-XXXX 3 Years $ 1,000 $ 1,000 7. Site-Based Incentives C-XXXX 3 Years $ 1,250 $ 1,250 TOTAL includes sales tax $ 122 250 $ 44.156 1. Resource Accounting Software . PSE will provide the customer with resource tracking software and annual software maintenance support for the term of this contract.In return,the customer is expected to complete the software setup including input of organization structure, building information, utility companies, and account numbers for all electricity, gas,water,wastewater,and solid waste accounts. The City of Kent agrees to: a. Assign a dedicated person to compile facility information and work with other internal resources as needed to complete software setup process; b. ' Be available for on-site and off-site software training as needed; c. Work directly with PSE and other utilities to identify all accounts and meters for input into,the software program; d. Work with CUST accounting department or others to obtain copies of the past 13 months(minimum)of utility and resource bills; Attachments—Page 1 Form Rev 5/27/08 e. Input cost and consumption information into the software program and update on a regular basis. f. Develop a process to receive copies of all monthly utility bills going forward; g. Submit a copy of initial Database to PSE annual for review; h. Work with PSE to resolve any issues identified during review of CUST's resource tracking database; i. Provide a dedicated person to maintain the database after the data review is complete; I j. Submit an updated copy of the resource tracking database to PSE annually;and k. Allow PSE to use building data in calculation of PSE benchmarks and building efficiency ranking reports to be included with other facility databases and shared with RCM community. 2. RCM Program Start-up Incentive PSE will provide task-specific incentives to assist CUST with development of their RCM program. This one-time incentive will pay for 35%of the time spent on establishing the RCM program during the first year provided CUST completes the following deliverables. 2.1 Hire an RCM or dedicate staff time to RCM activities; 2.2 Populate and maintain a Resource Accounting Database(see item 1); 2.3 Complete a Resource Management Plan. The Resource Management Plan provides an organizational guideline for effective and efficient management of all utility resources including electricity, natural gas,water,wastewater,refuse,and recycling; 2.4 Complete Facility Action Plans for the Organization's Buildings as outlined in Attachment B. Facility Action Plans outline specific action item to be implemented that will reduce resource use in each facility. These items are identified through building walk-through audits and interviews with staff and occupants. The RCM Support Services Three for Free facility audits should be used to jump-start this process. The City of Kent agrees to: a. Complete deliverables(2.1)through ug (2.4)as outlined above. b. Submit a copy of the Resource Management Plan and'Facility Action Plans to PSE for review and comment; c. Work with PSE on recommended revisions and additions to the plans;and d. Provide annual reports to PSE to document action items taken as identified in the plans and results achieved for the duration of the contract. PSE will provide guidelines and assistance in the development of the plans and progress reports. RCM Incentive Payment CUST proposes to use a combination of existing administrative and facilities staff to provide the centralized energy accounting,monitoring and reporting functions, and existing:facilities staff to provide the technical on-site implementation of operational recommendations. The start-up incentive is based on the following staffing breakdown: FTE— RCM Name Position Total Annual PSE Share . %RCM Hours I Salary .50 1040 MikeHattrup Facilities $-40,000 $ 14,000 Mana er The tasks outlined in the scope of work for this incentive are estimated to be completed in the first six to nine months of the agreement. The start-up incentive can be paid at the end of the first six-month period provided the Scope of Work has been completed. 3. Performance Grant 1 Once the customer has completed the start-up deliverables outlined in item 4, and has achieved their year- one targeted PSE energy savings as outlined below in Table 2, they will be eligible to receive additional cash incentives for achieving further energy savings, The energy savings target for the first performance grant is a 5 percent reduction over the customer's first year or last 12-month period. The target will be established using actual data at the time of eligibility. Puget Sound Energy will provide a cash incentive Attachments—Page 2 I equal to the Start-up Incentive once the customer achieves this pre-established PSE gas and electric target. Only savings achieved relative to occupant and behavioral practices and improvements in operation and maintenance (O&M) practices,will be considered for the performance grant. To determine performance grant savings,energy usage will be adjusted for facility upgrades(ECMs),weather,and other major facility changes. The performance incentive will not be prorated for achieving lower or higher energy savings targets. Performance Grant 1 can be paid at the end of a twelve-month period following the completion of the Start- up scope of work provided that the customer completes the deliverables outlined at the end of item 5. 4. Performance Grant 2 The second performance incentive will operate under the same conditions as the first except that the target will be the projected savings for year three,determined at the time of eligibility. Table 2:Customer Baseline and PSE Projected Savings Tar ets EIectricity Natural Gas EUI PSE Energy Only kWh Therms kBtu/S Ft Baseline 7,833,800 149,472 TBD Year 1 Savings-Target 3% 235,014 4,484 TBD Year 2 Savings-Target 5% 379,939 7,249 TBD Year 3 Savings-Target 5% 360,942 6,887 TBD TOTAL PSE SAVINGS 976,896 18,620 TBD* *Baseline and savings targets include energy attributed to sites without conditioned space. Existing facility square footages need to be verified. 5. RCM.Salary Guarantee Puget Sound Energy will provide a guarantee that CUST's total resource bill savings achieved by RCM activities will exceed RCM salary costs (minus PSE incentives)over the three-year term of this Agreement provided that the customer has satisfied all of the deliverables outlined in this contract. If so, and the cost- savings are less than the adjusted RCM salary,the difference will be paid to CUST up to the value of the PSE electricity and natural gas savings achieved during that period as specified in Attachment C -- PSE Resource Conservation Manager Tariffs. Savings will be determined by PSE based on annual usage and savings data submitted by CUST. Savings Projection The following table is an estimate of the savings potential from implementing .50 FTE of resource management activities at CUST facilities. Table 3: Customer Savings Projections Fixed Baseline is Customer Profile Resource Cost Savings kWh Therms Year 1 $ 29,407 235,014 4,484 Year 2 $ 76,947 614,953 11,734 Year 3 $ 122,111 975,896 18,620 Gross Savings $ 228,465 RCMProgram Costs(mimrs Incentives) $ 78,000 NET PROGRAM SAVINGS $ 150,465 1,825,863 34,838 To qualify for Performance Incentives and Salary Guarantee The City of Kent agrees to: a. Provide adequate staffing and management to support full-time RCM functions through the period of the agreement; b. Use a resource accounting tool to routinely monitor and track billing,use and expenditures; Attachments—Page 3 c. Establish year prior'to agreement as baseline of use and expenditures, with provisions to modify for weather-adjustments,changes in square feet and changes in functionality; d. . Develop and endorse an organization-wide resource conservation policy; e. Develop and implement individual facility resource plans; f. Implement resource conservation activities per plans; g. Conduct quarterly meetings to update management and participants with savings reports and develop plans for the upcoming quarter;and h. Have RCM regularly attend PSE RCM network and training meetings; i. Provide annual reports to PSE with resource consumption and dollar savings attributed to the program. j. Allow PSE to promote CUST's success and program efforts via case-studies and other materials to help educate and advance the RCM community. 6. RCM Training Stipend Each RCM FTE will be allocated a budget for training. The budget is based on the cost of the Building Operator Certification (BOC) program; but can be applied to any other equivalent RCM-related training course with prior PSE approval. The RCM will be responsible for registration and will request that the training institute invoice PSE directly for our portion of the costs up to the RCM allotted amount. r_ For each RCM FTE employed under this agreement,Puget Sound Energy will provide a grant of$2,000 for training. Tuition allotment will be prorated based on FTE allocation and is based on the negotiated PSE- discounted BOC tuition rate. Payment of this grant will be made directly to the registrar on behalf of OUST unless otherwise noted. To receive payment,the customer must complete the course registration form and send it to PSE,noting the tuition amount for which PSE is responsible. PSE will issue payment directly to the program registrar. The customer will receive a completed copy of their registration. The City of Kent agrees to: a. Submit a copy of the student's Project Coursework upon completion of the full training series, b. If requested,present an overview of their project to PSE and RCM customers. r 7. Site-Base Incentives The Site-Based Incentives program awards cash incentives directly to a facility for implementation of verifiable behavioral changes by building occupants and/or maintenance and custodial staff members. Awards of up to$500 per facility and up to$2,500 per FTE allocation will be granted for implementation of RCM recommended activities. The City of Kent agrees to: a. identify facilities and verifiable measures that will reduce gas or electricity usage and implement the measures; b. Provide training to building occupants, maintenance and custodial staff on implementation of (' behavioral measures; c. Provide inspections as necessary to evaluate on-going implementation of measure and provide corrective education as necessary;and d. Submit a final report of effectives of measure and a list of facilities qualifying for incentive. t l i Attachments—Page 4 I_ ATTACHMENT B FACILITY INVENTORY for City of Kent Site Site Address Zip Facility Size ID (Sq.Ft. A03 Centennial Center 400 W Gowe 98032 71600 A01 City Hall 220 S 4th Avenue 98032 33000 A02 City Hall Annex 302 W Gowe 98032 4600 A04 ICity Shops 5821 S 240th Street 98032 26158 P05 lCorrections 1230 Central Avenue S 98032 21000 P06 lCorrections Annex 8323 S 259th Street 98032 3053 C12 113riving Range 2030 W Meeker Street 98032 1800 P03 East Hill Police Substation N/A—Need to update 98032 1000 F71 Fire Station 71 504 W Crow Street 98032 10180 F72 Fire Station 72 25620 140th Avenue SE 98032 7779 F73 Fire Station 73 26512 Military Road S 98032 13000 Fire Station 74 & 98032 F74 Administration 24611 116 Avenue SE 28554 F75 Fire Station 75 15635 SE 272nd Street 98032 14000 Fire Station 76 &Vehicle 98.032 F76 Maint 20676 72nd Avenue S 23326 F77 Fire Station 77 20717 132nd Avenue SE 98032 15500 F78 Fire Station 78 17852 SE 256th Avenue 98032 15700 PO4 Firing Range N/A—Need to update 98032 4685 Green River Natural 98032 C09 Resource 22306 Russell Road 1960 C07 Historical Society 855 E Smith Street 98032 3720 C01 Kent Commons 525 N 4th Avenue 98032 50000 C04 Kent Market 206 Railroad Avenue N 98032 8000 C05 Kent Memorial Park 850 N Central Avenue 98032 3000 C08 #NNe,,l /Soames Homestead 5311 S 237th Place 98032 2256 C113 Clubhouse 2020 W Meeker Street 98032 2400 P01ce Station 1220 4th Avenue S 98032 18000 PUM 98032 P01 Pumps Various Locations 0 CO3 Resource Center 315 E Meeker Street 98032 6000 Riverbend Merchandise 98032 C10 Center 2019 W Meeker Street 11296 C06 tsawkavens 706 W Gowe 98032 2625 CO2 Senior Center 600 E Smith Street 98032 21000 P02 West Police Substation 26512 Military Road S 98032 844 Total Square Footage 426,036 Attachments—Page 5 i ATTACHMENT C Resource Conservation Management Tariffs I f f 1 f_ f f Attachments—Page 6 i ' I i t Third Revision of Sheet No,253 Canceling Second Revision WN U-60 of Sheet No.253 PUGET SOUND ENERGY Electric Tariff G 3 SCHEDULE 253 ELECTRICITY ENERGY EFFICIENCY PROGRAM (C) Resource Conservation Manager(RCM) Program ! i i 1. AVAILABILITY: i Any school district,public-sector government agency,commercial, or industrial Customer with (T) ? multiple accounts with facilities receiving electric service under Electric Tariff G from the Company. i 2. MEASURES: # Cost-effective electricity savings;as well as savings involving other resources(e g., natural gas, propane, oil,water, sewer,solid waste and recycling)will be achieved through use of an on-site"Resource Conservation Manager"(RCM). This individual(s)will be retained by the Customer and accountable for bill savings attributable to efficiency improvements in: (T) a. Occupant and behavior practices by building occupants b. Operations and maintenance(0&M)practices by administrators, managers and I operations personnel 3. ANALYSIS: Baseline electricity and other resource use and expenditures will be established A facilities plan will be established and put in place. Tracking of implementation activities and monitoring of consumption and costs will be conducted on an ongoing basis and used-as a basis for determining resource savings. 4. SERVICES: i The Company will make a preliminary estimate with the Customer of the cost-effectiveness of the RCM program, Services may include, but are not limited to the following, negotiated to (C) meet the specific needs of the Customer: (T) a. A guarantee that the Customer's total resource bill savings achieved by RCM activities exceed the salary of an RCM position If not, the difference will be paid to the Customer, up to the value of the electricity savings achieved. b. Assistance In hiring and/or training a Resource Conservation Manager. c. Assistance in development of baseline resource use and expenditures,resource policy guidelines, and ongoing monitoring and reporting of resource use and expenditures. d. Partial funding of the RCM position,for a limited time; providing there is mutual agreement for position's continuance after the period of funding support terminates. (T) { i 4 i Issued: November20,2007 Effective: January 1,2008 Advice No.: 2007-32 I Issued By Puget Sound Energy By: IthAa -t Tom DeBoer Title: Director,Rates&Regulatory Affairs i I i � i Fourth Revision of Sheet No. 253-a Canceling Third Revision WN U-60 of Sheet No,253-a PUGET SOUND ENERGY j Electric Tariff,G ' t � SCHEDULE 253 ELECTRICITY ENERGY EFFICIENCY PROGRAM (C) Resource Conservation Manager(RCM)Program (Continued) ' e. Access to electronic PSE energy use data for importing to energy accounting software, f, Company hosted periodic meetings to allow RCMs to evaluate and review resource ; management techniques with peers also participating in the program g. Educational and other materials for classroom or building occupant use. h. On-line energy-use monitoring services may be provided at no charge for up to two years at selected facilities, provided compatible metering and remote data retrieval capability is In place, PSE is not obligated to repair, replace or upgrade noncompatible meters (C) t � f 5. CUSTOMER OBLIGATIONS: Customers shall enter into RCM Agreement with the Company,and therein must agree to retain the services of a RCM for their facilities. The RCM will routinely prepare energy accounting reports showing energy use and costs for each facility Customers must commit staff necessary to continue resource monitoring efforts at a"match"of the time period for which the Company provides any guarantee, Furthermore,the Customer agrees to adopt a resource policy guide and incorporate the guidelines into standard practice for facility operations within one year of signing the Agreement. The RCM Agreement will be reviewed f annually to determine the cost-effectiveness and assess continuance following which either (C) party may terminate the agreement with 30 days written notice (C) 6 SCHEDULE 83: Service under this schedule is subject to the provisions of Schedule 83, Electricity Conservation Service, contained in this tariff, 7. GENERAL RULES AND PROVISIONS: Service under this schedule is subject to*the General Rules.and Provisions contained in this tariff � l Issued: November 20,2007 Effective: January 1,2008 1 l Advice No.: 2007-32 Issued By Puget Sound Energy I By: _1��e Tom DeBoer Title: Director, Rates&Regulatory Affairs I I ` i1 i I 1 1 i WN U-2 Third Revision of Sheet No 1208 I Canceling Second Revision of Sheet No. 1208 1 PUGET SOUND ENERGY NATURAL GAS SCHEDULE NO 208 (T) NATURAL GAS ENERGY EFFICIENCY PROGRAM (C) Resource Conservation Manager(RCM)Program i i Section 1:Availability (K)(T) f I Any school district, public=sector government agency,commercial,or industrial Customer with (K) facilities receiving bundled natural gas service under the Company's natual gas tariff. Section 2:Measures (T) Cost-effective natural gas savings,as well as savings involving other resources(e.g_,electricity, propane,oil,water,sewer, solid waste and recycling)will be achieved through use of an on-site "Resource Conservation Manager"(RCM). The individulai(s)will be retained by the Customer. (T) and accountable for bill savings attributable to efficiency improvements in: a. Occupant and behavior practices by building occupants b• Operations and maintenance(O&M)practices,by administrators, managers and operations personnel. Section 3:Analysis (T) Baseline gas and other resource use and expenditures will be established. A facilities plan will be established and put in place, Tracking of implementation activities and monitoring of consumption and costs will be conducted on an ongoing basis and used as a basis for determining resource savings, Section 4: Services (T) The Company will make a preliminary estimate with the Customer of the cost-effectiveness of the RCM program Services may include,but are not limited to,the following, negotiated to (C) meet the specific needs of the Customer: (Continued on Sheet No.1208-A) i (K)Transferred to Sheet No. 1208-B Issued: November 20,2007 Effective: January 1,2008 Advice No.: 2007-33 ! t Issued By Puget Sound Energy By: AA � Tom DeBoer Title: Director, Rates&Regulatory Affairs i I i 1 k f � t I �i WN U-2 s Fifth Revision of Sheet No 1208-A Canceling Fourth Revision of Sheet No.1208-A PUGET SOUND ENERGY NATURAL GAS SCHEDULE NO.208(Continued) (T) NATURAL GAS ENERGY EFFICIENCY PROGRAM (C) Resource Conservation Manager(RCM)Program a. A guarantee that the Customer's total resource bill savings achieved by RCM activities exceed the salary of an RCM position. If not,the difference will be paid to the Customer, up to the value of the gas savings achieved.. b Assistance In hiring and/or training a Resource Conservation Manager c. Assistance in development of baseline resource use and expenditures, resource policy l guidelines, and ongoing monitoring and reporting of resource use and expenditures. i d. Partial funding of the RCM position,for a limited time; providing there is mutual agreement for position's continuance after the period of funding support terminates. (T) e Access to electronic Company energy use data for importing to energy accounting software. f Company-hosted periodic meetings to allow RCMs to evaluate and review resource management techniques with peers also participating in the program. g Educational and other materials for classroom or building occupant use. h, Online.energy-use monitoring services may be provided at no charge for up to two years at selected facilities, provided compatible metering and remote data retrieval capability is in place. PSE is not obligated to repair, replace or upgrade noncompatible (C) meters. Section 5: Customer Obligations (T) Customers shall enter into an RCM Agreement with the Company,and therein must retain the services of a Resource Conservation Manager for their facilities, The RCM will routinely prepare energy accounting reports showing energy use and costs for each facility, Customers must commit staff necessary to continue resource monitoring efforts at a"match"of the time period for which the Company provides any guarantee. Furthermore,the Customer agrees to adopt a resource policy guide and incorporate the guidelines into standard practice for facility operations within one year of signing the agreement The RCM Agreement will be reviewed annually to determine the cost-effectiveness and assess continuance,following which either (C) party may terminate the agreement with 30 days notice, j (Continued on Sheet No. 1208-B) I I Issued: November 20,2007 Effective: January 1,2008 ! ' Advice No.: 2007-33 Issued By Puget Sound Energy ;� �� ' I By: t h+` !> — Tom DeBoer Title: Director, Rates&Regulatory Affairs f 1 f WN U-2 Fifth Revision of Sheet No 1208-B Canceling Fourth Revision of Sheet No, 1208-B I PUGET SOUND ENERGY NATURAL GAS SCHEDULE NO. 208(Continued) (T) NATURAL GAS ENERGY EFFICIENCY PROGRAM (G) Resource Conservation Manager(RCM)Program Section 6: Schedule 183 (D)(N) II • Service under this schedule is subject to the provisions of Schedule 183, Natural Gas Conservation Service, contained in this tariff, I (N) (D) Section 7:General Rules and Regulations (M)(T) I Service under this schedule is subject to the rules and regulations contained in this tariff (M) i I i (M)Transferred from Sheet No. 1208 Issued: November 20,2007. Effective: January 1,2008 Advice No.: 2007-33 Issued By Puget Sound Energy By: AA4 Tom DeBoer Title: Director, Rates& Regulatory Affairs j I i • 1 t a PUGET SOUND ENERGY The Energy To Do Great Things RESOURCE CONSERVATION MANAGER GRANT AGREEMENT Agreement No. C-07091, C-07092, C-07093, C-07094, C-07095, C-07096, C-07097 1 Project No. 078-6141, 078-6140, 078-6142, 078-6144, 078-6146, 078-6147, 078-6148 This AGREEMENT is made this day of 20 , by and between PUGET SOUND ENERGY and City of Kent("Participant"). I , RECITALS A. Under Puget Sound Energy's Electric Schedule 253 and Gas Schedules 208, as currently in effect and on file with the Washington Utilities and Transportation Commission, Puget Sound Energy offers grants for electricity and natural gas resource conservation management measures installed or implemented at facilities that receive electric or natural gas service from Puget Sound Energy. B. Participant intends to install or implement resource conservation measures and is requesting a grant from Puget Sound Energy under its filed Electric Schedule 253'and/or Gas Schedule 208 tariffs. AGREEMENTS j Puget Sound Energy and Participant agree as follows: 1. Premises. Participant will install or implement the resource conservation measures described in paragraph 2 ("Resource Conservation Manager Services") at the facilities located at 400 W GOWE.ST KENT, WA 98032 and other facilities identified in Attachment 8—List of Facilities (the"Premises"). Participant represents either(a)that it is the owner or contract purchaser or otherwise has the lawful authority to make the statements herein on behalf of the owner or contract purchaser of the Premises, or(b)that it is the lawful tenant of the Premises and that it has obtained written authorization from the owner or contract purchaser of the Premises. 2. Resource Conservation Manager Services. Participant represents that it has retained or will retain the services of a Resource Conservation Manager, or will appoint in-house resources for the i installation or implementation at the Premises of the following Resource Conservation Manager Services at the following costs: t Conservation Measure Total Cost of Eligible Measures Life Conservation Conservation Measures Grant 1. Electric 3 $78,413.00 $28,383.00 2. GAS 3 $43,837.00 $15,867.00 4 I TOTAL(includes sales tax) $122,250.00 $44,260.00 3. Grant. Subject to.Puget Sound Energy acceptance, Puget Sound Energy will grant the Participant, after installation or implementation of the Resource Conservation Manager Services, an amount equal to the Eligible Electric Schedule 253 and Gas Schedule 208 Conservation Grant(the"Grant")as identified above, providing, however, that such Resource Conservation Manager Services must be 4384 10/08 Page 1 of 3 l PUGET SOUND ENERGY The Energy To Do Great Things RESOURCE CONSERVATION MANAGER GRANT AGREEMENT installed and implemented as specified in Attachment A—Scope of Work and Grant paid within 36 months of the signing of this Conservation Grant Agreement. If for any reason the cost of the Resource Conservation Manager Services is actually less than shown above, Puget Sound Energy may decrease prorata the amount of the Grant. Participant shall be responsible for paying any amount in excess of the amount of the Grant. 4. Separate Contract,The purchase and implementation of the Resource Conservation Manager Services shall be pursuant to a separate contract between Participant and Resource Conservation Manager. Puget Sound Energy is not, and shall not be deemed to be, a party to any purchase, installation, or implementation contract.All obligations to any Resource Conservation Manager pursuant to any such contract shall be Participant's responsibility. Participant expressly acknowledges that Puget Sound Energy's involvement with respect to the Resource Conservation Manager Services, including but not limited to any energy analysis or inspection by Puget Sound Energy of the Premises or the Resource Conservation Manager Services, is solely undertaken in connection with furnishing the Grant.The types of materials, methods of installation, quality and timing thereof, and any warranties with respect to the Resource Conservation Manager Services or their installation or implementation at the Premises, are matters to be agreed upon solely between Participant and any Contractor or Resource Conservation Manger. PUGET SOUND ENERGY HAS NOT MADE AND DOES NOT MAKE(AND PARTICIPANT ACKNOWLEDGES THAT PUGET SOUND ENERGY DOES NOT MAKE)ANY IMPLIED OR EXPRESS WARRANTY(INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS) REPRESENTATION, OR PROMISE WITH RESPECT TO EITHER(A)THE RESOURCE CONSERVATION MANAGER SERVICES, (B) ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE IMPLEMENTATION OF THE RESOURCE CONSERVATION MANAGER SERVICES, OR(C)THE INSTALLATION OR IMPLEMENTION OF THE RESOURCE CONSERVATION MANAGER SERVICES. 5. Release, Participant releases Puget Sound Energy from any and all claims, losses, harm, costs, liabilities, damages and expenses directly or indirectly resulting from or in connection with (a)the Resource Conservation Manager Services, (b) any materials and labor required for or used in the installation or implementation of the Resource Conservation Manager Services, (c)the Implementation of the Resource Conservation Manager Services, or(d)the identification, handling and disposal of any associated hazardous waste materials. 6. Disclaimer. Puget Sound Energy conducts energy analyses at the request of its customers to determine the extent to which resource conservation measures are cost—effective.Any estimate of energy savings made by Puget Sound Energy in connection with any such analyses is solely for the purpose of determining the cost—effectiveness of the particular resource conservation measures and not to be used for any other purpose. Puget Sound Energy has not and does not make any promise, warranty or representation with respect to any savings in energy consumption from Resource Conservation Manager Services. 7. Termination. In the event a Participant's contribution to Puget Sound Energy's (PSE) recovery of energy efficiency program costs is affected by all or a portion of Participant's electric and/or gas delivery service being provided by a party other than PSE,then Participant shall refund to PSE an amount equal to the ratio of the unused Measure Life of the measure(s)to the total Measure Life of such Resource Conservation Manager Services multiplied by the dollar amount of the Grant with respect to such Resource Conservation Manager Services, The Resource Conservation Manager Grant agreement may be reviewed annually to determine the cost-effectiveness and assess continuance. Either party may terminate this agreement with 30 days notice to the other parties. 4384 10108 Page 2 of 3 PUGET SOUND ENERGY The Energy To Do Great Things RESOURCE CONSERVATION MANAGER I GRANT AGREEMENT I 8. Entire Agreement.This Agreement is subject to the terms of the filed Electric Schedule 253 and Gas Schedule 208 tariffs,which are incorporated herein by this reference and as Attachment C—PSE Resource Conservation Manager Tariffs.This Agreement sets forth the entire agreement between the parties and supersedes any and all prior agreements with respect to the Resource Conservation Manager Services identified herein. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to this Agreement signed by both parties. PUGET SOUND ENERGY PARTICIPANT By: By: Name: Bill Younger Print Name: Title: Mgr., Energy Efficiency Services Title: Federal Tax I.D. No.: i {i I 1 4384 10/08 Page 3 of 3 Kent City Council Meeting Date June 2 2009 Category Consent Calendar - 6J 1. SUBJECT: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which creates an Illicit Discharge Detection and Elimination Program related to the City's storm- water system and amends the Kent City Code to implement the program. The Kent City Code currently prohibits the introduction of pollutants into the 1 City's stormwater system, but the code does not meet all of the requirements of the new Western Washington Phase II Municipal Stormwater Permit. This permit is issued pursuant to the National Pollutant Discharge Elimination System (NPDES) provisions of the Federal Clean Water Act, enforcement of which is delegated to the Washington State Department of Ecology. The code amendment prohibits illicit discharges into the City's Municipal Separate Storm Sewer System and provides for escalating enforcement procedures for violations. This ordinance will meet the requirements of the Phase II Permit and help preserve water quality and protect fish and wildlife in surface waters within and downstream of the City limits. This ordinance is also consistent with the strategic goals of the City Council and Public Works in that it promotes environmental sustainability of water resources in the city. 3. EXHIBITS: Ordinance and 5/6/09 memo to Public Works Committee 4. RECOMMENDED BY: Public Works Department (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' 5 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 w A 6 H i u c r a u Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: May 6, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: May 18, 2009 From: Shawn Gilbertson, NPDES Coordinator & Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Illicit Discharge Detection and Elimination Ordinance Motion: Move to authorize Council adopt an ordinance creating an Illicit Discharge Detection and Elimination Ordinance related to the City's stormwater system, and amending the Kent City Code (KCC) to implement the program, including: amending KCC 7.05.140, entitled, "Permits"; repealing KCC 7.05.1.50, entitled `Unlawful Discharges Monitored-Director's Emergency Authority"; amending title 7 to add a new chapter 7.14, entitled "Illicit Discharges"; and amending KCC 15.08.050, entitled "Performance Standards.". Summary: The Kent City Code currently prohibits the introduction of pollution Into the City's stormwater system (KCC 7.05.150), but the code does not meet all of the requirements of the Western Washington Phase II Municipal Stormwater Permit (Phase II Permit) Issued to the city under the National Pollutant Discharge Elimination System (NPDES). This code amendment prohibits illicit discharges (pollution) Into the City's Municipal Separate Storm Sewer System (stormwater System) and provides for escalating enforcement procedures for violations. This ordinance will meet the requirements of the Phase II Permit and help preserve water quality and protect fish and wildlife in surface waters within and downstream of the City limits. Background: The Federal Clean Water Act of 1972 required the establishment of the National Pollutant Discharge Elimination System (NPDES) to regulate discharges to waters under the jurisdiction of the United States. The United States Environmental Protection Agency administers the NPDES program, but in our state, has delegated administrative authority to the Washington State Department of Ecology. The Washington State Department of Ecology issued the Phase II Permit on January 17, 2007 for cities in urban areas with populations less than 100,000. UPilVonmdffeel ctiotiPage11009'0518091DDEUrtIir�ce.duc 6 The Phase II Permit is intended to reduce sources of pollution common to urbanized areas. These include pollutants such as fluids and metals from cars, I fertilizers and pesticides from yard care, soaps from car washes, and pet waste. Construction site discharges and operation and maintenance of the stormwater system are also regulated under the Permit. The City of Kent was granted coverage under the Phase II Permit effective from February 16, 2007 to February 15, 2012. The Phase II permit requires the City to develop an Illicit Discharge Detection and Elimination (IDDE) program which includes an ordinance or other regulatory mechanism to effectively prohibit non- stormwater, illegal discharges, and dumping Into the City's stormwater system to the maximum extent allowable under State and Federal Law. The permit has specific requirements for the IDDE ordinance which are included in the attached proposal. 1 This required ordinance provides tools for staff to Identify and abate illicit discharges (pollution) which will help protect water resources in the City. Budget Impact: I There will be no unbudgeted fiscal Impacts as a result of this ordinance. UPJ;ropmdtteel.4etlo)LPage1?009'0518 091DREZWimutce.doc ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, creating an illicit discharge detection and elimination program related to the City's stormwater system, and amending the Kent City Code (KCC) to implement the program, including: amending KCC 7.05.140, entitled "Permits"; repealing KCC 7.05.150, entitled, "Unlawful discharges monitored-Director's emergency authority"; amending title 7 to add a new chapter 7.14, entitled "Illicit Discharges"; and amending KCC 15.08.050, entitled "Performance Standards." RECITALS A. The Federal Clean Water Act of 1972 required the establishment of the National Pollutant Discharge Elimination System (NPDES) to regulate discharges to waters under the jurisdiction of the United States. The United States Environmental Protection Agency administers the NPDES program, but has delegated administrative authority to the Washington State Department of Ecology. The Washington State Department of Ecology issued the NPDES-Western Washington Phase II Municipal Stormwater Permit (Phase II Permit) on January 17, 2007. 1 Illicit Discharges Adopt Ch. 7.14 KCC B. The City of Kent was required to apply for coverage under the Phase II Permit, and was granted coverage effective from February 16, 2007, to February 15, 2012. The Phase II permit requires the City to develop an Illicit Discharge Detection and Elimination (IDDE) program, which includes "an ordinance or other regulatory mechanism to effectively prohibit non-stormwater, illegal discharges, and dumping into the municipal separate storm sewer system to the maximum extent allowable under state and federal law". C. The State Environmental Policy Act (SEPA) responsible official has determined that the proposed Kent City Code amendments are procedural in nature, and further SEPA analysis is not required for these local code amendments. A draft version of this ordinance was submitted i to the Washington State Department of Community, Trade, and Economic Development for expedited review on March 9, 2009. The ordinance was considered by the City Land Use and Planning Board after a duly noticed public hearing on April 27, 2009. D. Section 7.05.150 of the Kent City Code currently prohibits the introduction of pollution into the City's stormwater system, but the code does not meet all of the requirements of the Phase II Permit. This code amendment, prohibiting illicit discharges into the City's municipal separate storm sewer system and giving the City authority to abate violations, will meet the requirements of the Phase II Permit. These amendments will also help preserve water quality and protect fish and wildlife in surface waters within and downstream of the City limits. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Illicit Discharges Adopt Ch. 7.14 KCC ORDINANCE SECTION 1. - Amendment. Section 7.05.140 of the Kent City Code, entitled "Permits," is amended as follows: Sec. 7.05.140. Permits. Permits are hereby required for any person to construct, install, place, or attempt to construct, install, or place any storm or surface drainage structure or facility within the city. Every person desiring to construct or install any storm or surface water facility, whether on private or public property, shall make application for same to the public works department prior to commencing work on such project. Such applications shall be made on forms provided by the department prior to commencing work on such project, and shall include all information as may be required by the department. The application shall be approved by the public works director or designee, prior to construction; provided, that such construction or installation is in compliance with all city ordinances, regulations, and other controls or standards. Each application submitted to the public works department shall be accompanied by payment for a construction permit fee in an amount established by the city council. In addition to the other penalties that may be provided by law, failure to obtain such a permit will result in the fee being doubled. Such fees shall defray part of the cost of inspections and plan reviews required by the city prior to and during the construction of storm and surface water drainage facilities. All such fees shall be placed in a separate revenue account for the storm and surface water utility. This section shall not be construed to duplicate any other existing city requirements. 3 Illicit Discharges Adopt Ch. 7.14 KCC department,made by the publie weF!(s using Angeiamean Publie Health s t 1 non St a., d nn th a F tH F f �nr. + d rr.rS Qciarr6fi aur-a�-ram rrrrrra�rvrr-v�v�u��--arru Waste rFifteenth Editien, as amended, the FltS--lFrsted by—the—err\fig=vnrriTenrtrn—rt-vee-r6tg—ng enEy—tn--v-vutcr Quality Deeungents published an the FedeFal rVekinger domed-11/28/8n Water �,ruraFds feF PateFs--ef the State r /^ haptef disehaFge . disehaFge peFFflit fee. The-pel!Ht+en disehaFge pWit;ee shall be SECTION 2. - Repealer. Section 7.05,150 of the Kent City Code, entitled "Unlawful discharges monitored - Director's emergency authority," is hereby repealed in its entirety. j f SECTION 3. - Amendment. Title 7 of the Kent City Code, is amended to add the new chapter 7.14 entitled, "Illicit Discharges," as follows: 4 Illicit Discharges Adopt Ch. 7.14 KCC CHAPTER 7.14 ILLICIT DISCHARGES Sec. 7.14.010. Purpose. The purpose of this chapter is to prevent non-stormwater from entering the City of Kent Municipal Separate Storm Sewer System (' MS4") to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are: A. To regulate the contribution of pollutants to the MS4; B. To prohibit illicit connections and discharges to the MS4; C. To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter; and D. To mitigate impacts to water quality as a result of increased runoff due to urbanization, correct or mitigate existing water quality problems related to stormwater, and to help restore and maintain the chemical, physical, and biological integrity of the City's waters for the protection of beneficial uses, including salmonid habitat and aquifer recharge. Sec. 7.14.020. Definitions. As used in this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section, unless a different meaning is plainly required. A. Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution 5 Illicit Discharges Adopt Ch. 7.14 KCC prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or the MS4. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. B. Clean Water Act (CWA) means the federal Water Pollution Control Act (33 U.S.C. § 12S1, et seq.), and any subsequent amendments thereto. C. Construction activity means land disturbing operations including clearing, grading or excavation which disturbs the surface of the land. Such activities may include road construction, construction of residential houses, office buildings, or industrial buildings, and demolition activity. �- D. Director means the City of Kent Public Works Director. E. Groundwater means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. F. Hazardous material means any material; including any substance, waste, or combination thereof; which because of its quantity, concentration, or physical, chemical, or infectious characteristics; may cause or significantly contribute to a substantial present or potential hazard to human, health, safety, property, or the environment; when improperly treated, stored, transported, disposed of, or otherwise managed. G. Hyper-Chlorinated means water that contains more than ten (10) mg/Liter chlorine. Disinfection of water mains and appurtenances requires 1 6 Illicit Discharges Adopt Ch. 7.14 KCC 1 a chlorine residual of ten (10) mg/Liter at the end of the disinfection period. H. Illicit discharge means any direct or indirect non-stormwater discharge to the MS4, except as expressly exempted by this chapter. I. Illicit connections means any conveyance that is connected to the MS4 without a permit, excluding roof drains and foundation drains. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. Illicit connections allow an illicit discharge to enter the MS4 and include, but are not limited to, any conveyances which allow any non- stormwater discharge including sewage, process wastewater, and wash water to enter the MS4; any connections to the MS4 from indoor drains and sinks, regardless of whether such drain or connection was previously allowed, permitted, or approved by an authorized enforcement agency; or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city or another agency of government duly authorized to give such approvals. J. Industrial activity means activities subject to NPDES Industrial Permits as defined in 40 CFR, § 122.26(b)(14). K. Municipal Separate Storm Sewer System (MS4) means a conveyance, or system of conveyances; including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains: 1. Owned or operated by a state, city, town, county, district, port, or other public body created by or pursuant to state law having 7 Illicit Discharges Adopt Ch. 7.14 KCC jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to Waters of the State; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works ("POTW") as defined at 40 CFR §122.2. L. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit means a permit issued by the Environmental Protection Agency (EPA), or by the Washington Department of Ecology ' under authority delegated pursuant to 33 U.S.C. § 1342(b), that authorizes the discharge of pollutants to waters of the state, whether the permit is applicable to an individual, group, or general area-wide basis. M. Non-stormwater discharge means any discharge to the MS4 that is not composed entirely of stormwater. N. Owner/operator means any person or entity with an ownership interest or control over real property on which a violation of this chapter occurs, any person or entity participating in any activity regulated by this chapter, and any person or entity participating in any violation of this chapter. 1 O. Pollutant means anything which causes or contributes to pollution. pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other 8 Illicit Discharges Adopt Ch. 7.14 KCC discarded or abandoned objects, and accumulations, so that the same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous materials and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. P. Premises means any real property or interest in real property and any improvement upon real property. Q. RCW means the state Revised Code of Washington. It is the compilation of all permanent state laws now in force. R. Sanitary sewage means domestic wastewater including flushed toilet water, water from dishwashers, clothes washing machines, and any other used water that generally is disposed of down interior household drains. S. Sanitary sewer system means a conveyance, or system of conveyances which is designed to convey domestic wastewater. T. Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. U. Stormwater pollution prevention plan means a document which describes the BMP's and activities to be implemented by an owner/operator or business to identify sources of pollution or contamination at a site, and the actions to eliminate or reduce pollutant discharges to stormwater, the MS4, and/or receiving waters. 9 Illicit Discharges Adopt Ch. 7.14 KCC V. Waters of the state means those waters as defined as "Waters of the United States" in 40 CFR § 122.2 within the geographic boundaries of the state of Washington and "Waters of the State" as defined in chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. W. Water quality standards means the Water Pollution Control Act, as defined herein; Surface Water Quality Standards - Washington Administrative Code (WAC) § 173-201A; Ground Water Quality Standards - WAC § 173-200; and Sediment Management Standards - WAC § 173- 204. The water quality standards are established to sustain public health s and public enjoyment of the waters and the propagation and protection of { fish, shellfish, and wildlife. X. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from any premises. I Sec. 7.14.030. Applicability. This chapter shall apply to all owners/operators as defined herein. Sec. 7.14.040. Entry onto premises. With the consent of the owner/operator of any premises or pursuant to a lawfully issued warrant, the director may enter any premises at any reasonable time to perform the duties imposed by this chapter. 10 Illicit Discharges Adopt Ch. 7.14 KCC I 1 Sec. 7.14.050. Prohibited discharges. A. No owner/operator shall discharge or cause an illicit discharge of any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards as herein defined, to enter into the MS4 or watercourses. B. Prohibited discharges include but are not limited to the following list, provided for informational purposes only, of common substances which are illicit discharges when discharged to the MS4: 1. Solid waste, trash or debris; 2. Human and animal waste; 3. Petroleum products including but not limited to oil, gasoline, grease, fuel, oil, and heating oil; 4. Antifreeze and other automotive products; S. Flammable or explosive materials; 6. Radioactive material; 7. Construction materials; 8. Batteries; 9. Acids, alkalis, or bases; 10. Paints, stains, resins, lacquers, or varnishes; 11. Metals in excess of naturally occurring amounts, whether in liquid or solid form; 12. Solvents and degreasers; 13. Drain cleaners: commercial and household cleaning materials; 14. Pesticides, herbicides, or fertilizers; 15 Ink; 16. Steam-cleaning waste; 17. Laundry waste, soap, detergent, and ammonia; 11 Illicit Discharges Adopt Ch. 7.14 KCC i 18. Domestic or sanitary sewage; 19. Animal carcasses; 20. Food and food waste including fats, oils, and grease (FOG); 21. Recreational vehicle waste; 22. Swimming pool or spa filter backwash; 23. Chlorine, bromine, or other disinfectants; 24. Heated water; 2S. Yard waste, dirt, sand, and gravel; 26. Bark and other fibrous materials; 27. Collected lawn clippings, leaves, or branches; 4 28. Silt, sediment, concrete, cement, or gravel; ! 29. Dyes, except as permitted by KCC 7.14.060; 30. Chemicals not normally found in uncontaminated water; 31. Chlorinated swimming pool or hot tub water except as permitted by KCC 7.14.070; 32. Discharges from potable water sources which may include but are not limited to: water line flushing, hyper-chlorinated water line I flushing, fire hydrant flushing, and pipeline hydrostatic test water, except as permitted by KCC 7.14.070; 33. Any other process-associated discharge except as otherwise allowed in this chapter; or 34. Any hazardous material or waste not listed above. I f Sec. 7.14.060. Allowable discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: A. Diverted stream flows; B. Rising groundwaters; 12 Illicit Discharges Adopt Ch. 7.14 KCC i } l> C. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20); D. Uncontaminated pumped groundwater water; E. Foundation drains discharging clean stormwater only; F. Air conditioning condensation; i G. Irrigation water from agricultural sources that is commingled with urban stormwater; H. Springs; I. Water from crawl space pumps discharging clean stormwater only; J. Footing drains discharging clean stormwater only; K. Flows from riparian habitats and wetlands; L. Non-stormwater discharges covered by another NPDES permit; M. Discharges from emergency fire fighting activities; or N. Dye testing using environmental friendly products for the purpose of testing or tracing source pollution is allowable but requires verbal notification to the City prior to the time of testing. Sec. 7.14.070. Conditional discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the stated conditions, unless the director determines t that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: t x A. Potable water, including water from water line flushing, hyper- chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and in volumes and velocities controlled to prevent re-suspension of sediments in the MS4; r k 13 Illicit Discharges i Adopt Ch. 7.14 KCC l B. Lawn watering and other irrigation runoff are permitted but shall be minimized; C. De-chlorinated swimming pool discharges. These discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and in volumes and velocities controlled to prevent re- suspension of sediments in the MS4; D. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized; or E. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan reviewed by the City which addresses such discharges. Sec. 7.14.080. Illicit connections prohibited. No owner/operator shall connect a conveyance system which was not constructed or intended to convey precipitation runoff, or which has been converted from such usage to another use, to the MS4 or groundwater infiltration system. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. , This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. An owner/operator is considered to be in violation of this chapter if the owner/operator connects a line conveying sanitary sewage to the MS4 or allows such a connection to continue. 14 Illicit Discharges Adopt Ch. 7.14 KCC Sec. 7.14.090. Suspension of discharge access to MS4. As permitted by applicable law, the City may suspend MS4 access to an owner/operator when such suspension is necessary to stop an actual or threatened discharge which is or would be prohibited under this chapter. Sec. 7.14.100. Inspections. A. The director may establish inspection programs to ensure compliance with the requirements of this chapter and to accomplish its purposes. Inspection programs may be established on any reasonable basis including, but not limited to, routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants, inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the City's NPDES stormwater permit, and joint inspections with other agencies inspecting under environmental or safety laws. B. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, and material or water in the MS4; and evaluating the condition of the MS4 and other BMP's. Sec. 7.14.110. Re-inspections. It shall be the duty of the owner/operator to notify the director that violations have been corrected, and to request a re-inspection. The director may require that such request for re-inspection be filed one (1) working day before such inspection. It shall be the duty of the owner/operator to provide safe access to and means for inspection of any corrective work. is Illicit Discharges Adopt Ch. 7.14 KCC Sec. 7.14.120. Monitoring of discharges. As permitted by applicable law, the City shall conduct or cause to be conducted monitoring and/or sampling of the stormwater discharge from any premises, and may recover the costs of so doing from the owner/operator of the premises. Sec. 7.14.130. Requirements to prevent, control, and reduce stormwater pollutants by the use of BMPs. The owner/operators engaging in industrial activity shall provide, at owner/operator's expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs. Further, any owner/operator responsible for premises, which are, or may be, the source of an illicit discharge, may be required to implement, at owner/operator's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of j stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a Storm Water Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. Sec. 7.14.140. Industrial or construction activity discharges. t Any owner/operator subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with such permit may be required in a form acceptable to the City prior to allowing discharge to the MS4 and failure to comply with the provisions of such permit will constitute a violation of this chapter. 16 Illicit Discharges Adopt Ch. 7.14 KCC Sec. 7.14.150. Violations and enforcement. Whenever the City finds that an owner/operator has violated or failed to meet a requirement in any provision of this chapter, the City may pursue the code enforcement procedures set forth in Ch. 1.04 KCC. Any violation of this chapter that is deemed by the director to be a threat or potential threat to the public health, safety and welfare may be abated as a nuisance or pursuant to any other applicable local, state or federal law or regulation. Regulation under this chapter shall not serve as a shield to any action under other applicable laws or regulations of the City, State, or United States. SECTION 4. - Amendment. Section 15.08.050 of the Kent City Code, entitled "Performance Standards," is amended as follows: Sec. 15.08.050. Performance standards. A. Performance standards defined. Performance standards deal with the operational aspects of land uses. While performance standards shall apply to all land uses within the city, they are primarily concerned with the impact of industrial development upon the environment. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in this title. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable condition. The following elements, if created, may become dangerous, injurious, noxious, or otherwise objectionable under the circumstances, and are then referred to as dangerous or objectionable elements: 1. Noise, vibration, or glare. 2. Smoke, dust, odor, or other form of air pollution. I Heat, cold, or dampness. 4. Hazardous substances and wastes. 17 Illicit Discharges Adopt Ch. 7.14 KCC B. Nonconforming uses. Uses established before the effective date of this title and nonconforming as to performance standards shall be given three (3) years in which to conform therewith. C. Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the dangerous or objectionable elements and at any points where the existence of such elements may be more apparent (referred to in the section as "at any point"); provided, however, that the measurement of performance standards for noise, vibration, odors, glare, or hazardous substances or wastes shall be taken at the following points of measurement: 1. In all districts: At the property lines or lot lines; or 2. In all districts: At the buffer zone setback line for any hazardous substance land use facility, which must be at least fifty (50) feet from any property line. D. Restrictions on dangerous and objectionable elements. 1. Noise. At the points of measurement specified in subsection (C) of this section, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, 18 Illicit Discharges Adopt Ch. 7.14 KCC Z24.10-1953, or the latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.) TABLE I. SOUND PRESSURE LEVELS IN DECIBELS Octave Band Maximum (cycles per Permitted Sound second) Pressure Level (decibels) 20 - 75 75 75 - 150 70 150 - 300 64 300 - 600 59 600 - 1,200 53 1,200 - 2,400 47 2,400 - 4,800 40 4,800 10KC 34 19 Illicit Discharges Adopt Ch. 7.14 KCC TABLE II. CORRECTION IN MAXIMUM PERMITTED SOUND PRESSURE LEVEL IN DECIBELS TO BE APPLIED TO TABLE I Correction in Type of Operation or Character of Noise Decibels Noise source operates less than twenty (20) Plus 5* percent of any one (1) hour period Noise source operates less than five (5) percent of any one Plus 10* (1) hour period Noise source operates less than one (1) percent of any one Plus 15* (1) hour period Noise of impulsive character (hammering, etc.) Minus 5 Noise of periodic character (hum, screech, etc.) Minus 5 *Apply one (1) of these corrections only. 2. Vibration. No vibration shall be permitted which is discernible 1 without instruments at the points of measurement specified in this section. 3. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities so as to exceed the odor threshold at the following points of measurement. The odor threshold shall be defined as the concentration in the air of a gas or vapor which will just evoke a response in the human olfactory system. a. Industrial park district, MY. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond lot lines. b. Limited industrial district, MZ. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond lot lines. C. General industrial district, M3. Odorous matter released from any operation or activity shall not exceed the odor threshold 20 Illicit Discharges Adopt Ch. 7.14 KCC beyond the district boundary or five hundred (500) feet from the lot line, whichever distance is shortest. 4. Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in subsection (C) of this section shall be permitted. This restriction shall not apply to signs or floodlighting of buildings for advertising or protection otherwise permitted by the provisions of this title. 5. Radioactivity or electrical disturbance. The regulations of the federal occupational safety and health standards shall apply for all radioactivity and electrical disturbance unless local codes and ordinances supersede this federal regulation. 6. Fire and explosion hazards. The relevant provisions of federal, state and local laws and regulations shall apply. 7. Smoke, fly ash, dust, fumes, vapors, gases, and other forms of air pollution. The standards of the Puget Sound Air Pollution Control Agency, Regulation I, or those regulations as may be subsequently amended, shall apply. 8. Liquid or solid wastes. No discharge of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission i of dangerous or offensive elements, shall be permitted at any point into any public sewer, private sewage disposal system, or stream, or into the ground, except in ar=r=eFd compliance with , with standar-ds appr-eved by the state and federal regulations and Ch. 7.14 KCC. 9. Hazardous substances or wastes. No release of hazardous substances or wastes as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into 21 Illicit Discharges jAdopt Ch. 7.14 KCC any public sewer, private sewage disposal system, watercourse or water body, or the ground, except in compliance with state and federal regulations and Ch. 7.14 KCC. The relevant provisions of federal, state, and local laws and regulations shall apply, and compliance shall be certified by applicants for permits under this title. The following site development standards shall apply: a. Hazardous waste facilities shall meet the location standards for siting dangerous waste management facilities adopted pursuant to Chapter 70.105 RCW; b. Hazardous substance land use facilities shall be located at least: (1) Two hundred (200) feet from unstable soils or slopes which are delineated on the hazard area development limitations map or as may be more precisely determined per KCC 15.08.224(B); (2) Two hundred (200) feet from the ordinary high- water mark of major or minor streams or lakes which are delineated on the hazard area development limitations map or as may be more precisely determined per KCC 15.08.224(B), shorelines of statewide significance, or shorelines of the state; (3) One-quarter (1/4) mile from public parks, public recreation areas, or natural preserves, or state or federal wildlife refuges; provided, that for purposes of this section public recreation areas do not include public trails; (4) Fifty (50) feet from any property line to serve as an onsite hazardous substance land use facility buffer zone; (5) Five hundred (500) feet and one hundred (100) 1 feet from a residential zone and a residential unit respectively; and (6) Five hundred (500) feet from a public gathering place or agricultural land or zone, in the case of a nonagricultural hazardous substance land use facility; 22 Illicit Discharges Adopt Ch. 7.14 KCC C. Hazardous substance land use facilities shall not be located in a one hundred (100) year floodplain; d. Hazardous substance land use facilities which are not entirely enclosed within a building shall provide a type I solid screen landscaping of a width of at least ten (10) feet in the hazardous substance facility buffer zone required by subsection (9)(b)(4) of this section; e. Aboveground hazardous substance land use facilities shall be constructed with containment controls which will prevent the escape of hazardous substances or wastes in the event of an accidental release from the facility, and shall meet federal, state, and local design and construction requirements; f. Underground hazardous substance land use facilities shall meet federal, state, and local design and construction requirements; g. Hazardous substance land uses shall comply with adopted fire codes; h. Hazardous substance land uses shall provide for review and approval by the city fire department of a hazardous substance spill contingency plan for immediate implementation in the event of a release of hazardous substances or wastes at the facility; i. Hazardous substance land uses should use traffic routes which do not go through residential zones; j. Hazardous substance land uses in the O, NCC, CC, and DC zones shall be entirely enclosed within a building; and k. Without limiting the application of the adopted fire codes to diesel fuel tanks, above and below ground diesel fuel storage tanks exclusively intended for use on stationary, onsite, oil burning equipment (such as electrical power generator systems) in all nonresidential zoning districts shall be exempt from the hazardous substance regulations of this section, and above and below ground diesel fuel tanks of up to six thousand (6,000) gallons intended exclusively for use on stationary, onsite, oil burning equipment (such as electrical power 23 Micit Discharges Adopt Ch. 7.14 KCC generator systems) in residential zones shall be exempt from the hazardous substance regulations of this section for essential governmental facilities only. The hazardous substance zoning code regulations, including the existing five hundred (500) gallon limit for hazardous substances for residential uses, shall otherwise remain in force and effect. Additionally, all aboveground diesel fuel tanks over five hundred (500) gallons exempted by this subsection are required to have a five (5) foot minimum landscape buffer surrounding the tank to buffer the visual impacts of these tanks. Moreover, the planning director shall have the discretion to increase or modify this landscape buffer requirement depending upon the specific circumstances posed by any particular tank location. In case of conflict between any of these site development standards and the development standards of specific zoning districts or other requirements of this title, the more restrictive requirement shall apply. SECTION S. - Severability. If any one or more section, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. SECTION 6. - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. !� SUZETTE COOKE, MAYOR ATTEST: 1 BRENDA JACOBER, CITY CLERK 24 Illicit Discharges Adopt Ch. 7.14 KCC 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 by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\Clod\Ordmancc\I6cttStortnWaterFINAL docx 25 Illicit Discharges Adopt Ch. 7.14 KCC Kent City Council Meeting Date June 2, 2009 Category Consent Calendar - 6K 1. SUBJECT: COMMUTE TRIP REDUCTION (CTR) PLAN UPDATE AND ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which adopts the City's Commute Trip Reduction Local Plan and amends Chapter 6.12 of the Kent City Code to implement the plan. The state Commute Trip Reduction Act, RCW 70.94.521 et. seq. and rules adopted there under require municipalities to develop and implement programs and plans to reduce drive-alone commute trips and vehicle miles traveled by employees of certain "affected employers." Recent amendments to state law require corresponding amendments to the Kent City Code, which changes are also reflected in the City's Commute Trip Reduction Local Plan 2008-2011. 3. EXHIBITS: Ordinance and 5/11/09 memo to Public Works Committee 4. RECOMMENDED BY: Public Works Department (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 33 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director 40 Phone: 253-856-5500 E "�` Fax: 253-856-6500 WA13HINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: May 11, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: May 181, 2009 From: Monica Whitman, Commute Trip Reduction Program Coordinator Through: Larry Blanchard, Public Works Director Subject: Update of the Commute Trip Reduction Ordinance Motion: Move to recommend Council adopt the Commute Trip Reduction Ordinance (CTR) KCC 6.12 update and adopt the CTR Local Plan, upon concurrence of the City Attorney and the Public Works Director. Summary: The Washington State Legislature passed the Commute Trip Reduction Efficiency Act in 2006 requiring local jurisdictions, regional transportation planning organizations, transit agencies and employers, to implement a new set of requirements. Under State policy, the City was required to develop and implement a program and a Local Plan to reduce drive alone (SOV) commute trips coming to the City. On February 5, 2008 the City of Kent's Commute Trip Reduction Local Plan was unanimously approved by the Washington State Commute Trip Reduction Board. On June 17, 2008 the Transportation Master Plan ("TMP") was adopted by the Kent City Council. The TMP incorporates the Kent CTR Local Plan by reference. An executive summary of the Kent CTR Plan constituted chapter eight of the TMP. The CTR Plan is a sub-plan of the TMP; however, it needs its own Ordinance for enforcement of the state law. Table is Key changes to the Commute Trip Reduction Ordinance Current Ordinance Updated Ordinance In the past, employers within the City Eliminates CTR Zones. Every of Kent limits have been considered jurisdiction and affected worksite part of a CTR zone known as the `South in the State is working towards the o King County Zone.' same goal. m ' i 34 1 Individual worksites have been required The City as a whole and Individual w to strive to achieve a: `affected employers' shall work 15% reduction after two (2) years together to reduce drive-alone 1 20% reduction after four (4) years, trips by 10% by 2011 and Vehicle o, 25% reduction after six (6) years, Miles Traveled (VMT) by 13% by { ' 2 35% reduction after twenty-five (25) 2011. cL years. r Affected employers have been required Affected employers must identify to identify themselves within one themselves within ninety (90) t hundred and eighty days (180) days of days of either moving into the \! either moving into the City limits or City limits or growing in growing in employment to 100 or more employment to 100 or more CL ? E affected employees. These employers affected employees. These w were given one hundred and eighty employers shall be given ninety (180) days to develop and submit a (90) days to develop and submit a CTR program. CTR program. Survey information was required the Newly affected employers have second, forth, sixth, eighth, tenth, and ninety (90) days to perform a ai E twelfth year of an employer's program. baseline measurement. cn Affected employer shall conduct employee CTR surveys at least once every two (2) years. l Each year employers have been In addition to the baseline � required to submit an annual CTR measurement, employers shall o o Program report to the City. submit biannual program reports a to the City. t - Governing Policies Procedures Rules & Regulations: j RCW 70.94.521, ESSB 6566 and WAC 468-63. Budget Impact: The City is required by State law to enforce the Commute Trip Reductions regulations. The City is then reimbursed by the State for costs incurred based on a formula devised by the State Department of Transportation, Public Transportation j Office. There will be no unbudgeted fiscal impacts as a result of this Ordinance. j ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 6.12 of the Kent City Code, entitled "Commute Trip Reduction," adopting the City's Commute Trip Reduction Plan in implementing measures required by state law. RECITALS A. The State Commute Trip Reduction Act, RCW 70.94.521 et. seq. and rules adopted there under require municipalities to develop and implement a program and plan to reduce drive alone commute trips and vehicle miles traveled for the City and affected employees. B. The City of Kent has complied by adoption of chapter 6.12 of the Kent City Code. C. Recent amendments to state law require corresponding amendments to the city code which changes are also reflected in the City of Kent Commute Tripe Reduction Local Plan 2008-2011. 1 Commute Trip Reduction Amend KCC 6.12 I D. On February 5, 2008, the City of Kent's Commute Trip Reduction ("CTR") Local Plan was unanimously approved by the Washington State Commute Trip Reduction Board. E. On June 17, 2008, the Transportation Master Plan ("TMP") was adopted by the Kent City Council. The TMP incorporates the Kent CTR I Local Plan by reference. An executive summary of the Kent CTR Plan constituted chapter eight (8) of the TMP. i F. On June 17, 2008, the Transportation Element of the Kent Comprehensive Plan was amended to incorporate the 2008 Transportation Master Plan by reference into the Kent Comprehensive Plan. 1 G. The City of Kent recognizes the importance of increasing individual citizen's awareness of air quality, energy consumption, and I traffic congestion, and the contribution individual actions can make toward addressing these issues. H. A transportation demand management element, such as a CTR plan, is required as part of the Washington State Clean Air Act, RCW 70.94. I. This Ordinance both adopts the CTR Local Plan and amends Chapter 6.12 of the Kent City Code consistent with the CTR Local Plan and the requirements of state law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 2 Commute Trip Reduction Amend KCC 6.12 I ORDINANCE SECTION 1. - Adopt. The City hereby adopts the CTR Local Plan, attached hereto as Exhibit "A" and incorporated herein by this reference. A copy of the City's CTR Plan is available at the Public Works Department, with the City Clerk, and on the City's website. SECTION 2. - Amendment. Chapter 6.12 of the Kent City Code, "Commute Trip Reduction," is amended as follows: CHAPTER 6.12 COMMUTE TRIP REDUCTION Sec. 6.12.010 Short title. This chapter shall be known as the Commute Trip Reduction (CTR) Ordinance, and may be cited as such. Sec. 6.12.020 CTR program goals. The City's goals for reductions in the proportions of drive-alone commute tripes and vehicle miles traveled per employee by affected employers in the City's jurisdiction, major employment installations, and other areas designed by the City are set forth in the City's CTR Plan adopted herein by this reference. These goals establish the desired level of performance for the CTR program in its entirety in Kent, including drive-alone and VMT goals for affected employers and newly affected employers. Sec. 6.12.030 Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: A. Affected employee means a full-time employee who is scheduled to begin his or her regular work day at a single worksite covered by the Commute Trip Reduction Plan between 6:00 a.m. and 9:00 a.m. 3 Commute Trip Reduction Amend KCC 6.12 l (inclusive) on two (2) or more weekdays for at least twelve (12) continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. r B. Affected employer means an employer that employs, wee, one hundred (100) or more full-time employees at a single worksite covered by the Commute Trip Reduction Plan who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays for at least twelve (12) continuous months. Construction worksites, when the expected duration of the construction is less than two (2) years, are excluded from this definition. (Also see definition of employer.) i I C. Alternative mode means any ty-emeans of commute transportation other than that in which the single-occupant motor vehicle is the dominant { mode, including telecommuting and compressed work weeks schedules if they result in reducing commute trips. D. Alternative work schedules means programs, such as compressed work weeks, , that eliminate work trit)speak peFied weFlE tFips for affected employees. E. Base year means the twelve (12) month period which commences when a major employer is determined by the jurisdiction to be participating within i the CTR program. The City uses this twelve-month period as the basis upon which it develops commute trip reduction goals. 4 Commute Trip Reduction Amend KCC 6.12 �� F. Base Year survey or baseline measurement means the survey, during the base year, of employees at a major employer worksite to determine the drive-alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the City. G. Carpool means a motor vehicle, including a motorcycle occupied by two (2) to six (6) people of at least 16 years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip. FH. City means the eCity of Kent. GI. Commute trips means trips made from a worker's home to a worksite . (inelH e)on any weekday. J. Commute trip reduction (CTR) plan means the City of Kent's Commute Trip Reduction Local Plan 2008-2011. The CTR Plan is referenced in the Kent Transportation Master Plan adopted by Ordinance No. 3883 which is an element of the Kent Comprehensive Plan. It is adopted by this reference in this chapter, 6.12. 1K. Commute trip reduction (CTRJ program means an employer's strategies to reduce affeeted--employees' drive alone commutes and average VMT per employee. 5 Commute Trip Reduction Amend KCC 6.12 �y 9GTR crne-n9e a,-r9-can-uret�, suC-h-as-aree-Nsus-tfixe}-vF evrrrvrrrcrlr Ferry f I I L. Commute trip vehicle miles traveled per employee means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period- -KM. Compressed work week means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time } employee to eliminate at least one (1) work day every two (2) weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to I; include weekly and bi-weekly arrangements, the most typical being four (4) ten (10) hour days or eighty (80) hours in nine (9) days, but may also include other arrangements. affangemeir—. N. Custom bus/buspool means a commuter bus service arranged specifically to transport employees to work. I 4=0. Dominant mode means the mode of travel used for the greatest distance of a commute trip. P. Drive alone means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. 6 Commute Trip Reduction Amend KCC 6.12 rI1 i Q. Drive alone trips means commute trips made by employees in single occupant vehicles. M& Employee means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer. S. Employee transportation coordinator (ETC) means a person who is designated as responsible for the development, implementation and monitoring of an employer's CTR program. AFT. Employer means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, nonprofit, or private, that employs workers. 8U. Exemption means a waiver from any or all CTR program requirements granted to an employer by the eCity based on unique conditions that apply to the employer or employment site. -PV. Flex time means an employer -that provides work schedules allowing individual employees seme—flexibility in choosing the start and end time, but not the number; of their working hewFs-te—faei;Ttate the use of alteFnat4ve-nTedes. QW. Full-time employee means a person, other than an independent contractor, whose position is scheduled te be eFflpleyed on a continuous basis for fifty-two (52) weeks for an average of at least thirty-five (35) hours per week. 7 Commute Trip Reduction Amend KCC 6.12 r RX. Good faith effort means that an employer has met the minimum I requirements identified in RCW 70.94.531,as—,,aw enai ted—e f subsequently _and this chapter, and is also working collaboratively with the eCity to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time. fE SY. Implementation means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.5515, as—new—e„aeted eF subsequently and this chapter as evidenced by appointment of an ETC tFanspeFtatien eeerdinate , distribution of information to employees regarding alternatives to drive alone commuting, and S-GV commencement of other measures according to its 4 approved CTR program and schedule. I Z. Maior Employer means a private or public employer, including state agencies, that employs one hundred (100) or more full-time employees at i a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve (121 f continuous months. AA. Maior employer worksite or.affected employer worksite or worksite means the physical location occupied by a major employer, as determined by the local jurisdiction. BB. Major employment installation means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the City, at which there are one hundred (100) or more affected employees. 8 Commute Trip Reduction Amend KCC 6.12 : l TCC. Mode means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, bicycle, walking, compressed work week schedule and telecommuting. DD. Newly affected employer means an affected employer either moving into the boundaries outlined in the CTR Plan or growing in employment at a worksite to one hundred (100) or more affected employees. EE. Notice means written communication delivered via the United States Postal Service with return receipt requested. Service shall be deemed sufficient three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. k4FF. Peak period means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. VGG. Peak period trip means any commute trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. V HH. Proportion of drive alone trips or drive alone rate means the number of commute trips over a set period made by affected employees in single occupancy vehicles S9vs divided by the number of potential trips taken by affected employees working during that period. 9 Commute Trip Reduction Amend KCC 6.12 L II. Ride Matching Service means a system which assists in matching commuters for the purpose of commuting together. . e ng pleye Fs. AAJJ. Teiecommuting or teieworkina means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half. KK. Transit means a multiple-occupant vehicle operated on a for-hire shared-ride basis, including bus, passenger, ferry, rail, shared-ride taxi shuttle bus, or vanpool. SBLL. Transportation demand management (TDM) means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system. GGMM. Transportation (Management Association (TMB8) means a group of employers or an association representing a group of employers in a defined geographic area. A TM6A may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits. ` L 10 Commute Trip Reduction Amend KCC 6.12 I NN. Vanpool means a vehicle occupied by from five (5) to fifteen (151 people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip. D-BOO. Vehicle miles traveled (VMT) per employee means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period. €DPP. Week means a seven (7) day calendar period starting on Monday and continuing through Sunday. FFQQ. Weekday means any day of the week except Saturday or Sunday. RR. Writing, written or in writing means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. Sec. 6.12.0-340 Responsible agentcity officials. A.-The diFeeteF of public works director, or his/her designate.(J; -shall have general ehaFge ef, and --pe, vision eveF, the adngenistFatien and are hereby authorized to implement this chapter, the CTR Plan and the City CTR program.- See. 6.12.040 Designation of GT-R r-ene and base yea 11 Commute Trip Reduction Amend KCC 6.12 raFe leeated in the eemmute tFip ( , aSeuth ng Geunty n The 1992 base establish a pFegFaFfl designed te Fesult Fi the base yeaF values fer- ea t Sec. 6.12.050 Applicability. The provisions of this Chapter shall apply to any affected employer at any single worksite within the limits of t the City of Kent. A. Notification of applicability. 1. In addition to the City's established public notification for adoption of an ordinance, a notice of availability of a summary of this ordinance, a notice of the requirements and criteria for affected employers ti to comply with the ordinance, and subsequent revisions shall be published at least once in the City's official newspaper not more than thirty (30) days after passage of this ordinance or revisions. 4 2. Affected employers are to receive written notification that they are subject to this ordinance. Such notice shall be addressed to the company's chief executive officer, senior official, or ETC of the worksite or 12 Commute Trip Reduction Amend KCC 6.12 upon the registered went for the affected employee. Such notification shall provide ninety (90) days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the City. 3. Affected employers that, for whatever reason, do not receive notice within thirty (30) days of passage of the ordinance and are either notified or identify themselves to the City within ninety (90) days of the passage of the ordinance will be granted an extension to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the City. 4. Affected employers that have not been identified or do not identify themselves within ninety (90) days of the passage of the ordinance and do not perform a baseline measurement consistent with the measurement requirements specified by the City within ninety (90) days from the passage of the ordinance are in violation of this ordinance. 5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City, under previous iterations of this ordinance, the employer is not required to perform another baseline measurement. 6. Any existing employer of seventy-five (75) or more employees who obtains a business license in the City shall be required to complete an employer assessment form, provided to the employer by the City, to determine whether or not that employer will be deemed affected, or non-affected, in accordance with the provisions of this chapter. B. New affected employers. 13 Commute Trip Reduction Amend KCC 6.12 1. Employers that meet the definition of "affected employer" in this chapter must identify themselves to the City within ninety (90) days of either moving into the boundaries outlined in the CTR Plan or growing in employment at a worksite to one hundred (100) or more affected employees. Employers who do not identify themselves within ninty (90) days are in violation of this ordinance. 2. Newly affected employers identified as such shall be given ninety (90) days to perform a baseline measurement consistent with the measurement requirements specified by the City. Employers who do not perform a baseline measurement within ninety (90) days of receiving written notification that they are subject to this ordinance are in violation of this ordinance. 3. Not more than ninety (90) days after receiving written l notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR Program to the City. The program will be developed in consultation with the City staff appointed by the Public Works Director to be consistent with the goals of the CTR Plan. The program shall be implemented not more than ninety (90) days after f approval by the City. Employers who do not implement an approved CTR Program according to this schedule are in violation of this ordinance and ` subject to the penalties outlined in KCC 6.12.120. i C. Change in status of an affected employer. Any of the following changes in an employer's status will change the employer's CTR program requirements: 1. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for 14 Commute Trip Reduction Amend KCC 6.12 f the next twelve (12) months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City that it is no longer an affected employer. The burden of proof lies with the employer. 2. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire twelve (12) months and will be subject to the same program requirements as other affected employers. 3. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an unaffected employer, that employer shall be treated as a new affected employer and will be subject to the same program requirements as other new affected employers. 1s Commute Trip Reduction Amend KCC 6.12 4 ex"eiuded-fFeng—the ee��orris—^i 1) seasenal agFieultuFalempleyeesi r pFedLietsr tE) this ehapteF within thiFty (30) days afteF passage ef the eFdinanee r senieF r rthe eity n9ayw*th'R ene hundred eighty (180) days ef the effeetive date effeetve date ef the I 4 r that empleyeF is an vielatien ef this r eityr er wall be deenged r r B. New aff-ec-ted erqpieyer-s. 16 Commute Trip Reduction Amend KCC 6.12 f I ene hundFed eighty (180) days shall be deeffied in vielatien ef this GT-R pegFm eRgpleyeF. 17 Commute Trip Reduction Amend KCC 6.12 status as an affeeted engpleyeF. Sec. 6.12.0-760 Affected employer's repertingRequirements for employers. An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and S.GVdrive alone commute trips. The affeeted efflpleyeF shall sLibfflit a deseFiptien ef r The CTR program must include the following mandatory elements-wed belew: A. Mandatory pProgram eElements and Implementation Requirements. Employers are required to make a good faith effort to achieve the goals identified in KC 6.12.060. Each employer's CTR program shall include the following mandatory elements: I 1. Employee Transportation Coordinator _ The affeeted -employer shall designate an Employee Transportation Coordinator (ETCH a tFanspeFtatien eeeFdii9ateF to administer the CTR program. The ETC eeeFdoRate name, location, and wer4F-telephone number must be prominently displayed, physically or l electronically, -at each affected worksite. The EeeFdonate,FETC shall oversee all elements of the employer's CTR program and act as liaison between the i 18 Commute Trip Reduction Amend KCC 6.12 l ; employer and the eCity. An affeeted empleyer with fflultiple sates may 2. Information dDistribution. Information about alternatives to SE)Vdrive alone commuting as well as a summary of the employer's CTR Program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer's CTR Program at the time of hire shall also be submitted to the City with the employer's program description and regular report.b4s sh-aTI-ifT^GI 4e-, -btt B. Additional Program Elements. In addition to the specified program elements described above, the employer's CTR program shall include additional elements as needed to meet the CTR goals. Employers are encouraged to consider innovative strategies and combine program am elements in a manner that will best suit their location site characteristics business type, and employees' commuting needs. Employers are further encouraged to cooperate with each other to implement program elements. Elements may include, but are not limited to, one or more of the following: 1. Preferential parking for high-occupancy vehicles; 2. Reduced parking charges for high-occupancy vehicles; 3. Increasing parking charges for drive alone commuters; 19 Commute Trip Reduction Amend KCC 6.12 4. Commuter ride matching services to facilitate employee ridesharing for commute trips f 5. Subsidies for rail, transit, or vanpool fares and/or transit passes; 6. Vans or buses for employee ridesharing; 7. Subsidies for carpools, walking, bicycling, teleworking, or compressed schedules 8. Incentives for employees that do not drive alone to work; S 9. Use of the employer's vehicles for carpooling or vanpooling; 10. Flexible work schedules to facilitate employees' use of transit carpools, or vanpools; i 11. Additional regular or express service to the worksite, in cooperation with transit service providers; r 12. Special loading and unloading facilities for transit, carpool and vanpool users; 13. Bicycle parking facilities, lockers, changing areas, and y showers for employees who bicycle or walk to work; f 1 14. A program of parking incentives such as a rebate for employees who do not use the parking facilities;_ I� I 20 Commute Trip Reduction Amend KCC 6.12 f 15. Program(s) to permit employees to work part or full-time at home or at an alternative worksite closer to their homes which reduces commute trips; 16. Program(s) of alternative work schedules, such as a compressed work week, which reduces commute trips; 17. Other measures designed to facilitate the use of high- occupancy vehicles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs;. 18. Elimination of free parking; and 19. Other measures that the employer believes will reduce the number and length of commute trips made to the site. C. CTR Program Report and Description. Affected employers shall review their program and file a regular program report and description on the forms provided by the City. 1. General. The CTR Program Report and Description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reported period. 2. Minimum Requirements. At a minimum, the employer's CTR Program Report and Description must include: a. a general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services; 21 Commute Trip Reduction Amend KCC 6.12 b. the number of employees affected by the CTR program and the total number of employees at the site; C. documentation on compliance with the mandatory CTR program elements (as described in Section 6.12.060(A)) d. description of any additional elements included in the employer's CTR program (as described in Section 6.12.060 (B)); and S e. a statement of organizational commitment to provide appropriate resources to the program to meet the employer's established goals. 3. A n ., ,. e,, ess r pert. The GTR dreg Fa ,.st ,n e'Hd„ an annual , l I h the fermet established by this ehapteF and eeigsistent with the GTR task feFee gtri del i nes , eighth, tenth, and twelfth years afteF 'FnpleFnentatien begoigs. Tl=�e 22 Commute Trip Reduction Amend KCC 6.12 available fFeFn the eit�- D. Biennial Measure of Employee Commute Behavior. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect Commute Trip Reduction Program Employee Questionnaires (surveys) at least once every two (2) years, and strive to achieve at least a 70% response rate from employees at the worksite. Sec. 6.12.0870 Record keeping. Affected employers shall maintain a copy of their approved CTR Program Description and Report, their CTR Program Employee Questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the City for a minimum of forty-eight (48) months a" FeeeFds of theiF or until authorized by the city to dispose of such records. A"FeeoFds Buell be-n9ade available Sec. 6.12.0980 Schedule and process for CTR program description and report. A. appFeval Within eige hundFed eighty (189) days fFeffi the date the Document Review. CTR program reports must be approved by the City. The City shall provide the employer with written notification if a CTR program does not meet the minimum program requirements (Section 6.12.060). The City may extend the review period up to 90 days. The implementation date for the employer's CTR program will be extended on equivalent number of days. 23 Commute Trip Reduction Amend KCC 6.12 B. repeftMg date,- whic-h shall net be less than twelve (429 ffienths freni LRTy J suDTTITCCCC. CCTeT year- Bii— �..... Schedule. Upon review of an employer's initial CTR program, the City shall establish the employer's regular reporting date. This report will be provided in a form provided by the City consistent with (Section 6.12.060 I C. Modification of CTR program elements. Any affected employer may submit a request to the City for modification of CTR requirements. Such request may be granted if one of the following conditions exist: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer, or I 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. The City may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer's request. I 24 Commute Trip Reduction Amend KCC 6.12 t D. Extensions. An employer may request additional time to submit a CTR Program Description and Report, or to implement or modify a program. Such requests shall be via written notice at least thirty (30) days before the due date for which the extension is being requested. Extensions not to exceed ninety (90) days shall be considered for reasonable causes. The City shall grant or deny the employer's extension request by written notice within ten (10) working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for thirty (30) days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's regular reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date may be extended at the discretion of the City. Modifications shall be made in accordance with section 6.12.080(C). E. Implementation of Employer's CTR Program. Unless extensions are granted the employer shall implement its approved CTR Program, including approved program modifications, not more than ninety (90 drays after receiving written notice from the City that the program has been approved. Sec. 6.12.090 Compliance. For purposes of this Chapter, compliance shall mean: 25 Commute Trip Reduction Amend KCC 6.12 1. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR Program Description and Report;_ 2. Providing a complete CTR Program Description and Report on the regular reporting date; and 3. Distributing and collecting the CTR Program Employee Questionnaire during the scheduled survey time period. i Sec. 6.12.100 Mednficatoens of GTR requirenientsProgram Modification Criteria. �vll n&i exists! iry� . i parr-acn-rofl spate -t faee9—an—eritrar6Fdifl-a-Fy--£ starr� and sui;-able Co' ++ and i , II ' The 26 Commute Trip Reduction Amend KCC 6.12 wr-itiRg at !east sixty (60) days pFier- te the date the weFl(site is requiFed te G. Pfegrani . The following criteria for achieving goals for VMT per employee and proportion of drive alone trips shall be applied Lein determineing requirements for CTR program modifications: 1A. If an affeted—employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program...1 -2B. If an employer makes a good faith effort as defined in RCW 70.94.534(2) and this ordinance, but has not met the applicable drive alone or VMT goal, no additional modifications are required., " u' es ^^t 27 Commute Trip Reduction Amend KCC 6.12 3C. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this ordinance, and fails to meet the applicable &GVdrive alone or VMT reduction goal, the eCity shall with the empleyeF te identify ffiedifleatiens te the GTR pFegFam -and shall direct the employer to revise its program within thirty (30) days to come into compliance with the measures defined by RCW 70.94.534(2), c including specified recommended the—req,bie,tedprogram modifications. —In response to the recommended modifications, the employer shall submit a revised CTR Program Description and Report, including the requested modifications or equivalent measures, within thirty (30) days of receiving written notice to revise its program. The eCity shall review the revisions and notify the employer of acceptance or rejection of 1 the Fneda iedrevised program. If a n„9ed if ned revisedprogram is not accepted, the eCity will send written notifyce to theat effect to the employer within thirty (30) days and, if necessary, require the employer to attend a conference Feet-with ei-y-program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the eCity within feuFteenten 1 (140) working days a€te of the conference. I 1 28 Commute Trip Reduction Amend KCC 6.12 I 1. The-a€€eeted-e+ pleyeF deffieHStFates that-iexteigsiens. An - r r r r 29 Commute Trip Reduction Amend KCC 6.12 i f f B. G-edit V9VTl�JC7'fG"C7"C7'7'CJ-, CTCGemTu"C7Ti , engpleyee/ / e -.ted deeurneRtatien at pFeseFibed tinges and fully impleinenting On geed faith a14 eeept^d GT- pFegFang eF etheFWas dead'aiges / II V. Fa Ol„re to r e dify a (STD p a m feunrl_te be unaeeepi-abl-by the f v'`ft 30 Commute Trip Reduction Amend KCC 6.12 l J Sec. 6.12.110 Violations. Any one or more of the following constitute violations of this Chapter: r- e, t4 Fnade a geed faith effeFt may be held liable feF faHuFe te Feaeh the geed faith eengpliaigee if they: Re+at+ens A t; and b. Advese the HR*eig ef the ex*steFiee ef the statute and the mandates the pFepe sal being n9ade is neeessaFy feF eeFnp'*aFiee with state law. A. Failure to self identify as an affected employer and/or to provide the baseline measurement as required by Sections 6.12.040 (A) and (B). B. Failure to develop and/or submit, on time, a complete CTR program. C. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence 31 Commute Trip Reduction Amend KCC 6.12 to meet or exceed VMT and drive alone goals as specified in this Ordinance. D. Submission of false or fraudulent data in response to survey requirements. E. Failure to make a good faith effort, as defined in RCW 70.94.534 and this ordinance. f- F. Failure to revise a CTR program as required by RCW70.94.534(4) and this Chapter. D. GeHeet4eq. A" penalties due and unpaid under this ehapter- may be Sec. 6.12.120 Penalties. 1 A. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive alone or VMT aoals� B. Each day of violation shall constitute a separate violation and shall 1 be sugject to penalties in the amount assessed for Class 1 Civil Infractions set forth in RCW 7.80.120 (1)(a). C. An affected employer shall not be liable for penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued 1 in good faith. Unionized employers shall be presumed to act in good faith j compliance if they 32 Commute Trip Reduction Amend KCC 6.12 f I I 1 Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and 2. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City and advise the union that the proposal being made is necessary for compliance with state law RCW 70.94.531. Sec. 6.12.130 Exemptions and Goal Modifications. A. Worksite Exemptions. An affected employer may request the City to grant an extension from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its locationO. An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee Exemptions may be granted by the City at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The City shall grant or deny the request within thirty (30) days of receipt of the request. The City shall review annuals all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be 33 Commute Trip Reduction Amend KCC 6.12 { granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The City will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. The City shall grant or deny the request within 30 days of receipt of the request. The City shall review 1 annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. C. Modification of CTR Program Goals. 1. An affected employer may request that the City modify its CTR program goals. Such requests shall be filed in writing at least sixty (60) days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. 2. The City will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Board Guidelines. 3. An employer may not request a modification of the applicable I goals until one year after City approval of its initial program description or annual report. f Sec. 6.12.1340 Appeal of administrative decisions. A. Affected employers shall be notified in writing of the eCity's decision regarding unacceptable programs, exemptions, modification of goals, modification of CTR program elements, and violations. 34 Commute Trip Reduction Amend KCC 6.12 f B. Employers shall have thirty (30) days following notification by the eCity to file an appeal of these decisions with the Kent hearing examiner. C. Hearings before the hearing examiner shall be held according to the procedures set forth in Ch. 2.32 KCC. The hearing examiner's decision shall represent final action by the eCity, unless an appeal is made to the superior court of King County within ten (10) working days after issuance of such decisions. SECTION 4. - Savings. The existing chapter 6.12 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 5. - SeverabilitV. 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. SECTION 6. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA ]ACOBER, CITY CLERK APPROVED AS TO FORM: 35 Commute Trip Reduction Amend KCC 6.12 i TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2009. t 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 I by the Mayor of the City of Kent as hereon indicated. I, (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\ConunuteTripRcduction6.12.docx I i t I 1, 1 36 Commute Trip Reduction Amend KCC 6.12 Kent City Council Meeting Date June 2, 2009 Category Consent Calendar - 6L 1. SUBJECT: STIMULUS PACKAGE FUNDS FOR EAST VALLEY HIGHWAY - ACCEPT ' 2. SUMMARY STATEMENT: Authorize the Public Works Director to accept American Recovery and Reinvestment Act (ARRA) funding through an agreement with the Washington State Department of Transportation Highways and Local Programs Office, authorize the Mayor to sign all necessary documents, and amend the project budget and authorize expenditure of the grant funds. Public Works Staff applied for federal stimulus funding for the East Valley Highway Improvement Project (Local Improvement District #362) in December 2008 through a competitive application process developed by the Puget Sound Regional Council. East Valley Highway was one of only nine roadway projects in King County awarded funding through the American Recovery and Reinvestment Act (ARRA). The $2-million grant will be added to existing federal and state grants, funding from LID 362, and city funding (as required) to complete the project. 3. EXHIBITS: Public Works Memorandum dated 5/12/09 and Agreement 4. RECOMMENDED BY: Public Works (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: 61 PUBLIC WORKS DEPARTMENT 4^4�� Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: May 12, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: May 18, 2009 From: Chad Bieren, Engineering Supervisor Through: Larry Blanchard, Public Works Director Subject: East Valley Highway - Federal Stimulus Funding Motion: Move to recommend authorizing the Public Works Director to accept American Recovery and Reinvestment Act (ARRA) funding through agreement with the Washington State Department of Transportation Highways and Local Programs office. Summary: Public Works Department staff applied for federal stimulus funding for the East Valley Highway Improvement Project (Local Improvement District #362) in December 2008 through a competitive application process developed by the Puget Sound Regional Council. East Valley Highway was one of only nine roadway projects in King County awarded funding through the American Recovery and Reinvestment Act (ARRA). The $2-million grant will be added to existing federal and state grants, funding from LID #362, and city funding (as required) to complete the project. East Valley Highway will be widened to 7-lanes from SR 167, north to S. 212th Street. Council formed LID #362 in April 2007 to pay for a portion of the frontage improvements along East Valley Highway and to connect properties on septic systems to the existing sanitary sewer system. Without funding from LID #362, the project would not have received ARRA funding because it would not have been ready for construction. This project is an example of how large projects will likely be paid for in the coming years. In the past, one or two large grants would be added to City funding and LID monies to complete road extensions and widening. Today, and for the foreseeable future, grant funding is not available in large portions. Therefore, a number of smaller grants, City funds, and private monies collected through Local Improvement Districts or Traffic Impact Fees must be combined to pay for projects. Local and private funds score heavily on grant applications and show local commitment to projects - vastly increasing the likelihood that state and/or federal money may be committed. Budget Impact: Reduces City's share of project funding by $2-million U:\PWCommittee\ActionPage�2009\date.doc 62 Washington State Transpov2ation Building Department of Transportation 310 Maple Park Avenue S.E. Paula J. Hammond, P.E. P.O.Box 47300 Secretary of Transportation Olympia,WA 98504-7300 360-705-7000 TTY: 1-800,833-6388 www.wsdot.wa.gov April 23, 2009 "'WED Mr. Larry Blanchard APR 2 ,? 2009 Public Works Director CITY OU KE T City of Kent ENGINEERING DEFT 220 Fourth Avenue South Kent, WA 98032-5895 i City of Kent East Valley Highway i Improvements ARRA-STPUL-1.073(004) American Recovery and Reinvestment Act j (ARRA) of 2009 FUND AUTHORIZATION Dear Mr, chard: i We have received FHWA fund authorization, effective April 22, 2009, for this project as follows: PHASE TOTAL FEDERAL SHARE ARRA SHARE Construction $4,779,018 $1,815,564 $2,000,000 Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA-6075 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. In addition, this supplement modifies your PE funds to a total of$620,375 ($130,528 federal share). ARRA contains extensive requirements and expectations; failure to meet the items detailed in the original ARRA selection letter and highlighted here may result in the withdrawal of the ARRA funding or a delay in receiving progress payments. These requirements and expectations include: Submitting a quarterly ARRA status report. Updating the ARRA status report within five (5) business days of achieving each of the milestones noted in the report. Mr. Larry Blanchard, Public Works Director 63 i City of Kent April 23, 2009 Page 2 • Adding the GSP to all ARRA contracts that requires contractors to complete monthly employment reports. • Providing a monthly employment report summarizing the total employment for the project. • Obligating all of the ARRA funds by July 1, 2009. • Advertising for bids within two (2) weeks after FHWA has authorized the construction phase. • Within one (1) month of award, de-obligating excess ARRA funds for use on other projects. • Submitting monthly progress bills to H&LP. • Completing the project by March 2, 2012. Your project has been assigned construction contract number TA-3092. You may proceed with the administration of this project in accordance with your j WSDOT approved Certification Acceptance agreement. Sincerely, Step hanie Tax Manager, Program Management Highways & Local Programs Division ST:jg:ac Enclosure cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 AIM � Washington State �`'=GEi`iCY 64 VI/ Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Kent 1 Federal Aid Project Number Agreement Number CFDA No. 20.205 STPUL-1073 004 LA 6075 (Cataloq of Federal Domestic Assistance The Local Agency desires to supplement the agreement entered into and executed on April 27,2006 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name East Valley Highway Improvements Length 0.85 miles Termini State Route 167 to S. 212th Street Description of Work ® No Change Reason for Supplement To obligate the Construction funds. Does this change require additional Right of Way or Easements? ❑Yes ® No Estimate of Funding T f Work (1) (2) (3) (4) (5) Type o or Previous Supplement Estimated Total Estimated Agency Estimated Agreement/Suppi Project Funds Funds Federal Funds PE a Agency Agengy 110 700.00 110,700.00 14 945.00 95,755.00 86.5 % b Other consultant 30,200.00 30,200.00 4,077.00 26,123.00 c.Other non-participating 469,475.00 469 475.00 469 475.00 Federal Aid d State 10,000.00 10 000.00 1,350.00 8,650.00 Participation Ratio for PE e.Total PE Cost Estimate a+b+c+d 150 900.00 469 475.00 620,375.00 489,847.00 130,528.00 Right of Way f A enc non-participating 1905 472.00 1 905 472.0 905 472.00 Federal Aid h. Other Participation Ratio for RW i State j.Total RAN Cost Estimate f+ +h+i Construction k Contract 895 249.00 895 249.00 120 859.00 774,390.00 1 Other ARRA 2,000,000.00 2,000,000.00 2,000,000.00 m.Other 1,156,069.00 1,156,069.00 156 069.00 1,000 000.00 n.Other non-participating 680 100.00 680 100.00 680 100.00 86.5 % o,Agency 32 600.00 32 600.00 4,40100 28,199.00 Federal Aid Participation P. State 15 000.00 15,0000 2,025.00 12,975 00 Ratio for CN q,Total CN Cost Estimate k+l+m+n+o 4,779,018.00 4,779,018.00 963 454.00 3,815,564.001 r.Total Project Cost Estimate e ' 7 The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures, and as a condition to payment of the Federal funds obligated,it accepts and will comply with the applicable_ rovisions. Agency Official Washington State D pa ment of Tran ortation By n By Title Pnhlir Wnrks Dirertnr Director of Highways and ocal Programs 4 —7`CR Date Executed /'lPR 2 1 Z009 DOT Form 140-041 EF Revised 1/2007 Kent City Council Meeting Date June 2, 2009 Category Consent Calendar - 6M 1. SUBJECT: SUB REGIONAL OPPORTUNITY FUND INTERLOCAL COOPERATION AGREEMENT - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Sub-Regional Opportunity Fund Interlocal Cooperation Agreement, direct staff to accept the funds, and establish a budget for the funds to be spent within the Horseshoe Bend Levee Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. 1 1 3. EXHIBITS: Public Works Memorandum dated 5/12/09 and Interlocal 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: 65 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH I NOT ON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 i ( Date: May 12, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: May 18, 2009 From: Michael Mactutis, PE, Environmental Engineering Manager G Through: Larry Blanchard, Public Works Director Subject: Sub-Regional Opportunity Fund Interlocal Cooperation Agreement Motion: Move to recommend the Mayor sign the Sub-Regional Opportunity Fund Interlocal ( ` Cooperation Agreement, direct staff to accept the funds, and establish a budget for the funds to be spent within the Horseshoe Bend Levee Project, upon concurrence of the language therein by the City Attorney and the Public Works Director. P Summary: The King County Flood Control District was established in April, 2007 by the Metropolitan King County Council to protect public health and safety, regional economic centers, public and private properties and transportation corridors. The District is instrumental in addressing maintenance and repairs to levees and revetments, acquiring repetitive loss properties and other at-risk floodplain properties, and improving countywide flood warning and flood j prediction capacity. Overarching countywide strategies and objectives include: Improving levee protection through major commercial, industrial and residential areas, Improving flood water conveyance and capacity, Reducing hazards by removing flood, erosion, and landslide prone residential structures, Providing safe access to homes and businesses by protecting key transportation routes, Minimizing creation of new risks to public safety from development pressure I j The District is funded through a property tax levy. Ten percent of the funds collected by the District are allocated to an opportunity fund, from which they are distributed back to the cities and unincorporated county from which they came in proportion to the amount collected from that agency. This Interlocal Cooperation Agreement will allow the City of Kent to receive the funds from the Opportunity Fund for the years 2008 and 2009. The City, in its application for those funds, has designated that they be used on the Horseshoe Bend Levee Project. Budget Impact: There will be a budget increase to the Horseshoe Bend Levee Project, amount to be determined. U:\PWCommittee�ActionPage�20091date.doc 67 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN TIIE KING COUNTY FLOOD CONTROL ZONE DISTRICT AND THE CITY OF KENT FOR OPPORTUNITY FUND PROJECTS THIS INTERLOCAL COOPERATION AGREEMENT is entered into between the CITY OF KENT, a municipal corporation of the State of Washington ("City"), and the KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi municipal corporation of the State of Washington ("District") ("Parties" or when singular "Marty"), and shall be effective upon execution by the Municipality and the District. 1 Article I. Recitals. In April 2007, the King County Council, as authorized by chapter 86.15 RCW, created the District as aquasi-municiIat corporation. The King County Council members ex officio constitute the Board of Supervisors of the District, the governing body of the District. In Resolution FCZD 2008-15.2, the Board of Supervisors approved the District's 2009 budget and annual work program, and allocated 10 percent of the District's annual property tax revenues for a sub-regional opportunity fund to be used by King County municipalities . The Board of Supervisors further determined that eligibility of projects for opportunity funds be based on consistency with chapter 86.15 RCW; provided that expenditures sunder RCW 86.15.035 and RCW 39.34.190 for salmonid habitat protection be linked to the construction of a flood or stormwater project. The Board of Supervisors also allocated the opportunity fiends to a municipality based on that municipality's Iproportional contribution to the overall King County assessed valuation, as collected. -1- 68 In Resolution FCZD 2009-01.1 the Board of Supervisors included the projects and activities described in Attachment A to this Agreement in an amendment to the District's annual budget and work program for the year 2009. The Board of Supervisors desires to have the City implement its approved opportunity fund projects and activities for the years 2008 and 2009, as well as the projects and activities that are approved for the City in subsequent District annual budgets and work programs. The City desires to implement such projects and activities, and to receive opportunity fields to finance in whole or in part such projects and activities. The City and the District are authorized to enter into this Agreement pursuant to Chapter 39.34 RCW (the Interlocal Cooperation Act), and agree as follows: Article II. Definitions. 2.1 Eligibility Criteria. The term "Eligibility Criteria" means one of the two following criteria that Projects shall meet to qualify for Opportunity Funds. 2.1.1. Under RCW 86.15.110, Opportunity Funds may be expended for either flood control improvements or stormwater control improvements that are extended, enlarged, acquired or constructed,provided that the City has developed a comprehensive plan of development for flood control or for stormwater control, respectively, and the improvement contributes to the objectives of the plan. For flood control improvements, such plan shall be submitted to and approved by the Department of Ecology. In addition, for newly constructed improvements, the City shall develop preliminary engineering studies and plans, d h lairs and studies shall be filed with the District's engineer p � an such A g For all projects, the City shall provide cost estimates and underlying data and shall describe the benefit provided by the improvement. -2- 69 2.1.2. Pursuant to the criteria in RCW 86.15.035 and RCW 39.34.190, as modified by Resolution FCZD 2008-15.2, District fiends may be expended for ' cooperative watershed management actions, including watershed management partnerships and other intergovernmental agreements, for the purposes of water supply, water quality, and water resource and habitat protection and management,provided that Opportunity Funds expended for salmon habitat protection shall be linked to the construction of a flood or stormwater project, and provided further that all such funds shall be used for the implementation of watershed management plans, including but not limited to the following: a. Watershed plans developed under chapter 90.82 RCW; b. Salmon recovery plans developed under chapter 77.85 RCW; c. Watershed management elements of comprehensive land use plans developed under the growth management act, chapter 36.70A RCW; d. Watershed management elements of shoreline master programs developed under the shoreline management act, chapter 90.58 RCW; e. Nonpoint pollution action plans developed under the Puget Sound water quality management planning authorities of chapter 90.71 RCW and chapter 400-12 WAC; f. Other comprehensive management plans addressing watershed health at a WRIA level or sub-WRIA basin drainage level; g. Coordinated water system plans under chapter 70.116 RCW and similar 1 regional plans for water supply; and h. Any combination of the foregoing plans in an integrated watershed management plan. The authority to use finds for implementation of these plans is broadly construed to include: 1. Coordination and oversight of watershed management plan implementation, including funding a watershed management partnership for this purpose; 2. Technical support, monitoring, and data collection and analysis; 3. Design, development, construction, and operation of projects included in the plan; and 4. Conducting activities and programs included as elements in the plan. —3— 70 , 2.2 Project. The term"Project"or"Projects"means specific projects or J J p p J activities that meet the Eligibility Criteria of this Agreement, are approved by the Board of Supervisors in a resolution approving the amlual budget and work program,or amendment thereto, and are described in an attachment to this Agreement that is approved pursuant to this Agreement. 2.3 Opportunity Funds. The term"Opportunity Funds" means the funds made � 1 available by the Board of Supervisors to the municipalities within King County for implementation of Projects. For each of the years 2008 and 2009,these funds represent 10 percent of property tax revenues collected for each of those years, and are available to individual municipalities based on the proportional amount that municipality's assessed k valuation as collected (as determined by the King County Assessor's office) bears to the entire amount of assessed valuation in all of King County(as determined by the King County Assessor's office). For the years after 2009, this term means District fiends that are designated as "Opportunity Funds" by the Board of Supervisors in either a resolution approving the District's annual budget and work program or a separate resolution. 2.4 Service Provider. The tern "Service Provider"means the Water and Land Resources Division of the King County Department of Natural Resources and Parlcs. Article III. Duration of Agreement--Survival of Agreement. This Agreement shall be effective upon execution by both Parties, and shall remain in effect until terinninated by one or both of the Parties. Either Party may terminate this Agreement by providing written notice of termination to the other Party no less than sixty - (60) days prior to the effective date of termination. This Agreement also may be terminated -4- 71 upon mutual agreement of the Parties expressed in writing. Sections 4.2, 5.2, 5.3, 5.4, 5.5, 6.3, 6.4 and 6.5 and Article VII shall survive any termination of this Agreement. Article IV. Conditions of Agreement. 4.1 Project Descriptions. The initial approved Projects are described in Attachment A,which is incorporated by reference. Subsequent approved Projects shall be described in new Attachments to this Agreement that are approved through the amendment process of Section 7.2.2,which Attaclunents shall be incorporated by reference into this Agreement. 4.2 Use of Funds. The City shall use Opportunity Funds distributed pursuant to this Agreement only for expenses related to the Projects. Article V. Responsibilities of City. 5.1 Project Application and Description. The City may submit an application for distribution of Opportunity Funds within a period of time designated by the Service Provider and on a form approved by the Service Provider. As part of the application to receive Opportunity Funds,the City shall submit to the Service Provider the following information for each proposed Project: 5.1.1. Name of proposed project or activity; 5.1.2. Description of the flooding, stormwater, or watershed management problem to be addressed (one to two paragraphs); 5.1.3. Description of how the proposed project or activity will address the problem (one to two paragraphs); 5.1.4. Type of project or activity(e.g., feasibility study, design, construction, acquisition, programmatic activities, etc.); -5- 72 5.1.5. Description of how the project or activity satisfies the "Eligibility Criteria," as defined in this Agreement; 5.1.6. Identification of the plan (flood control, stormwater control, or watershed management) that includes the Project; 5.1.7. Product/deliverable and, for constructed Projects, design plans or �I studies; and 5.1.8. Schedule, milestones, costs and budget for each Project, consistent with the requirements of this Agreement. The schedule for a Project shall provide for the expenditure of Opportunity Funds within two years after the commencement date of the Project. The City shall submit a request for distribution of Opportunity Funds after an actual expenditure is incurred for the Project, provided that the City may request distribution of up to 10 percent of Opportunity Funds for a Project upon approval of a Project by the Board of Supervisors. After approval of the Project by the Board of Supervisors,the application form, as approved by the Board of Supervisors, shall become an attachment to this Agreement through the amendment process in Section 7.2.2. 5.2 City Obligations for Projects. The City shall implement the Project as described and provided for in the approved attachment to this Agreement. Upon receipt, the City shall deposit Opportunity Funds in a separate account, which shall accrue interest at the rate earned by the City on its investments. To request a distribution of Opportunity Funds, the City shall submit to the Service Provider such information and proof of expenditure as requested by the Service Provider. I if -6- 73 5.3. Projects Seeking Opportunity Funds Beyond Current Appropriation Year. The City may request distribution of Opportunity Funds beyond the appropriation year for the District's budget and annual work program,provided that District approval of such distribution of Opportunity Funds shall not be construed as nor constitute a District obligation or commitment to appropriate Opportunity Funds for the Project beyond the approved appropriation year. The District shall have no obligation to provide Opportunity Funds beyond the appropriation year for the District's budget and annual work program, provided that the District shall distribute to the City after such appropriation year any Opportunity Funds that were allocated to the City in such appropriation year and in previous years and that have not been distributed to the City. 5.4 Reporting. 5.4.1. Until the Project is completed or all Opportunity Funds for a Project have been spent,the City shall provide semi-annually to the Service Provider brief written reports describing the progress on and status of the Project and any other relevant information that the Service Provider may request to determine compliance with this Agreement. 5.4.2. Upon completion of a Project, or upon expenditure of all of the Opportunity Funds for the Project, whichever occurs first,the City shall submit a final report to the Service Provider within 90 days of such completion or expenditure. The final report shall contain a summary of all Project expenditures, copies of invoices if requested by the Service Provider, a description of the Project status and accomplishments, and other relevant information requested by the Service Provider to verify compliance with this Agreement. The final report also shall contain a certification that all Opportunity Funds -7- 74 provided to the City were expended solely on the Project in accordance with this Agreement P Y P Y J g and the Project approval. If a Project is not completed prior to termination of this Agreement, a report as described in this Section shall be provided to the Service Provider within 90 days of such termination. All records relating to a Project shall be retained by the City for a minimum of seven years,unless required by law to be retained for a longer it period, in which case the longer period shall apply. I 5.5 City obligations upon Project completion or termination. As consideration C for receipt Opportunity Funds to implement the Project, the City agrees that: 5.5.1. If the Project involves developing a report or study, undertaking a j study or collecting data, or producing written or electronic materials of any kind, copies of all such materials shall be provided upon request to the District or the Service Provider; and 5.5.2. If the Project involves the acquisition, extension, enlargement, or constriction of a physical improvement, the City shall take ownership of, and shall be obligated to operate, maintain, and repair such improvement for the ordinary expected useful life of such improvement. 5.5.3 If the City terminates a Project, and the City has not expended all of the Opportunity Funds paid in advance pursuant to Section 6.3,the City shall return to the Service Provider the remaining Opportunity Funds within 60 days of the close of the , calendar year in which the Project was terminated. Such returned Opportunity Funds shall be credited to the City's Opportunity Fund account, and may be used on future approved Projects,provided that if the Board of Supervisors has terminated the Opportunity Fund program at that time,the returned Opportunity Funds may be used by the District for , District projects and activities. -8- u 75 Article VI. Responsibilities of District. 6.1 Upon timely submission of a Project application by the City,the Service Provider will review the application,provide reasonable and appropriate feedback, and consider including the Project as an element of the District's annual budget and work program. 6.2 If the Board of Supet visors approves the Project application by including the Project in the District's annual budget and work program, or an amendment thereto,the Service Provider shall attach a copy of the Project application as approved to this Agreement and it shall become a part hereof 6.3 The District, through the Service Provider, shall distribute Opportunity Funds, up to the remaining amount of the City's total Opportunity Fund allocation, after City expenditure of Rinds for a Project as set forth in the approved schedule for the Project, provided that upon request of the City, the District shall pay up to 10 percent of the total Opportunity Funds allocated for a Project upon approval of an attachment to this Agreement. The Service Provider shall pay the Opportunity Funds after confirming that the expenditures have been made consistent with the Project approval and schedule. 6.4 The District assumes no obligation for ftiture support of Projects meeting the Eligibility Criteria except as expressly set forth in this Agreement. 6.5 The District shall have no obligation to provide Opportunity Funds beyond the appropriation year for the District's budget and annual work program,provided that the District shall distribute to the City after such appropriation year any Opportunity Funds that were allocated to the City in such appropriation year and in previous years and that have not been distributed to the City. —9— 76 Article VIL Other Provisions. 7.1 Hold Harmless and Indemnification. j 7.1.1. The District assumes no responsibility for the direct payment of any compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees, L contractors or others by reason of this Agreement. The City shall protect, indemnify and save hai7nless the District,its officers, agents, employees and the Service Provider from any 1 and all claims, cost and whatsoever occurring or resulting from (1)the City's failure to pay any compensation, fees,wages,benefits or taxes, and (2)the supplying to the City of works services,materials or supplies by City employees or agents or other contractors or suppliers in connection with or in support of performance of this Agreement. ff 1 7.1.2. The City fiu-ther agrees that it is financially responsible for and will { repay the District all indicated amounts following an audit exception, which occurs due to the negligent or intentional acts by the City, its officers, employees, agents or representatives. 7.1.3. The City shall protect,indemnify and save harmless the District from any and all costs, claims,judgments, or awards of damages, arising out of or in any way l resulting from the negligent acts or omissions of the City, its officers, employees or agents i in connection with the implementation of the terms of this Agreement and/or implementation of the Projects. For purpose of this Agreement only,the City agrees to waive the immunity granted it for industrial insurance claims pursuant to Washington i Statute Chapter 51 to the extent necessary to extend its obligations under this paragraph to any claim, demand, or cause of action brought by or on behalf of any employee, including judgments, awards and costs arising therefrom including attorney's fees. i' -10- 77 7.2 Amendment. 7.2.1. This Agreement may be modified by written instrument approved by the City Council and the District Board of Supervisors and signed by the Parties. 7.2,2, This Agreement also may be modified by additional attachment for Projects subsequently approved by the Board of Supervisors. After approval of a Project in the District's annual budget and work program, or amendment thereto,the Project application as approved shall become an attachment to this Agreement and shall constitute an amendment to this Agreement without further action by either Party. 7.3 Contract Waiver. No waiver by either Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition,nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provision of this Agreement. No waiver shall be effective unless made in writing. 7.4 No Third Party Rights, Nothing in this Agreement shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party. 7.5. Entirety. This Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated are excluded. This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the projects and constitutes the entire agreement between the parties. The parties recognize that time is of the essence in the performance of the provisions of this Agreement. -11- 78 IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces put forth below: By Mayor(or City Manager or Executive) Date: Approved as to form: Municipal Attorney KING COUNTY FLOOD CONTROL ZONE DISTRICT Dire�v ctor Date: 6 y Acting under the authority of Resolution I i I -12- l 79 ATTACHMENT A KING COUNTY King County Water Land Resource Division a D I S T C:ONTROT River and Floodplain Management Sub-Regional Opportunity Fund Project Application King County Application Due Date: December 8, 2008 Jurisdiction: City of Kent 1) Do you wish to forego the receipt of your Opportunity Fund allocation this year, allowing it to accrue for a future year? ❑ Yes ® No 2) Would you prefer to apply your Opportunity Funds toward an existing project on the District's 6-year CIP? ❑ Yes ® No If Yes, please provide the name of the project: This project includes the reach of the Green River of the Nursing Home Levee Project. However,the project includes repair of a significantly longer stretch of the Green River Levee than the Nursing Home Levee. If you said Yes to either 1 or(2) above, you do not need to complete the remainder of this form. 3) Proposed project or activity name The Horseshoe Bend Levee Project is located in Kent on the right bank of the lower and location: Green River between approximately River Mile 23.8 and 26.1. The site includes the Nursing Home Levee as described in the 2006 King County Flood Hazard Management Plan. 4) Description of the flooding, stormwater, or linked watershed management problem that this project or activity will address (1500 character maximum): Some repairs have been completed by King County to this levee since 2001, and the US Army Corps of Engineers is planning a levee repair project at the Nursing Home Location in 2009, but additional repairs are needed. The levee segments in this area are oversteepened and inadequate for proper slope stability. Riverward, much of the embankments are very steep with slopes ranging from 1 AH:1V to 1.7H:lV. Landward, the levees vary in slope angles with little to no access behind the levee for future improvements, repairs or maintenance. As for vegetation, the levees are largely dominated by invasive plant species such as reed canarygrass and blackberries. In addition, the aquatic edge offers little to no habitat since most of the site is without large woody debris or riparian tree cover. 5) Description of how the proposed activity will address the problem outlined in number 2 (1500 character maximum): To address the levee's instability and lack of fish habitat features, there are a number of improvements that need to be completed. These improvements include: regrading the steep riverward slopes to a minimum 2.5H:1V slope angle; stabilizing the levee toe with the placement of large woody debris and construction of a toe buttress; creation of a mid-slope bench or benches for added stability and storage capacity for rising flood waters; and revegetation of the levee slopes and bench with native riparian plantings. As a result of the above improvements, the landward side of the levee prism will be required to extend landward into private property. As such, additional easement and property acquisition will be required to reconstruct the levees. This additional area will be wide enough to allow future access for maintenance and repairs. ❑ Feasibility Study ® Project Design TO Project ® Property Acquisition 6) Type of I Construction Activity: ❑ Programmatic — identify: ❑ Other— identify: —13— 80 7 Describe how the proposed project or activity satisfies the eligibility criteria for at least one of the three p p p J Y 9 Y categories listed in Section III of the attached document (1500 character maximum): The Horshoe Bend Levee Repair project satisfies the eligibility criteria under Category 1 since it is an extension to the Nursing (( Home Levee Project identified in the 2006 King County Flood Hazard Management Plan. In addition,the project limits include the federally authorized Horseshoe Bend Section 205 Levee Project, 8) Identify the management plan (i.e. flood control, stormwater control, or watershed management) within which implementation of the project or activity is an element or is recommended: l The Horshoe Bend Levee Repair project is an extension to the Nursing Home Levee Project identified in the 2006 King County Flood Hazard Management Plan. 9) Identify deliverables and any relevant design plans or studies (for construction projects): Parcels will be acquired in support of the Levee Setback Project. The work products will include title reports, appraisals, survey and other related acquisition documents. Preliminary design plans will also be completed to establish real estate requirements for the project. 10) Identify a timeline for this project from inception to completion. List any relevant milestones, and provide a rough estimate of project costs and budget: Real estate work and property acquisition will be the preliminary focus of the project. There will be preliminary design done to establish real estate requirements for the project as well. In addition,efforts to obtain federal and state funding will be a priority for the project. The estimated total project cost is approximately$33 million,with$2.6 million coming from the the King County Flood Control District and the remaining balance still left unfunded. If efforts are successful and funding becomes available, it may be possible that the project be completed within two years. For Informational Purposes Only: We wish to inform the Flood Control District Board of Supervisors on how Opportunity Funds leverage other resources, and we appreciate any information you are willing to provide in this regard. If you plan to partner with other jurisdictions to conduct a project or otherwise intend to use your Opportunity Fund allocation to leverage grant funds or other surface water management funds, please provide us with this information (1200 character limit): The City of Kent is working through various avenues to obtain state and federal funding for this project. The City will coordinate with the District in its efforts and communicate any successful fiscal awards. ' For Internal Use Only ❑ Project Eligible and Accepted f ❑ Pro'ect`Ineligible I I f -14- C REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT 7 B. MAYOR �3u� �OCe.�� �2c,�� Cc14'Tu 1 ' C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE U E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE �� '�` G. PUBLIC WORKS r' rH. ADMINISTRATION 1 REPORTS FROM SPECIAL COMMITTEES / Page 1 KENT City of Kent WAhHIN.FON Parks and Human Services Committee Meeting Minutes of April 16, 2009 Call to Order: Debbie Ranniger called the meeting to order at 5:02 p.m. Council Committee Members Present: Debbie Ranniger, Tim Clark and Jamie Danielson for Elizabeth Albertson. Item #I: Meeting Minutes Dated February 19, 2009 Jamie Danielson moved to approve the minutes of March 19, 2009. Tim Clark seconded. The motion passed 3-0. Item #2: Right-of-Way Dedication Deed for South 268th Street — Authorize City staff applied for and received a grant to widen South 268th Street, located between Military Road and Princeton Avenue. The street was widened in 1971, but the required 30 feet of right-of-way along the south side of Glenn Nelson Park was never dedicated. Staff is requesting authorization at this time. Tim Clark moved to recommend authorizing the Mayor to sign the deed dedicating the right-of-way for South 268th Street. Jamie Danielson seconded. The motion passed 3-0. Tim Clark commented that the park is one of his favorites, but lacking in shaded areas, especially for the elderly. Mr. Clark recognizes that current budget conditions inhibit new projects and suggested using volunteers. Item #3: Right-of-Way Dedication Deed for Military Road — Authorize As part of the pedestrian sidewalk improvements project, a sidewalk is being added at the northeast corner of Military Road and S. 268th Street. An additional three feet of right-of-way and a triangular section at the corner is required for the sidewalk. This right-of-way is within Glenn Nelson Park, a city-owned site. Tim Clark moved to recommend authorizing the Mayor to sign the deed dedicating the right-of-way for Military Road. Jamie Danielson seconded. The motion passed 3- 0. Item #4• Amendment to Community Development Block Grant 2008 Action Plan — Authorize The city originally allocated funding to a Housing Rehabilitation Project (Kent Youth and Family Services-Watson Manor Roof Replacement Project) through the City of Kent's 2008 Community Development Block Grant (CDBG) One Year Action Plan. KYFS was unable to secure additional funding that was needed to start the project in 2008, and funds were not spent. Recently, the city was notified of award of CDBG Stimulus funds through the American Recovery and Reinvestment Act of 2009. The roof project is underway and can be completed expeditiously with these funds. Therefore, it would be sensible to re-allocate the original roof project funds Page 2 to the Kiwanis Tot Lot #1 Project. The building is in dire need of roof repair. Staff also wants to recapture funds from the Green River Community College Micro- enterprise Project that Green River Community College decided not to accept, and j award them to the Kent Parks Kiwanis Tot Lot #1 Project. I A Public Notice regarding the Amendment was published on April 8, 2009. In 1 addition, the Amendment is posted in public buildings and available for public comment for 30 days. Council action is required to approve the amendment reallocating the funding. j Jamie Danielson moved to recommend approving the proposed First Amendment to I the 2008 Community Development Block Grant One-Year Action Plan, including funding allocations. Tim Clark seconded. The motion passed 3-0. Tim Clark suggested re-wording the motion to be more detailed with account j numbers and amounts before the it goes to Council. Item #5: Amendment to Community Development Block Grant 2009 Action Plan — Authorize Originally, funds through the 2009 CDBG One Year Action Plan were allocated to Kent Youth and Family Services for the Watson Manor Roof Replacement Project. Recently, the city was notified of a larger award of CDBG Stimulus Funds and determined that it would be more prudent to dedicate the stimulus funds to Kent Youth and Family Services-Watson Manor. The project fits the CDBG grant requirements because it is underway and will be completed expeditiously. The f $60,000 in CDBG funds that were originally allocated to KYFS will be reallocated to the Parks Project, Kiwanis Tot Lot #1. f A Public Notice regarding the Amendment was published on April 7, 2009. In addition, the Amendment is posted in public buildings and available for public comment for 30 days. Council action is required to approve the amendment (. reallocating the funding. i Tim Clark moved to recommend approving the proposed First Amendment to the f 2008 Community Development Block Grant One-Year Action Plan, including funding allocations. Jamie Danielson seconded. The motion passed 3-0. Item #6: Neighborhood Stabilization Program — Informational Congress passed the Housing and Economic Recovery Act of 2008, as a response to the large number of foreclosures throughout the nation. The Neighborhood Stabilization Program (NSP) was established through this legislation and funding is provided for the project through the Department of Housing and Urban Development. Funding is restricted to a limited number of activities. The State of Washington received $28.16 million in funding through its State CDBG Program, which will contract with local jurisdictions that are eligible for funding. The City of Kent is eligible for $475,264 and will use NSP funds to purchase and rehabilitate a single-family residential property that has been foreclosed in a Kent neighborhood that has a high LISC zip code level foreclosure and need score. After rehabilitation, y Parks and Human Services Committee Page 2 Minutes of April 16, 2009 Page 3 the property will be sold to a family with an income at/below 50% of area median income. Funding will be used for two activities: (1) Establish financing mechanisms for the purchase and redevelopment of foreclosed homes and residential properties; i.e., 0% or low-interest loans and for down payment assistance; and (2) Purchase, rehabilitate and sell a foreclosed residential property. The City's sub-grantee will purchase up to two homes and assist up to two families. The first homebuyer will be a family with an income at/below 50% of area median income, based on HUD income qualification system. If two homes are purchased, the second homebuyer will be a family with an income at/below 120% of area median income. Information on family size & income will be documented in files. The proceeds will be used to purchase additional homes. The plan is to keep turning over houses and use the proceeds to purchase more houses. Applicants must attend financial literacy class. A contract agency will be hired to run the program, so an RFP will be advertised. Tim Clark shared his concern over diminishing proceeds from the house as the economy is restored and values increase. He questioned how the program will continue if there aren't enough funds. Jeff responded that the program is not expected to be ongoing. As directed by the administrator, funds must be spent entirely and in an expeditious manner. Item #7• First Quarter Division Reports and Contributions Report As evidenced by the quarterly division report, many activities and programs occurred during the first three months of the year. Athletic team registration is still strong and sponsorships take care of reduced fee needs. The Contributions Report reflects $26,138.00 from donations of in-kind items, materials, supplies and cash. This report shows the total in donations/contributions less than $5,000.00 and Council approval is not required to expend. Debbie Ranniger asked for an update on the final art piece along 2nd Avenue at Town Square Plaza. Jeff responded that the artwork is still in fabrication and he will get back to her with an exact date. Tim Clark inquired if the city still has a bicycle re-distribution program. Impounded bikes were offered at the city's auction during Cornucopia Days, but that event was cancelled a few years ago. Lori Flemm suggested contacting the Police Department because they have sponsored a bicycle program in the past. Item #8: Director's Report There are 83 teams playing at the T-Ball/Toss Ball Jamboree at Wilson Playfields on' Saturday. Earth Day is April 25, from 9:00 a.m. -1:00 p.m. at Lake Fenwick Park. 150 volunteers have registered to assist in the park clean up. Parks and Human Services Committee Page 3 Minutes of April 16, 2009 Page 4 Arbor Day is April 25, from 9:00 a.m. to 12:00 p.m. at West Fenwick Park. The Parks Department is currently conducting a brief on-line survey to let us know how the citizens would like to see Kent Parks develop over the coming years. I Citizens can offer input on the Parks web site through early June. There have been 316 responses so far. The focus is on parks needs, use programs, and maintenance. The survey is available on the city's website at www.kentparks.com, I or hard copies at Kent Commons, the Senior Activity Center, Resource Center and Parks Administration Offices. Comments will help shape the future of our parks in the next version of the Comprehensive Parks and Recreation Plan. The last time this survey was done, it lead to our ice arena, so input really matters and can lead to dramatic changes for the citizens of Kent. I In an effort to discourage graffiti, staff advertised a request for applications from I artists to paint the bowl of the West Hill Skatepark. The deadline for applications is April 30. For more information, call 253-856-5110. I An Off Leash Dog Park Open. House is scheduled for Wednesday, June 3, from 6:30 j p.m. to 8:30 p.m. at the Phoenix Academy (11000 SE 264th St.). Public input will assist in narrowing down to two sites from six potential sites on East Hill. The Washington Recreation & Park Association WRPA selected Town Square Plaza g ( ) as "Best Park for 2009" in its class (population 35,000+). The award will be presented at the association's annual awards banquet, Thursday, April 30, at the Spokane Conference Center. Jeff thanked the Rotary Club for their assistance in purchasing the granite water sphere, and to Council and Parks staff for their contributions. j Housing and Human Services Division staff, City of Renton staff and South King I Council of Washington, hosted a meeting to bring South King County agencies together to discuss the current funding situation for human service programs. A full report will be presented at the City Council Meeting on April 21. Safe Havens Supervised Visitation Center is at risk due to lack of 2010 funding from the County and State. Existing funds will last until September 30, 2009. Staff has put out an "all call" to courts, advocates of courts, and agencies to work together to i find a solution to keep this valuable center in operation. Tim Clark asked about the status of the Riverbend Golf Complex since construction. i Jeff responded that the entire course has officially been open since April 1. The trails have been open since construction was completed in fall 2008. Staff continues to receive rave reviews from players, which is reflected in the high course numbers. The Rainier Symphony will not be performing this year at the 4th of July Splash Celebration, but recorded music will be provided. Council suggested using the Splash event to promote the "I can" campaign. ? V Parks and Human Services Committee Page 4 } Minutes of April 16, 2009 Page 5 Page 5 Jeff shared some of the free events offered to the public throughout the summer: Summer Concert Series provides four concerts per week, Big Blue Bus provides access to PCs, and there are three movie nights this summer at Town Square Plaza. All events are posted on the city's web site, in the Summer Guide, and on posters distributed throughout the city. The meeting adjourned at 5:42 p.m. Respectfully submitted, Teri Petrole Committee Council Secretary Parks and Human Services Committee Page 5 Minutes of April 16, 2009 1 PUBLIC WORKS COMMITTEE MINUTES May 04, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger and Committee Member Debbie Raplee were present. Ron Harmon was absent due to a family emergency. The meeting was called to order at 5:07 p.m. ITEM 1- Approval of Minutes Dated April 20, 2009: Committee Member Raplee moved to approve the minutes of April 20, 2009. The motion was seconded by Ranniger and passed 3-0, with councilmember Harmon's concurrence. ITEM 2 — 2009 Digital Aerial Photoaraphy Project/Contract w/Mapcon Mapping Inc: Design Engineering Manager, Mark Howlett noted that every two to three years the City of Kent hires a firm to produce aerial photography of the City and surrounding areas. The existing photography was flown in 2006. The contract with Mapcon Mapping Inc is to assemble the aerial photographs into one large photo montage, remove distortion and align the photo with the City's surveying coordinate system. Howlett went on to explain that these photographs form a vital part of the City's Geographic Information System (GIS) and are used in various ways by all departments in the City. Raplee moved to recommend authorizing the Mayor to sign a contract with Mapcon Mapping Inc. for $114,250 for aerial photographic mapping services upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Ranniger and passed 3-0, with councilmember Harmon's concurrence. ITEM 3 — Cascade Mobile Villa Property Acquisition & Condemnation for the Lake Meridian Outlet: Environmental Engineer II, Beth Tan explained that The Lake Meridian Outlet Project is a partnership with the US Army Corps of Engineers through the Green/Duwamish Ecosystem Restoration Program. This particular condemnation ordinance and purchase agreement is for an Environmental Easement at the Cascade Villa Associates for the Lake Meridian Outlet Project. The condemnation area is approximately 3.9 acres of wetland on the western portion of the property. The City is not including any mobile home lots within the easement area. This is the third phase of the Lake Meridian Outlet Project which includes flood protection, water quality improvements of the lake outlet, fish habitat and wetland restoration. Raplee moved to recommend approval of the attached Purchase Agreement and Condemnation Ordinance for the Environmental Easement at the Cascade Mobile Villa Associates Property upon concurrence of the language therein by the Public Works Director and the City Attorney. The motion was seconded by Ranniger and passed 3-0, with Harmon's concurrence ITEM 4 — Interlocal Agreement between Kina County & the City of Kent — Transfer of two County-Owned Properties: Development Manager, Mike Gillespie stated that the City and the County entered into an Interlocal agreement relating to improvements on Southeast 240t" Street in May of 1996. The County acquired two properties for use as drainage facilities. The County wishes to transfer the parcels to the city so that the City can properly maintain them. Page 1 of 4 U:\PWCommittee\Minutes\PWMinutes 03 02 09.doc 2 PUBLIC WORKS COMMITTEE MINUTES May 04, 2009 l f Raplee moved to authorize the Mayor to sign the Interlocal Agreement between King County and the City of Kent relating to the transfer of two County owned parcels used principally for drainage, to the City of Kent. The motion was seconded by Ranniger and passed 3-0, with Harmon's concurrence. ITEM 5 — 2009 Design & Construction Standards & Adoption of Ordinance: Development Manager, Mike Gillespie went over the street lighting issues that were raised at the April 16, 2009 Public Works Committee meeting. He then went over the events that have led up to today's request, which is to get approval of the referenced amendments and repeal City Code regarding side sewers. Gillespie answered councilmember's and audience questions. Added Items: Mel Roberts spoke on behalf of the Bicycle Advisory Board, he asked about the following issues; which were addressed: • Shared travel lanes and marking of them. • Detector loops in bicycle lane @ James & 64tn Ranniger thanked Roberts for his rigor in staying on top of issues. Gillespie will meet with Roberts to further discuss his concerns. Garrett Huffman: Spoke on behalf of the Master Builders Association (MBA); he stated that the builders that implement the Code can't support the cost. He further stated that he was very pleased with the discussion the MBA had with the City. He asked if the lighting section could be pulled from the Construction Standards. Susan Jensen, from the City Attorney's office stated that the Standards could not be piecemealed but that an amendment could be done at a later date for any sections of the Construction Standards. ti Gary Nomensen: Spoke on behalf of PSE giving the City kudos for getting on board with sustainability. PSE did not concur with the Street Lighting Cost Matrix that Blanchard handed out. Raplee moved to recommend that Council adopt the amendment of KCC 6.02 to adopt the 2009 City of Kent Design & Construction Standards, repeal KCC.7.08, regarding side sewers, adjust the threshold amount for mitigation requirements, and incorporate regulation of grading and excavation into the Standards. The motion was seconded by Ranniger and passed 3-0, with Harmon's concurrence. ITEM 6— Residential Traffic Calming/Erin Glade Development (SE 272"d Place): Transportation Engineering Specialist, Rob Knutsen briefly went over the history and showed slides l of the Erin Glade development which has 760 homes. He stated that the City would like to see a neighborhood program formed. Design Engineering Supervisor Chad Bieren said that the program is working in this neighborhood; two speed watches have been conducted, as well as a speed study and letters went out to people that were caught going over the speed limit in this area. Bieren said that this is a good example of how the program works. I Staff recommends that Phase 1 be continued. Page 2 of 4 U:\PWCommittee\Minutes\PWMinutes 03 02 09.doc 3 PUBLIC WORKS COMMITTEE MINUTES May 04, 2009 Added Items: Jim Pemberton, (resident of Erin Glade Development) said that with 200 speeders through this area each day he would like to see the City hold off on making a decision at this time. Further discussion ensued. Pemberton gave committee members e-mails from residents as well as a petition. Pemberton also mentioned that 269th has the same speeding issues. Scott Clark: (resident of Erin Glade Development) talked about threshold - he attended the meeting because his neighborhood is unique, narrow roads, odd curbs, speed limit is 25 MPH (he feels is too fast). He would like to see speed humps installed and feels that would solve the problem. Tom McLaughlin (resident of Erin Glade Development) is the parent of a deaf child that lives in the Erin Glad Neighborhood. He stated he has to park in the road in order to slow people down. He would like to see speed humps and a deaf child sign be placed in the area. Mel Roberts suggested that perhaps a traffic calming circle would be an option. Gebeyaw Berhanu, doesn't allow his children to play in the front yard. He would like to see speed humps or open S 114tn Chad clarified what the 85th percentile means in the traffic study. He went on to explain the difference between Phase 1 and Phase 2. He said that S 114th is slated to be a park and was never intended to be opened. Ranniger said she didn't want to see this studied for the next two years. No Motion was made at the time. It was decided to come back at a later date once other options have been looked at. ITEM 7 - Contract Renewal/Plemmons Industry - Signal & Lighting Maintenance Shop: Public Works Director, Larry Blanchard stated that staff had completed its research for the Retired Emissions Testing Facility (RETF) located at 407 Washington Avenue. The facility was purchased by the Fire Department for use as a future Fire Station. It currently houses Police and Fire equipment. Blanchard explained the analysis that Councilmembers asked staff to prepare regarding the above mentioned site. Blanchard requested that the three year lease with Plemmons Industries be continued. Raplee moved to authorize the Mayor to execute a Lease Agreement with Plemmons Industries, for a period of 3 years to lease warehouse space to be used as the Traffic Signal and Streetlight Maintenance facility per attached lease agreement subject to revision as may be agreed by the City Attorney and Public Works Director. The motion was seconded by Ranniger and passed 3-0, with Harmon's concurrence. ITEM 8 - Garbage Recycling Yard & Food Waste Collection & Disposal Draft Request for Proposal Process (RFP) Update: Environmental Conservation Supervisor, Kelly Peterson presented a brief PowerPoint presentation regarding the existing Solid Waste and Recycling contracts with Allied Waste and Waste Management noting that the contracts expire on March 31, 2011. Staff has prepared a Request for Proposals (RFP) that includes several alternatives and addresses environmental sustainability goals adopted by Council. No Motion Required - Information Only Page 3 of 4 U:\PWCommittee\Minutes\PWMinutes 03 02 09.doc 4 PUBLIC WORKS COMMITTEE MINUTES May 04, 2009 ITEM 9 — Information Only/Department of Health (DOH) Recognition "Friends of Water": Public Works Director, Larry Blanchard shared that Brad Lake as Public Works Water Superintendent promoted the idea of Kent providing certified operator services to neighboring water systems ' needing help. He devoted personal time to help resolve their water issues, which resulted in better protection of the city's wellhead. He also is an active member of regional planning groups. Sean Bauer, Kent's Water Quality Supervisor, has facilitated many of the improvements to failing systems surrounding Kent. In addition to working for the city, Sean provides contract operator services to three small public water systems. Sean is also a member of our Operator Certification Advisory Committee and active in promoting drinking water issues. Both men are making a difference in their community and beyond and merit our Thanks. No Motion Required — Information Only Adiourned: The meeting was adjourned at 7:35 p.m. Next Scheduled Meeting: Monday, May 18, 2009 at 5:00 p.m. Cheryl Viseth, Public Works Committee Secretary I i I I Page 4 of 4 U:\PWCommittee\Minutes\PWMinutes 03 02 09.doc CONTINUED COMMUNICATIONS A. ItiyL �rr� EXECUTIVE SESSION �S . t ACTION AFTER EXECUTIVE SESSION