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City Council Meeting - Council - Agenda - 07/07/2009
amAlh to yl1 1t of Kent j � Cue id lye 'i ng "p, Ity cou July 7. 2009 Mayor Suzette Coolie Debbie Raplee, Council Presi e t, Counc lmembers Elizabeth Albertson Ron Harrison Tim Clary Deborah R, nniger Jamie Danielson Les Thomas' SCENT W A S H I N O T O N City Clerk's Office I KENT CITY COUNCIL AGENDAS ��KNT July 7, 2009 WASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas ********************************************************************** 1 COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Regional Fire Authority Fire Chief Schneider 45 minutes 2. Intergovernmental Issues Michelle Witham 10 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. P 1. CALL TO ORDER/FLAG SALUTE ��r 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. Legislative Update by Senator Claudia Kauffman D. Historical Society Update E. Employee of the Month 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Kent Lions Storage Sublease Agreement Addendum Number Two - Authorize D. Biological Assessment Study Contract - Authorize E. Lease Renewal Agreement for Blue Boy Reservoir - Authorize F. Transpo Intelligent Traffic Control Contract - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED G. Lake Meridian Outlet Project Quit Claim Deed - Approve H. Tetra Tech/Lake Fenwick Water Quality Improvement Contract - Authorize I. City Council Meeting Times Ordinance - Adopt J. Schuver Estates Final Plat - Approve 7. OTHER BUSINESS r8. BIDS A. 84T" Avenue South Street Improvements (East Valley Highway) 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUEQ COMMUNI ATIONS d �iL, �,. �U Q'Y1/�C T lam! 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition B. Pending Litigation 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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EXHIBIT: PowerPoint presentation BUDGET IMPACT: None Kent City Council Workshop July7, 2009 6/29/2009 Regional Fire Authority \ Presentation City of Kent \ City Council Workshop Tuesday, July T, 2009 What is aRegional Fire Authority (RFA) • Municipal corporation and a taxing district • Whose Boundaries are Contiguous with two or more fire protection jurisdictions • Created by a vote of the people(RCW 52 20) ` • To implement a Regional Fire Protection -Q,ervice Authority(RFPSA) What - the needs or we exploring 7Ability to respond for fire and EMS emergencies has not kept up the community`s needs or special service demands • There are efficiencies gained through a regional system -While maintaining local control 1 6/2912009 What are,,the,needs or why are we exploring aRFA'?11 • Enhance o i'd- lversify our funding options� • City of Kent and King County Fire District 37 have'had a cooperative partq� ershlp since 1973 Whafare therlieed&or wh we''expl6ring'aRFA?:: • In 2007, the 04y and Fire district ict complete'd a RFA Stakeholders Report —Citizens —Union representation —Business owners —Elected officials are::the:needs or why are we explorfrig a • In 2008, after il-iiine-m6nih process, the stakeholders-'cornmitteia— Through a consensus Selected and recommended the option L—City of Kent and King County Fire District 37, "' I create 6 plan for the new entity,referred to as a RFSIPA 2 6/29/2009 July • 2008 • The Regional Fire Authority Planning Committee held their first meeting • The RFA Planning Committee consists of • City of Kent Fire District 37 -Council president -Commissioner Allan Raplee(Chairperson) Barrie -Council Member -Commissioner Mike Harmon Denbo Council Membei Clark ,-'Mayor Margaret H o Mce Chair Planning Committee • Will develop a plan that Identifies the: -Governance -Financial plan for the RFA -Capital projects -Fire Prevention,Fire Suppression and EMS Services -Pursuant to RCW 62.26.040 -Presentation and maintenance of exist' , r �f ture facilities and services I Recommendations r nd approvals by the RFA Committee • Name-The Kent Fire Department -Serving the Cities of Kent,Covington,and King County Fire District 37 • Regional Fire Authority -Governing Board • Kent Fire Department -Fire Chief 3 6/29/2009 and approvals bythe RFA Planning Committee • Recommended,Waiting f6r,approval is the Governance!Model —Three City Council persons —Three Fire District 37 Commissioners —One Advisory, non-voting positicin! \ representing the City of Covington ,Financial considerations 14 1 ,Identified Issues Relating to the RFA Plan, Responsible Party, and Timeline to Resolve Identified issues: : Issue; Asset tranittei,of facllitie181 and fire apparatus(District and City)' • Responsible Party: —Discussions with both jurisdictions —Recommendation forwarded to RFA Planning Committee for approval • Timeli ne eline — Ltyl !August Public; Safety Comm' e 4 6/29/2009 I Identified issues Issue. / -Fire Prevention,Emergency Management, 7 Fire Investigators-who will perform these functions • Responsible Party: -City of Kent-can contract for these services with the RFA •.Timefine � ugust/September Public Safety Com Ittee Identified issues • Issue -Financial Plan for the RFA • Responsible Party' -City of Kent -Kent Fire Department • Timeline -Presentation to RFAPC on July 15- I\\,recommendation to RFAPC September 2 09 Identified issues • ls5ue' -Approval Of the RFA Plan to be submitted to the voters • Responsible Party: —City of Kent Council —Fire District 37 Commissioners Timeline October/November/December 2009 5 6/29/2009 Identified • Issue. —Create the RFA by'a vote of the people • Responsible Party: —City of Kent -King County Fire District 37 • Timeltne. -April 2010 r, „ Identified: Issue- -Implement they RFA Plan • Responsible Party; —Regional Fire Authority Governing,Board Kent Fire Department • Timeline"' -July 2010 `,c-Same budget for,2010 J,,,-}�F budget on January 1,2011 6 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 PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) LEGISLATIVE UPDATE BY SENATOR CLAUDIA KAUFFMAN D) HISTORICAL SOCIETY UPDATE E) EMPLOYEE OF THE MONTH Kent City Council Meeting Date July 7. 2009 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: I Councilmember moves, Councilmember � \ seconds to approve Co sent Calendar Items A through J. Discussion Action 6A. Auuroval of Minutes. Approval of the minutes of the regular Council meeting of June 16, 2009. 6B. Aouroval of Bills. Approval of payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 16, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount 5/31/09 Wire Transfers 3743-3759 $1,533,094.70 5/31/09 Regular Checks 632670-633124 2,994,039.06 Use Tax Payable 1,449.52 $4,528,583.28 Approval of checks issued for payroll for May 16 through May 31 and paid on June 5, 2009: Date Check Numbers Amount 6/5/09 Checks 312109-312399 $ 197,379.70 6/5/09 Advices 249637-250418 1,584,339.39 $1,781,719.09 Approval of interim payroll for June 6, 2009: Date Check Numbers Amount 6/8/09 Void Check #'s 309484,309485,309486 Void Check #'s 311042,311935,312007 -380.94 6/8/09 Reissue Voids 312400-312405 380.94 0 r rKent City Council Meeting KENT W A S H I N G T O N June 16, 2009 1 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) The colors were posted and the flag salute led by Girl Scout Troop 52250. CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) COA Hodgson cancelled the Executive Session. B. From the Public. (CFN-198) Paul Morford, P. O. Box 6345, Kent, asked to speak regarding Consent Calendar Item R, the Multifamily Residential Tax Exemption Ordinance. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) There were no items for public recognition. B. Community Events. (CFN-198) Ranniger mentioned the free summer fun brochure available at public facilities and the 4tn of July Splash. Mayor Cooke announced the Kent Downtown Partnership annual banquet and auction on Saturday, and the International Festival on June 27. C. Legislative Update. (CFN-198) Mayor Cooke announced that Senator Claudia Kauffman is unable to attend tonight's meeting as scheduled and that she will attend the July 7 meeting. D. North Park Neighborhood Council Presentation. (CFN-1304) Neighborhood Program Coordinator Toni Azzola announced that the North Park Neighborhood Council has been formed. After explaining the program, she introduced representa- tives of the neighborhood. Mayor Cooke welcomed them with a Certificate. E. Introduction of Appointee. (CFN-122) Mayor Cooke introduced Lorraine Patterson, her appointee to the Civil Service Commission. Ms. Patterson noted that she has been a member of the Mayor's Advisory Team and that serving on the Civil Service Commission is another way to contribute to the community. F. IMAX Theatre Proclamation. (CFN-155) Mayor Cooke announced that IMAX has come to the AMC theatre. She then read a proclamation welcoming them and presented it to Janet Wainwright. ' G. Public Safety Report. (CFN-122) Police Chief Strachan updated the monthly statistics and presented four separate awards to various Police personnel. CONSENT CALENDAR Raplee moved to adopt Consent Calendar Items A through Q. Clark seconded and the motion carried. ' 1 Kent City Council Minutes June 16, 2009 A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of ' June 2, 2009, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through April 30 and paid on April 30, after auditing by the Operations Committee on June 2, 2009, were approved. ' Approval of checks issued for vouchers: Date Check Numbers Amount , 4/30/09 Wire Transfers 3698-3716 $1,773,210.67 4/30/09 Regular Checks 631592-632260 4,636,341.58 ' Use Tax Payable 3,344.99 $6,412,897.24 Payment of the bills received through May 15 and paid on May 15, after auditing by ' the Operations Committee on June 2, 2009, were approved. AAgproval of checks issued for vouchers: ' Date Check Numbers Amount 5/15/09 Wire Transfers 3717-3742 $5,125,720.84 5/15/09 Regular Checks 632261-632669 1,817,910.55 Void Checks 632656/632630 -71435.00 Use Tax Payable 3,568.55 $6,9 39,764.94 Interim checks issued for payroll for April 21 and paid on April 21, were approved: Date Check Numbers Amount 4/21/09 Checks 311461-311462 $579.07 Checks issued for payroll for April 16 through April 30 and paid on May 5, 2009, were approved: Date Check Numbers Amount 5/5/09 Checks 311463-311779 $ 194,539.26 5/5/09 Advices 248081-248856 1,556,875.92 $1,751,415.18 Checks issued for payroll for May 1 through May 15 and paid on May 20, 2009, were approved: Date Check Numbers Amount 5/20/09 Checks 311780-312107 $ 184,734.59 5/20/09 Advices 248857-249636 1588,601.75 $1,773,336.34 5/20/09 Void Check 312055 -121.24 2 Kent CityCouncil Minutes June 16, 2009 ' Interim checks issued for payroll for May 21 2009 were approved: v rN Date Check Numbers Amount 5/21/09 Void Check 311444 $-269.31 5/21/09 Reissue Check 312108 269.31 0 C. Civil Service Commission Appointment. (CFN-122) The Mayor's appoint- ment of Lorraine Patterson to the Kent Civil Service Commission was confirmed. Ms. Patterson's term will expire on April 30, 2012. D. S.E. 282"d Street, No Parking Prohibition Ordinance. (CFN-171) Ordinance No.3916 amending section 9.38.020 of the Kent City Code to add a new parking prohibition on Southeast 282"d Street from 132"d Avenue Southeast to 144c" Southeast was adopted. E. Materials Testing and Inspection Services Contract. (CFN-1038) The Mayor was authorized to sign the Jason Engineering & Consulting Business, Inc. contract for construction inspection and materials testing for the East Valley Highway project in the amount of $193,694, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. La Fitness aka Holmes Electric Bill of Sale. (CFN-484) The Bill of Sale for LA Fitness, aka Holmes Electric, conveying 2 gate valves and 1 hydrant was accepted. G. La Fitness Bill of Sale. (CFN-484) The Bill of Sale for LA Fitness, conveying 742.42 linear feet of new street, 1 storm sewer manhole, 8 catch basins, and 513 linear feet of biofiltration swale was accepted. H. Van Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Van Short Plat conveying 213 linear feet of frontage improvements, 3 catch basins, and 85 linear feet of storm sewer line was accepted. I. Schuver Estates Bill of Sale. (CFN-484) The Bill of Sale for Schuver Estates conveying 4 gate valves, 2 hydrants, and 366 linear feet of waterline; 5 sanitary sewer manholes and 530 linear feet of sewer line; 360 linear feet of new street; 257 linear feet of frontage improvement; and 2 storm sewer manholes, 11 catch basins, and 896 linear feet of storm sewer line was accepted. J. Haley's Ridge Bill of Sale. (CFN-484) The Bill of Sale for Haley's Ridge conveying 9 gate valves, 2 hydrants, and 1140 linear feet of waterline; 9 sanitary sewer manholes, and 1025 linear feet of sanitary sewer line; 651 linear feet of new street; 4 storm sewer manholes, 8 catch basins, and 772 linear feet of storm sewer line was accepted. K. Grewal Two Bill of Sale. (CFN-484) The Bill of Sale for the Grewal Two Short Plat, conveying 3 sanitary sewer manholes, 295 linear feet of sanitary sewer line; 315 linear feet of new street; 1 storm sewer manhole, 5 catch basins, and 490 linear feet of storm sewer line was accepted. ' 3 Kent City Council Minutes June 16, 2009 L. 200 -2010 FlexPass Pro ram Agreement. (CFN-171) The Mayor was authorized to sign the FlexPass Program Agreement for 2009-2010 in the amount of $37,950. M. Inmate Confinement and Kent Corrections Facility Programs Ordinance. (CFN-122) Ordinance No. 3917, which amends chapters 2.34 and 9.34 of the Kent ' City Code regarding inmate confinement and Kent Corrections Facility programs was adopted. N. Impoundment of Vehicles Used in Prostitution Crimes Ordinance. (CFN-122) Ordinance No. 3918 amending section 9.02.310 of the Kent City Code to provide for the impoundment of vehicles used in high risk prostitution areas for suspected prostitution crimes as authorized by recent legislative enactment by the Washington State Legislature was adopted. O. Prohibition of Attendance at Illegal Street Races Ordinance. (CFN-122) Ordinance No. 3919 amending sections 9.42.020 and 9.43.030 of the Kent City Code to expand the prohibition against race attendance at all illegal street races, to designate additional No Racing Zones, and to make minor housekeeping changes to alphabetize the designated No Racing Zones was adopted. P. Boating Safety, Washington State Parks and Recreation Commission Grant. (CFN-122) The Boating Safety grant from the Washington State Parks and Recreation Commission in the amount of $12,730 was accepted, the budget amended, and the Mayor was authorized to sign all necessary documents. Q. North Park Neighborhood Council Resolution. (CFN-1304) Resolution No. 1808, recognizing the North Park Neighborhood Council, supporting its community building efforts, and confer on it all opportunities offered by the City's Neighborhood Program was adopted. R. Multi-Family Residential Tax Exemption Ordinance. (CFN-131/104) The proposed ordinance would allow for changes to the tax exemption incentive program to include both condominium and rental housing. Clark moved to approve Ordinance No. 1808 amending Kent City Code Chapter 3.25 entitled "Multifamily Dwelling Tax Exemptions". Albertson seconded. Clark explained the historical background of multifamily dwellings, and noted that this is a special type of development in a special type of zone. Albertson stated that this will bring the type of development that is desired to downtown Kent. Upon a friendly amendment made by Clark, seconded by Albertson, and passed, the ordinance number was changed to from 1808 to 3920. The motion to adopt Ordinance No. 3920 then carried. It was clarified that this item was not removed from the Consent Calendar and that the public has had opportunities to provide input at committee meetings. Mayor Cooke explained that this is located in the downtown central zone, bordered by the Valley Freeway on the west, Titus on the east, James on the north, and Willis on the south. 4 ' Kent City Council Minutes June 16, 2009 Later in the meeting, Mayor Cooke said further discussion of this item will be held under Continued Communications. When the subject was brought up under ' Continued Communications, it was noted that Greg Gorder and John Kohler, who had signed up to speak, had left the meeting prior to the announcement of further discussion on this issue. Paul Morford, P. O. Box 6345, Kent, said residents of Kent should not subsidize apartments. Bob Jordan, 415 Alpine Way, Kent, said he was notified of this meeting just today and suggested providing notice in some way other than the Kent Reporter. He voiced concern about more apartments and more traffic, and asked that this item be tabled so that citizens can make input. Albertson explained that the committee met about this topic three times in recent months, at which time they received a great deal of input from citizens. OTHER BUSINESS A. Panther Lake Annexation. (CFN-1309) On September 2, 2008, the Kent City ' Council adopted Resolution No. 1794 which declared Council's intent to submit the Panther Lake Annexation to voters. In furtherance of annexation, the City submitted its Notice of Intent to the Washington State Boundary Review Board for King County on September 5, 2008. After conducting a public hearing on the proposed annexa- tion, the Boundary Review Board approved the City's proposed annexation on November 13, 2008, and no appeals to that decision were made. Council's adoption of the proposed resolution will place the annexation issue before voters within the Panther Lake Annexation Area at the November 3, 2009, general election. The resolution additionally authorizes the Mayor to take those steps reasonably necessary to proceed with the election, and all post-election action required by law, should the annexation be approved by voters. Community Development Director Satterstrom described the area, gave the history of the annexation, and explained the annexation election process and timeline. He pointed out that the last page of the legal description was inadvertently omitted from the agenda. He provided copies of that page to Councilmembers, and Clark moved to make page 9 of the legal description for the Panther Lake Annexation Area a part of the resolution and a part of the public record. Harmon seconded and the motion carried. Satterstrom clarified that if the election is successful, the effective date would be July 1, 2010, and that if the election is not successful, property owners could submit a petition for annexation. Arlene Jensen, 13224 SE 230th, said she has heard negative comments about the permit process and that she's been told there will be more fees and more regulations. Clark pointed out that King County is having budget problems and has raised fees, and that the city fees are actually lower. Mayor Cooke noted that residents would have the same water and sewer provider as they have currently, and that the city's utility tax would be approximately the same as their current provider. Public Works Director Blanchard said water and sewer providers would not change and any properties who don't currently have sanitary sewer on septic would be under the Soos Creek jurisdiction. He said the city would provide street maintenance and drainage maintenance, and that it is less costly than the county's. Thomas mentioned that 5 Kent City Council Minutes June 16, 2009 police service would be improved by annexing to the city. Ranniger pointed out that the current garbage service would remain in place until it expires in several years. Mayor Cooke emphasized that the residents will vote on whether to annex, and , explained that the permit process has been reviewed and that the Council is considering organizational changes in order to help streamline that process. Marci Wainhouse, 11403 SE 204t", spoke in favor of the annexation, saying that services from the city will be better than those provided by the county. She said she will launch an information campaign in July. Tyler Page, 21024 132"d Avenue SE, said annexation would be good for the city, since the annexation area has a lot to offer in terms of diversity, stability, and maturity. CAO Hodgson noted receipt of an email from Reverend Marvin Eckfeldt in support of the resolution calling for a November ballot measure on this issue. Clark moved to make the letter a part of the record. Harmon seconded and the motion carried. Albertson said she is excited that this is a free election of the people who live in the area, and explained that this is the time for ' residents to gather their own information. Raplee moved to adopt Resolution No. 1809 setting the vote on the Panther Lake ' Annexation for the November 3, 2009, general election; stating the ballot proposition that will address annexation only and not assumption of existing indebtedness or approval of proposed zoning; authorizing the Mayor to administer all acts necessary to bring the election proposition before voters; and authorizing the Mayor to take all post-election action required by law if the annexation is approved by voters. Harmon seconded. Thomas noted that if the annexation were to go through, Kent would be the fifth largest city in the state and the second largest city in the county, which would be advantageous. Danielson and Harmon emphasized that the city would be able to maintain services for both the current residents and the newly annexed residents. The motion then carried unanimously. B. Comcast Add-On Fee. (CFN-1109) Dea Drake, Multimedia Manager, explained that the FCC has allowed Comcast to charge an add-on fee in the amount of $1.16 per month to recover their costs of upgrading to a fiber optic system. The City's Information Technology Department believes that Comcast has recovered its actual costs and that this add-on fee should be dropped, as it has in surrounding cities. Ranniger moved to adopt Resolution No. 1810 issuing a rate order requiring Comcast to drop its network add-on fee beginning July 1, 2009, and preserving all other City rate regulatory rights. Raplee seconded and the motion carried. C. Economic and Community Development Department. (CFN-198) Pursuant to discussion before the City Council at their June 2"d meeting, the Mayor has prepared the proposed ordinance which would restructure and reorganize City , departments to bring all permitting and economic development functions within one newly created department, the "Economic and Community Development Department". Albertson moved that this item be removed from tonight's agenda and moved to the ' Planning and Economic Development Committee for action. Clark seconded. Raplee stated that Council in general agrees with the change, but sending it to committee will , 6 Kent City Council Minutes June 16 2009 provide an opportunity to study the details and understand the impact to the city. Harmon spoke in favor of the motion in order to provide a opportunity for debate. Albertson requested that the information mentioned in the proposed ordinance be provided at the committee meeting. Thomas spoke in opposition to the motion and voiced concern about the process that was used. Danielson also spoke against sending the item to committee, stating that there is no substantive reason to do so. Ranniger concurred with Thomas and Danielson. It was noted that the next committee meeting will be on July 13. The motion then carried 4-3 with Albertson, Clark, Harmon and Raplee in favor, and Danielson, Ranniger and Thomas opposed. BIDS A. West Valley Hiahway Sanitary Sewer Replacement. (CFN-1038) The bid opening for this project was held on June 3, 2009, with six bids received. The low responsive bid was submitted by Riverton Construction in the amount of $120,949.87. The Engineer's estimate was $126,547.35. The bid submitted by Kamins Construction was non-responsive. The Public Works Director recommends awarding this contract to Riverton Construction. Mark Howlett, Design Engineer Manager, explained that damage to the sanitary sewer line was done by a private contractor, who accepts responsibility for the damage. He added that the low bidder was non-responsive in that he did not provide some very important information in the bid forms. Ranniger moved to authorize the Mayor to enter into a contract with Riverton Construction in the amount of $120,949.87 for the West Valley Highway Sanitary Sewer Replacement project. Raplee seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke introduced her job shadow for the day, Shannon McClure. She then gave an update on the status of the Howard Hanson Dam. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be Thursday at 5:00 p.m. at which time the off-leash dog park will be discussed. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that the next regular meeting will be held on July 13, and that a special meeting may be held on June 29. 1 F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) Ranniger announced a special meeting to be held on Tuesday, June 23rd H. Administration. (CFN-198) Hodgson reminded Councilmembers that there will be no Executive Session. 7 Kent City Council Minutes June 16, 2009 ADJOURNMENT The meeting adjourned at 9:00 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 8 Kent City Council Meeting Date July 7, 2009 Category Consent Calendar - 6C 1. SUBJECT: KENT LIONS STORAGE SUBLEASE AGREEMENT ADDENDUM NUMBER TWO - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Addendum Number Two for the Sublease Agreement with the Kent Lions for a portion of the property leased by the City at 715 W. Smith. The City leases the property located at 715 W. Smith from Charlie Perkins. Since 2006, the Kent Lions has subleased a portion of this property for office space, storage space, and outdoor parking for its trailer. This addendum extends the lease through March 31, 2010, and allows the parties the option to further extend the lease for one additional year. 3. EXHIBITS: Amendment Number Two 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ADDENDUM TWO TO SUBLEASE AGREEMENT BETWEEN THE CITY OF KENT AND KENT LIONS CLUB THIS ADDENDUM TWO between the CITY OF KENT ("Sublessor") and KENT LIONS CLUB, a community service organization, (,Sublessee ) amends that certain Sublease Agreement entered into between Sublessor and Sublessee on or about the May 5, 2006,-along with Addendum One to Sublease executed on June 6, 2008 (collectively the "Sublease"). The Sublessor and Sublessee agree and covenant as follows: 1. Extension. Sublessee has requested, and the Sublessor has agreed, to exercise the option to extend the Sublease by one (1) year pursuant to Section 4 of the Sublease. The Sublease extension shall be for a twelve (12) month term and shall commence on April 1, 2009 (the "Commencement Date") and shall end on March 31, 2010 (the "Termination Date"). 2. Option to Extend. Upon agreement by both parties to extend the Sublease, the Sublease may be extended for up to one (1) additional one (1) year period ("Option Terms"). Sublessee must give the Sublessor ninety (90) days written notice if it will be seeking such an extension of the term. Any Option Terms will be on the same terms and conditions, except that the rent paid will be in accordance with Section 5 of the Sublease, and that utilities will be paid in accordance with Section 7of the Sublease. 3. Rent. Section 5 of the Sublease shall be deleted in It's entirely and it shall be replaced with the following: Rent. Sublessee shall pay to Sublessor monthly rent for the term of the extension in the amount of Eight hundred sixteen and 79/100 dollars ($816.79) in advance, on or before the first day of each and every calendar month during the term of this extension of the Sublease. Rent for any partial months will be prorated on a per diem basis. If Sublessee exercises its option to extend this Sublease, Sublessee will pay to Sublessor during each Option Term, a monthly sum increased effective as of each anniversary of the Commencement date (the "Adjustment Date") by an amount equal to the greater of four (4) percent or the percentage increase in the CPI two (2) months prior to the Adjustment Date and the CPI for the month 12 months prior to the Adjustment Date. "CPI" means the Consumer Price Index - All Urban Consumers, U.S., All Items, base period 1982- 84=100, Not Seasonally Adjusted, U.S. City Average, issued by the U.S. Bureau of Labor Statistics. If the CPI is converted to a different standard reference base, or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the U.S. Bureau of Labor Statistics. ADDENDUM TWO TO SUBLEASE AGREEMENT - 1 (April, 2009) (Between the City of Kent and Kent Lions Club) 4. Utilities. Section 7 of the Sublease shall be amended as follows: In addition to monthly rent, Sublessee will pay a monthly prorated share of Sublessor's electricity expenses of $55.00 per month. The amount is based on the percentage of square feet (1400 sq. ft.) for the storage building and office space of the Sublease Premises in relation to the total square feet of the building premises under the Prime Lease. If Subleasee exercises its option to extend this Sublease, Sublessee will pay to Sublessor during each Option Term, a monthly sum, increased effective as of each anniversary of the Commencement date. Payment is due on the first day of each month, for the duration of the Sublease. 5. Certification. Sublessee hereby certifies to Sublessor that the Sublease is in full force and effect; that there are no uncured defaults on the part of the Sublessor under the Sublease. 6. Entire Agreement. Except as amended by this Addendum Two, all provisions of the Sublease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum Two, which shall take effect on the last date signed below. SUBLESSOR: SUBLESSEE: CITY OF KENT KENT LIONNS LUB Y• Y• B B Print Name: Suzette Cooke Print Name: S Its: Mayor Its: ppafC;rVrl Date: Date• !I l a 2 .40q (Notary Acknowledgements Appear on Next Page) ADDENDUM TWO TO SUBLEASE AGREEMENT - 2 (April, 2009) (Between the City of Kent and Kent Lions Club) STATE OF WASHINGTON ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing 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 ) I hereby certify that I know or have satisfactory evidence that G�L U9'e_5}co+-+ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/s a is authorized to execute the instrument on behalf of KENT LIONS CLUB as its i`, Y ec A-O r , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea/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 PUBLI , In and for the State of Washington residing at a 4d.2 c". My appointment expires l0 P:\ ivji\riies\upenriies\ujt).-)-zuuy\rentuonu - enasemoc ADDENDUM TWO TO SUBLEASE AGREEMENT - 3 (April, 2009) (Between the City of Kent and Kent Lions Club) Kent City Council Meeting Date July 7, 2009 Category Consent Calendar - 6D 1. SUBJECT: BIOLOGICAL ASSESSMENT STUDY CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement with Shannon and Wilson, Inc. in an amount not to exceed $19,360 to perform a Biological Assessment Study for the South 259th Street Raising project. The goal of the South 259th Street Raising Project is to improve flood protection in the valley and remove about one-third of the valley from the FEMA floodplain. i 3. EXHIBITS: Public Works Memorandum dated 6/11/09 and Contract 4. RECOMMENDED BY: Public Works (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: j7 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 11, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 23, 2009 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Contract with Shannon and Wilson, Inc to Perform a Biological Assessment Study - South 259th Street Raising Project Motion: Move to recommend authorizing the Mayor to sign a contract with Shannon and Wilson, Inc. to perform a Biological Assessment Study for the South 259th Street Raising project, upon concurrence of the language therein by the Public Works Director and City Attorney. Summary: In September 2007, the Federal Emergency Management Agency (FEMA) issued Preliminary Flood Insurance Rate Maps which indicated much of the Kent Valley was mapped in the floodplain. In March 2008, King County, the City of Kent, along with other valley cities filed an appeal to FEMA on the Preliminary Flood Insurance Rate Maps. The appeal maps showed less area in the floodplain compared to FEMA's preliminary maps; however much of the Kent Valley remained in the floodplain. The goal of the South 259th Street Raising Project is to improve flood protection in the valley and remove about one-third of the valley from the FEMA floodplain. The project will raise South 259th Street an average of 4 feet, from 88th Avenue South to 3rd Avenue South. The project also includes setting back the existing levee from 3rd Avenue South to SR 167. By raising South 259th Street and setting back the existing levee, the new road will act as a secondary levee to the existing levee at Horseshoe Bend. The City will also work to obtain certification approval from FEMA for this levee. Federal Certification will enable this project to remove a large portion of the valley from the floodplain. As part of this project, a Biological Assessment must be completed to evaluate the overall 1� impact of our proposal to Threatened or Endangered Species. The City's contract with Shannon and Wilson, Inc. will accomplish this effort. Budget Impact: There will be no unbudgeted fiscal impacts. 1 U WWCommltteeUcOonPage1200006 23 09Item doc i KENT WASH 1 N O T ON CONSULTANT SERVICES AGREEMENT between the City of Kent and Shannon & Wilson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington, located and doing business at 400 N. 34th Street, Suite 100/130 Box 300303, Seattle, WA 98103, Phone: (206) 632-8020/Fax: (206) 695-6777, Contact: Katie Walter (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the ifollowing described plans and/or specifications: The Consultant shall prepare a biological assessment for flood protection modification along S. 259th Street. For a description, see the Consultant's June 11, 2009 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2010. 1 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nineteen Thousand, Three Hundred Sixty Dollars ($19,360.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this 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. 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. 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. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the Injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.1151, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND UNDERSTOOD EXPRESSLY THAT THE R INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANTS 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 p p 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated. recycled product. B. Non-Waiver gf BEeach. 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 D u s an G v ruin Law. This Agreement shall be governed b N � 9 y Y 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 9 9 9 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. CONSULTANT SERVICES AGREEMENT- 4 (Over$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS the parties below execute this Agreement,, which shalt become p 9 effective on the last date entered below. CONSULTANT:LT NT: CITY OF KENT• By:Y• By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Katie Walter Larry R. Blanchard Shannon & Wilson, Inc. City of Kent PC Box 300303 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 632-8020 (telephone) (253) 856-5500 (telephone) (206) 695-6777 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Shannon&W4son-259M WH&Hock CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. g 9 q As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above, Dated this day of , 200�. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT 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: r1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined In the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A ALAW ® CNOURNIA ®111 SHMNON bWILLSON INC. WR FLORM GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS MMaSODUM WRMON AM MSTON June 11,2009 Mr.Toby Hallock Environmental Engineer I.. City of Kent Public Works Engineering 220 Fourth Avenue South Kent,WA 98032 ' RE: ASSISTANCE WITH A FLOOD CONTROL PROJECT ALONG SOUTH 259m STREET IN KENT,WASHINGTON lsT Dear Mar.Hallock: We appreciate this opportunity to provide the City of Kent(the City)with this proposal and cost estimate to prepare a biological assessment for flood protection modification along South 259`h Street within the Kent city limits. This proposal presents those services we understand are needed for the project to comply with Section 7 of the Endangered Species Act(ESA)and be certified by the U.S.Army Corps of Engineers(the Corps). It is our understanding that the goal of this project is to obtain certification and then acceptance of the raised roadway and newly set back levee by the Corps. Once approved by the Corps,the Federal Emergency Management Agency(FEMA)well accept these as changes to the floodplain map of the Kent Valley. This proposal and cost estimate have been prepared following correspondence with Toby Hallock,with the City,on several occasions via e.-mail and telephone. PROJECT DESCRIPTION As we understand it,the project consists of two schedules. Schedule 1 includes raising South 259`h Street to an elevation of 53.43 feet from near 88 h Avenue South west to 3d Avenue South. The raised street will act as a levee, cutting off flood waters if the levee at Horseshoe Bend fails or is overtopped. Schedule 2 of the project includes setting back the levee along the Green River from Td Avenue South west to State Route 167. We understand that the project will require the following. 400 NORTH 34TH STREET-SUITE 100 21-3-52042-001 P.O. BOX 300303 SEATTLE, WASHINGTON 98103 206.632.8020 FAX 206.695-6777 TDD: 1.800.833-6388 www shannonwilson.com Mr.Toby Hallock SHANNON OVILSON,INC City of Kent Public Works Engineering June 11,2009 Page 2 of 5 Schedule 1: Raise South 259'Street ■ Relocation of roadside ditches along the project corridor. • A small increase in impervious surfaces that will be treated at an existing stormwater , pond. Implementation of temporary erosion and sediment control(TESC)measures. ■ If necessary,improvements to an existing stormwater pond to maintain existing storage levels. Schedule 2: Existing Levee Set Back I .w • Construction occurring adjacent to the Green River, including the placement of fill below , the ordinary high water(OHW). This is limited to Schedule 2 of the project. . • Implementation of TESC measures. • If necessary,placement of fill within the Green River's 100Lyear floodplain, depicted on the FEMA Flood Insurance Rate Map (Map Panel ID 53033C1251F). We understand that Schedule 1 will not impact waters of the United States (wetlands and/or streams)and neither schedule will require modification to existing stormwater outfalls. Due t the placement o fill below a Green v D o p en f 11 ow the OHW mark o£the Gr n River as part of Schedule 2,this schedule will likely require the following additional permits: Section 404 permit under the Clean Water Act(CWA),issued by the Corps;water quality certification under Section 401 of the CWA,issued by the Washington State Department of Ecology; a hydraulic project activity $ permit from the Washington State Department of Fish and Wildlife; and a permit from the City ;, as required under the City's sensitive areas regulations. As the project is located within 100-year floodplain,mitigation will be required to create replacement floodplain. From speaking with you, it is our understanding that all of these additional permit applications, if required,will be prepared by the City. Therefore,while Shannon&Wilson can assist with these permit applications,this scope and cost estimate do not include these services. 21-3-s2042-001-L7-d xfwptCyp 21-3-52042-001 Mr.Toby Hallock SHANNON 6WILSON.ING City of Kent Public Works Engineering June l 1,2009 Page 3 of 5 SCOPE OF SERVICES Our scope of services will consist of performing the following tasks. Task 1: Schedule 1 Biological Assessment(BA) tb VI Shannon&Wilson will prepare a BA for Schedule 1 for submittal to the Corps,summarizing � potential impacts to waters of the United States(e.g., Green River, associated tributaries,and wetlands), species listed as threatened or endangered under the ESA, and essential fish habitat protected under the Magnuson-Stevens Fishery Conservation and Management Act. Based on our preliminary review,we believe the Schedule 1 design can support a"No Effect"effects determination. This effects determination assumes that no impacts to waters of the United States are required;no impact pile driving will occur;stormwater from the elevated road surface is treated prior to release; and other potential direct effects are absent. This also assumes that the Corps will also agree with the Schedule 1 "No Effect"effects determination. Once the BA has been submitted to the Corps, Shannon&Wilson will interact directly with the Corps as requested to address questions or comments they may have. Through this process,we will coordinate with the City to ensure there is open communication and clear understanding of the City's needs and the permitting agencies' requirements. �- a• Task 2: Schedule 2 Biological Assessment(BA) Shannon&Wilson will prepare a BA for the project for submittal to the Corps,summarizing potential impacts to waters of the United States(e.g., Green River, associated tributaries,and ; wetlands), species listed as threatened or endangered under the ESA, and essential fish habitat ' protected under the Magnuson-Stevens Fishery Conservation and Management Act. Based on our preliminary review,we believe that the ultimate project design will either support a"May Affect,Not Likely to Adversely Affect"or"Likely to Adversely Affect"effects determination. Without more definitive designs and greater understanding of how the project will be constructed,including timing of construction,source of fill material,and best management practices implemented to control turbidity from the placement of fill below the OHW of the i Green River,it is uncertain which of these two effects determinations can be justified. Even with these details,the Corps may consider the project"Likely to Adversely Affect"listed or threatened species. 6 21-3-52042-001-ti.a a* 21-3-52042-001 4 Mr.Toby Hallack SHANNON€aWILSON,INC. City of Kent Public Works Engineering June l 1,2009 Page 4 of 5 These two effects determinations vary significantly in level of effort and coordination with the Services(e.g.,the U.S.Fish and Wildlife Service and the National Marine Fisheries Service [the Services)). "May Affect,Not Likely to Adversely Affect"is considered informal consultation and does not require coordination with the Services. We assume the"May Affect,Not Likely to �,- Adversely Affect" determination does not require special studies,including presence/absence surveys. However,the"Likely to Adversely Affect"requires formal consultation with the Services and may result in additional requirements, such as presence/absence studies and greater erosion and sedimentation control. Once the BA has been submitted to the Corps, Shannon&Wilson will interact directly with the Corps(anal Services if necessary),as requested by the agencies to address questions or comments : they may have. Through this process,we will coordinate with the City to ensure there is open communication and clear understanding of the City's needs and the permitting agencies' requirements. ': SCHEDULE AND COSTS We are prepared to provide the services described above on a time-and-expense basis in accordance with the enclosed Standard General Terms and Conditions. Our fee for the above services ranges depending upon project details and which effects determination can be justified. The fee for both schedules is as follows: Schedule 1: Elevate 259"Street South No Effect $ 4,660 Schedule 2: Set Back Existing Levee �. May Affect,Not Likely to Adversely Affect OR ' Likely to Adversely Affect $14,700 Total $19,360 The actual cost for these services may be less but shall not exceed the above total cost. • In the event that additional services are necessary, due to changes in your request, an unavoidable elevated effects determination or other unforeseen circumstances we will notify you immediately and obtain your authorization for the additional services and costs. 21-3-52042-001-L2.aocx/wp/a1p 21-3-52042-001 Mr.Toby Hallock SHANNON VVILSON.INC. City of Kent Public Works Engineering June 11,2009 Page 5 of 5 We assume that the City will be able to provide those reports and design plans that are necessary for us to adequately assess all of the project's impacts. This includes,but is not limited to, a set of design drawings,location of staging areas,TESC and grading plan, and construction timeline. While we understand that 30 percent design drawings may not be available,we will require greater detail to assess the potential direct, indirect,cumulative, and interdependent effects from the project required within a BA. i CLOSURE Shannon&Wilson,Inc. has prepared the enclosed"Important Information About Your r Biological Assessment(BA) and/or Biological Evaluation(BE)Proposal." Although these :- documents were not written specifically for the subject property,they should be useful in assisting you and others in understanding the use and limitations of our proposals. !� We are pleased to have this opportunity to assist you with this project. If you have any questions,please contact me at(206)695-673 8. Sincerely, Y SHANNON&WILSON,INC. Katie L. Walter,P.W.S. ' Vice President Natural Resources Manager N PCJ:KLW/pcj Enc: Standard General Terms and Conditions SEA-GH-2009(1/2009) Important Information About Your Biological Assessment(BA)and/or Biological Evaluation(BE)Proposal Cost Estimate t. 21-3-52042-001-Udocx/wpfdp 21-3-52042-001 SHA NNO N&WILSON,INC. SHANNON & WILSON,INC. FEES AND EXPENSES FOR RENDERING SERVICES ngd0eolJHydro./Enyiron.tMsk Assess, overtime Officer 205.00 Senior Principal 130.00 Sr.Technician/Drafter 92.00 107.00 Sr.Staff Consultant 175.00 Principal 115.00 Technician/Drafter 1V 80.00 92.00 Staff Consultant 150.00 Senior 105.00 Technician/Drafter Ill 65.00 77.00 Senior Associate 160.00 Category IV 100.00 Clerical 75.00 85.00 Associate 140.00 Category III 90.00 Technician/Drafter II 60.00 70.00 Category 11 75.00 Technician/Drafter 1 50.00 58.00 Category I 65.00 SPECIAL SERVICES Computer Analyst 125.00 Info.Resources Spec. 105.00 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AWII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. Kent City Council Meeting Date July 7, 2009 Category Consent Calendar - 6E 1. SUBJECT: LEASE RENEWAL AGREEMENT FOR BLUE BOY RESERVOIR - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Second Lease Renewal with Sprint Spectrum Realty Company, L.P. to extend the base term through June 30, 2013, for a cell tower that is located on the City's Blue Boy water reservoir property. 3. EXHIBITS: Public Works Memorandum dated 6/22/09 and Second Lease Renewal Agreement 4. RECOMMENDED BY: Public Works (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: i23 1 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 22, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 23, 2009 From: Kevin Swinford, Water Facilities Supervisor Through: Larry Blanchard, Public Works Director Subject: Sprint Spectrum Realty Company, L.P. Second Lease Renewal Motion: Move to recommend Council authorize the Mayor to sign a Second Lease Renewal from the City of Kent to Sprint Spectrum Realty Company, L.P., for a cell tower that is on the Blue Boy Water Tower, in a form acceptable to the City Attorney and the Public Works Director. Summary: This lease was initially with US West Wireless, then Qwest it is now with Sprint Spectrum. There has been a cell tower on the Blue Boy water tower located at 11228 SE 2361h PI, Kent Washington, since July of 1998. The original lease and lease renewal did not go to Council. In this renewal there were some revisions made. This renewal will run from July 1, 2008 to June 30, 2013. Budget Impact: No negative impact. This is a revenue source. U:1 PWCommittee l ActionPage 120091 da te.do c 25 i SECOND LEASE RENEWAL The City of Kent and Sprint Spectrum Realty Company, L.P. THIS SECOND LEASE RENEWAL ("Second Lease Renewal") is entered into on the date fully executed below by and between THE CITY OF KENT ("Landlord") and SPRINT SPECTRUM REALTY COMPANY, L.P., as successor in interest to QWEST WIRELESS, L.L.C., (formerly known as U.S. WEST WIRELESS, L.L.C.), a Delaware limited liability company ("Tenant"), to lease a certain portion of Landlord's property legally described in Exhibit B to the Lease Agreement. This Second Lease Renewal amends that certain Lease Agreement entered into between Landlord and Tenant on or about the July 20, 1998 and the Lease Renewal entered into between Landlord and Tenant on or about December 22, 2003 (collectively the "Lease"). WHEREAS, pursuant to Section 2 of the Lease the initial term commenced on July 1, 1998, and expired on June 30, 2003. The first extension commenced on July 1, 2003 and expired June 30, 2008. Tenant and Landlord desire to extend the term of the Lease for the second extension term which will run from July 1, 2008, to June 30, 2013; NOW THEREFORE, the Landlord and Tenant hereby agree and covenant as follows: 1. Lease Term. The term of the Lease extension shall be for a term of five (5) years and shall commence on July 1, 2008 (the "Commencement Date") and shall end on June 30, 2013 (the "Termination Date"). 2. Rent. The first two sentences of Section 3.a. of the Lease shall be deleted in their entirety and replaced with the following: Tenant agrees to pay Landlord as Annual Rent, without notice or demand, the sum of NINETEEN THOUSAND THREE HUNDRED SIXTY DOLLARS AND 58/100 ($19,360.58) ("Base Rent") commencing on the Commencement Date. Tenant shall also be responsible for the leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, commencing on the Commencement Date. Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Customer Services. 3. Rent. The entire section 3.e. of the lease shall be deleted in its entirety and replaced with the following: The Base Rent shall be increased effective as of each anniversary of the Commencement date (the "Adjustment Date") by an amount equal to the greater of four (4) percent or the percentage increase in the CPI two (2) months prior to the Adjustment Date and the CPI for the month 12 months prior to the Adjustment SECOND LEASE RENEWAL TO LEASE AGREEMENT - Page 1 (Between City of Kent and Sprint Spectrum Realty Company L.P (May 2009) @ Blue Boy SE60XC302-B) 26 Date. CPI _means the Consumer Price Index All Urban Consumers, U.S., All Items, base period 1982-84=100, Not Seasonally Adjusted, U.S. City Average, issued by the U.S. Bureau of Labor Statistics. If the CPI is converted to a different standard referense base, or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the U.S. Bureau of Labor Statistics. 4. Use by Other Providers. Section 6 (e) of the Lease shall be deleted in its entirety and replaced with the following: Landlord may elect at any time to place one antenna or antenna facility on the Tower along with ancillary support equipment in the support facility. Landlord's antenna and ancillary support equipment shall be in addition to those otherwise available for use by an Other Provider per subsection 6.a. If Landlord elects to install an antenna and ancillary support equipment it will be without charge to the Landlord. Prior to installation of an antenna and ancillary support equipment, Landlord shall complete, at Landlord's expense, a load study showing that the Tower and support facilities are capable of accommodating three tenants (Tenant, Other Provider, and Landlord) and their respective antennae and ancillary support equipment, Landlord may elect to build its own support building if the current facility cannot accommodate Landlord's support equipment. Tenant shall reasonably cooperate with Landlord in connection with Landlord's locating and placing Landlord's antenna on the Tower and ancillary support equipment in the ancillary support facilities. 5. Signs/Graffiti. Section 8 of the Lease shall be deleted in its entirety and replaced with the following: Tenant shall commence removal of any graffiti located at the Premises at its sole cost and expense upon receipt of written notice from Landlord of such graffiti. If Tenant fails to remove such graffiti within fifteen (15) calendar days of receipt of written notice, Landlord may enter the Premises and undertake any activities necessary to abate or remove graffiti located therein. Tenant shall reimburse Landlord all actual costs Incurred by Landlord in connection with such abatement or removal within 30 days of Landlord's presenting Tenant with a statement of such costs. 6. Maintenance. Section 9 of the Lease shall be deleted in its entirety and replaced with the following: a. Tenant shall, at its own expense, maintain the Premises and all improvements, equipment and other personal property on the Premises in good working order, condition and repair. Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. Tenant shall install, maintain, and replace, when necessary, all landscaping on the Premises required by City of Kent permits. Tenant shall not use herbicides or other noxious chemicals on area around Landlord's real property described in Exhibit A. SECOND LEASE RENEWAL TO LEASE AGREEMENT- Page 2 (Between City of Kent and Sprint Spectrum Realty Company L.P (May 2009) @ Blue Boy SE60XC302-8) v b. In the event the Landlord or any other tenant of Landlord undertakes painting, construction or other alterations on the Landlord's property described in Exhibit A, Tenant shall take reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or Antennae Facilities and protect them from paint and debris fallout which may occur during the painting, construction or alteration process. This requirement shall not be interpreted as a waiver of any claim Tenant may raise either against Landlord or any third party due to negligence so long as Tenant has taken reasonable measures to protect Tenant's equipment, property, and facilities as required above. C. Within thirty (30) days of the full execution of this Second Lease Renewal, Tenant shall submit to Landlord for approval, which approval will not be unreasonably withheld, conditioned or delayed, a scope of work to prepare and paint the Tower. The scope of work shall include the following: (1) Removal and disposal of existing paint, (2) Surface preparation and application; (3) Two (2) color schemes and designs, for Landlord to choose from, that blend in with the adjacent water tower color scheme; and (4) Projected timeline for work to be completed. All work undertaken by Tenant per the scope of work shall be completed within one hundred twenty (120) days of Tenant receiving Landlord's written approval of the scope of work. 7. Access, Section 10 of the Lease shall be amended as follows: Landlord and its agents shall have the right to enter the Premises at reasonable times to examine and inspect the Premises. Within five (5) days of the full execution of this Second Lease Renewal, Tenant shall provide Landlord's Facilities Manager a key to the Premises. Landlord agrees to provide Tenant with twenty-four (24) hours prior email notice to Tenant (at LandlordSolutions@sprint.com) prior to entry at the Premises, to allow Tenant the opportunity to have a representative present during such entry by Landlord, except in the event of an emergency where there is an immediate threat to public safety or an immediate threat of significant property damage, in which case Landlord shall provide as much prior notice, if any, as reasonably possible. 8. Interference. The first paragraph of Section 14 of the Lease shall be deleted in its entirety and replaced with the following: Tenant's installation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's activities on the Premises. Within fifteen (15) calendar days of written notification from Landlord, Tenant agrees to investigate and correct any such claims of damage or interference in the event that Tenant's use is the cause thereof. Provided, however, that in the SECOND LEASE RENEWAL TO LEASE AGREEMENT - Page 3 (Between City of Kent and Sprint Spectrum Realty Company L.P (May 2009) @ Blue Boy SE60XC302-B) 28 event of an emergency, Landlord shall provide eight hours prior telephonic notice to Tenant at (866) 400-6040, followed by email notice to Tenant (at LandlordSolutionsC@sprint.com). If the interference cannot be corrected without Tenant's wireless signal quality, coverage or capacity goals from the Premises being materially impacted, Tenant shall have the right to terminate the Lease. 9. Optional Termination, Section 17 of the Lease shall be deleted in its entirety and replaced with the following: Except for instances of default as set forth in Section 15, this Lease may be terminated on thirty (30) days prior written notice (a) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antennae Facilities or Tenant's business; (b) by Landlord if the Landlord decides, in its sole discretion for any reason, to discontinue use of the Premises for city or public purposes; (c) by Landlord if it reasonably determines through verifiable scientific evidence, after Tenant has the opportunity to present written evidence that continued use of the Premises by Tenant is in fact a threat to health, safety or welfare; (d) by Landlord if Tenant's use of the Premises violates applicable laws or ordinances, provided that such violation cannot be remedied within thirty days (30) following receipt of written notice of such violation, provided further that if Tenant commences to cure such violation within the thirty (30) day period and is unable to complete the cure within such thirty (30) day period, Tenant shall have an additional thirty (30) days within which to complete such cure; or (e) by Landlord or Tenant if Tenant loses its license to provide PCS/cellular service for any reason, including, but not limited to, non-renewal, expiration, or cancellation of its license.. 10. Removal of Facilities upon Termination. Section 18 of the Lease shall be deleted in its entirety and replaced with the following: Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, the Antennae Facilities, and leasehold Improvements (collectively, the "Leasehold Improvements"), from the Premises within thirty (30) calendar days from the date of termination, and shall repair any damage to the Premises caused by the Leasehold Improvements, normal wear and tear excepted; all at Tenant's sole cost and expense. Without waiving any other rights Landlord may have under this Lease, if any Leasehold Improvements are not removed or necessary repairs are not made to the reasonable satisfaction of Landlord by the end of this thirty (30) day time period after termination, Landlord may, at its option, assume ownership of some or all of the Leasehold Improvements, use the proceeds of the bond or letter of credit under subsection 5(c) to remove some or all of the Leasehold Improvements and dispose of the same, and use the proceeds of the bond or letter of credit under subsection 5(c) to repair any damage to the Premises, normal wear and tear excepted. 11. Indemnity. Section 22.b(3) shall be added to the Lease as follows: SECOND LEASE RENEWAL TO LEASE AGREEMENT - Page 4 (Between City of Kent and Sprint Spectrum Realty Company L.P (May 2009) @ Blue Boy SE60XC302-B) 29 3 i( ) Notwithstanding thst din an g the foregoing, Tenant shall not indemnify, defend or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses or expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), arising out of the Indemnitee's negligence or willful misconduct. 12. Notices. Section 28 of the Lease shall be deleted in its entirety and replaced with the following: All notices required or permitted to be given hereunder shall be In writing and shall be sent U.S. certified mail, return receipt requested, personal service, or by facsimile transmission addressed as set forth below: If to Landlord, to: Facilities Manager Parks, Recreation &Community Services Department City of Kent 220 Fourth Avenue South Kent, Washington 98032 Fax Number: (253) 856-6050 With a copy to: City Clerk City of Kent 220 Fourth Avenue South Kent, Washington 98032 Fax Number: (253) 856-6725 If to Tenant, to: Sprint Nextel Property Services Mailstop: KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 Email :(866) 400-6040 With a copy to: Sprint Nextel Law Department Mailstop: KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-Z2020 Attn: Real Estate Attorney Either party hereto may, by written notice to the other, designate such other 1 address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this Section. SECOND LEASE RENEWAL TO LEASE AGREEMENT- Page 5 (Between City of Kent and Sprint Spectrum Realty Company L.P (May 2009) @ Blue Boy SE60XC302-8) 30 13. Certification. Tenant hereby certifies to Landlord, to the best of Tenant's actual knowledge, that, as of the date of full execution of this Second Lease Renewal, the Lease is in full force and effect and that there are no uncured defaults on the part of the Landlord under the Lease. 14. Entire Agreement. Except as amended by this Second Lease Renewal, all provisions of the existing Lease shall remain in full force and effect except as specifically modified by this Second Lease Renewal. j IN WITNESS WHEREOF, the parties hereto have executed this Second Lease Renewal, which shall take effect on the last date signed below. LANDLORD: TENANT: CITY OF KENT Sprint Spectrum Realty Company, L.P. By: By: k d Print Name: PrintName: a Cagle Its: Its: Site Dev looment Manager Date: Date: G / x I f j t SECOND LEASE RENEWAL TO LEASE AGREEMENT- Page 6 (Between City of Kent and Sprint Spectrum Realty Company L.P (May 2009) @ Blue Boy SE60XC302-B) 31 STATE OF WASHINGTON } ss. COUNTY OF KING ) I hereby certify that on the day of 2009, I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing 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. jNOTARY PUBLIC, in and for the State of Washington Residing at My appointment expires SECOND LEASE RENEWAL TO LEASE AGREEMENT - Page 7 (Between City of Kent and Sprint Spectrum Realty Company L.P (May 2009) @ Blue Boy SE60XC302-8) 32 STATE OF WASHINGTON ) ss. COUNTY OF KING ) h I hereby certify that on the Vtb day of au,.n 2009, I know or have satisfactory evidence that Alan Cagle is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of SPRINT SPECTRUM REALTY COMPANY, L.P., a Delaware corporation, as its Site Development Manager, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing 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, RAYiMON7HINGTOM NOTARY PUBLIC, In and for the State of Washington NOTARPUBLIC Redding at r,,.3� C ,,,,�;r [STATE OF My appointment expires COMMISS MARCH 29. 2012 P:\Clvll\Flles\OpenFlles\0863-CellTowerLeases\BlueBoySecondRenewal(TenantSprint).docx j SECOND LEASE RENEWAL TO LEASE AGREEMENT - Page 8 (Between City of Kent and Sprint Spectrum Realty Company L.P (May 2009) @ Blue Boy SE60XC302-B) Kent City Council Meeting Date July 7, 2009 Category Consent Calendar - 6F 1. SUBJECT: TRANSPO INTELLIGENT TRAFFIC CONTROL CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with the Transpo Group, Inc. in an amount not to exceed $66,505 for design upgrades to the City's traffic management system. Under this contract, the consultant will provide candidate system information and guidance to support the selection of a new traffic signal control system which will replace the present 1980's concept system. r t 3. EXHIBITS: Public Works Memorandum and Consultant Services Agreement 4. RECOMMENDED BY: Public Works (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: 33 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 W A 5 H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 16, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 23, 2009 From: John Rostad, Traffic Signal Systems Supervisor Steve Mullen, Transportation Engineering manager Through: Larry Blanchard, Public Works Director Subject: Contract for Design of Intelligent Transportation System (ITS) Upgrades to the Kent Traffic Management System Motion: Move to recommend the City Council authorize the Mayor to sign a Consultant Services Agreement with The Transpo Group, Inc. in the amount of $66,505.00 to provide assistance and guidance to Transportation Engineering staff to modernize the Kent Traffic Signal System and enhance it with ITS features, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: Under this contract, the consultant will provide candidate system information and guidance to support the selection of a new traffic signal control system which will replace the present 1980's concept system. ITS is the application of advanced technologies and proven management techniques to enhance mobility and transportation productivity and safety. Under this contract, the consultant will work with City staff to assess our needs, determine a strategy to work effectively in a regional architecture, and develop a deployment plan to produce a modern Traffic Management Center at the new East Hill Operations Center, A Short List of ITS Benefits - Improve vehicle travel time Improve traveler safety Improve emergency management Improve communications coverage and reliability Improve traffic conditions awareness Improve transit speed and reliability Improve interagency communication Budget Impact: Funded by monies budgeted for the East Hill Operations Center, including the City of Kent Traffic Management Center. i U.1PWCommlttee\ActlonPage\200916 23 09.doc 35 KENT W M 9 H I N O T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and The Transpo Group THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Transpo Group organized under the laws of the State of Washington, located and doing business at 720 Olive Way, Suite 1200, Seattle, Washington 98101, Phone: (206) 436-0084/Fax: (425) 825-8434, Contact: Hicham Chatila (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the Ifollowing described plans and/or specifications: The Consultant shall evaulate the City's existing traffic signal system, identify potential replacement systems and enhancements for a new traffic management center, and evaluate system hardware, software and communication networks for Intelligent Transportation Systems. For a description, see the Consultant's Scope of Work, which is attached as Exhibit A and incorporated by this reference. ■ Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by January 31, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Six Thousand, Five Hundred and Five Dollars ($66,505.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 36 r B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this 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. B. The Consultant maintains and pays for its own place of business from which t 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. 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 r 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. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 37 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability 1 hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the 1 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 38 r responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more Instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing. Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 39 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. iI. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Hicham F. Chatila Larry R. Blanchard The Transpo Group City of Kent 720 Olive Way, Suite 1200 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 436-0084 (telephone) (253) 856-5500 (telephone) (425) 825-8434 (facsimile) (253) 856-6500 ('facsimile) APPROVED AS TO FORM: Kent Law Department Transpo-ITS Master Plan/Rostad CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 40 r 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. r 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to ' all new employees and subcontractors Indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor compiled with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 B . Y For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 41 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 1 state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 42 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 (Slate) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: r r EEO COMPLIANCE DOCUMENTS - 3 43 EXHIBIT A i Kent InteUipent Transportation System Master Plan Scope of Work Task 1: System Inventory 1 Task 2: Stakeholder Outreach Task 3: Users Requirements Task 4: Communication Plan Task 5: Preliminary ITS Project Selection Task 6: Project Implementation Task 7: Project Management r KENT ITS Scope of Work 44 Task 1: System Inventory This task shall consist of the following subtasks: r 1.1 —Existing ITS equipment inventory: The main objective of this subtask is to develop a comprehensive database of all City owned ITS equipment, transportation and communication infrastructure including but not limited to: location of conduits, cable type (copper or fiber optic), cameras, and traffic control equipment. 1.2-Existing base map development: Map of existing ITS inventory will be prepared using the City's geographic information system(GIS). ITS devices will be coded using multiple GIS layers. Several layers can be shown on the same map as defined by the user. Layers will be used to record existing conduit sizes, communication cables, and traffic control devices. Task 1 Deliverables: • Existing ITS base map in GIS format(hardeopy and electronic media) r Task 2: Stakeholder Outreach The consultant will work.with City staff to develop a core stakeholder's group that will , participate in the planning and implementation of the KENT ITS program with an emphasis on the traffic signal management system. The following key stakeholder groups have been identified: Group 1 —Technical (Public works and signal maintenance) : This group is meant to include the City employees who provide the day to day services to the general public. The main objective of meeting with this group is to generate a list of needs,requirements, and current operations procedures. Task 2 Deliverable: - Meeting minutes and documentation of user issues and needs Task 3: User Requirements r This task will document the different user requirements for the City's future ITS system with an emphasis on the future traffic signal management system. User requirements could include but not limited to: traffic signal management, special event management, traffic video monitoring, traveler information, etc. Transpo Group, Inc. 2 07403.PR 45 KENT ITS Scope of Work r The identified and selected user requirements will be prioritized based on a set of criteria developed by Transpo and City staff. It is our understanding that the City's traffic signal management system needs to be replaced. As part of this task Transpo is proposing to create a technical advisory group consisting of City and Transpo staff. This group will develop a comprehensive list of controller and central system functionalities that are required to meet the current and future needs of the City. Once this list is developed, Transpo will prepare a matrix of available commercial products. A comparison of the controllers and systems against the system functionalities developed earlier will be conducted. The systems and controllers meeting the needed functionalities will be evaluated against a set of City pre-approved criteria that could include items such as: ease of use, support, cost, scalability, etc. The entire process will be documented in a technical memorandum. r Task 3 Deliverable: = Prioritized ITS users requirements Traffic signal system evaluation and recommendation technical memorandum rTask 4: Communication Plan A high level City-wide ITS communications plan will be prepared under this task. The communication infrastructure is key for the successful implementation of the KENT ITS and traffic signal management system. The plan will address the following key elements: • Communication requirements for existing and future ITS devices o ITS field devices o Fiber optic backbone o Central equipment o Bandwidth requirements • Network topology and technology • Connectivity needs and requirements with other jurisdictions • Proposed ITS communication network rTask 4 Deliverables: • ITS Communication plan r Task 5: Preliminary Project Selection The consultant will work with the City to develop a list of initial ITS projects that meet the City's identified needs and requirements r Transpo Group, Inc. 3 07403YR KENT ITS Scope of Work 46 The preliminary projects will be referenced to ITS technologies that address the , City's vision,needs,and requirements. This could include, but would not be limited to, advanced traffic signal management system, dynamic message signs, closed circuit television(CCTV), detections and data collection,TSP (Transit Signal Priority), incident management, and traveler information. A brief description will be prepared for each proposed ITS project,highlighting the project justification, goals, and applicable technologies, and preliminary cost estimates. The project recommendations will be prepared after a workshop has been conducted with the technical stakeholders group as described in task 2. Task 5 Deliverable: • An initial list of proposed projects and construction cost estimates will be prepared and summarized relative to the user needs and requirements. Task 6: KENT ITS Implementation The KENT ITS implementation plan includes goals, detailed project definitions, prioritization, dependencies, costs, and scheduling. Task 7 consists of three subtasks: project review and cost estimation, final project prioritization and proposed project scheduling. 6.1—Project Review and Cost Estimation: Following the project stakeholders' review of the Master Plan, a detailed project prospectus would be developed for each project selected or recommended for implementation. Generally the project prospectus will include the following: • Project name, location,and description • Project justification • Project goals, objectives, and benefits • System capabilities • Estimated project cost • Operations and maintenance issues • System integration and technologies • Project phasing and scheduling • Project dependencies 6.2--Project Prioritization: Projects will subsequently be prioritized based on project inter-dependencies and other City developed Criteria. A future ITS systems map (GIS based)will be prepared as part of this subtask. This map will show the future and proposed ITS system. The map will show the location and type of proposed ITS improvements such as communication Transpo Group, Inc. 4 07403 TR KENT ITS Scope of Work 47 network, traffic signal systems, CCTV data collection stations TSP and DMS if g Y , , applicable. 6.3—Project Scheduling J g Based on project interdependencies and established priorities, a suggested implementation schedule would be developed. Early winner projects will be identified for immediate implementation. It is anticipated that the projects would be divided into three time periods for estimated deployment: - 0 to 3 years - 3 to 6 years >6 years Task 6 Deliverable—ITS Implementation plan will include a prioritized project list for implementation for the entire City. This list will include"early winner"projects that can be implemented quickly and cost effectively but has a large impact on the City 1 r r r Transpo Group, Inc. 5 07403TR 'KENT ITS Scope of Work 48 r Task 7: Project Management The main objective of this task is to ensure the project is completed on time and within J P J P budget based on the scope of work. • Track schedule adherence • Track budget expenditure • Prepare and submit progress reports and invoicing • Internal resource allocation for the project • Quality control and review r Proposed Deliverables: Deliverables associated with each proposed Task of the Scope of Work are defined within the task description above. While each task has associated deliverables,the overall key project deliverables will consist of the ITS Master Plan, prioritized projects with individual definitions and cost estimates, and a deployment schedule. Project Schedule: The following project schedule is proposed for the development of the ITS master and implementation plan: Task Jun 09 Jul 09 Aug 09 Sep 09 Oct 09 Nov 09 Task 1:System Inventory Task 2:Stakeholder Outreach Task 3:Users Requirements Task 4:Communication Plan Task 5:Preliminary Project Selection Task 6:Implementation Plan r Task 7. Project Management r r Transpo Group, Inc. 6 07403TR rExhibit A 49 Consultant Fee Determination The TRANSPO Group,Inc. Cost Estimate Worksheet 0740 . Kent ITS Plan Pay rates are effective from June 23,2007 through June 21,2008,within the ranges shown In the attachment. Only key staff are shown and other staff may work on and charge to the project as needed by the project manager. Senior I Senior Design I Design I CAD/ Eng.Eng.1 En sneer Engine" En near Gr cs AdmM Initials )-bode Prin I San ITS Eng 0 I PA III i 11 PA M cost rueSUM 1 555. $2 .09 1 335.54 1 525.20 1 $3 .7 Labor: ' Existing data call and haven review 2 8 30 40 51,628 ITS base ma deva men[ 2 4 14 12 32 1,156 t 0 SO Meal with PW Users f2 nu st 6 1 6 12 $710 0 $6 t 0 J SO ITS User service requirements 8 40 40 1 88 1 S3,979 Includes Signal Control System assessment 12 58 1 70 1 S 3,963 0 so . 0 SO 1 0 s0 Communications tan 8 32 16 1 56 52 692 1 ITS project Deflntlons 4 16 40 1 16 76 52,719 r 1 RoJect cost estimates 4 6 6 16 5553 ProJetx lorldratlon q 4 $221 Pr sheets 8 6 22 900 0 , Mom progress reports and lnwidng 12 8 8 28 $1444 10 10 $553 0 $0 0 So so 0 $0 0 SO 0 f0 r - Total ours 1 0 1 S6 198 0 92 44 56 8 454 0 527 10947 0 2 76 1.555 51 467 2 1-r 1 191.79% man= on 30M% Mice//aneprrSErpeaties: Shbconsultants. 1 Ucadon 1 se bconctdLLntA 2 easiness Moats 2 snDconsasum a SO So 3 MAaa n 500 3 su6connduatC $0 4 Mlseeganeow 4 subcmisaham o §p 5 Models(Renderin Photos 5 sWitomvituitI §0 6 Parkl 7 aKYrds PIII 1 8 Itcglsva4ons 9 mil-tiros $200 10 ship I Courier $100 Sohvroro 12 12 Pner 13 TraNk Acddmt Data 14 6.9 Addieonll Services 15 6,10 W s tent Mte radon r 1 r r r D10A.ad MAN Cost Estimate Prepared by Hkham on 4/16/2009 50 r EXHIBIT B r INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS r Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance r Consultant 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 r occurrence form CG 00 01. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. S. Minimum Amounts of Insurance ' Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. r r r r 51 r EXHIBIT B Continued C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: r1. The Consultant'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 Consultant's rinsurance and shall not contribute with it. 2. The Consultant'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. r3. 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 Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's r Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. ' E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. r r r 1 Kent City Council Meeting Date July 7, 2009 Category Consent Calendar - 6G 1. SUBJECT: LAKE MERIDIAN OUTLET PROJECT QUIT CLAIM DEED - APPROVE 2. SUMMARY STATEMENT: Approve the purchase of a portion of the Washington Department of Transportation property at 152"d Ave SE and State Route 516 using fair market value plus WSDOT review fee and closing cost, and authorize the Mayor to sign all documents necessary for the purchases. This site is within the existing Lake Meridian Outlet project and contains approxi- mately 0.9 acres of wetland within a 1.5 acre property. The object of the Lake Meridian Outlet Project is flood protection, water quality improvements to the 654' outlet, improved fish habitat, and wetland restoration. The Lake Meridian Outlet Project is a partnership with the US Army Corps of Engineers through the Green River Ecosystem Restoration Program. 1 3. EXHIBITS: Public Works Memorandum and Quit Claim Deed 4. RECOMMENDED BY: Public Works (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: i r53 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 ' WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 8, 2009 ' To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 23, 2009 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Quit Claim Deed - Lake Meridian Outlet Project (WSDOT) Washington State Department of Transportation Motion: Recommend approval of purchase of a portion of the Washington Department ' Transportation property at 152"d Ave SE and State Route 516 using fair market value plus WSDOT review fee and closing cost upon concurrence of the language therein by the Public Works Director and City Attorney. ' Summary: Purchase of a portion of the WSDOT property using a quit claim deed on the southwest corner of State Route 516 (Kent-Kangley Road) and 152nd Avenue SE for the Lake Meridian Outlet Project. This site is within the existing Lake Meridian Outlet project and contains the approximately 0.9 acre of wetland within a 1.5 acre property. The City is coordinating with WSDOT on the deed for the eastern portion of the property. The site is currently listed as vacant. This easement will be used for wetland mitigation and the project cannot be completed without this property. This is the final property purchase needed for the project to begin construction. The value of the purchase is $18,200, and additional $46.00 is requested for recording of the documents and $10.00 for the King ' County Treasurer for a total of $18,256.00. The Lake Meridian Outlet Project is proposed to be constructed in three phases. Phase I, ' completed in 2007 included a new pedestrian bridge, culvert, weir, and some stream channel work east of 152nd Ave S. Phase II, includes construction of roughly 2,000 feet of new stream channel extending east from Lake Meridian to Big Soos Creek. Once constructed, the new channel will include fish friendly habitat features such as native plantings, wood structures, streambed gravels and pools. Phase III, includes wetland work along 152nd Ave S. The objective of the Lake Meridian Outlet Project is Flood protection, water quality improvements of the lake 654' outlet, fish habitat, and wetland restoration. The Lake Meridian Outlet Project is a partnership with the US Army Corps of Engineers ' through the Green/Duwamish Ecosystem Restoration Program. U IPWCommateeL4clronPage120091062309QurtClarmDeedLkMendmnOuder dnc ' 55 Washington State Transportation 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 May 18, 2009 AOft rM Is it REUCIVREOU" Ms. Beth Tan,P.E. MAY 19 2009 Public Works Engineering ' City of Kent CITY OF KENT 220 Fourth Avenue South ENGINEERING DEPT Kent, WA 98032-5895 RE: IC# 1-17-08163 WSDOT to the City of Kent Dear Ms. Tan: The enclosed Quitclaim Deed, covering a parcel of land at the SE corner of the SR 516 (Kent-Kangley Road) and 152"d Avenue SE Kent, from the State of Washington is sent for your review and approval. Please have it signed by the appropriate party(ies) on the line provided on page . It is not necessary to have the signature(s) acknowledged. After the deed has been signed lease return it to the address shown below, along with a g P � g check in the amount of$18,200.00 made payable to the Department of Transportation for the purchase price. Additionally, please enclose a check for the recording fee made payable to -_� King County Recorder in the amount of$46.00, and a check for the Excise Tax Affidavit processing fee in the amount of$10.00,payable to the King County Treasurer. We will then have the instrument executed by the Secretary of Transportation and recorded. It will be returned to you after recording and processing. Please feel free to contact me in Olympia if you have any questions regarding this matter. My telephone number is(360)705-7331. Sincerely, Edward A. Gilda Disposal Manager P.O. Box 47338 Olympia, WA 98504-7338 cc: John Jensen,Northwest Region, Real Estate Services Manager Sharon Caudill,Northwest Region Property&Acquisition Specialist 56 AFTER RECORDING RETURN TO: LATTN: REAL ESTATE SERVICES DEPARTMENT OF TRANSPORTATION P.O. BOX 4 7338 OLYMPIA, WA 98504-7338 Document Title: Quitclaim Deed Reference Number of Related Documents: King County Cause No. 92-2-24214-1 and King County Cause No. 92-2-30085-1 Grantor(s): State of Washington Grantee(s): City of Kent Legal Description: Ptn. NWI/4 of NW'/4 Sec 35,T22N, RSE, W.M, King County, Washington Additional Legal Description is on Page of document Assessor's Tax Parcel Number: Ptn 353305-9211 QUITCLAIM DEED SR 516, 132nd Ave. S.E. to 1601h Ave. S.E.. KNOW ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTON, Grantor, for and in consideration of EIGHTEEN THOUSAND TWO HUNDRED AND NO/100THS DOLLARS ($18,200.00), hereby conveys and quitclaims unto the City of Kent, a municipal corporation of King County, State of Washington, Grantee, all right, title, and interest under the jurisdiction of the Department of Transportation, in and to the following described real property situated in King County, State of Washington: That portion of the following described Parcels "A" and "B" being within the Northwest quarter of the Northwest quarter of Section 35, Township 22 North, Range 5 East, W. M. lying East of a line draw at right angles to and extending Southerly from Highway Engineer's Station 169+72 of the SR 516 line survey of SR 516, 132nd Ave, S.E. to 1601h Ave. S.E. Parcel "A": THAT PART of the hereinafter described Tract "X" lying Northerly and Easterly of a line described as BEGINNING AT A POINT opposite Highway Engineer's RES 411 Page 1 of 5 Pages IC# 1-17-08163 Revised 9/2008 57 Station (hereinafter referred to as HES) 167+99.02 on the SR 516 Line Survey of SR 516, 132"d Ave. S.E. to 160t" Ave. S.E., and 45 feet Southerly therefrom; thence Southerly to a point opposite HES 167+99.06 on said SR 516 Line Survey and 50 feet Southerly therefrom; thence Easterly parallel with said SR 516 Line Survey to a point opposite HES 168+49.06 thereon; thence Southerly to a point opposite HES 168+49.10 on said SR 516 Line Survey and 55 feet Southerly therefrom; thence Easterly parallel with said SR 516 Line Survey to a point opposite HES 169+04 thereon; thence Southerly to a point opposite said HES and 438 feet Southerly therefrom; thence Easterly parallel with said SR 516 Line Survey to a point opposite HES 169+72 thereon; thence Southerly at right angels to said SR 516 Line Survey to the Southerly line of said Tract"X" and the end of this Iine description. Tract"X": Lot 1, King County Short Plan Number 880081, according to the Short Plat recorded December 30, 1980, under Recording Number 8012300795; Being a portion of the North 1000 feet of the East 450 feet of the Northwest quarter of the Northwest quarter of Section 35, Township 22 North, Range 5 East, W.M. in King County, Washington. EXCEPT the West 50 feet of the East 160 feet of the North 105 feet thereof; AND EXCEPT the East 50 feet thereof conveyed to King County, Washington for 152"d Avenue Southeast by Recording Numbers 2621936, 2679017, 2679018 and 5767633; AND EXCEPT the North 15 feet thereof conveyed to King County, Washington for Southeast 272"d Street by Recording Number 5767633. The above Parcel "A" being those lands described in Stipulated Judgment and Decree of Appropriation to the state of Washington, dated May 26, 1994 in the Superior Court of the State of Washington in and for King County under Cause No. 92-2-24214-1. Parcel `B": The North 105 feet of the East 160 feet of the North half of the Northwest quarter of the Northwest quarter of Section 35, Township 22 North, Range 5 East, W.M., in King County, Washington. EXCEPT the East 110 feet thereof; RES 411 Page 2 of 5 Pages IC# 1-17-08163 Revised 9/2008 58 EXCEPT the North 30 feet thereof conveyed for road purposes by Deed recorded under Recording Number 2621936. AND EXCEPT an portion lying within the SC Line right of way of said SR 516. YP Y g g Y The above Parcel "B" being those lands described in Stipulated Judgment and Decree of Appropriation to the state of Washington, dated July 8, 1993 in the Superior Court of the State of Washington in and for King County under Cause No. 92-2-30085-1. The specific details concerning all of which may be found on Sheet 7 of that certain plan entitled SR 516, 132"a Ave. S.E. to 160th Ave. S.E., now of record and on file in the Office of the Secretary of Transportation at Olympia, Washington,bearing date of approval July 22, 1988. SUBJECT TO all existing encumbrances, including easements,restrictions and reservations, if any. The grantee as part consideration herein does hereby agree to comply with all civil rights and anti-discrimination requirements of Chapter 49.60 RCW as to the lands herein described. The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions of RCW 47.12.080. RES 411 Page 3 of 5 Pages IC# 1-17-08163 Revised 9/2008 59 Dated at g Olympia, Washin ton,this day of ,2009. STATE OF WASHINGTON Paula J. Hammond, P.E. Secretary of Transportation APPROVED AS TO F B ssist t Attorney eneral REVIEWED AS TO FORM: City of Kent By: By: By: By: RES 411 Page 4 of 5 Pages IC# 1-17-08163 Revised 9/2008 60 STATE OF WASHINGTON ) ): ss County of Thurston ) On this day of 2009, before me personally appeared Paula J. Hammond, P.E., known to me as the Secretary of Transportation, Washington State Department of Transportation, and executed the foregoing instrument, acknowledging said instrument to be the free and voluntary act and deed of the State of Washington, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal the day and year last above written. Notary (print name) Notary Public in and for the State of Washington,residing at My Appointment Expires RES_411 Page 5 of 5 Pages IC# 1-17-08163 Revised 9/2008 Kent City Council Meeting Date July 7, 2009 Category Consent Calendar - 6H 1. SUBJECT: TETRA TECH/LAKE FENWICK WATER QUALITY IMPROVEMENT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech, Inc. in the amount of $25,046.80 to provide short and long-term measures to improve Lake Fenwick water quality and to comply with State-mandated water quality standards for the nutrient, phosphorus. 3. EXHIBITS: Public Works Memorandum dated 6/19/09, Map, and Consultant Services Agreement 4. RECOMMENDED BY: Public Works (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 i DISCUSSION: ACTION: 61 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 19, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 23, 2009 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Contract - Tetra Tech/Lake Fenwick Water Quality Improvement tMotion: Move to recommend the City Council authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech, Inc. in the amount of $35,046.80 to provide short and long-term measures to improve Lake Fenwick water quality and to comply with State-mandated water quality standards for the nutrient phosphorus, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: Lake Fenwick is currently not meeting water quality standards established by the Washington State Department of Ecology and the Environmental Protection Agency (EPA). Specifically, the lake frequently exceeds the total phosphorus TMDL (Total Maximum Daily Load) threshold established for the lake in 1993 by the EPA during the late summer and early fall. This contract with Tetra Tech is a proactive attempt to improve the Lake's short and long-term water quality and to reduce excessive algae growth that reduces the Lake's aesthetics and compromises its habitat value for fish and wildlife. For the short-term, this contract would provide the dosing specifications and assist the City in acquiring permits and overseeing a late summer treatment of "alum". Alum (aluminum sulfate) is a nontoxic substance commonly used to strip phosphorus from lakes. This alum treatment will reduce excessive algae growth for the next couple of years. For the long-term, this contract would provide a re-design of the hypolimnetic aeration system (basically a large-scale fish-tank bubbling system) that is currently installed in the lake so that it can be up-sized to meet current demands. Tetra-Tech would also assist the City in preparation of grant applications to pay for the recommended aerator upgrades. With the alum treatment, aerator upgrade and grass-carp stocking of the Lake (currently occurring - these weed-eating carp will reduce or even eliminate the non-native weeds that are currently covering the lake bottom and exacerbating water quality problems) as well as upstream stormwater improvements planned through the Drainage Master Plan, the City expects to once again be able to meet the Lake Fenwick total phosphorus TMDL. Budget Impact: Funding for this contract was budgeted for through the Drainage Master Plan -- no additional funding will be required. U IPWCommmeeL4cnonPage11009106 23 09 TetraTechLkFenm ick do( • CL MR J_�1�t�,'. -fie � f� .' � �.•S iN�.j. � � !!i CD 40 .�'• � +�y+�`+i w^�K�;� -.TAM �?. I.r � rft .}�,.ar�~y'e , fir � x�'�-e�,�� r�,1 r 3 ,If +� I L #��^ ,t Y 1 �� Are�� VA AW Sf 8°Mp �'1 w �' �,.'' ('�� �M � fin. \�j, ,� sf � � � �`�"�"• ,P' .�"•�^" � ,,�. is � a; •� ! % �x y ��t �:;�. ca �# r .f r �*ice �� �`a � E'"q'�iSs, �,,5 >�.. ti:•� Y.,`" ,;/9,�-y., :� ,,�` 7 a r 0^4111114, 65 �VKNT WAS" NOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Tetra Tech, Inc, THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of Washington, located and doing business at 1420 5th Avenue, Suite 550, Seattle, Washington, 98101, Phone: (206) 728-9655/Fax: (206) 728-9670, Contact: Justin Nodolf (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall perform the necessary dosage calculations and prepare bid documents for the application of alum into Lake Fenwick, as well as develop a conceptual design for the retrofit of the hypolimnetic aeration system for the lake. For a description, see the Consultant's June 9, 2009 Scope of Work, which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by September 30, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Five Thousand, Forty Six Dollars and eighty cents ($35,046.80). for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 66 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this 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. 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. 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. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 67 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend indemnify and hold the Cit y, 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 an of Consultant's work when completed shall not Y P p Y p be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described In Exhibit 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 68 responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by o p g g 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 69 H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT. CITY OF KENT. By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Justin Nodolf Larry R. Blanchard Tetra Tech, Inc. City of Kent 1420 5th Avenue, Suite 550 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 728-9655 (telephone) (253) 856-5500 (telephone) (206) 728-9670 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Tetra Tech-Lk Fenwlck Alum Treatment&Aerator/Knox CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 70 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 tion ares follows: a o 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the rime contractor, will active) consider hiring and p Y 9 promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT 71 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. r1. 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. Monitoringto assure adherence to federal state and local laws policies and guidelines. � laws, EEO COMPLIANCE DOCUMENTS - 2 72 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 compiled fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 73 City of Kent EXHIBIT A June 9, 2009 Scope of Work for: Lake Fenwick Aerator Retrofit and Alum Treatment Prepared for: City of Kent Prepared by: Tetra Tech, Inc. 1420 5`h Avenue, Suite 550 Seattle, WA 98101 Ann: Justin Nodolf 206.728.9655 Scope Overview The City of Kent (City) with the aid of Tetra Tech (Tt) has been conducting long-term monitoring of the environmental conditions at Lake Fenwick in support of the TMDL listing for phosphorus. Review of the monitoring results suggests that Lake Fenwick has an elevated state of phosphorus above the 19 mg/L threshold set by the Washington State Department of Ecology (Ecology). As a proactive response to the elevated phosphorus levels in Lake Fenwick, the City is investigating the option of conducting a retrofit to the existing hypolimnetic aeration system to bring the lake into compliance with the TMDL. The suboptimal performance of the existing aeration system along with an increase in external loading over the previous years led to the increase in phosphorus released from the sediments. Furthermore, the residual phosphorus levels within the lake have been steadily building, necessitating an internal treatment, such as alum, to inactivate the available phosphorus from the water column, which will enable compliance with the TMDL. The following scope of work outlines the necessary steps to begin the process of implementing a plan for the retrofit of the aeration system. This scope of work will also provide a contract mechanism for the development of specifications and permits necessary for the application of alum to Lake Fenwick. The scope of work describes the specific activities that Tt will perform in order to aid the City's continued proactive stance of protecting its jurisdictional waters. The primary goals of this project are the following: • Aid the City in retrofitting the existing hypolimnetic aeration system installed as part of the Phase II Implementation Plan for the Lake Fenwick Restoration Project(KCM, 1996); and • Perform the necessary dosage calculations and prepare bid documents for the application of alum into Lake Fenwick to bring the phosphorus levels into compliance with the TMDL. In order to achieve the goal, the following outline of specific tasks is identified below. I Tetra Tech, Inc. 74 City of Kent June 9,2009 Detailed Work Tasks: Task 1 Project Management In order to ensure that project schedules and budgets are adhered to,Tt will provide project management and QA/QC services. As part of this task,Tt will prepare monthly invoicing. Deliverables: Monthly invoices • QA/QC Report Task 2 Hypolimnetic Aeration System Retrofit Concept Design Currently the City its anticipating seeking additional funding for the retrofit of the existing hypolimnetic aeration system with grant funds. In order to meet the requirements of the grants, Tt will assist the City in developing a conceptual design of the retrofit. As part of this task, Tt will conduct a site inspection with City maintenance staff of the existing facilities. Prior to the inspection the City must provide as-built drawings and repair information on the hypolimnetic system to Tt. After the site inspection, with input from the City, Tt will develop several conceptual alternatives for the retrofit of the aeration system. Tt will prepare a memorandum documenting the site inspection, existing conditions of the aeration system and potential conceptual alternatives (up to three). As part of this memorandum, Tt will develop concept plans and preliminary cost estimates associated with each alternative. Upon the City's review of the memorandum, a meeting will be held to determine the best alternative that suites the City's goals and needs. With the preferred alternative identified, Tt will assist the City in developing the necessary material to aid in seeking grant funding. Tt will provide, on call and as needed, a senior biologist and civil engineer to assist in the technical complexities of the preferred alternative. It is assumed that the City will prepare and submit the grant application. Deliverables: • Hypolimnetic aeration system retrofit concept design memorandum Task 3 Alum Treatment Currently there are elevated levels of phosphorus residing within Lake Fenwick, which can lead to heightened algal blooms. With the introduction of grass carp for management of non-native aquatic vegetation, it is expected that the availability of phosphorus will increase further. Increases in phosphorus levels add to the potential for humanly unsafe concentrations of algal blooms. As a preventative measure, the City is proposing to apply a water phosphorus stripping alum treatment to Lake Fenwick to prevent the occurrence of algal blooms. Tt will provide the City the necessary dosing specifications for a summer response treatment. It is assumed that the City will secure a qualified contractor for application of the alum dose. Tt will provide monitoring crews during the treatment to ensure the chemicals are applied at the proper rate and dosage. Tt will assist the City in obtaining the necessary permits and develop bid documents for the application of alum. It 2 Tetra Tech, Inc. 75 1 City of Kent June 9,2009 is assumed that the city will provide Tt with the city's boiler plate standard and amendment specifications. Tt will prepare the necessary special provisions for the application of alum along with an engineer's cost estimate. Assumptions: • City will secure a qualified contractor for application of the alum dose Deliverables: • Technical alum dose treatment specification • Assist in permitting Task 3b Alum Treatment Implementation and Administration Tt will provide contractor services for implementing alum treatment design, including the following support: • Alum treatment monitoring • Construction management support • Review and recommendation of alum treatment bids Attachment: A. Fee Proposal 3 Tetra Tech, Inc. i 76 CL C M N y^� N Vd1 N W h O W O� a w c a ymj d LL C N N m L W N N O m as gggyyy � L Q m C Sy' 0 A 4 IF d �N n 10 E o f a w e L ro o E E o � a n � N 5 w CCc q� p yy G F a Y d 0 0 ; 5555 LU 02 S Q T Q co U 9 Q m U 4 S a �+ N M 77 . EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. 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 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 78 EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 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. r.... ,., r ...,.•... ,.., +3o z :•,,,. �, r•Y°Rm I r ax y..r_.,,'Y�i r•n1�u• ;'1 t €{' a'7 DATE( D/ 06/03/2 009 5 + _ MM/D� ' N PRODUCER Aon Risk insurance Services west, Inc. IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Los Angeles CA Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 707 Wilshire Boulevard CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE Suite 2600 COVERAGE AFFORDED BY THE POLICIES BELOW. I; LOS Angeles CA 90017-0460 USA INSURERS AFFORDING COVERAGE NAIC II UJ PHONE. 866 283-7122 FAX- 847 953-5390 INSURED INSURER A. National union Fire ins co of Pittsburgh 19445 Tetra Tech, Inc. INSURERB: insurance Company of the State of PA 19429 1420 5th Avenue, suite 550 Seattle WA 98101 USA INSURER American international Specialty Lines 26883 b INSURER D a- b ry+1N'a�� INSURERE: o So IN, THE POLICIES OF INSURANCE �`tLISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR A POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE 4M\DDIYY) 0ATE(MM1DMVY) LIMITS A3 ERALLIABII.ITV GL1982538 10/01/D8 10/01/09 EACH OCCURRENCE $1.D00,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000 PREMISES(Ea occurm w) ' CLAIMS MADE © OCCUR A,n,owpaia rn x X,C,U Coverage PERSONAL AAAOVINJURY S3,000,000 n N GENERAL AGGREGATE S2,000,000 C) GEN'1.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/DP AGO S1,000.000 rn POLICY ® PRO- ElECT LOC A AUTOMOBILE LIABILITY CA8263140 10/01/09 10/01/09 COMBINED SINGLE LIMIT c X ANY AUTO (EaueNom) S1,000,000 Z; ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Pow") .4 )( HIRED AUTOS BODILY INJURY U X NON OWNED AUTOS (por amwcm) PROPERTY DAMAGE (Per Keidam) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO H OTHER THAN EA ACC AUTO ONLY AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE ❑OCCUR n CLAIMS MADE AGGREGATE HDEDUCTIBLE RETENTION B WORKERS COMPENSATION AND X M. STATU• OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT S1,000,000 ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICER/MEMBER EXCLUDEDI E.L.DISEASE-EA EMPLOYEE S1,000,000 Ifyes•desenbeua&d SPECIAL PROVISIONS eL DISEASE-POLICY LIMIT S1,0D0,000 below C COP5195258305 10/01/08 'Eachc atn 51,000,000 OTHER Prof/Poll Liab Contractor Prof Agggregate $1,Do0.000 Deductible S250.000 �s DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLEVEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project start Date: 5/20/2009, Project End Date: 9/30/2010, Project Titles: Lake Fenwick Alum Treatment and Aerator for Retrofit. city of Kent, Public works Department is included as Additional insured with respect to the General Liability and Automobile Liability policies as required by written contract. A waiver of Subrogation is ;'cif ;,- -OL'D�`R��ra:•,';�`:�'"zaXv;r�i .�,��;;u?l��°;^ ,�� s%�i , ,;�- ..�• ,.,.. �,, •� ._•-n:"s.wh :�-�'�"o ...�� x` City Of Kent, Public works Department SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: Larry Blanchard DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Public works Director 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 400 west Gowe of ANY KIND TO DO INSUURERR,PTS AGEOBLIGATION TS oaREPRESENTATIVESES Kent WA 98032 USA AUTHORIZED REPRESENTATIVE I�%` o� v r� V =*:•.:ml�'i��'.x.°X •:.�/.: :4`'flwYN:l?5.'�.�a:(ar.o'�. 2 :.w��-:t3xA .Q:Gct' ,. .��',7. <.at.c''.r r• t� ,�'_ �q�, 80 Attachment to ACORD Certificate for Tetra Tech, Inc. The terms,conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s).This attachment does not contain all terms,conditions,coverages or exclusions contained in the policy. INSURER INSURED Tetra Tech, Inc. INSURER 1420 Sth Avenue suite 550 Seattle wA 98101 USA INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY DESCRIPTION ADD'L POLICYNUMaER POLICY POLICY LT R R INSRD TYPE OF INSURANCE. EFFECTIVE EXPIRATION DATE DATE LIMITS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS granted in favor of Certificate Holder with respect to the General Liability policy as required by written contract. The insurance provided shall be primary and any other insurance maintained by the additional insured is excess and non-contributory as required by written contract. General aggregate limit applies per project. Stop Gap coverage for the following states: OH, ND, WA, NV, WY, PR, USVT. see attached CG 2010 0704, CG 20370707, CA 2048 0299 and CG 2503 0397 endorsements. Certificate No: 570034802799 81 INSURED Tetra Tech, Inc. 1420 Sth Avenue, Suite SSO Seattle WA 98101 USA CG 20 10 07 04 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): City of Kent, Public works Department Location(s) Of Covered Operations: Lake Fenwick Alum Treatment and Aerator for Retrofit. Information required to complete this schedule, if not shown above, will be shown in the Declarations. A. section II - who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. a. with respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection With such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. 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 performing operations for a principal as a part of the same project. CG 20 10 07 04 (c) ISO Properties, Inc., 2004 Certificate No: 570034802789 t 82 INSURED Tetra Tech, Inc. 1420 5th Avenue, Suite 550 Seattle WA 98101 USA CG 20 37 07 04 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or organization(s): City of Kent, Public works Department Location and Description of completed operations: Lake Fenwick Alum Treatment and Aerator for Retrofit. Information required to complete this schedule, if not shown above, will be shown in the Declarations. section II - who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 (c) ISO Properties, Inc., 2004 Certificate No: S70034802789 i 83 INSURED Tetra Tech, Inc. 1420 Sth Avenue, Suite 550 Seattle WA 98101 USA CA 20 48 02 99 COMMERCIAL AUTO CA 20 48 02 99 1 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 modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person (s) or Organization(s): City Of Kent, Public works Department iEach 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 II of the Coverage Form, CA 20 48 02 99 (c) Insurance services office, Inc., 1998 i Certificate No: 570034802789 84 INSURED Tetra Tech, Inc. 1420 5th Avenue, Suite S50 Seattle WA 98101 USA CG 25 03 03 97 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated construction Projects: Lake Fenwick Alum Treatment and Aerator for Retrofit. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for ail medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. insureds; b. Claims made or "suits" brought; or C. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the schedule above. r Certificate No: 570034802799 85 INSURED Tetra Tech, Inc. 1420 5th Avenue, Suite 550 Seattle WA 98101 USA CG 25 03 03 97 2nd Page 4. The limits shown in the Declarations for Each occurrence, Fire Damage and medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION i ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated construction Project General Aggregate Limit. C. when coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General A gregate Limit. D. if the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting.parties deviate from plans, blueprints, designs, specifications or timetables, the project wll still be deemed to be the same construction project. E. The provisions of Limits of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 03 97 (c) Insurance services office, Inc., 1996 Certificate No: 570034802789 Kent City Council Meeting Date July 7, 2009 Category Consent Calendar - 6I 1. SUBJECT: CITY COUNCIL MEETING TIME ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending section 2.01.020 of the Kent City Code to identify two Council meetings where the Kent City Council will meet at an earlier 5:00 p.m, meeting time, and establishing and affirming a regular Council workshop schedule. The proposed ordinance amends KCC 2.01.020 to permanently provide for earlier Council meeting times on the first Tuesday of August so that the Council may participate in the annual National Night Out event, and on the first Tuesday of November for Election Day purposes. Each year, by separate motion, the Council moves these meeting times. It would be more efficient to amend the code to provide for the permanent change in the Council's meeting times on the first Tuesday in August and the first Tuesday in November. Because the council also has met and will continue to meet on most regular meeting days for Council workshops, it is also appropriate to amend the code to clarify that these workshops also constitute regular council meetings of the Kent City Council. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: jCouncilmember moves, Councilmember seconds rDISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 2.01.020 of the Kent City Code to identify two Council meetings where the Kent City Council will meet at an earlier 5:00 p.m. meeting time, and establishing and affirming a regular Council workshop schedule to occur at 5:30 p.m. on all regular Council meeting days, except when a 1 regular Council meeting occurs at 5:00 p.m. RECITALS A. Section 2.01.020 of the Kent City Code codifies the regular meeting dates and times of the full Council. Each year, by separate motion, the Council moves its meeting time to 5:00 p.m. on the first Tuesday of August so that the Council may participate in the annual National Night Out event, and the Council often reschedules its regular meeting on the first Tuesday of November for Election Day purposes. The Council has determined that it would be more efficient to amend the code to permanently move the regular meetings occurring on the first Tuesday ' in August and the first Tuesday in November to 5:00 p.m. 1 B. The Council also has met and will continue to meet on most regular meeting days for Council workshops, and it is appropriate to clarify 1 Council Meeting Times— Nat/Night Out& Election Day that these workshops also constitute regular council meetings of the Kent City Council. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 2.01.020 of the Kent City Code, entitled "City Council Meetings," is amended as follows: Sec. 2.01.020. City Council Meetings. A. Meeting location. The regular and other meetings of the City Council shall be held in the Council Chambers at the City Hall unless otherwise designated by majority of the City Council at a regular or special meeting. B. Regular meeting date and time. The regular meetings shall be held on the first and third Tuesday of each month, except that during the month of December of each year, there shall be only one (1) regular Council meeting to be held on the second Tuesday of said month. If a i regular meeting occurs on a legal holiday, the meeting shall be held on the next business day at the same hour. Regular meetings shall convene at 7:00 a.m., except that the regular meeting scheduled for the first Tuesday in August and the first Tuesday in November shall be held at 5:00 p.m. C. Special meetings. Special meetings shall be held as provided by law at such times as may be designated. ffleeting shall be held en the next business day at the same heUF. D. Council workshops. Council will hold workshops to discuss pending local and regional issues at 5:30 p.m. on each regular Council meeting 2 Council Meeting Times— Natl Night Out& Election Day r day, except when a regular or special Council meeting occurs at or before 1 5:30 p.m. Although typically no final action is expected to occur at these workshops, they do constitute regular Council meetings and are subject to all the rights and limitations available to Council at any regular meeting_ SECTION 2. - Severability, If any one or more section, rsubsections, 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 3. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: r BRENDA JACOBER, CITY CLERK 1 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY r 3 Council Meeting Times— Natl Night Out& Election Day r PASSED: day of July, 2009. APPROVED: day of July, 2009. PUBLISHED: day of July, 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.\Civil\Ordinance\CounciIMeetingTim es-NadNightOut&Election Day doc r 4 Council Meeting Times— Natl Night Out& Election Day Kent City Council Meeting Date July 7, 2009 1 Category Consent Calendar - 6J 1. SUBJECT: SCHUVER ESTATES FINAL PLAT - APPROVE 2. SUMMARY STATEMENT: Approve the final plat mylar for Schuver Estates and authorize the Mayor to sign the mylar. The Hearing Examiner recommended approval for the applicant Belmont Homes, Inc., aka Darnell LLC, to subdivide approximately 3.72 acres into 13 single-family residential lots. The property is located at 23606 116th Avenue SE. 1 1 3. EXHIBITS: Map and Memo with conditions ' 4. RECOMMENDED BY: Community Development & Public Works Dept. Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes ! No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: r r r Z 11�2,M AV£SE ��'' 116TH AVE. S.E. 113 PRE.S� \ Fn - 115M R 5£ r NOt'04'41"E ' 257.05 116M AID Sr 117M PL SE rn I ' rn cn y�WEn -n W c" WIN AY£X � i I CIfT1 t c v,µ owa1+ j aN I SoN N �Jrnoz �X DLnImn Jcofo7 z� mom� �=_vi�ozmf�' U) cn �0 I IlI1 r cn nz _ N � -+ 8 Ornoo� 0j� i any j p�NFF zoo Z � mrn N n I �;") I En IS c z o �a SA cn ' rn fq r "�Nm C-- Z oV� 1 ��\ rn� n W g Z o `D c O � \ ------ S °° -1 m �' � ,�. 1177H AVE. S.E. n �5� 0 `o cm RIGHT-OF-WAYzi a' T N - -----------a cn Ln ly ��N v OD DD � (p FF CD En n C'J r � V r 0 z O � T T G n 2 rn z —1 m Vrnf = —I cn Id N —I C7 to H- 0 -az � m T �MNmr�i v mZ � 00 cn Ftii r O coo m mom DcD V ' 0w C N01'05'13"E 257.05 r r r COMMUNITY DEVELOPMENT r Fred N. Satterstrom, AICP, Director • PLANNING SERVICES \1-17iCENT Charlene Anderson, AICP, Manager WASHINGTON Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 July 7, 2009 TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBBIE RAPLEE AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR SUZETTE COOKE SUBJECT: SCHUVER ESTATES FINAL PLAT (#FSU-2006-5/KIVA #2083369) r MOTION: Approve the final plat m lar for Schuver Estates and authorize the PP P Y Mayor to sign the mylar. r SUMMARY: The Hearing Examiner recommended approval for the applicant , Belmont Homes, Inc., n/k/a Darnell, LLC, to subdivide approximately 3.72 acres into 13 single-family residential lots. The property is located at 23606 116tn Avenue SE. r BUDGET IMPACT: None BACKGROUND: On November 15, 2006, the Kent Hearing Examiner issued Findings, Conclusions and a Decision granting approval of a preliminary plat, with 20 conditions. The applicant has complied with the conditions required prior to recording. Enclosure: Conditions of approval — Hearing Examiner r S:\Permlt\Plan\LONGPLATS\2009\2083369_FSU-2006-5.doc r r 1 A. PRIOR TO RECORDING THE PLAT FOR THIS SUBDIVISION: r 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. t2. The Owner / Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital information can be r formatted in either *.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and must relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The locations, descriptions and elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify the required precision. 3. The Owner / Subdivider shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A public gravity sanitary sewer system to serve all lots. ' The public sanitary sewer system shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor. The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations. b. A public water system meeting domestic and fire flow requirements for all lots. The public water system shall be extended and shall be sized to serve all off-site properties within the same service area; in addition, the water main extension shall be extended across the entire subdivision as needed to serve adjacent properties within rthe same service area, unless otherwise determined by the water purveyor. r r Existing wells - if any - shall be decommissioned in accordance with the requirements of the Department of Ecology. C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans. The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning Services approved Detailed Tree Plan. (3) The retention / detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention / detention pond tract at an appropriate engineering scale. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. (5) A downstream analysis is required for this development, ' and it will include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. (6) If infiltration can be accomplished on site, given site soils, roof downspouts for each roofed structure (house, I garage, carport, etc.) shall be diverted to a Roof Downspout Infiltration System meeting the requirements of section 5.4.5, Infiltration Trenches, of the 1998 Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The drainage plans shall include an approved detail for the roof downspout infiltration system. The face of the recorded plat shall contain the following restriction: 1 AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS. (7) If determined necessary by the Public Works Department following review and approval of the required downstream analysis, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. ' (8) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to ' Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. ' These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation. (9) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is ' contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the ' requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for every lot. ' (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot-by-lot basis will not be considered. (3) These plans will use a 2-foot maximum contour interval, j and every fifth contour line will be darker and wider in conformance to standard drafting practice. ' (4) Grading of the site shall be minimized and where done shall follow the natural contours as much as possible, , minimizing the need for retaining walls. Any retaining walls shall be no more than four (4) feet high except along wetland buffers and around detention/retention ponds where they may be no more than six (6) feet high ' along interior property lines. Walls around detention ponds shall not exceed 50 percent of the perimeter of the pond and ponds shall be landscaped per City standards. ' The walls shall be constructed of rockery, other natural material, or with Planning Services and Public Works approvals may be constructed of patterned concrete that simulates natural materials. Where structural walls are required to support access roads and as such cannot be constructed of rockery or natural material, the walls shall be faced with such materials. Site conditions may warrant slight adjustments to wall height during construction. Height adjustments up to 10% of the overall height may be permissible and are subject to review and approval by Planning Services and Public Works. Grading to achieve flat building lots shall be minimized. e. If wetland or wetland buffer impacts are proposed, a Final Wetland Mitigation Plan and bond quantity worksheet meeting the requirements of the Kent City Code Chapter 11.06. These plans shall pursue avoiding or minimizing impacts to wetlands to ' the maximum extent possible by analyzing alternatives that would avoid the impact. If grading is a part of the final wetland I mitigation plan, all grading shall be included on the grading plan for the entire site, including buffers and appropriate Building Setback Lines. ' f. Interim Street Improvement Plans for 116th Avenue Southeast along the entire property frontage thereon. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Minor Arterial With Bike Lanes within the City of Kent Comprehensive Plan. Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curbs & gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalk along the east side of the street. (2) A minimum of 22-feet of Hot Mix Asphalt (HMA) pavement as measured from the approved centerline of the street to the face of curb on the east side of the street, plus at least 12-feet of asphalt pavement as measured from the City-approved centerline to the edge of the traveled lane on the west side of the street, plus a City-approved shoulder on the west side of the street. The entire HMA pavement width specified above shall be provided with a 20-year service life as determined by the ' process identified in the City of Kent Development Assistance Brochure #6-2, Private and Public Street Requirements. rNOTE: the pavement section of this street will conform to the minimum standards for a Minor Arterial Street, even though the specified interim street improvement is similar to a Residential Collector Arterial Street with Bike Lanes. (3) The ultimate width for the right-of-way is 47.5 feet on either side of the approved centerline to accommodate a future five-lane street section. (4) A City-owned street lighting system. (5) The existing overhead utility wires along the east side of ' 116th Avenue Southeast shall either be undergrounded, or the wood utility poles shall be relocated to that area of the new right-of-way that will provide a minimum of 10- feet between the future face of vertical curb, and the face t of the wood pole. In other words, the relocated wood utility poles will be located so that the face of the pole is ' at least 44-feet from the approved centerline of this public street. (6) Public stormwater conveyance, detention and treatment ' facilities as applicable. (7) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. g. Street Improvement Plans for the new public Residential Street t connected to 117th Avenue Southeast and connecting to 116th Avenue Southeast. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide with parking limited to one side ' only. Initial guidance for these street improvements is given below: (1) Combined vertical curb & gutter, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then a 5-foot wide cement concrete sidewalk along both sides of the street. , (2) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as measured from face of vertical curb to face of vertical curb. (3) A street lighting system designed to the City's standards, ' constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by the Home Owner's Association created for this subdivision. (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (5) Curb return radii of 30-feet at the intersection of this 1 residential street and 116t' Avenue Southeast. (6) The inside curb return radius for the ell intersection shall be no less than 30-feet, the outside curb return radius for the ell intersection shall be no less than 60-feet. ' (7) The existing temporary cul-de-sac located off-site just north of the north property line shall be removed entirely and the street reconstructed with vertical curb and ' gutters and sidewalks at the locations and widths matching the existing. (8) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. h. Street Improvement Plans for the new Private Residential Street connected to the Residential Street and terminating with a ' permanent approved turnaround at its easterly terminus. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance ' Brochure # 6-8, Street Improvement Plans for a street at least 20-feet wide. Initial guidance for these street improvements is given below: ' (1) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, or from face of vertical curb to face of vertical curb, except where the Fire Marshal requires additional pavement width for emergency vehicle access. (2) An approved permanent turnaround at its terminus, unless this additional street improvements are not required by the City Fire Marshal. (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (4) This private street will connect to the public street system ' with a Residential Concrete Driveway Approach conforming to the minimum requirements of Standard Detail 6-5(c). The minimum design inside radii for the driveway approach serving this private street shall be 30- feet to the drive aisle, if sufficient to allow a BUS 40 access. (5) This private street will conform to the minimum horizontal and vertical alignment and safe stropping sight distances requirements for a public Residential Street. (6) Fire Lanes - if any - shall be marked as directed by the ' Fire Marshal. (7) The private street must be centered within a private roadway tract or easement that is at least 1-foot wider than the total width of the private street and sidewalk combination. i. Street Lighting Plans for 116th Avenue Southeast Street meeting the requirements of the CU of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements, for a Residential Collector Arterial Street , with Bike Lanes. NOTE: Unless the existing overhead utility wires are undergrounded along the subject frontage for 116th Avenue i Southeast, the street light design will have difficulty in maintaining the minimum clearance of 10-feet between the lowest overhead electric wire and the closest point of the City- owned street light. 4. The Owner / Subdivider shall create a Homeowner's Association for ' this subdivision to ensure that the property owners within this subdivision are advised of their obligation to pay for the energy and maintenance required for the street lighting system installed in their development. Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and ' approved by the Department of Public Works, prior to the recording these documents. S. The face of the final plat will clearly identify the private street, and which lots will be served by that private street. The face of the final plat will also specify that the maintenance of this private street is the sole responsibility of the property owners who are served by that private street. r r 6. Direct vehicular access to and from lots having frontage along 116th Avenue Southeast is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG 116T" AVENUE SOUTHEAST IS RESTRICTED TO THE NEW RESIDENTIAL STREET CREATED WITHIN THE SUBDIVISION. 7. The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. a. The minimum public right-of-way for the new residential street is 50-feet, neither sidewalks, nor planter strips will be located within public easements. rb. The minimum abutting half right-of-way width for 116th Avenue Southeast is for a Minor Arterial Street with Bike Lanes, and will be 47.5-feet. 8. The Owner / Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created sensitive area(s) and the associated buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, pursuant to Kent City Code Chapter 11.06. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner / Subdivider shall provide a legal description of said easement or tract prepared by a ' licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS / EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, ' SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE 1 r OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE ' FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING ' SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE ' AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC ' UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. THE CITY OF KENT ALSO RESERVES THE RIGHT TO ENHANCE THE SENSITIVE AREA TRACT OR EASEMENT VIA PLANTING NATIVE VEGETATION AND REMOVING NON-NATIVE OR INVASIVE VEGETATION. 9. After construction, the wetland and /or streams and their associated buffer areas shall be isolated from intrusion by installing a permanent wildlife-passable fence (split rail cedar). In addition, wetland/sensitive area information signs approved by the Department of Public Works shall be placed at the buffer edge to inform and educate owners and ' nearby residents about the value of wetlands/sensitive areas. 10. Prior to release of any construction bonds, and prior to the approval of , any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or 1 elevations are deemed critical by the Department of Public Works. r 11. Break-away mailbox clusters shall be installed at locations and per standards approved by the U.S. Post Master and the City of Kent Public Works Department. 12. Lot 6 shall be adjusted to meet the minimum lot width of 5,700 square feet for the SR-6 zone. 13. The Owner/Subdivider shall submit for review and approval, obtain a ' permit, and remove or otherwise relocate the existing structures in accordance with Kent City Codes. ' 14. The Owner/Subdivider shall obtain approval from the City Planning Department of a minor boundary line adjustment for Lot 6 to bring the lot size into compliance with minimum lot size standards. ' B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER SUBDIVIDER SHALL: ' 1. Record the Plat. 2. Construct all of the improvements required in Section B, above, and pay the respective fees-in-lieu-of including any mitigation (EMA or EMF) charges. ' 3. Receive approval of the required As-Built Drawings for Street, Street Lighting, Water, Sewer, and Stormwater Management Facilities as deemed appropriate by the Department of Public Works. 4. Construct all wetland mitigation plans, wetland and stream buffer ' plans, install all required wildlife passable fences and any other conditions to protect or enhance critical areas. 5. Grading to achieve flat building lots shall be minimized and where idone shall follow the natural contours as much as possible, minimizing the need for retaining walls. Reference condition A.3.d. (4) for additional restrictions on retaining walls. C. MISCELLANEOUS: The Applicant shall endeavor to minimize landfill waste in the removal of existing buildings on the subject property. As an alternative to demolition of the existing residence on Lot 1, the Applicant shall first consider preservation ' of the existing residence if possible; as a second recourse, the Applicant shall consider the feasibility of moving the residence to another location. To the extent possible, the Applicant shall recycle materials of buildings, including ' the residence on Lot 1 if preservation is not feasible. 1 r Kent City Council Meeting Date July 7, 2009 Category Bids - 8A 1. SUBJECT: 84T" AVENUE SOUTH STREET IMPROVEMENTS (EAST VALLEY HIGHWAY) 2. SUMMARY STATEMENT: The Bid opening for this project was held on June 30, 2009 with five (5) bids received. The low responsive bid was submitted by R.W. Scott Construction Co., for Alternate A in the amount of $3,596,417.93. The Engineers estimate was $3,439,371.03. The Public Works Director recommends awarding this contract to R.W. Scott Construction Co. 3. EXHIBITS: Memorandum dated 7/1/2009 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember Lmoves, CouncilmemberEW6'Q-/ seconds to authorize the Mayor to enter into a contract to award the 84"' Avenue South Improvements, (East Valley Highway) project to R.W. Scott Construction Co., for Alternate A in the amount of $3,596,417.93. DISCUSSION: Iv� ACTION: Vb PUBLIC WORKS DEPARTMENT Larry R. Blanchard. Public Works Director K Address: 220 Fourth Avenue S. ENT Kent, WA. 98032-5895 WASH ING TO N Phone: 253-856-5500 Fax: 253-856-6500 DATE: July 01, 2009 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: 84th Avenue South Improvements (East Valley Highway) The City has traditionally constructed roadway projects using asphalt pavement due to its lower initial cost. However, the useful life of asphalt is significantly shorter than concrete pavement. Due to the favorable bidding climate for construction projects, the Public Works Department requested alternate bids for the East Valley Highway Improvements project. Alternate A assumed asphalt paving throughout the project, while Alternate B paved the outside or`curb lane' in concrete. Concrete curb lanes have been used to successfully extend overall pavement life in a number of communities where curb lanes accommodate heavy bus and truck traffic, which is the case on East Valley Highway. Due to federal bidding regulations the City was allowed to request bid alternates; however, the amount of money available for construction of the project and the preferred alternate must be established prior to the bid opening. The amount available for construction is $3,600,000 and the preferred alternate is Alternate B (concrete curb lanes). The lowest responsive bid can be awarded by the City - if both Alternates are below the available funding, then the preferred alternate (Alternate B) can be awarded. 1 The bid opening for this project was held on June 30, 2009 with five (5) bids received. The lowest responsive bid for both Alternates was submitted by R.W. Scott Construction in the amount of $3,596,417.93 for Alternate A. R.W. Scott also submitted the lowest responsive bid for Alternate B, $3,773,054.43; however, this bid is higher than the amount available for construction and is therefore not eligible for federal funds. The Engineer's estimate for Alternate A was $3,439,371.03 and for Alternate B was $3,600,000.00. The Public Works Director recommends awarding Alternative A of this contract to R.W. Scott Construction. Bid Summary: Alternative A: Alternative B: 1. R.W. Scott $3,596,417.93 $3,773,054.43 2. Rodarte Construction, Inc. $3,612,420.60 $3,780,570.60 3. DPK $4,389,236.25 $4,682,786.25 4. Construct Company $4,445,991.47 $4,514,971.47 5. Tri-State Construction Inc. $5,011,978.45 $5,232,340.95 Engineer's Estimate $3,439,371.03 $3,600,000.00 U:\PWCommlttee\2009\ToCouncll\070109 doc REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE '��ncxL Jcj nL E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE a-lY�,z� 1 ',2 CID E:pD + ,� F. PUBLIC SAFETY COMMITTEE Tic" 5 CD G. PUBLIC WORKS rH. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES KEN T` WASH 1 N O T O N OPERATIONS COMMITTEE MINUTES 1 JUNE 2, 2009 Committee Members Present: Debbie Raplee, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:04 p.m. 1. APPROVAL OF MINUTES DATED MAY 5, 2009 Raplee moved to approve the minutes of the May 5, 2009 Operations Committee meeting. Clark seconded the motion, which passed 2-0. Clark had Thomas's concurrence. 2. APPROVAL OF VOUCHERS DATED APRIL 30, 2009 & MAY 15, 2009 Finance Director Bob Nachlinger presented the vouchers for April 30, 2009 and May 15, 2009. Raplee moved to approve the vouchers dated April 30, 2009 & May 15, 2009. Clark seconded the motion, which passed 2-0. Clark had Thomas's concurrence. 3. MOVE TO RECOMMEND COUNCIL ADOPT THE PROPOSED RESOLUTION NO. ISSUING A RATE ORDER PRESERVING CITY RIGHTS AND REQUIRING COMCAST TO DROP ITS NETWORK ADD-ON FEE BEGINNING JULY 1, 2009. Multimedia Manager Dea Drake advised that FCC regulations require Comcast to file an annual report to the City justifying its proposed rates for Cable Television basic service tier programming (Limited Cable Package), installation charges and associated equipment. Drake submitted a slightly different Resolution than what was included in the packet along with a letter that is referred to in the packet. When the original resolution was submitted they did not yet have the final signed letter from Comcast, page 2, first paragraph, there was a May date that has now been changed to the June date. The next change is on page 2, last paragraph, changes are underlined. Date on page 3, first paragraph, due to an error, the date was changed from 2009 to 2010 because the rate form they file ends in 2010 not 2009. The City has the right to review these proposed rates and either 1)take no action 2)perform a full-blown rate review or 3) perform no additional review and issue a rate order preserving our rights. Details of these options and recommendations are attached in a memorandum from our Cable Consultant, Michael R. Bradley, Attorney at Law. Comcast currently charges $15.30 for its basic service tier programming; a maximum permitted rate of $14.14 plus a network add-on fee of $1.16. The recent forms filed by Comcast establish proposed rates for the period from July 1, 2009, through June 30, 2010. Under this filing, Comcast has claimed Operations Committee Minutes June 2, 2009 Page: 2 an adjusted rate of $15.94, which includes a maximum permitted rate of $14.78 and a network add-on fee of $1.16. The $1.16 per month per subscriber network add-on fee is allowed via FCC rules in order for Cable providers to recover the actual costs of upgrading to a fiber optic system. Comcast began charging this fee in Kent approximately March 1, 1999 and has included it in its current rate forms through June 30, 2010. It is our position that these costs have been recovered and this fee should be dropped, as it has in surrounding communities. Drake further advised that a tentative agreement has been reached with Comcast whereby Comcast agrees to stop charging the network add-on fee and the City agrees that it will not seek retroactive reimbursements. This agreement is similar to those reached by other cities in the area. This resolution formalizes this action while preserving the City's rate-order rights. Clark questioned the 2009 date, which both Drake and Deputy City Attorney Pat Fitzpatrick responded to. Raplee moved to recommend Council adopt the proposed Resolution No. issuing a rate order preserving City rights and requiring Comcast to drop its network add-on fee beginning July 1, 2009 and go under other business before full Council. Clark seconded the motion, which passed 2-0. 4. MOVE TO RECOMMEND THAT THE FLEXPASS PROGRAM AGREEMENT BE PLACED ON THE CONSENT CALENDAR FOR THE JUNE 16, 2009, CITY COUNCIL MEETING AUTHORIZING THE MAYOR TO SIGN A ONE YEAR CONTRACT WITH KING COUNTY METRO, SOUND TRANSIT, AND PIERCE TRANSIT FOR THE FLEXPASS PROGRAM. Employee Services HR Analyst Patrice Gillum noted that The City contracts with King County, Sound Transit and Pierce Transit for the sale of Flexpasses. The FlexPass Program allows for eligible Commute Trip Reduction (CTR) affected employees to choose from a variety of non-SOV (Single Occupancy Vehicle) commute options provided by King County Metro, Sound Transit and Pierce Transit. The FlexPass is valid for any service operated by King County Metro, Sound Transit and on all Pierce Transit service. The pass will also serve as a vanpool pass up to a face value of $75.00 per month. Gillum also noted that this year the contract did increase by $3288 but did have 14 more employees that participated over the last year. Clark requested more information as to whether the FlexPass program will include the new light rail system. Raplee moved to recommend that the FlexPass program agreement be placed on the consent calendar for the June 16, 2009, City Council meeting authorizing the Mayor to sign a one year contract with King County Metro, Sound Transit, and Pierce Transit for the FlexPass Program. Thomas seconded the motion, which passed 3-0. 5. MOVE TO RECOMMEND THAT THE OPERATIONS COMMITTEE APPROVE THE REQUEST TO ISSUE $25 MILLION IN UTILITY SYSTEM REVENUE BONDS TO UNDERTAKE VARIOUS WATER, SEWER AND DRAINAGE PROJECTS. 3 Operations Committee Minutes June 2, 2009 Page: 3 Finance Director Bob Nachlinger advised that this motion is to provide guidance to Administration on the type and amount of Utility System Revenue Bonds we should 1 issue. Nachlinger distributed the memo from Public Works that was modified slightly when it went to the Public Works Committee on June 1. The change is in the project listing on the second page, under the East Hill Reservoir and Main. The utility systems have recently raised their rates in order to provide the necessary funds to maintain and improve the systems. There is some urgency about some of the water and drainage projects that need to be accomplished as soon as possible such as levee repairs in the Horseshoe Bend area of the Green River. We could wait until the increased rates produce the funds necessary for these projects or we could bond for the funds and use a portion of the increased revenues to retire the debt. I am attaching the memo that the Public Works department has forwarded to their City Council Committee asking for their approval of the projects they wish to accomplish soon. After we have a better understanding of your wishes we will return and ask for your approval of the necessary bond documents should that be the direction. A detailed analysis on available revenues is attached. Public Works Director Larry Blanchard responded to questions from Clark as to the possibility of increases in quality requirements from various agencies in the future. Thomas moved to recommend that the Operations Committee approve the request to issue $25 million in Utility System Revenue bonds to undertake various Water, Sewer and Drainage projects. Raplee seconded the motion, which passed 3-0. 6. MONTHLY BUDGET SUMMARY (INFORMATIONAL ONLY) Finance Director Bob Nachlinger gave a brief overview of the monthly budget summary report making specific references to the General Fund Budget Analysis, page 53; building permits, page 45; plan check fees, page 46, sales tax charts, page 41. Thomas questioned the reason for the 116% jump under City Clerk Expenditures on page 71. Nachlinger indicated that was due to upfront costs for the Election. Nachlinger then gave an overview of the financial performance of the ShoWare Center, revenues and expenditures related to Operations. Questions were raised by the Committee which Nachlinger responded to. Resident Paul Morford asked to speak; he expressed concerns regarding permits and questioned why the Permit Center was closed earlier in the Day. Mayor Suzette Cooke responded to his inquiry. The eting ad�'Qurne 5:05 p.m. ro— y, Nancy Cla Operation Commit e Secretary Page 1 City of Kent IParks and Human Services Committee Meeting KENT Minutes of May 21, 2009 W.- Council Committee Members Present: Debbie Ranniger, Tim Clark and Elizabeth Albertson Debbie Ranniger announced that the open house for the interim Off Leash Dog Park is on June 3, from 6:30 p.m. to 8:30 p.m. at the Kent Phoenix Academy. Call to Order: Debbie Ranniger called the meeting to order at 5:02 p.m. Item #1: Meeting Minutes Dated April 16, 2009 Elizabeth Albertson moved to approve the minutes of April 16, 2009. Tim Clark seconded. The motion passed 3-0. Item #2: 2008 Community Development Block Grant Action Plan Amendment Two - Authorize The city was awarded $211,080.00 in CDBG recovery funds (CDBG-R) through the American Recovery and Reinvestment Act of 2009. To receive these funds, HUD is requiring 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 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 Kent Parks Department, Human Services Division for planning and administration activities. Tim Clark moved to recommend Council authorize the Mayor to sign Amendment Two to the CDBG One-Year Action Plan accepting $211,080.00 in additional CDBG funds, allocating $189,972.00 to the KYFS Watson Manor Roof Replacement Project and $21,108.00 to planning and administration tasks. Elizabeth Albertson seconded. The motion passed 3-0. The Watson Manor house is a transitional housing program for parenting homeless iteens for up to two years. They provid an apartment, parenting classes, education classes, case management and support systems, as well as opportunities to explore their own education and employment. The eight rooms provided are always full and there is always a waiting list. Page 2 Council asked for an update on human services. Katherin Johnson provided information based on a report given at the Human Services Commission by Mike Heinisch of Kent Youth and Family Services. The state was asked by the counties for some different funding opportunities to cover human services costs. They didn't get most of what they asked for. The state did say yes to using the .3% sales tax option and noted that counties may supplant with that, but it must have public vote. They were given supplantation language with the mental health money. They can use these funds to backfill, but it is time-limited: 50% year one, 40% year two, 30% year three, then down to zero and a non-supplanting state. They were told they could have a property tax levy lift, but it must go to the voters. Now it's back to the County Council to decide what to do. Impacts to Kent: July 1, the "Lifeboat" agencies will no longer be funded by King County. That represents approximately $2M county-wide. For the City of Kent direct services to Kent residents is $180,000 for the balance of 2009. The second part of the lifeboat strategy is that King Co gets out of the human service business. That means by the year 2010 funding will be reduced by 50%, and by 2011 the remaining balance. For Kent, that means $400,000 in 2010 and another $400,000 in 2011. The agencies that serve residents in our city will lose that money. In comparison, to the amount of money that we fund, you will see it's South King County - there are 10 agencies put funds into human services at approximately $2.5M. King County invests $ 2.2M in South King County agencies. It's almost an equal amount of money, and we've always relied on that match to help support the community. For agencies, this means a tremendous impact to their budgets. To start working on these issues, Kent partnered a joint-summit with the City of Renton and local agencies to meet and discuss: what they are planning, what are their strategies, and to find out if they are they working with their Boards yet. A noteworthy point of the meeting is the work already done by Jewish Family Services to cut costs and maintain service levels. It started a good conversation. The agencies realized how they can rely on each other for advice and how to improve working with their Boards. They want to continue the dialogue. A second meeting will be scheduled in June. Katherin went on to say that there has been a 30% increase in temporary assistance to needy families who've never used our services before. Tim Clark asked if the budget cuts in Seattle will cause people to shift south. Katherin responded that South King County is very limited in transitional housing. The Multi Service Center is turning away forty families per month. Families are being referred to other cities. The migration south is occurring, but homeless families are looking for anywhere they can stay. The number of families living in their cars has grown significantly. They aren't always letting the school district know for fear of losing their children. Elizabeth noted that the Phoenix Academy had a food drive for their own classmates and families. Page 3 Elizabeth Albertson asked if we know of any agencies to be concerned about. Katherin replied that sole providers like King County Sexual Assault Agency may 1 lose their funding and they are the only agency providing that service. Tim Clark asked about King County Public Health in regard to health and dental. Katherin responded that King County Public Health is actually in worse shape than Human Services, but no new information is coming out. The only news is that the Kent Teen Clinic will become a Family Medical Center. Item #3: 2009 4Culture Sustained Support Grant Agreement - Authorize 4Culture has awarded the Kent Arts Commission $17,000.00 in Sustained Support funding through a competitive grant process. The funding will support 2009 programs, including Spotlight Series performances, Kent Kids' Arts Day, Kent Summer Concert Series and two Missoula Children's Theatre residencies. Elizabeth Albertson moved to recommend Council authorize the Mayor to sign the Sustained Support grant agreement in the amount of $17,000.00 from 4Culture to support 2009 Kent Arts Commission programs and approve the expenditure of funds in the Kent Arts Commission budget. Tim Clark seconded. The motion passed 3-0. Item #4: Lake Fenwick Floating Dock Proiect Agreement - Authorize 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. Tim Clark moved to recommend Council authorize the Mayor to sign the agreement for $29,700.00 with Berger/Abam Engineers, Inc. to complete services for the Floating Dock Project at Lake Fenwick. Elizabeth Albertson seconded. The motion passed 3-0. iItem #5: Department of Community, Trade and Economic Development Reimbursement Grant Agreement for Clark Lake Park - Authorize 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 in 2004, and reimbursement received. The second parcel was acquired in 2007. The contract expired before the reimbursement request was processed, so a new contract needs to be signed. This grant request was approved by the Department of Community, Trade, and Economic Development on April 3, 2009. The $217,809.00 in funds awarded under this contract will be used to reimburse the 2007 land acquisition from the purchase of the Dr. Melvin Lake rental property at Clark Lake Park. Page 4 Elizabeth Albertson moved to recommend Council authorize the Mayor to sign the Grant Agreement with the Department of Community, Trade, and Economic Development for $217,809.00 to reimburse land acquisition budget. Tim Clark seconded. The motion passed 3-0. Item #6: Quota International Donation for Service Club Ballfields — Accept and Amend 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 $35,000.00 for the playground equipment and helped construct picnic tables. The park was dedicated in November 2006. This $10,000.00 donation represents the final payment of the club's pledge. Tim Clark Moved to recommend Council accept $10,000.00 from Quota International of Kent Valley, for final payment o playground equipment at Service Club Ballfields, and approve the expenditure of funds in the Service Club Ballfields budget. Elizabeth Albertson seconded. The motion passed 3-0. Item #7: Retaining Wall and Access Easement at Arbor Heights 360 — Authorize The owner of the Arbor Village Assisted community property, Health Care REIT, Inc., located directly west of Arbor Heights 3600 at SE 240t" Street and 1161n Avenue SE, has constructed a retaining wall on city property, which they will maintain. Health Care REIT, the " Grantee" requests a retaining wall and maintenance easement. City Council approved the easements on September 18, 2007, but the easement was never recorded. Since that approval, Arbor Village was sold to Health Care REIT, so it is in the best interests of the City to record the easement with the current owner of the property as grantee. Elizabeth Albertson moved to recommend Council authorize the Mayor to sign the Retaining Wall and Maintenance Access Easement for property at Arbor Heights 3600, upon approval by the City Attorney. Tim Clark seconded. The motion passed 3-0. Item #8: PSE Resource Conservation Manager Program Grant Agreement — Authorize 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 finding additional efficiencies in energy consumption within the city's infrastructure. The RCM Program focuses on the development and implementation of a Resource Management Plan. This opportunity honors a necessary component of federal stimulus funding by demonstrating collaboration with our local utility provider, as well. Per the agreement, the city is committing a portion of existing staff time, as this program fits within our work plan. The city will be awarded grant funds each Page 5 year for achieving the identified energy efficiencies (up to $44,000.00 over the three year period). Tim Clark moved to recommend Council authorize the Mayor to sign the agreement with PSE to implement the Resource Conservation Manager Program. Elizabeth Albertson seconded. The motion passed 3-0. Tim Clark asked if we are also looking at garbage and recycling. Jeff responded that this grant focuses on energy efficiency. Jeff continued that a city team has been formed to work on information for the application that is due by June 25. The city's failing HVAC systems are potential projects for funding. In addition, a consortium of local cities plans to donate a portion of their eligible funds to provide regional conservation efficiencies if awarded. Item #9: Lake Meridian Boat Launch Update — Informational The boat launch on Lake Meridian was renovated, adding a boarding float. The City of Kent initiated a $5.00 boat launch fee at Lake Meridian Park. On February 19, 2009, the first daily fee was collected. As of April 30, 205 daily tickets were sold, and a total of 10 annual passes have been sold. Of these passes: 1 lives in unincorporated King County, 1 lives in Pacific, 2 live in Covington, 2 live in Kent, but not on Lake Meridian, 3 live in Auburn, and 1 in Renton. On July 1, the fee goes to $25.00 for the rest of the year. Staff attended Homeowners Association meetings, conducted public meetings at the park and spoke to the Kent Police Department regarding issues on the lake. Excessive speed that leads to dock, boat and shoreline erosion and damage. There are two boat launches at Lake Meridian; one is operated by Park Maintenance and the other, north of ours, is owned and operated by the Washington State Department of Fish and Wildlife. That agency requires a Vehicle Use Permit, whether you fish from the bank, or launch your boat from that site. If you buy a fishing license, you get the license automatically, or it can be purchased or separately. iSome of the problems at the lake have been associated with that launch site because it is unlocked at night. Some of the problems occurring are: dumping after dark, parties on adjacent docks that are owned privately, use of private boats on that site, and the potential entry for boat theft. Maintenance locks the city's boat launch gate each evening and opens early in the morning for fishing. Staff spoke with Fish and Wildlife staff and discussed resolution to these problems. They are willing to entertain the thought of the city taking over the operation and maintenance of the boat launch, as we do with Lake Fenwick. Some of the underlying principles associated with that ramp would still have to be upheld. We could not charge the $5.00 launch fee, and it would have to be maintained as a Fisheries Vehicle/Recreational Use Permit site. The maintenance and operations agreement could be as simple as just locking and unlocking the gates. Since Lake Fenwick and Lake Meridian are open year-round, the city should not be bound by the regulation that requires gates opened 24 hours preceding the opening day of Page 6 fishing season. This will obviously be an additional cost to the city. The state launch site is in need of repair. If the state gets a grant for boating projects from Recreation and Conservation Office, the city has to pay a 25% match for that grant, but the state gets 100% of that grant. The hope is to enter into a partnership with the state to get grant funds to upgrade the launch site before the city takes over maintenance and operation of it. Lori added that the Washington State legislature just deferred the next two years of grant funds from the boating program to keep Washington State Parks open. That means we are two years out form getting any renovation funding. Elizabeth Albertson referenced the city's $25.00 fee and the state's $10.95 fee for lake access. Lori confirmed and added that the city's annual pass is $50.00, and as of July 1, it is $25.00, or the daily pass can be purchased at $5.00 for each launch. Elizabeth Albertson asked how many tickets are issued from the fee machine. Currently, the ticket machine is programmed to generate one ticket per customer. Staff plan to implement a two-stub ticket upon compliance with the city's cash handling policy and approval by the Finance Department to reduce the likelihood of fraud. Hopefully that system will be implemented shortly. One ticket will be displayed in the vehicle and the other in the boat. The fee machine is solar operated and the screen is touch activated. Lori added that some of the Lake residents prefer the two ticket system. Staff will continue conversations with the state and come back with some options. Item #10: Director's Reuort • There were two successful volunteer events this month: Earth Day with 100 volunteers at Lake Fenwick, and Arbor Day, 127 volunteers at West Fenwick. • Kiwanis Tot Lot #1 was refurbished, funded by CDBG funds. New play equipment was installed on May 20. More upgrades are planned. Dinah Wilson did a terrific job working with all the Federal requirements for this project. It will be ready for a summer camp program in June. • The second Graffiti removal event is June 20. Contact Sara Wood in the Police Department at 253-856-5851. • East Hill Off Leash Dog Park Open House is June 3, from 6:30 p.m. to 8:30 p.m. at the Kent Phoenix Academy. The goal is to gather information from interested participants and narrow down the choices from five potential interim sites to two on East Hill. • National Trails Day is June 6, at Glenn Nelson Park from 9:00 a.m. to 12:00 p.m. • Artists for the mural at West Hill Skate Park will be selected on May 28. The mural will be unveiled on June 30. Working with Police to address the graffiti problems. There were two entries from local artists. • The carousel will be up and running in the gravel area next to Town Square Plaza from July 17/18, through Labor Day. It will be a great addition to the activities in the Plaza and downtown, such as the Saturday Farmer's Market. Three groups are operating the Carousel this summer and will receive a portion of the proceeds. If interested in using the Carousel as a fund raiser, call Kent Page 7 Parks Foundation at 253-856-5099 or Parks Administration at 253-856-5100. • The Kent Parks Foundation Gift Catalog is available. For information call 253- 856-5099. Along with providing support for giving, it tells a story of the diversity of Park's programs. • Junior Olympics was May 9, with 1,400 athletes and 5,000 spectators. • The "Free Family Fun Summer 2009" brochure promotes free events offered by the Parks and Recreation Department. It will be available soon. • The Summer Guide of programs, services and events is in the mail to Kent citizens and available at city facilities. The meeting adjourned at 6:04 p.m. Respectfully submitted, r Teri Petrole Committee Council Secretary i Parks and Human Services Committee Page 7 Minutes of May 21, 2009 1 PUBLIC WORKS COMMITTEE MINUTES June 1, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger and Committee Members Ron Harmon and Debbie Raplee were present. The meeting was called to order at 5:00 p.m. ITEM 1- Approval of Minutes Dated May 18, 2009 Committee Member Harmon moved to approve the minutes of May 18, 2009. The motion was seconded by Raplee and passed 3-0. ITEM 2- S. 282nd Street - No Parking Prohibition Amending Kent City Code (KCC) 9138.020: Design Engineering Supervisor, Chad Bieren spoke briefly on the parking prohibition on 282nd Street between 132nd and 1441h Ave SE. Staff has been monitoring speeds in this area and after looking at the roadway, has decided to re-stripe 282nd and install a bike lane. Harmon was assured by staff that the neighborhood is aware of the upcoming changes. Raplee moved to recommend the City Council adopt an ordinance to amend the Parking Code (Kent City Code 9.38.020, No Parking Zones) to include SE 282nd Street between 132nd Avenue SE and 144`h Avenue SE, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 3-Contract/Jason Eng-East Valley Hwy Materials Testing & Inspection Services: Deputy Public Works Director, Tim LaPorte stated that the City was able to secure funds from the President's Stimulus Package for the East Valley Highway Project. The East Valley Highway project requires the help of outside inspection services to ensure federal reporting requirements and project specifications are met. Harmon moved to recommend authorizing the Mayor to sign a contract with Jason Engineering & Consulting Business, Inc. for Construction Inspection and Materials Testing for the East Valley Highway project in the amount of $193,694.00, upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 4 -Update/Information Only - Howard Hanson Dam, Flood Response Planning & Other Flooding Related Issues: Public Works Director, Larry Blanchard gave a brief PowerPoint presentation which highlighted the damage that was done in the January 2009 flood and what new information has been presented from the Army Corps of Engineers regarding the sinkholes in the Howard Hanson Dam. City staff is tracking the situation closely and will provide updates. The public can check for updates online from the City's website at .www.ci.kent.wa.us/emergencvmanagement. No Motion Required, Information Only 1 ITEM 5 - Approval to Issue Revenue Bonds for Water & Drainage Capital Proiects: Public Works Director, Larry Blanchard noted that at the May 19, 2009 City Council Workshop the topic of Revenue Bond Sales was discussed with the overall consensus from the council to go forward with the sale of revenue bonds with payments made from the revenue generated from utility rates. Staff was instructed to review the list of projects needing to be completed. The total revenue bond sale request is for $25,000,000. The Operations Committee will be reviewing a request from the Finance Director for guidance in the selling of these bonds on June 2, 2009 to complete the process for obtaining necessary approval to Page 1 of 2 U \PWCommittee\Minutes\PWMinutes 05 18 09 doc 2 PUBLIC WORKS COMMITTEE MINUTES June 1, 2009 proceed forward with the revenue bond sale. Raplee moved to authorize the issuance of $25,000,000 in Revenue Bonds the payment for said bonds shall be generated from Utility Fund Revenue for the Construction of Water System and Drainage System Capital Construction Projects. The motion was seconded by Harmon and passed 3-0. ITEM 6 — Information Only/Construction of Public Improvements to Reduce Out of Phase Construction: Public Works Director, Larry Blanchard stated that staff will continue to prepare modifications to Kent City Code in an effort to reduce out of phase construction of transportation improvements to City of Kent owned transportation systems as a result of private development projects. Staff answered committee members' questions. Staff will bring this item back at a later date. Information Only No Motion Required Added Item: Kent resident, Garry Stewart asked if bollards could be placed at the split rail fence at Meridian Meadows. He also asked about the manhole for the sewer line on the west side of the walking path. Staff will get back to Mr. Stewart. Adjourned: The meeting was adjourned at 6:28 p.m. Next Scheduled Meetina: Tuesday, June 23, 2009 at 5:00 pm r Page 2 of 2 U•\PWCommittee\Minutes\PWMinutes 06 01 09.doc i CONTINUED COMMUNICATIONS A. Pcl/ 0141'al-q A� r P) i i r L L 1 r r i r t EXECUTIVE SESSION iACTION AFTER EXECUTIVE SESSION i r i 1 r t 1 t 1 r 1 t