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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 12/08/2009 AGENDA City of Kent G r CityCouncil Meeting Agenda December 8, 2009 Mayor Suzette Cooke Debbie Raplee, Council President Councilmembers Elizabeth Albertson Ron Harmon Tim Clark Deborah Ranniger Jamie Danielson Les Thomas if KENT WASH �NGTON 1 City Clerk's Office a KENT CITY COUNCIL AGENDAS KENT December 8, 2009 WASH IN 6T ON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas COUNCIL WORKSHOP CANCELLED ********************************************************************** A reception will be held at 6:30 p.m. to thank Tim Clark for his 16 years of service to the City as a councilmember. ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Employee of the Month D. Public Safety Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. 2010 Government Relations Consulting Services Agreement - Authorize D. Lodging Tax Committee Appointment - Confirm E. 2009 Annual Docket Report - Approve F. Sale of Surplus Vehicles and Equipment - Authorize G. Contract with Univar USA, Inc. for 2010 Water Treatment Chemical Supply - Authorize H. Contract with JCI for 2010 Water Treatment Chemical Supply - 1 Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED I. Contract with Gray & Osborne, Inc. for 640 Zone Water Reservoir - Authorize J. Contract with Washington State Department of Transportation for Review of SR 167 Bridge/S. 224th Street Project - Authorize K. Grant from Washington State Department of Ecology for Lake Fenwick Brazilian Elodea Eradication - Accept L. Contract with AMEC Geomatrix, Inc. for Downey Farmstead Restoration Project - Authorize M. Contract with Herrera Environmental for Downey Farmstead Restoration Project - Authorize N. Contract with Shannon & Wilson for Horseshoe Bend Levee Improvements - Authorize O. Contract with GeoEngineers for Horseshoe Bend Levee Improvements - Authorize P. Jail Population Manager Position - Authorize 7. OTHER BUSINESS A. Panther Lake Annexation Ordinance B. Regional Fire Protection Service Authority C. 2009 Property Tax Levy for 2010 Budget Ordinances 1 D. 2010 Operating Budget Ordinance E. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 Ordinances F. Comprehensive Plan Amendment to Include 2010-2015 Capital Improvement Plan Ordinance G. Department of Ecology Grant for the Horseshoe Bend Levee Improvement Project 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Labor Negotiations 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. •a .,s� 1C+ pm ,,o F- .. ao` >.oroQs mcE J � WCL M+ c J v,v �UVc m uaE "ut� �yosoa�� C -Z3Jd E C W O p mn�o � m� Eu •`� u ? 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC iPUBLIC COMMUNICATIONS tA) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) EMPLOYEE OF THE MONTH D) PUBLIC SAFETY REPORT i i Kent City Council Meeting Date December 8, 2009 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through P. i Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of November 17, 2009. 6B. Approval of Bills. Approval of payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on December 1, 2009. ' Approval of checks issued for vouchers: Date Check Numbers Amount 11/15/09 Wire Transfers 3943-3960 $2,126,518.45 11/15/09 Regular Checks 637744-638229 1,544,372.26 Void Checks 638054 -8,478.83 Use Tax Payable 17,966.29 $3,680,378.17 Approval of checks issued for payroll for October 16 through October 31 and paid on November 5, 2009: Date Check Numbers Amount 11/5/09 Checks 3314783-315024 $ 194,519.98 11/5/09 advices 257437-258217 1,703,809.12 $1,898,329.10 (Continued on back) Approval of checks issued for payroll for November 1 through November 15 and paid on November 9, 2009: Date Check Numbers Amount 11/9/09 Void Checks 314638 and 314676 ($514.47) 11/9/09 Reissued Checks 315025 and 315026 $514.47 $0.00 Approval of checks issued for payroll for November 1 through November 15 and paid on November 20, 2009: Date Check Numbers Amount 11/20/09 Checks 315027-315250 $ 171,374.97 11/20/09 Advices 258218-258996 1696,277.98 $1,867,652.95 1 4^4 i dh Kent City Council Meeting KENT W.S N ON November 17 2009 HI GT The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Counalmembers present: Albertson, Clark, Danielson, Harmon, Raplee, and Thomas. Councilmember Ranniger was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration. Staff. (CFN-198) CAO Hodgson requested that property acquisition be added to the Executive Session and that the Public Safety Report be removed from the agenda. He added that action may be taken after the Executive Session. tB. From the Public. (CFN-198) Nothing was added by the public. I PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. 1 B. Employee Recognition. (CFN-198) Operations Manager Don Millett noted that Public Works staff worked around the clock for 30 days to fill and place 17,000 large sandbags along the Green River to protect the city from potential flooding. He intro- duced Utilities Superintendant Greg Reed and Street Superintendant Bill Thomas, who introduced the crew and commended them on doing a fabulous job. C. Community Events. (CFN-198) Albertson announced the upcoming Christmas Fun Run on December 12, and Mayor Cooke noted that Winterfest is on December 5. D. Green Business of the Year. (CFN-155) Gina Hungerford of the Public Works Department announced that the Boeing Company has been selected as Green Business of the Year, and presented the award to Kyle Duncan, Director of Integrated Defense Systems Puget Sound Operations, who expressed appreciation for the award. E. Employee of the Month. (CFN-147) City Attorney Brubaker announced that Chief Prosecutor Tami Perdue has been chosen as Employee of the Month for November. He stated that she is an excellent lawyer and outlined some of her successes. Perdue was then presented with the Employee of the Month Award. F. School Partnerships Proclamation. (CFN-155) Mayor Cooke read a pro- clamation recognizing and expressing gratitude to Sandy Collins for her 32 years of service on the Kent School District Board of Directors, and proclaiming December 8, 2009, as "Sandy Collins Day" in the City of Kent. ' G. Legislative Agenda. (CFN-198) Doug Levy explained the following top priority issues for the 2010 Legislature: flood response and prevention efforts, streamlined sales tax, brokered natural gas tax, street utility authority, the SR167/SR516 inter- change, and unfunded mandates. He clarified that the Growth Management Act will continue to be administered by the Department of Commerce, which was formerly known as the Department of Community, Trade and Economic Development. 1 Kent City Council Minutes November 17, 2009 PUBLIC HEARINGS A. 2010 Operating Budget. (CFN-186) This is the second public hearing on the 2010 Operating Budget. Finance Director Nachlinger noted that the Operating Budget for all funds totals $157,833,706 and that the General Fund Budget is $80,250,000. He explained how the budget is developed and showed various breakdowns. Mayor Cooke opened the public hearing. The following persons spoke about the need for continuing support of housing and human services: ' Karen Williams 1402 3rd Avenue, Seattle Mike Heinisch 232 2"d Avenue South, Kent ' Manuela Ginnett 515 W. Harrison, Kent The following persons spoke about the need for soccer fields: Mark Fremmerli 16838 234th Way SE, Kent Rupinder Khebra 10878 SE 214th Place, Kent Zak Boughlef 12210 SE 2591h Place, Kent Jordan Rizvi 21828 SE 267th Street, Kent Marci Klinkenberg 13810 SE 193rd Street, Renton The following persons spoke about the recent cut of Barry Fretwell and youth/teen programs from the Parks Department budget, and urged the Council to reinstate them: Tom Larsen 23960 58th Ct. South, Kent Barry Fretwell 738 Prospect Avenue North, Kent Mimi Mulambo 6227 S. 237th St., Kent Davinder Saini 22919 105th Avenue SE, Kent Lisa Pham 24200 1291h Avenue SE, Kent Stefani Paladino 12520 SE 2251h Ct., Kent Erika Enciso 827 W. Valley Highway, Kent Allen Rowland 13304 SE 1041h Place, Renton Sarah Hagan 25925 128th Place SE, Kent Lizbeth Ramirez 856 S. Central, Kent , Julia Vasiliauskas 10003 SE 81h St., Bellevue Kimmie Marton 3506 114th Avenue East, Edgewood Dmitry Kraskovsky 5224 S. 237th PI., Kent Eduardo Bailey 25035 1081h Ave. SE, Kent Anne Schmidt 2028 W. Meeker St., Kent Denton Hanford, 247S6 136th SE, Kent, opined that the 2009 sales tax revenue projections are at least $5,000,000 too high, which will have a substantial impact on the 2010 budget. He said he believes that other revenues are at least $1.3 million overstated, and that the City is looking at a $100,000,000 problem for 2009 and 2010. Raplee moved to make the correspondence on the budget received tonight a part of the record. Clark seconded and the motion carried. There were no further comments from the audience and Raplee moved to close the public hearing. Clark seconded. At Clark's request, Hodgson explained that ball fields 2 Kent City Council Minutes November 17, 2009 are in the Capital Facilities Plan for the next few years and noted that the children playing soccer in the City of Kent during the past two years have not missed a game. He invited the private sector to partner with the City to provide fields. The motion to close the hearing then carried. fiB. 2010-2015 Capital Improvement Plan and Comprehensive Plan Amendments. (CFN-775) Finance Director Nachlinger noted that this is the second ' hearing on the Capital Improvement Plan, which in addition to a budget and planning document, also serves as the Capital Facilities Element of the Comprehensive Plan. He said the Plan totals $101,600,000, and the 2010 portion is $11,372,000, the bulk of which is for utility purposes. He gave a breakdown of the plan and noted that the Plan does not include any of the capital anticipated for the Panther Lake Annexation. Mayor Cooke opened the public hearing. There were no comments from the audience and Raplee moved to close the public hearing. Clark seconded and the motion carried. C. 2009 Tax Levy for 2010 Budget. (CFN-104) Finance Director Nachlinger said I the proposed tax levy represents approximately 17% of the total City budget. He pointed out that the amount of property tax is limited to a 1% annual growth. He explained the calculations and Mayor Cooke opened the public hearing. There were no comments from the audience and Raplee moved to close the public hearing. Clark seconded and the motion carried. D. Kent Comprehensive Plan and Amendments to Kent City Code Chapter 12.13 School Impact Fees. (CFN-775,961,1000) Charlene Anderson of the Planning Division explained that the proposed amendments would update the Capital Facilities Plans of the Kent, Auburn and Federal Way School Districts, which are part ' of the Capital Facilities Element of the Kent Comprehensive Plan. She explained how the plans are developed and Mayor Cooke opened the public hearing. John Knutson, Executive Director of Finance for the Kent School District, 12033 SE 256th, Kent, spoke in support of the District's 2009 Capital Facilities Plan and outlined some of the significant projects in the Plan. He noted that the proposed impact fees are up by 1 7%, which is consistent with the Consumer Price Index. Tanya Nascimento, Demographic Forecaster with the Federal Way Public Schools, 31405 18th Avenue South in Federal Way, spoke in support of the Capital Facilities Plan and the related impact fees. She noted that the multifamily fee was increased by $381 and that the single family fee was decreased by $185. There were no further comments from the audience and Raplee moved to close the public hearing. Clark seconded and 1 the motion carried. CONSENT CALENDAR ' Raplee moved to approve Consent Calendar Items A through E. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of November 3, 2009, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through October 15 and paid on October 15 after auditing by the Operations Committee on October 20, 2009, was approved. 3 Kent City Council Minutes November 17, 2009 Checks issued for vouchers were approved: Date Check Numbers Amount 10/15/09 Wire Transfers 3907-3922 $2,186,248.00 10/15/09 Regular Checks 636729-637337 2,417,886.00 Use Tax Payable 3,124.10 $4,607,258.10 Checks issued for payroll for October 1 through October 15 and paid on October 20, 2009, were approved: Date Check Numbers Amount 10/20/09 Checks 314546-314782 $ 181,891.79 10/20/09 Advices 256658-257436 1,664,847.32 $1,846,739.11 C. Washington Traffic Safety Commission Grant. (CFN-122) The grant award from the Washington Traffic Commission Grant in an amount not to exceed $6,000 was accepted, and the Police Chief was authorized to sign all the necessary documents. D. Fire Prevention Interlocal Agreement. (CFN-122) The Mayor was authorized to sign the interlocal agreement between the Cities of Kent and Covington relating to fire prevention. E. Council Absence. (CFN-198) An excused absence from tonight's meeting for Councilmember Ranniger was approved. OTHER BUSINESS A. Joint Underwriting Association. (CFN-1318) City Attorney Brubaker explained that because some public comments and media coverage regarding the condition of the Howard Hanson dam have led to the assumption that winter flooding is inevitable, the insurance market has dried up. He said the scarcity of supplemental flood , insurance has hit Green River Valley business especially hard, and that national flood insurance limits are grossly inadequate for commercial, distribution, and warehousing firms who depend on the operation of millions of dollars worth of equipment. He said the Washington State Legislature has the ability to establish a "Joint Underwriting Association" which could assure the creation of a supplemental insurance market and that staff recommends adoption of a resolution urging the Legislature to take immediate action to establish such an association. Mayor Cooke added that it would take six months to put such an association together, and that although costs for insurance have started to go down, it is important to go through the initiation development steps. Clark moved to adopt Resolution No. 1818 requesting that the Legislature establish a Joint Underwriting Association to make supplemental flood insurance available to Green River Valley businesses. Raplee seconded and the motion carried. B. Local Business Preference. (CFN-198) The City Attorney explained the proposed ordinance, noting that it encourages a "best efforts" approach to purchase from or contract with local Kent businesses. He emphasized that it is not mandatory 4 ' Kent City Council Minutes November 17, 2009 and will not prohibit staff from comparing the quality or fitness for use of supplies, materials, equipment or services when selecting the best vendor, whether within or outside of Kent. Brubaker noted that a written record of reasons for not purchasing from a local business must be kept, and explained the exemptions. All agreed to incorporate verbiage in Section 1.D of the proposed ordinance saying that a written record would not be required for purchases under $250. Clark moved to adopt Ordinance No. 3935 which amends Chapter 3.70 of the Kent City Code to add a new Section 3.70.045 establishing a procurement preference for purchasing from or contracting with local Kent businesses, as amended. Thomas seconded. 1 Harmon spoke in support of the ordinance and Danielson opined that although shopping locally is the Council's intent, a stated preference should be contained in the City Code. The motion then carried. REPORTS A. Council President. (CFN-198) Raplee announced a special workshop on the budget at 5:00 p.m. on Wednesday, December 2, 2009. B. Mayor. (CFN-198) Mayor Cooke noted that the King County Executive has asked all cities within the county to respond as to whether they would participate in a county-wide Transportation Benefit District, and that the Public Works Committee was opposed since there was no time to study the issue before responding. ' C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) Danielson stated that the committee will be looking at a docket amendment relating to height restrictions. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) No report was given. 1 H. Administration. (CFN-198) Hodgson reminded the Council of an Executive Session with one item of labor negotiations and two items of property acquisition, which should last approximately 20 minutes, with action to follow. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:45 p.m. and reconvened at j10:13 p.m. A. Labor Negotiations. (CFN-198) Clark moved to authorize the Mayor to sign a one-year contract extension with Teamsters Local 117 effective January 1, 2010 through December 31, 2010. Raplee seconded and the motion carried. B. Property Acauisition. (CFN-198) Raplee moved to authorize the Mayor to sign all necessary documents to purchase property located at 26025 SE Kent-Kangley Road in an amount to be supported by an appraisal and subject to final terms and 5 Kent City Council Minutes November 17, 2009 ' conditions acceptable to the Public Works Director and the City Attorney. Hodgson noted that this property relates to the water supply system at Clark Springs. Harmon seconded and the motion carried. Raplee moved to authorize the Mayor to sign all necessary documents to purchase residential real property located at 407 Alder Lane, subject to approval of final terms and conditions by the Public Works Director and the City Attorney. Hodgson noted that this property relates to the levee system. Harmon seconded and the motion carried. ADJOURNMENT The meeting adjourned at 10:15 p.m. (CFN-198) I Brenda Jacober, CIVIC City Clerk 6 ' Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 6C 1. SUBJECT: 2010 GOVERNMENT RELATIONS CONSULTING SERVICES AGREEMENT - AUTHORIZE 1 2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement with Outcomes by Levy in the amount of $63,000, for lobbying services to be provided during 2010, and ratify all acts consistent with the terms of the Agreement. Since 2000, the City has contracted annually with Doug Levy of Outcomes by Levy to provide lobbying services to the City of Kent. Mr. Levy has proven himself to be extremely effective in advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding issues of Iimportance to Kent. r 3. EXHIBITS: 2010 Consultant Services Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' 6 t 40 KENT WAS MIM1GT!"N CONSULTANT SERVICES AGREEMENT between the City of Kent and Outcomes by Levy THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Outcomes by Levy organized under the laws of the State of Washington, located and doing business at 15619 NE 62"a Place, Kenmore, WA 98028; 425-922-3999 (hereinafter the "Consultant"). 1 I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Scope of Work: The following outlines the scope of work under this Agreement. Specific work plans shall be developed mutually and reviewed on a regular basis Assist with issue identification and meetings with Kent legislators prior to the Legislative ' Session • Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives • Assist with pursuit of funding for Kent projects, particularly at the state and federal levels. Reporting and Communication: ' The Consultant shall communicate weekly with designated staff regarding work under this Agreement. Monthly summaries of work completed shall be appended to invoices for payment. Consultant further represents that the services furnished under this Agreement will be performed in iaccordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in 1 Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I during the year 2010 and ending on December 31, 2010. 1 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Three Thousand and six hundred dollars ($63,600 00), not including approved and agreed upon expenses for the services described in this Agreement, The City shall reimburse the Consultant for expenses incurred while doing business on the City's behalf, which shall be limited to meals, parking, lodging, mileage at the State of Washington's standard reimbursement rate, phone calls attributable to City of Kent business, legislative session office space and expenses, and other travel and conference/meeting expenses where such attendance is directed by the City Where such expenses are incurred in connection with work on legislative or regulatory issues affecting the Contractor's other relevant clients, these expenses shall be pro-rated to maximum extent practicable. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon , providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, Doug Levy/ 11/12/2009Page 2 i including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's 1 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. VIIL INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference IIX. 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 1 inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code. the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. Doug Levy/ l 1/12/2009Page 3 B. Non-Waiver of Breach. The failure of the Cityto insist upon strict performance of an of the P P Y covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and , construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by taw; 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. Alt communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance , of those operations. Doug Levy/ 11/12/2009Page 4 , 10 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) (vignature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) (Title) DATE- DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Doug Levy John M Hodgson, CAO Outcomes by Levy City of Kent 15619 NE 62nd Place 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 (425) 922-3999 (telephone) (253) 856-5710 (telephone) (425) 424-8921 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department 1 Doug Levy/ 11/12/2009Page 5 DECLARATION ' CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows. , 1. I have read the attached City of Kent administrative policy number 12. 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 1, 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- I CITY OF KENT 12 ADMINISTRATIVE POLICY NUMBER. 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES. April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: ' Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors. subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_. By: ' For: Title: Date: i EEO COMPLIANCE DOCUMENTS-3 14 EXHIBIT A PAYMENT SCHEDULE 1 Invoices shall be submitted monthly for 1/12 of the annual contract amount and any relevant expenses as detailed in the contract. EXHIBIT B 1 INSURANCE REQUIREMENTS ' No Insurance is required for this Contract. 1 1 1 ' EEO COMPLIANCE DOCUMENTS-4 ' 15 Exhibit A Scope of Work: The following outlines the scope of work under this Agreement. Specific work plans ' shall be developed mutually and reviewed on a regular basis. • Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. • Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities • Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. • Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. ■ Assist with pursuit of funding for Kent projects,particularly at the state and federal levels. ' Reporting and Communication: The Consultant shall communicate weekly with designated staff regarding work under this Agreement Monthly summaries of work completed shall be appended to invoices for payment. 1 1 1 ' 16 EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS ' No Insurance is required for this Contract. f 1 1 1 1 1 1 i 1 Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 6D 1. SUBJECT: LODGING TAX COMMITTEE APPOINTMENT - CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Barbara Smith to the Lodging Tax Advisory Committee. Barbara Smith will fill the position on the Lodging Tax Advisory Committee, which was previously filled by Jacquie Alexander. This position represents persons working in activities funded by Lodging Tax. Ms. Smith's term will expire on December 31, 2011. i 1 3. EXHIBITS: None 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No X 6. CITY COUNCIL ACTION: ' Counalmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 6E 1. SUBJECT: 2009 ANNUAL DOCKET REPORT - APPROVE 2. SUMMARY STATEMENT: Approve the 2009 Annual Docket Report, which lists this year's suggestions for changes to the comprehensive plan text, area- wide comprehensive plan land use map, and development regulations according to Kent City Code Chapter 12.02. The docket added one item to staff's 2010 work program (DKT-2009-1), specifically to consider establishing definitive height limits for the Downtown Commercial Enterprise Zoning District within 300 feet of single-family residential areas. No applications for privately initiated Comprehensive Plan Land Use Map amendments were received. i3. EXHIBITS: Staff memo dated 12/1/09 with attached 2009 Annual Docket Report and docket application 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager \-47K EN T Phone: 253-856-5454 NnSHIN G'OM1 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 December 1, 2009 TO: Mayor Suzette Cooke, Council President Debbie Raplee and City Council Members FROM: William D. Osborne, AICP, Long-Range Planner RE: 2009 Annual Docket Report MOTION: Approve the 2009 Annual Docket Report. SUMMARY: The City Council adopted Ordinance 3722 in 2004 amending Chapter 12.02 of the Kent City Code (KCC) to establish a docketing process as required by the Growth Management Act (GMA). In 2007, Council adopted Ordinance 3847 which amended the procedural and substantive requirements for docket application submittals The 2009 Annual Docket Report follows the process outlined In Chapter 12 02 KCC Both the 2009 Annual Docket Report and docket application are included in the agenda packet The Planning & Economic Development Committee recommends including the docketed item for analysis in the Planning Division's 2010 work program. BUDGET IMPACT: None BACKGROUND: The Growth Management Act has outlined a procedure for jurisdictions to follow that assists the public in making suggested amendments to the Comprehensive Plan, development regulations, and growth policies on an annual basis. "Docketing" refers to compiling and maintaining a list of suggested changes to the Comprehensive Plan or development regulations to ensure they will be considered by the City and will be available for review by the public. The deadline for filing a docket item is the same as for the annual map amendments, i.e., the first business day of September. The 2009 Annual Docket Report contains one item for consideration. This year the City received no applications for privately initiated Comprehensive Plan Land Use Map amendments. Dkt-2009-1 A private citizen proposes an amendment of the City of Kent development regulations to establish definitive height limits for the Downtown Commercial Enterprise (DCE) Zoning District within three hundred (300) feet of single-family residential areas. C41WO/pm P \Planning\DOCKETING�2009�PEDC\Dkt-2009-1_CCMemo_120809 doc End 2009 Annual Docket Report and Docket Application Dkt-2009-1 cc Fred N Satterstronn,AICP, Planning Dir Charlene Anderson,AICP, Planning Mgr i m (L N X W O 0 O N_ a)I N o C � o C7 N cr) J U 0 C m O N N C m V > L N N 1 N O C Y E O 0 0 U o ° O > m m m N v i c E o W 2E m m W ` T N E d rn= m Y o o o 0 o ua` � E Ea S m W m E > O O N J a m U E m C > 'O L C E E E o m L a C C m > [2 1 U 0 E U U N LT N 0 c U o m Y E @ � N � � G O _ F N C IrlEoi 0Q N C O co m Lm Cl) 0 C i m o 3 0 0 0 0 m E m E_ J C y N N E L C N m C N cmELN `m a m o —>_ E 2 E U E o w p0 m N — in Y m in `0 E O E O 0 w� U U � O � 0 � O U O Y O � J - ,� ___ ,. - Planning Services Location:400 W.Gowe• Mail to:220 4th Avenue South•Kent,WA 98032-5895 ® Permit Center(253)856-5302 FAX:(253)856-6412 KEN T www.ci.kent.wa.us/permitcenter W/SHINOTON ■@( to /g� Amendments @�Ay. PLANNING SERVICES Docket Form for Amendme■0 s to the Comprehensive Plan Please print in black ink only. and Development Regulations Application Name: t�Cc- ��D ��TS k*2/ 227_ Docket#: OFFICE USE ONLY OFFICE USE ONLY Date Application Received: Received by: Applicant: _ Name: !-I n/I I E�ael LV- j_a hn sin Daytime Phone: ( 2 j3 es-Z 7y Mailing Address:,6 /40e Ak Fax Number: City/State/Zip. J &t T, Signature. Professional License No: E-mail: klvqjzrf o Agent/Consultant/Attorney: (mandatory if primary contact Is different from applicant) Name: Daytime Phone: Mailing Address: Fax Number: City/State/Zip: E-mail: Signature Please provide a statement in the space provided below or on an attached sheet as needed for the suggested change(s)to the comprehensive plan or development regulations with regards to the relevant criteria listed below: • Detailed statement of the proposal and reason • How the change would be compliant with the for the amendment; Growth Management Act; • Anticipated impacts of the change, including • How the change would be compliant with the the geographic area affected and issues Countywide Planning Policies; and presented; • How functional plans (e.g.subarea plans, utility • Why existing comprehensive plan and plans)and capital improvement programs (e g. development regulations should not continue in transportation improvement program)support effect or why existing criteria no longer apply; the change. Yee G, &-hlu2i AUG 2 0 2009 PERMIT GENTER GHI-2 PSD4098.6130108 p lof3 Ql. Detailed statement of the proposal and reason for the amendment. Al. The proposed amendment is to add a building height restriction into the Downtown Commercial Enterprise (DCE) zone development regulations. In particular, a building height restriction would be added at the boundaries between the DCE zone and single-family residential zones. Specifically, the restriction proposed is that within 300 feet of a single-family residential zone, building heights could be no higher than the height restriction for the single-family residential zone. The reason for this proposal is because the DCE zone currently has no height restrictions and the only current way that boundary impacts on high buildings abutting against residential buildings are addressed is through the Downtown Design Review and Multifamily Design Review processes on a case by case basis. Those reviews are also not public reviews. This proposed amendment would add to the Kent City DCE regulations a height restriction at the boundaries which is consistent with other neighboring cities such as Federal Way, Auburn, and Renton. For example, Renton puts a regulation on the boundary that buildings in their downtown center (CD zone) up against a residential zone can only be 20 feet above the height restrictions of the residential zone. A copy of some of the height restriction codes for Federal Way, Auburn and Renton are found in the Appendix and those paragraphs that refer to restrictions on the boundaries are underlined and bolded. Q2. Anticipated impacts of the change, including the geographic area i affected and issues presented. A2. This change would restrict building heights on the boundaries of the DCE zone that abut a single-family residential zone. Beyond 300 feet of the single-family residential zone into the DCE, all height restrictions would disappear, allowing the full high-density population desired in the DCE. i Q3. Why existing comprehensive plan and development regulations should not continue in effect or why existing criteria no longer apply. A3. The current DCE regulations are completely silent on height restrictions in the DCE zone. But there is recognition by the City of Kent that high buildings abutting residential areas will have adverse impacts and allows these to be addressed in Downtown Design Reviews on an individual case by case basis. But these are not public reviews. On an issue with obvious potential large impact to an abutting residential zone, there should be some permanent public regulations that all parties can follow and depend on consistently. And having these regulations would put Kent in line with neighboring cities' height restriction regulations for commercial or multi- family buildings abutting residential zones. Q4. How the change would be compliant with the Growth Management act. A4. The Growth Management Act does require higher density development in a cities downtown core. But the Act does not require every square foot of a downtown core have unlimited building heights to get that overall density required. With this limited change of adding building height restrictions on the boundaries of the DCE, the Growth Management Act requirements should easily still be met. Q5. How the change would be compliant with the Countywide Planning Policies. A5. This change should not in any way be non-compliant with any County Planning Policies on height restrictions inside the City boundary. 1 Q6. How functional plans (e.g., sub-area plans, utility plans) and capital improvement programs (e.g., transportation improvement program) support the change. A6. A restriction on building heights in the DCE zone up against the single- family residential zones will actually result in less impact to the local infrastructure that would have been required to support very high buildings on residential zone boundaries. Traffic would have less impact in the neighboring residential zone as well as less extensive utilities upgrades in the residential zone to accommodate high buildings with high population density. 1 I 1 � i ' HEIGHT RESTRICTION CODES APPENDIX 3 Federal Way Code: 19.240.150 Multi-unit housing. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: Maximum Height of Structure: 40 ft. above average building elevation (AABE) to 55 ft. AABE See notes 3 and 4 3. If approved by the director of community development services, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE, if all of the following criteria are met: a. The additional height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height complies with note 4; and c. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 4. Building height may not exceed 30 ft. AABE when located between 20 ft. and 40 ft. from a single-family residential zone, and may not exceed 40 ft. AABE when located between 40 ft. and 100 ft. from such zone: and height over 40 ft. shall be set back from all other zones by one ft. for each one ft. of height over 40 ft. i 5. The subject property must contain at least one acre for every 22 dwelling units. L Auburn City Code Chapter 18.26 C-1 LIGHT COMMERCIAL DISTRICT 18.26.010 Intent. The intent and objective of this classification and its application is to provide for the location of a grouping of uses which are considered compatible uses having common or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on-premises retail activities. This zone represents the primary commercial designation for small to moderate scale commercial activities and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages leisure shopping and provides amenities conducive to attracting shoppers. (Ord. 4547 § 4 (Exh. B), 1992; Ord. 4229 § 2, 1987.) 18 26 040 Development standards. E. Maximum building height: 45 feet. Buildings within the Auburn North Business Area as established by Resolution 2283, may exceed 45 feet if one additional foot of setback is provided from each property line for each foot the building exceeds 45 feet in height. RENTON CITY CODE: I DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS: A CN - 35ft. In no case shall height exceed the limits specified in RMC 4-3-020. CV - 50 ft., except 60 ft. if the ground floor of the building is in commercial use. CA - 50 ft., except 60 ft. for mixed use (commercial and residential) in the same building. Heights may exceed the maximum height with a Conditional Use Permit.16 In no case shall height exceed the limits specified in RMC 4-3-020. 16. The following height requests may be made: APPLICABLE HEIGHT CHANGE REQUEST CONDITIONAL USE ONE PERMIT TYPE 11 of the CV kxceed height of 50 feet 1FD Zone Exceed height of 45 feet when abutting R-8 or R-10 Zone 11 of the CA Exceed maximum height AD Zone = Hearing Examiner D = Administrative Conditional Use In consideration of a request for conditional use permit for additional building height, the Reviewing Official shall consider the following factors I in addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant information. a. Location Criteria: Proximity of arterial streets which have sufficient capacity to accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. c Effect on Adjacent Properties: Building heights shall not result in substantial or undue adverse effects on adjacent property. When a building in excess of the maximum height is proposed adjacent to or abuts a lot designated R-1, R-4 R-8. R-10, R-14 or RM-F, then the ri setbacks shall be equivalent to the requirements of the adjacent ! residential zone if the setback standards exceed the requirements of the Commercial Zone. Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 6F 1. SUBJECT: SALE OF SURPLUS VEHICLES AND EQUIPMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize staff to appropriately dispose of twenty- one (21) surplus vehicles and miscellaneous equipment as described in the Public Works memorandum. 3. EXHIBITS: Public Works Memorandum dated 11/2/09 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? X Currently in the Budget? Yes ! No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 3 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E , Public Works Director KENT WASHINGTON Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 2, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 16, 2009 From: Ron Green, Fleet Manager & Don Millett, Operations Manager Through: Tim LaPorte, P.E., Public Works Director Subject: Vehicle and Equipment Surplus Motion: Move to recommend Council authorize the Mayor to approve staff to appropriately dispose of 21 vehicles and miscellaneous equipment as described in this memorandum, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Veh. # Year Make Mileage Reason for Disposal 1017 1992 Ford Taurus 80,102 Transmission is defective. Cost is prohibitive to age of vehicle. 3212 2001 Ford Crown Vic 83,580 Maintenance costs excessive 3215 2001 Ford Crown Vic 78,399 Maintenance costs excessive 3702 2003 BMW Motorcycle 46,693 Cost of maintenance prohibitive 3703 2003 BMW Motorcycle 24,636 Engine seized. Cost prohibitive to repair. 3704 2004 BMW Motorcycle 43,498 Cost of maintenance prohibitive 3713 2005 BMW Motorcycle 50,038 Cost of maintenance prohibitive 3715 2003 BMW Motorcycle 34,603 Cost of maintenance prohibitive 3721 2003 BMW Motorcycle 26,390 Cost of maintenance prohibitive 3722 2002 BMW Motorcycle 38,222 Main electrical harness defective. Excessive cost to replace. 3748 2005 BMW Motorcycle 13,770 Cost of maintenance prohibitive 3810 2004 Ford Crown Vic 107,616 Cost to repair Transmission to costly 3819B 2006 Ford Crown Vic 711157 Vehicle U \PWCommittee\Action Page\2009\11 16 09 Veh and Equipment Surplus doc 4 8701 1991 GMC Jimmy 75,411 Not enough usage to keep active in the Motor Pool. 8716 1988 Dodge Passenger 64,645 Mold & Mildew from leakage, not van enough usage in motor pool to retain. 8754 1992 Ford Taurus 82,221 Not enough usage to keep active in the Motor Pool. 8781 1991 Chevrolet Cargo 61,222 Not enough usage to keep active in , Van the Motor Pool. 8817 1995 GMC Van 78,689 Cost to repair computer & ABS , module to excessive, low usage 8861 1997 Chevrolet Astro 69,216 Not enough usage to keep active in Cargo Van the Motor Pool. 9994 1995 Craftco BAX250 N/A Continued high cost to repair 5343 1987 Highway Sander N/A Replaced in 2009 Miscellaneous: ' Palletized BMW motorcycle obsolete parts. Phased out of Police Operations in 2009 Summary: The listed vehicles/equipment complies with current replacement policy guidelines and has been replaced. The equipment will be sold at auction or smaller cities and agencies as needed. U\PWCommittee\Action Page\2009\11 16 09 Veh and Equipment Surplus doc Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 6G 1. SUBJECT: CONTRACT WITH UNIVAR USA, INC. FOR 2010 WATER TREATMENT CHEMICAL SUPPLY - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2010 Water Treatment Chemical Supply Agreement with Univar USA, Inc. in the amount of $35,613.50, for Sodium Fluoride, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. There will be no unbudgeted fiscal/personnel impact as the funding will come from the 2010 operating budget. 3. EXHIBITS: Public Works Memorandum dated 11/3/2009 and Goods & Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) iS. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 5 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E., Public Works Director Phone: 253-856-5500 Fax. 253-856-6500 KENT WA S HI NG TON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Date: November 3, 2009 To: Chair Debbie Raplee and Public Works Committee From: Bradley Lake, Water Superintendent Through: Tim LaPorte, P.E., Public Works Director Subject: Contract w/Univar USA, Inc for 2010 Water Treatment Chemical MOTION: Move to recommend Council authorize the Mayor to sign the 2010 Water Treatment Chemical Supply Agreement between the City of Kent and Univar USA, Inc. for Sodium Fluoride and 25% Sodium Hydroxide, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budgetary constraints. The use of these chemicals is required to obtain drinking water quality that meets State and Federal Regulations for drinking water standards This treatment chemical is required to supply potable drinking water to the City's water customers. Sodium Fluoride is used fluoridate the drinking water in an effort to help prevent dental cavities in young children. Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. Budget Impact: No Unbudgeted Fiscal/Personnel Impact as the funding ($35,613.50) would come from the 2010 Operating budget. U IM C 4cImn Ng200W 11 16 09Unn arChemContractSBauer doe I • 7 KENT WA3MIN GTON GOODS & SERVICES AGREEMENT between the City of Kent and Univar USA Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Univar USA Inc. organized under the laws of the State of Washington, located and doing business at 8201 S. 212`h Street, Kent, WA 98032, Phone: (253) 872-5000/Fax: (253) 872-5041, Contact: Laura Lanthier (hereinafter the "Vendor"). AGREEMENT tI. DESCRIPTION OF WORK. tVendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with a water treatment chemical (bid items 6) according to the bid proposal submitted October 30, 2009, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2010. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty Four Thousand, Seven Hundred Forty Dollars ($34,740.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over $10,000,00, including WSST) 8 Delivery will be scheduled upon execution of this agreement. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS & SERVICES AGREEMENT - 2 (Over $10,000.00, including WSST) 9 E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable Edlustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A. items 1 through 5 below. GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 10 FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established j under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) 11 defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor shall be responsible for any 1 loss of or damage to materials, tools, or other articles used or held for use in connection with the work. IXIV. 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. GOODS & SERVICES AGREEMENT - 5 (Over $10,000.00, including WSST) 12 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 XI 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 Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this i Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, t each of which shall constitute an original, and all of which will together constitute this one Agreement. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) 13 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) IDATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Laura Lanthier Timothy J. LaPorte, P.E. Univar USA Inc. City of Kent 8201 S. 212`h St. 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (253) 872-5000 (telephone) (253) 856-5500 (telephone) (253) 872-5041 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Univar-2010 Water Chemicals/Bauer GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, Including WSST) 14 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY , The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. t 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 of 3 15 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 jSUBJECT: 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 Iand 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. r EEO COMPLIANCE DOCUMENTS - 2 of 3 16 ' 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 1200_. By: ` For: Title: Date: t 1 � EEO COMPLIANCE DOCUMENTS - 3 of 3 17 � Exhibit A 1 I I 1 1 1 f f 1 i 1 I i � t 1 1 1 18 WATER TREATMENT CHEMICAL SUPPLY FOR 2010 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.2 & 1.6) for the following fees: Bidder' Name: )n,v(IA� 115(� �n�,. Item Estimated Description Bid Unit Total Annual Unit Prices Usage 6 60,000 Sodium Fluoride in 50 Lb. Bags $ o,�-I�I/� $ 3q,-ILlo-00 LBS FOB Clark Springs LB Total i l 1 1 i 1 Company Submitting Proposal r4A 15, u orize i ature Note: Contractor must submit a firm proposal for the contract terms}. I 19 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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 a 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 i no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 20 EXHIBIT B (Continued) C. Other Insurance Provisions * The insurance policies are to contain, or be endorsed to contain, the following i provisions for Automobile Liability and Commercial General Liability insurance: j 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers ' Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. l 1 qq pp �- ... DATE MMJJ�� YYYY PaonucER TII7S CERTIFICATE iS ISSUED AS A MATTER OF AVFORMATFON ONLY Aon Risk Services Central, Inc. Philadelphia PA Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS One Liberty Place RTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE 1650 Market Street COVERAGE AFFORDED BY THE POLICIES BELOW, Suite 1000 Philadelpphia PA 19103 USA INSURERS AFFORDING COVERAGE NAIC N ^oNE- 866 283-7122 PAX- 847 953-5390 ,URED MURERA" AlRerican international Specialty Lines 26883 UNIVAR USA INC a*" S'"`- ' ' 500 108th Avenue NE, Suite 2240 R+scsm", nnlational Union Fire Ins Co of Pittsburgh 19445 Bellevue wok 98004-5580 USA DRSURERc insurance Company of the State of PA 19429 INSUREkD Illinois National Insurance Co 123817 INSURER E, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN S T FNS " rr.�4 P >FOR THE POLICY PERIOD IIIDICATED NOTWITHSTANDING ANY REQUIRISA&T�T TERM OR CONDITION OF ANY CONTRA OTHER CU~W H 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 LIMBS SHOWN ARE AS REQUESTED INSR ADDIL POLICY EFFECTIVE POLICY EXPIRATION LTR JNSRD TYPEOPJNSURANCE POLICY NUMBER DATE(MMIDD\ MITTS YY) DATE(MM1DDlYY) kEN E ERALLIABI,ITY 2602979 03/01/09 03/01/10 EACH OCCURRENCE $3,000,000 X COI,&MRCIAL GENERAL LIABILITY DAMAGE TO RENTED S300,000 CLAIMS MADE X OCCUR PREMISES(Ea OCCLnenCe) MED EXP(Anv one person 10,0 0 X SIR S2,000,000 PERSONAL&ADV INJURY $3,000,000 m GENERAL AGGREGATE $3,000,000 GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPlOPAGG $3,000,000 pX POLICY ❑ JJEC ❑ LOC n a AUTOK08UE LIABILITY 4806890 03/01/09 03/01/10 COMEINED SINGLE LIMIT ANY AUTO Truckers Liability (AOS) (Ea acadmu $5,000,000 a X 4806891 03/01/09 03/01/10 ALL OWNED AUTOS Truckers Liability (NA) BODILY INJURY a SCHEDULED AUTOS 4806892 03/01/09 03/D1/10 (Per perwa) Truckers Liability (vA) HIRED AUTOS BODILY INJURY NON OWNED AUTOS (Per acadenl) PROPERTY DAMAGE (Per acndent) GARAGE LIABILITY AUTO ONLY-£A ACCIDENT 8 ANY AUTO OTHER THAN EA ACC AUTO ONLY AGO EXCESS MMBRELLA LIABILITY EACH OCCURRENCE ❑OCCUR ❑ CLAIMS MADE AGGREGATE BDEDUCTIBLE RETENTION c 15 12 1 X WC STATU- OTH- WOREERS COMPENSATION AND AOS T Y i TER EMPLOYERS'LIABILITY a 1591222 03/01/09 03/01/30 E L EACH ACCIDENT S1,000,000 ANY PROPRIETOR I PARTNER I EXECUTIVE CA OH, OR & WA OFFTCER'MEMDER EXCLUDEDi EL DISEASE-EA EMPLOYEE $1,000,000 _ D 1541223 03/01/09 03/Ol/10 Ifyas,describe under SPECIAL PROVISIONS yJ2 EL DISEASE-POLICY LIMIT $1,000.000 below OTTER DESCRIPTION OF OPERATIONSRLOCATIONS/VEFDCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECL4L PROVISIONS r city of Kent - Public works Engineering is included as Additional Insured with respect to the General Liability and Automobile Liability policies per the attached endorsement. Coverage is Primary and Non-contributory. OWN City of Kent - Public works Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: Nancy Yoshitake DATE THEREOF,THE ISSUING INSURER WILL LNDBAVOR TO MAIL 400 West GOW a 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURB TO DO SO SHALL IMPOSE NO OR LIABILITY Kent wA 98032 USA OF ANY OBLIGATION VJND UPON THE INSURER.IT$AGENTSOR REPRESENTATIVES AUTHORIZED REPRESENTATIVENol BUM ..�d�d�s ✓J,+es(c-Jm - ZGw�+6ra ✓ Attachment to ACORD Certificate for UNIVAR USA INC 22 The terms,conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the msurer(s).This attachment does not contain all terms,conditions,coverages or exclusions contained in the policy. INSURER INSURED UNIVAR USA INC INSURER 500 108th Avenue NE, Suite 2200 Bellevue WA 98004-5580 USA INSURER INSURER INSURER ADDTTIONAL POLICIES if a policy below does not include limit mformatron,refer to the corresponding policy on the ACORD certificate form for policy limits INSR ADD'L POLICY NUMBER POLICY POLICY LTR INSRD TYPE OF INSURANCE POLICY DESCRTPTION EFFECCTVE EXPIRATION LDIRTS DATE DATE AUTOMOBILE LIABILITY R 4806893 03/01/09 03/01/10 combined Commercial Auto (ADS) Single Limi S5,000,00D 4806894 03/01/09 03/01/10 B Commercial Auto (MA) 4806895 03/01/09 03/01/10 B Commercial Auto (VA) WORKERS COMPENSATION 1591221 03/01/09 03/01/10 C FL 1591224 03/01/09 03/01/10 D TX DESCRIPTtON OF OPERATIONS/LOCATIONSMIUCLES/EXCLUSIONS ADDED By ENDORSMtiMNTI5PECTAL PROVISIONS Certificate No: 570033178370 23 POLICY NUMBER:GL 2802979 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION ` This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : locations Of Covered Operations Blanket as required by Contract or Agreement All Location of the Insured I Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these ' include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply with respect to liability for"bodily injury', "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting an your on the project(other than service, maintenance behalf, or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) destg- covered operations has been completed; or nated above 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project, CG 2010 07 04 0 ISQ Properties, Inc_,2004 Page 1 of 1 11 1 Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 6H 1. SUBJECT: CONTRACT WITH JCI FOR 2010 WATER TREATMENT CHEMICAL SUPPLY - AUTHORIZE I2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2010 Water Treatment Chemical Supply Agreement with JCI Jones, Inc. in the amount of $72,600, for Chlorine Gas and 25% Sodium Hydroxide, subJect to terms and conditions acceptable to the City Attorney and the Public Works Director. There will be no unbudgeted fiscal/personnel impact as the funding will come from the 2010 operating budget. i 3. EXHIBITS: Public Works Memorandum dated 11/3/2009 and Goods & Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? 1 Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds rDISCUSSION: ACTION: 25 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director • Phone. 253-856-5500 KEN T Fax: 253-856-6500 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Date: November 3, 2009 To: Chair Debbie Raplee and Public Works Committee From: Bradley Lake, Water Superintendent Subject: Contract with JCI Jones Chemical Inc., for 2010 Water Treatment Chemical MOTION: Move to recommend Council authorize the Mayor to sign the 2010 Water Treatment Chemical Supply Agreement between the City of Kent and JCI Jones Chemical, Inc. for Chlorine Gas and 25% Sodium Hydroxide, subject to terms and conditions acceptable to the City Attorney and the Public IWorks Director. SUMMARY: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budgetary constraints. The use of these chemicals is required to obtain drinking water quality that meets State and Federal Regulations for drinking water standards This treatment chemical is required to supply potable drinking water to the City's water customers. Chlorine Gas is used in the water system as a disinfectant at a variety of the City's well sites. Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact as the funding ($72,600.00) would come from the 2010 Operating budget. I , U/PWCActwn Pg2009/111609UntvarChcmCmn ctSBauer doc 7 27 �IKCNO WAS HINGTON GOODS & SERVICES AGREEMENT i between the City of Kent and ]CI Jones Chemicals, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JCI Jones Chemicals, Inc. organized under the laws of the State of Washington, located and doing business at 1919 Marine View Drive, Tacoma, WA ' 98422, Phone: (253) 274-0104/Fax: (253) 274-0733, Contact: Michelle Trammell (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with water treatment chemicals (bid items 1, 2, 31 4, 51 10 and 11) according to the bid proposal submitted October 30, 2009, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2010. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seventy Two Thousand, Six Hundred Dollars ($72,600.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: 1 GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, Including WSST) 28 ' Delivery will be scheduled upon execution of this agreement. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves 1 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which i Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a t business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an ' independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) 29 E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. IV. 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 I the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, ' materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. 1 The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that ' is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively 1 deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. ' FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY ' GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 30 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred , as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the ' City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) 31 correct any defects within seven (7) calendar days of its receipt of notice from the City of the 1 defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. ' X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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 Iemployment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its rofficers, 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE rINDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. 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. GOODS & SERVICES AGREEMENT- 5 (Over$101000.00, including WSST) 32 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 XI 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 Vendor. ' G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor'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. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) 33 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: 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: VENDOR: CITY OF KENT: Michelle Trammell Timothy J. LaPorte, P.E. ICI Jones Chemicals, Inc. City of Kent 1919 Marine View Dr. 220 Fourth Avenue South Tacoma, WA 98422 Kent, WA 98032 (253) 274-0104 (telephone) (253) 856-5500 (telephone) ' (253) 274-0733 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: i Kent Law Department )CI-2010 Water Chemicals/Bauer i GOODS & SERVICES AGREEMENT - 7 (Over$10,000,00, including WSST) 34 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this , Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any t 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 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 of 3 35 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor ' POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. ' 2. Actively consider for promotion and advancement available minorities and women. ' Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public ' Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 36 , CITY OF KENT I EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be gilled 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_ , Later , 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 1200_. By: , For: , Title: Date: I I EEO COMPLIANCE DOCUMENTS - 3 of 3 i37 1 Exhibit A 1 I 1 1 1 � I 1 1 i i 1 i 1 � I 1 - i I38 ' WATER TREATMENT CHEMICAL SUPPLY FOR 2010 PROPOSAL FORM ' The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder' Name: JCI Jones Chemicals, Inc. ZItem Estimated Description Bid Unit Total Annual Unit Prices Usage 1 6 Chlorine Gas in one-Ton Containers 1 $600.00 $ 35600.00 TONS FOB Clark Springs TON CONT. $750.00 deposit per container. Total 300.00 ' JCI Jones Chemicals, Inc. iCompany Submitting Proposal ,i Authorized Signature Note: Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2010 39 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees- Bidder' Name: JCI Jones Chemicals, Inc. ' Item Estimated Description Bid Unit Total Annual Unit Prices Usage 2 5 Chlorine Gas in One-Ton Containers 1 $ 600.00 $3,000.00 , TONS FOB Kent Springs TON CONT. $750.00 deposit per container. ' Total $ 3,000.00 , k ' JCI Jones Chemicals, Inc. Company Submitting Proposal Authorized Signature ' Note: Contractor must submit a firm proposal for the contract term(s). ' WATER TREATMENT CHEMICAL SUPPLY FOR 2010 40 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, tabor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder' Name: JCI Jones Chemicals, Inc. Item Estimated Description Bid Unit Total Annual Unit Prices Usage 3 1,800 Chlorine Gas in 150 Lb. Containers 150 $150.00 $1,800.00 LBS FOB East Hill Well LB CYL. $750.00 deposit per container. ' Total $ 1,800.00 r! JCI Jones Chemicals, Inc. ! Company Submitting Proposal Authorized Signature Note; Contractor must submit a firm proposal for the contract term(s). , WATER TREATMENT CHEMICAL SUPPLY FOR 2010 41 PROPOSALFORM , The undersigned hereby proposes to provide all equipment, labor, materials and supplies to ' perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder' Name: JCI Jones Chemicals, Inc Item Estimated Description Sid Unit Total ' Annual Unit Prices Usage 4 600 Chlorine Gas in 150 Lb. Containers ISO $ 150.00 $ 600.00 , LBS FOB Armstrong Springs Well #1 LB CYL. Total $ 600.00 JCI Jones Chemicals, Inc. , Company Submitting Proposal i Authorized Signature ' Note: Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2010 42 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to ' perform the service as specified in this contract (see Special Provisions 1.1 &, 1.6) for the following fees: Bidder` Name: JCI Jones Chemicals, Inc. Item Estimated Description Bid Unit Total Annual Unit Prices Usage 5 600 Chlorine Gas in 150 Lb. Containers 150 $150.00 $600.00 LBS FOB Seven Oaks Well LB CYL. $750.00 deposit per container. ' Total $ 600.00 1 1 ■ JCI Jones Chemicals, Inc. ■, Company Submitting Proposal Authorized Signature Note: Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2010 43 PROPOSALFORM ' The undersigned hereby proposes to provide all equipment, labor, materials and supplies to ' perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: Bidder' Name: JCI Jones Chemicals, Inc. , Item Estimated Description Bid Unit Total Annual Unit Prices usage 10 95,060 25% Sodium Hydroxide in $0.60/gal $57,000.00 ' GALS 4,000 Gal. Deliveries BULK GAL. FOB Pump Station #5 Total $ 57X0.00 ' i 1 JCI Jones Chemicals, Inc. , ! Company Submitting Proposal M1 Authorized Signature ' Note: Contractor must submit a r1rm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2010 44 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to ' perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: Bidder Name: JCI Jones Chemicals, Inc. 1 Item estimated Description Bid Unit Total Annual Unit Prices Usage it 10,000 25% Sodium Hydroxide in $0.60/gal $6,000.00 GALS 4,000 Gal. Deliveries BULK GAL. FOB East Hill Well i ' Total $ 6,000.00 JCI Jones Chemicals, Inc. Company Submitting Proposal Authorized signature Note. Contractor must submit a firm proposal for the contract terms), 45 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS t Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder , by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance , Contractor shall obtain insurance of the types described below: , 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing , equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from ' premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability ' assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be ' named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a ' substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. , S. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: , 1. Automobile Liability insurance with a minimum combined single , limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits , no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 46 ' 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 Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's ' insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage ' shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. ' 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's ' Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. ' E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or ' shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 1 i ■ Kent City Council Meeting Date December 8, 2009 ' Category Consent Calendar - 6I 1. SUBJECT: CONTRACT WITH GRAY & OSBORNE, INC. FOR 640 ZONE WATER RESERVOIR - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract with Gray & Osborne, Inc. in the amount of $131,970, to provide design drawings and specifications for the 640 Zone Water Reservoir, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The Proposed 640 Pressure Zone would be created to allow for increased water pressure throughout the high elevations on the East Hill; the 640 Zone Water Reservoir would be constructed to provide the height needed to serve the new pressure zone as well as alleviate water storage shortfalls through at least the end of the planning horizon - the year 2028. 3. EXHIBITS: Public Works Memo dated 11/10/2009 and Consultant Service Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: 1 47 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E , Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 WAS III "C-°" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 10, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 16, 2009 From: Tim LaPorte P.E., Public Works Director Through: Chad Bieren, Engineering Supervisor Subject: Contract w/Gray & Osborn, Inc - 640 Zone Water Reservoir Motion: Move to recommend Council authorize the Mayor to sign a contract with Gray & Osborne, Inc. for $131,970 to provide design drawings and specifications for the 640 Zone Water Reservoir, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: This contract is for design of a new 4-million gallon reservoir to be located at the ' Kent East Hill Operations Center. The 2008 Water System Plan included an analysis of water pressure and storage throughout the System. This analysis concluded that additional water storage is required on the East Hill to meet existing and future demands. It was further determined that water pressure to homes located at higher elevations on the East Hill have low water pressure because existing reservoirs are too low. The proposed 640 Pressure Zone would be created to allow for increased water pressure throughout the high elevations on the East Hill; the 640 Zone Water Reservoir would be constructed to provide the height needed to serve the new pressure zone and it would also alleviate water storage shortfalls through at least the end of the planning horizon - the year 2028. A Conditional Use Permit (Permit #CE-2009-2) was approved following a June 3, 2009 public hearing. The Public Works Department will continue to coordinate with neighbors of the project during final design and construction to minimize impacts. Budget Impact: Costs for the 640 Zone Water Reservoir and associated improvements were included in the combined utility bond sale approved by Council on August 4, 2009. There would be no additional budgetary impacts. U TWCMmitI=lA.chon?age120091Aac 4400 50 • KENO WAS NI NOT ON CONSULTANT SERVICES AGREEMENT between the City of Kent and Gray & Osborne, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Gray & Osborne, Inc. organized under the laws of the State of Washington, located and doing business at 701 Dexter Avenue North, Suite 200, Seattle, WA 98109, Phone: (206) 284-0860/Fax: (206) 283-3206, Contact: Thomas Zerkel (hereinafter the "Consultant"). 1 I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide design plans and specifications for the new 640 zone water reservoir to be located on Kent's East Hill. 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 December 31, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Thirty One Thousand, Nine Hundred Seventy Dollars ($131,970.00) 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 B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 51 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) 52 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY INEGOTIATED 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. iX. 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) 53 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) 54 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: i 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: Thomas Zerkel Timothy J. LaPorte, P.E. Gray & Osborne, Inc. City of Kent 701 Dexter Ave. N., Suite 200 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 (206) 284-0860 (telephone) (253) 856-5500 (telephone) (206) 283-3206 (facsimile) (253) 856-6500 (facsimile) IAPPROVED AS TO FORM: Kent Law Department Gray&Osbo -$40 Zone/91 r CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 55 ' 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 t 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 56 ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i EEO COMPLIANCE DOCUMENTS - 2 57 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 58 EXHIBIT "A" SCOPE OF SERVICES CITY OF KENT 640 ZONE RESERVOIR PROJECT UNDERSTANDING The City is developing a new pressure zone with a hydraulic grade line elevation of 640 in the area known as High Past Hill The Zone will be supported by a 4-million-gallon reservoir to be located at the City's East Hill Operations Center. ITEMS OF WORK The following major items of work are anticipated for this project: Predesign Report An analysis must be.performed, reviewed, and approved by the City for sizing the reservoir, reservoir features, and control options. Conditional Use Permit The City has obtained a conditional use permit and has developed a master plan for the site. The design will confoim to the requirements of these documents. Design The project will be designed for a welded steel reservoir with inlet and outlet piping to connect to site piping for the East Hill Operations Center. The reservoir will be approximately 75 feet in diameter and 140 feet tall, and will store approximately 4 million gallons of water. It will be an anchored tank with a knuckle roof, center column, and seal welding on all interior surfaces. The foundation will be a stem wall and spread footing,designed to provide reservoir stability with a minimum volume of reinforced concrete. Design will conform to AW WA and City standards and will include such features as an exterior spiral staircase, interior platform, and a walkway with handrails for access to the roof vent. The inlet and outlet design will protect water quality and optimize mixing through the use of an engineered system based on computational fluid dynamic (CPD) modeling,diffusers,and check valves. It is anticipated that this integrated mixing system will be provided by Tideflex Technologies. Initially, the ieservoii will serve the 590 Zone and will operate at that level while j providing the fire flow storage necessary for occupancy of the East Bill Operations Center. Upon completion of the 640 Zone infrastructure improvements,the reservoir will c&o 920096,12 Page 1 of 4 59 be operated at that level. Reservoir controls, mixing system,and piping will be designed to facilitate both operating conditions. The site improvements designed under this contract will also include a small CMU building to house telemetry equipment. The building may be used to power and control an interim, small, domestic potable pump station to supply the operations center until 640 Zone operation is established so the design must include conduits for future use. The telemetry building may be powered on an emergency basis by a small portable generator. Approvals The plans and accompanying documentation to obtain a building permit for the reservoir foundation and CMU telemetry building will be prepared in a forinat acceptable by the City of Kent Building Department. The Predesign Report and contract documents will be sent to the Department of Health for review and approval. Contract Documents The contract documents will be prepal ed to include comments from the City, County, and Department of Health reviews for bidding and construction of the project. Gray & Osborne will piovide tecluiical support during the bidding phase of the project,will piepai e and distribute addenda to the contract documents as needed, and will review bids for mathematical correctness and compliance with bidder responsibility criteria, and will make a recommendation to award the project. SCOPE OF WORK Phase I—Predesign Report Tasks will include: I. Survey will be based on existing City information(A very limited amount of survey has been budgeted, to be provided on an as-needed basis as design proceeds.) 2. Review the Geotechnieal study and report(provided by the City) 3. Reservoir sizing evaluation 4. Site layout with piping design 5. Preliminary structural design 6. Preliminary site stormwater system design and report 7. Reservoir appurtenances 8. Electrical and telemetry requirements 9. Project schedule 10. Project cost estimates G&01f2009612 Page 2 of 4 60 11. Conceptual design including: a. Site plan b. Site piping,including existing and proposed water main piping and existing and proposed storm drainage G. Reseivoir plan,elevation, and sections d. Telemetry building plan,elevation, and sections. e. Electrical f. Telemetry (coordinate with City staff) g. Site improvements and security features Phase II—Design Tasks will include: I. Development of 50 percent and 90 percent plans for City review 2. Preparing specifications in CSI format 3. Design including: a. Maximizing flexibility in piping to optimize use of facilities on site and maintain water quality b. Designing reservoir to comply with AWWA DI00 for Welded Steel Reseivoirs and to meet the requirements of the IBC c. Structural calculations 4. Preparing cost estimates S. Meeting with City staff at the 50 percent and 90 percent design levels to review the pioject design Phase III —Approvals Tasks will include: 1. Preparation and submittal of building permit(foundation and CMU I building only) from the City of Kent 2. Submittal of predesign report and contract documents to the Department of Health for approval Phase IV—Contract Documents Tasks will include: I. Incorporating all review comments from the City, County, and the Department of Health.nto final plans and specifications 2. Preparing final contract documents 3 Preparing cost estimate 4. Submitting contract documents for City review 5. Distribute electionic bidding packages to plan centers and bidders cao uzoa96)2 Page 3 of 4 61 r 6. Preparing addenda as required in response to bidders' questions 7. Answering bidder questions as related to engineering issues 8. Attending prebid meeting if requited 9. Assisting in bidding and bid opening 10. Provide letter with recommendation to award INFORMATION TO BE PROVIDED BY THE CITY 1. Existing Sizing and Predesign Information: The City will provide any existing information previously developed in the planning process for the 640 Zone and reservoir project. 2. Site Survey and Operations Center Master Plan: The contract includes provisions for Gray &Osborne to augment existing survey information as needed for benchmarks, additional soil borings,property lines,or connection to existing utilities or drainage facilities. 3. Geoteehnical Report: Gray& Osborne will provide the City with a list of geotechnical information and parameters required for foundation and reservoir design 4. Telemetry Coordination: The City's 1T and telemetry staff will provide design standards and requirements for reservoir telemetry design by Gray & Osborne. r r 1 r r r G&O 1120 096 12 Page 4 of 4 r 62 o 7 � 69 b9 4q 3 Fa y � o0 00 0 0 a 7 t N N O (� N pp w d' Q' N O V Vl .-• b .-� N U x V 4 d' Cl ts �Ny. b C4 Oo 00 N N M O � W v � � N 1�f G1 N O N N O O �. v7 N b d, N N b b b W W V' 00 00 vbi V' 00 00 b W on O C c�c O N 6 C O � b � N N A 6 a 0 of 0 p v o 'C o w b a1 0 bz d u a n11 P. o o naGaSq< wwUa wC7Gwv� nv ncL ( u dUv 0wCOwc4cnUvz v a su t 1 a 63 Fai N M ."a N a y p r yd � N � 0 (,Y W N W b dO O O� oo°Oo" rnoom w a N d K � mew N U o 3 Q o a 0 ro N v X a w b � r F` N •+ N C ,tlOcy� C V Y O N h Q c Ei ° p p � ❑ v v m "' A o \ u m `n W � � OE auirl cnOb per. r A N W .� p t;. dUQQcn F WCq .a o 0 X5a O p, rn N c+. Ln W Ft r Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 61 1. SUBJECT: CONTRACT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR REVIEW OF SR 167 BRIDGE/S. 224T" STREET PROJECT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract with the Washington State Department of Transportation in the amount of $35,000 for review of the proposed S. 2241h Street Bridge over SR 167, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The S. 224th Street Project was approved by Council on April 1, 2008. Similar to other roadway corridor projects throughout the City, the S. 224th Street Project will be divided into separate contracts to lower costs. 1 3. EXHIBITS: Public Works Memorandum dated 11/10/2009 and Application for JA Account 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 65 PUBLIC WORKS DEPARTMENT Timothy 3 LaPorte, P E , Public Works Director Phone, 253-856-5500 K E N T Fax 253-856-6500 Address 220 Fourth Avenue S Kent, WA 98032-5895 IDate: November 10, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 16, 2009 From: Tim LaPorte P.E., Public Works Director Through: Chad Bieren, Engineering Supervisor Subject: Contract for WSDOT Review of SR 167 Bridge/224t" Street Project Motion: I Move to recommend Council authorize the Mayor to sign a contract with the Washington State Department of Transportation in the amount of $35,000 for review of the proposed S. 224th Street Bridge over SR 167, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The S. 224th Street Project was approved by Council on April 1, 2008. Project approval authorized the Public Works Department to begin work on design and construction. Similar to other roadway corridor projects throughout the City, the S. 224th Street Project will be divided into separate contracts to lower costs. Individual construction contracts will be presented to the Council for approval after they are advertised for bids. ESince the new S. 224th Street Bridge will cross over SR 167, WSDOT is responsible for the review and approval of the City's design and method construction. The enclosed contract (3A Account) is required by WSDOT for a permit to cross over the freeway and will reimburse WSDOT for its costs associated with project review and approval The current plan is to begin construction of the S. 224th Street Project with the bridge over SR 167, followed by the S. 218th Street Bridge over Garrison Creek and related bridge/wetland mitigation projects. The two bridges are the most expensive components of the project and taking advantage of the current bidding climate will minimize project costs. Council directed Public Works to create a S. 224th Street Project Design Review Committee to engage neighbors of the project in its design and implementation. Public Works staff members have met with the S. 224th Street Design Review Committee to discuss the overall project approach and alternative bridge designs Prior to sending a bridge design to WSDOT, Public Works will meet with the Design Review Committee to present specific design elements and discuss any outstanding issues Following that meeting, staff will meet with WSDOT and present the proposed bridge layout before proceeding with design. This process will minimize potential delays and keep the project on schedule for bid in 2010. Budget Impact: Local Improvement District #363 was formed by Council on November 4, 2008. Funding for the bridge crossing over SR 167 will come from LID funds. It is anticipated that LID #363 will be finalized in 2010 and the sale of bonds related to the LID will pay for the bridge. U\PWCot itt"\AcltanPage\2009\I 116 09MMOT S 2241hSt PtolCB,mn&c iNorthwest Region 67 Sno-King Development Servtces AW Washington State 15700 Dayton Ave N Department of Transportation P O Box 330310 Paula J. Hammond, P.E. Seattle,WA 98133 Secretary of Transportation APPLICATION FOR JA ACCOUNT January 26,2009 Chad Bieren, Engineering Supervisor City of Kent Public Works 220 Fourth Avenue South Kent, WA 98032-5895 Subject: SR 167—224 h Crossing Dear Mr. Bieren: A charge account number,JA-6673,has been opened by this office to cover WSDOT's actual costs for reviewing and commenting on submitted engineering data and plans, as well as construction inspection. PROJECT TITLE 224t Crossin LOCATION: SR 167 MP 24 vic. DESCRIPTION OF WORK: Engineering Review and/or Construction Inspection within WSDOT R/W ESTIMATE COST- Approximately $35,000.00(actual costs may vary;written approval from develo er is required prior to exceeding estimate) By filling out and signing the application,the City of Kent,agrees to pay all WSDOT costs including administrative costs,related to the review and final approval of the referred proaecteeffifileted. Please do not send funds at this time, an invoice will be submitted to you each month with the charges that are incurred. Payment is due within 30 days of receipt of each invoice. Interest of 1%per month may be charged on past due accounts. City of Kent Public Works 253-856-5534 Developer Agency Name Phone Number 220 Fourth Avenue South 91-6001254 Billing Address Federal 1D Number or SSN Suzette Cooke Suite or Office Number Authorized Representative(Please Print or Type) Kent, WA 98032-5895 Mayor City,State,Zip code Title Signature To avoid delays,please return this completed application as soon as possible,to the following address: Washington State Department of Transportation Attention: Felix Palisoc SnoKing Development Services,MS 240 P.D.Box 330310 Seattle,WA 98133 If you have any questions,please feel free to contact Felix Palisoc,of our Local Agency and Development Services section at(206)440-4713 or via email at palisofCa)wsdot.wa.gov. Sincerely, Ramin Pazooki Local Agency and Development Services Manager For Department Use Only ReviewerFelix Palisoc 1412463 JA-6673 0910 WSDOT Representative/Org Number Job Number Work 0 C 1Anutm¢nfxaM Setlmudchmrenit.ncal S<nmrt<lTrmrrn'ary lmemet riled('nnt¢nt ChnlnnkW lFPFf.FD\IA6fi]9 294thfmainadne 1 Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 6K 1. SUBJECT: GRANT FROM WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR LAKE FENWICK BRAZILIAN ELODEA ERADICATION - ACCEPT I2. SUMMARY STATEMENT: Authorize the Mayor to accept a grant from the Washington State Department of Ecology Aquatic Weeds Management Fund in the amount of $39,165, for control, eradication, and monitoring of Brazilian Elodea in Lake Fenwick, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The City applied for and received grant funding from the Aquatic Weeds Management Fund (administered by the Washington State Department of I Ecology) to help pay for grass carp stocking of Lake Fenwick and follow-up weed monitoring. I 3. EXHIBITS: Public Works Memo dated 11/6/2009 and Aquatic Weeds Management Fund Grant Agreement ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: Counclmember moves, Councilmember seconds DISCUSSION: ACTION: ' 69 PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Public Works Director Phone 253-856-5500 KENT Fax- 253-856-6500 NA"' ' °G-G" Address- 220 Fourth Avenue S. Kent, WA 98032-5895 i Date: November 61r 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 16, 2009 From: Matt Knox, Environmental Ecologist Mike Mactutis, PE, Environmental Engineering Manager Through: Tim LaPorte, PE, Public Works Director Subject: Project Grant w/Department of Ecology — Lake Fenwick Brazilian Elodea Eradication Motion: Move to recommend Council authorize the Mayor to accept a grant from the Washington State Department of Ecology Aquatic Weeds Management Fund for control, eradication and monitoring of Brazilian Elodea in Lake Fenwick, subject to terms and conditions acceptable to 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. An aggressive, non-native invasive plant (Brazilian elodea - which used to be sold in pet stores for aquariums) has overtaken the bottom of the lake and outcompeted nearly all other plants. When this plant dies back in the fall, it exacerbates water quality problems. This weed also provides poor fish habitat and makes the lake much less appealing. In 2002, an Integrated Aquatic Plant Management Plan (IAPMP) was written to figure- out how best to combat the Brazilian elodea Invasion and to monitor the proposed control measures. The IAPMP recommended that a weed-eating fish known as Grass Carp be Introduced as a biological control agent and that yearly weed monitoring occur to gauge the effectiveness of the grass carp. The City applied for and received grant funding from the Aquatic Weeds Management Fund (administered by the Washington State Department of Ecology) to help pay for grass carp stocking of the Lake and follow up weed monitoring. This action authorizes the City to utilize these grant funds to reimburse costs of implementing and administering the recommendations of the IAPMP. Budget Impact: None U IPWC12009iN I6 09 APL6 Penn ak Crass Carp Gram d., 71 1 AQUATIC WEEDS MANAGEMENT FUND GRANT AGREEMENT ' BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT ' THIS is a binding agreement entered into,by, and between the state of Washington, Department of Ecology,hereinafter referred to as the "Department" and the city of Kent, hereinafter referred to as the"Recipient." The purpose of this agreement is to provide funds to the Recipient to carry Iout the activities described herein. PART I. GENERAL INFORMATION IProject Title: Lake Fenwick Brazilian Elodea Eradication Grant Number- G0400344 Recipient Name and Address City of Kent Engineering Dept. 220 4`h Ave. S. Kent,WA 98032-5895 I Recipient Contact Matt Knox Telephone Number: 253-856-5551 Fax Number: 253-856-6500 E-mail Address: mlmox@ci.kent.wa.us Recipient Billing Contact Donna Palmer Telephone Number: (253) 856-5511 Fax Number. (253) 856-6500 E-mail Address: dpalmer@ci.kent.wa.us Recipient Federal ID Number: 91-6001254 Department Address: Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia,WA 98504-7600 Department Project Manager: Kathy Hamel Telephone Number: (360) 407-6562 Fax Number- (360) 407-6426 ' E-mail Address: kham461(&,,ecy.wa.14ov Department Funding Source: Aquatic Weeds Management Fund iCity of Kent 72 Lake Fenwick Brazilian Elodea Eradication G0400344 Department Share: $39,165 Recipient Share: $13,055 Total Project Cost: $529220 Department Maximum Percentage: 75 percent j The effective date of this agreement shall be the date this agreement is signed by the Department's Water Quality Program Manager. Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the Recipient. This agreement shall expire no later than December 31, 2010. , Post Project Assessment Date: September 30, 2013 , Performance Measures to be evaluated at the Post Assessment: Percent cover of Brazilian Elodea along nine previously established transects (Lake Fenwick and Lake Meridian IAPMP, 2002) Eventual Environmental Result(s), Goal(s), or Outcome(s): Extremely low levels of Brazilian elodea in Lake Fenwick. PART 11. PROJECT DESCRIPTION The city of Kent developed an integrated aquatic plant management plan (IAPMP) for Lake Fenwick in 2002. Lake Fenwick is a 21-acre lake within a one-square-mile residential watershed within the Green-Duwamish watershed Brazilian elodea(Egeria densa), a state-listed noxious freshwater weed, grows extremely densely and can crowd out native plants and interfere with recreational activities including swimming, fishing, and boating A survey performed for the 2002 IAPMP showed that Brazilian elodea dominated 90 percent of Lake Fenwick's 15-acre littoral zone In a 1990 survey, the dominant species was a native species, Elodea canadensis, although Brazilian elodea was present. This suggests that Brazilian elodea has rapidly out- competed native plant species. This grant will help fund the recommendations of the Lake Fenwick IAPMP. The overall goal of the plan is to eradicate (or brig to extremely low levels) the infestation of Brazilian elodea in Lake Fenwick. Up to 40 sterile tnploid grass carp per vegetated acre are proposed to be stocked , into Lake Fenwick. Before these fish can be stocked into the lake, an outlet bamer must be installed Other plan elements include permitting, monitoring, and public education. It is hoped that eradicating Brazilian elodea will reduce the likelihood of spreading this plant to other lakes and improve lake aesthetics and fishing habitat. , Page 2 of 10 1 City of Kent 73 Lake Fenwick Brazilian Elodea Eradication G0400344 ' PART III. PROJECT BUDGET Payment Schedule: Payments will be made on a cost reimbursable basis. Project Title: Lake Fenwick Brazilian Elodea Eradication Tasks Total Project Cost Task 1 - Project Administration/Management/Permitting $ 5,000 Task 2—Outlet Bamer Construction $ 9,000 Task 3 — Grass Carp Introduction $ 7,720 Task 4—Monitoring $18,500 Task 5—Public Education/Involvement $11,000 Task 6—Final Report $ L000 Total $52,220 * The Department's Fiscal Office will track to the Total Project Cost. The REQUIREMENTS Department Share (75 % of TPC) $39,165 Recipient Share (25 % of TPC) $13,055 Eligible costs may consist of any combination of Cash, Interlocal, or In-kind contributions. IPART IV. SCOPE OF WORK The Recipient shall ensure that this project is completed according to the details of this agreement. The Recipient may elect to use its own forces or it may contract for professional services necessary to perform and complete project-related work The Recipient certifies by 1 signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Upon request, the Recipient shall submit a copy of the final negotiated agreement(s) to the Department. The Recipient further certifies by signing this agreement that if interlocal costs are used, all ' negotiated interlocal agreements necessary for the project are, or will be, consistent with the terms of this grant agreement, the Department's current edition of Administrative Requirements for Ecology Grants and Loans (http.//www.ecy.wa gov/bibho/9118 html), and Chapter 39.34 RCW Interlocal Cooperation Act, and that all interlocal agreements will be in place prior to incurring costs to this agreement Upon request, the Recipient shall submit a copy of each interlocal agreement necessary for this project to the Department. Property and services donated by organizations or individuals to accomplish grant requirements may be used as in-kind match Donated property and services must comply with the ' Department's current edition of Administrative Requirements for Ecology Grants and Loans (http://www.cey.wa.govibiblio/911 S.html), and the Aquatic Weeds Management Fund Grant Guidelines (http://www ecy wa gov/programs/wq/plants/grants/guidelines htinl) Documentation Page 3 of 10 City of Kent 74 Lake Fenwick Brazilian Elodea Eradication G0400344 shall be maintained by the Recipient for all donated property and services and made available for review by the Department if requested. Task I - Project Administration / Management / Permitting , The Recipient shall administer the project Responsibilities shall include, but not be limited to: maintenance of project records, submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; attainment of all required permits, licenses, easements of property rights necessary for the project; and submittal of required performance items. The Recipient shall manage the project. Efforts shall include conducting, coordinating, and scheduling of project activities, quality control, and communication The Recipient will make every effort to maintain effective communication with the Recipient's designees, the Department, all affected local, state, or federal jurisdictions, and/or any interested individuals or groups. The Recipient shall carry out this project in accordance with any completion dates outlined in this Agreement. The Recipient shall apply for all necessary environmental permits including(but not necessarily limited to) Hydraulic Project Approval from the Washington State Department of Fish and Wildlife (WDFW) for construction of an outlet barrier and a grass carp stocking permit from WDFW Work on an outlet bamer or grass carp stocking will not proceed until approval has been received from WDFW. The Recipient shall submit all invoice vouchers, correspondence, and project documents, to the Project Manager, Kathy Hamel Invoice voucher submittals shall include a state of Washington Invoice Voucher Form Al 9-A, the appropriate B and C forms as described in the current edition , of Administrative Requirements for Ecology Grants and Loans, and Form D (when applicable). Blank forms are found in the current edition of Administrative Requirements for Ecology Grants and Loans or electronic forms can be obtained from the Project Manager Reimbursements from the Department for invoice voucher submittals will be mailed to the Recipient's designee at the following address: Donna Palmer, Financial Analyst City of Kent Engineering Dept. 220 4'h Ave S. Kent, WA 98032-5895 The Recipient shall submit to the Department the following documents and in the quantities i identified: • Draft project completion reports -two copies. • Final project completion reports - seven copies. Page 4 of 10 i City of Kent 75 Lake Fenwick Brazilian Elodea Eradication G0400344 The Recipient shall submit two copies of any document(s) that require Department approval. Required Performance: 1. Effective administration and management of this grant project. 2 Maintenance of all project records 3. Acquisition of a Hydraulic Project Approval from WDFW to install an outlet barrier to contain grass carp in Lake Fenwick. 4. Acquisition of a Grass Carp Stocking permit from WDFW 5. Submittal of all required performance items, progress reports, financial vouchers, and maintenance of all project records Task 2 — Outlet Barrier Construction Once approval is received from WDFW for both permits, the Recipient will design and install a grass carp containment barrier that meets the WDFW design enteria. The Recipient may fabricate and install the containment barrier in-house or contract out for fabrication and/or installation Required Performance: Install a containment barrier in the Lake Fenwick outlet using a design approved by WDFW. Task 3 — Grass Carp Introduction Once the outlet barrier is installed and public education/involvement tasks (see below) are initiated, up to 560 triploid grass carp will be stocked in Lake Fenwick. The grass carp will be purchased from a supplier that will guarantee to take all precautions to not introduce any unwanted exotic organisms into Lake Fenwick along with the grass carp (no zebra mussels or non-native fish). Required Performance: 1. Purchase and stock up to 560 triploid grass carp into Lake Fenwick. 2. Inspect the transport water to ensure that no hitchhikers are stocked along with grass carp Task 4 - Monitoring The Recipient will contract for diver monitoring services using a competitive procurement process Aquatic plant surveys of the littoral zone of Lake Fenwick will occur each year in late August or early September following grass carp stocking (2005—2009). For continuity of data 1 comparison, the survey methodology will be the same as was used during the development of the IAPMP Copies of the monitoring data should be submitted to the Department and WDFW each year. If, by the third year after grass carp stocking, monitoring data indicates that there has been Page 5 of 10 76 City of Kent Lake Fenwick Brazilian Elodea Eradication G0400344 little to no significant change in Brazilian elodea density or areal coverage, the Recipient will seek WDFW approval to stock additional tnploid grass carp into Lake Fenwick. Required Performance. 1. Competitively procure qualified divers to perform aquatic plant monitoring in late August or early September of 2005-2009 following grass carp stocking. 2. Submit an aquatic plant annual monitoring report to the Department and WDFW. 3. If by the third year after stocking grass carp, little to no change is seen in Brazilian elodea density or areal coverage, apply to WDFW to stock more tnploid grass carp into Lake , Fenwick Task 5 — Public Education/Involvement The Recipient will design and erect project signs at the boat launch and public access points to Lake Fenwick pnor to grass carp introduction The signs will inform the public about the project, educate them about Brazilian elodea, and also let them know not to fish or hunt grass carp and why. Recipient will also contact local residents and attempt to organize a"Friends of Lake Fenwick" group. All residents living within the Lake Fenwick watershed will be contacted as well as other interested individuals (through public notices) and asked to attend a public meeting for the "Friends" group at a convenient location prior to grass carp introduction. Those expressing interest will be asked to help educate other lake residents and lake users about weed eradication, grass carp stocking, and the penalties for removing grass carp from the lake. Also, this group will be kept informed about Recipient activities at the lake and Brazilian elodea monitoring results through an annual newsletter. Required Performance: 1. Design and erect informational project signs at the boat launch and public access areas of Lake Fenwick. 2. Invite residents within the Lake Fenwick watershed and other interested individuals to a public meeting for the "Friends of Lake Fenwick" where weed eradication plans at the Lake and"Friends"outreach activities will be discussed. 3. Publish and distribute an annual newsletter describing weed eradication activities and monitoring results to those expressing interest at the initial meeting. Task 6 — Final Report The Recipient will prepare a final report that summarizes the Brazilian elodea management activities undertaken in Lake Fenwick The final report will include a summary of the project and include each year's monitoring data and an assessment of the efficacy of the control measures Page 6 of 10 77 City of Kent Lake Fenwick Brazilian Elodea Eradication G0400344 Two copies of the draft report will be submitted to the Department for our review and comment. Seven copies of the final report will be sent to the Department for distribution. Required Performance: Production of a final project report that summarizes the actions taken in Lake Fenwick to control Brazilian elodea and any associated monitoring activities PART V. SPECIAL TERMS AND CONDITIONS Post Project Survey Assessment. The Recipient agrees to submit a brief survey regarding key project results. The Department's Performance Measures Lead will e-mail the Recipient the Post Project Assessment Survey approximately sixty(60) days prior to the Post Project Assessment date as delineated in Part I General Information This date will generally be three (3) to five (5) years after the agreement expires. The Post Project Assessment Survey is included as Attachment I This form is to be completed by the Recipient and sent, as an e-mail attachment, to the Department's Project Manager and the Department's Water Quality Program's Performance Measures Lead The Department may conduct on-site interviews, inspections, and otherwise evaluate the project. 1 The Department will enter the information provided into its performance measures database to be provided to the Legislature, the Environmental Protection Agency, and other natural resource agencies. The Performance Measures Lead will be available, as needed, during negotiations, throughout the project, and the post-project assessment period, as a resource Equipment Purchase. The following equipment shall be eligible for purchase through this project Incidental outlet barrier construction tools and monitoring equipment The total cost of all equipment purchased under this project shall not exceed$500.00 unless authorized in writing by the Project Manager. ' At project completion all purchased equipment shall be retained by the Recipient for continuing the aquatic plant management objectives for which the equipment was purchased. Indirect Rate. To acknowledge overhead costs, the Recipient may charge an indirect rate of up to 25 percent based on the Recipient employee's direct salary and benefit costs incurred while ' conducting project-related work. Items which are generally included in an indirect rate are identified in the current edition of Administrative Requirements for Ecology Grants and Loans. ' Meeting/Light Refreshments. The Recipient may spend up to $50 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $100 unless authorized in writing by the Project Manager. ' Progress Reports An annual progress report consisting of the monitoring data shall be submitted to the Department by December 31 each year. The Recipient shall also keep the Project Manager updated about the progress of the project through verbal or written periodic updates Page 7of10 78 City of Kent Lake Fenwick Brazilian Elodea Eradication ' G0400344 throughout the life of the project An example of a progress report could include e-mail updates, , copies of a lake newsletter(s), and/or media articles. Time for Performance. In the event that the Recipient fails to commence work on the project within four months after the effective date of this agreement, the Department reserves the right to terminate this agreement. Minority and Women's Business Participation The Recipient agrees to solicit and recruit, to the maximum extent possible, certified mmonty-owned(MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the Recipient's jurisdiction, the Recipient agrees to utilize the Department's goals for minority- and women-owned business participation in all bid packages, requests for proposal, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows- Construction/Public Works 10% MBE 6% WBE Architecture/Engineenng 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE ' Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4%WBE , No contract award or rejection shall be made based on achievement or non-achievement of the goals Achievement of the goals is encouraged, however, and the Recipient and ALL ' prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement- 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses 5. Use the services and assistance of the State Office of Minority Business Enterprises of the U S. Department of Commerce, as appropriate. By signing this Agreement, the Recipient certifies that the above steps were, or will be, followed. Any contractor engaged by the Recipient under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The Recipient shall report to the Department at the time of submitting each invoice, on forms , provided by the Department, payments made to qualified firms The report will address. Page 8 of 10 , t City of Kent 79 Lake Fenwick Brazilian Elodea Eradication G0400344 1 1. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors 2 The total dollar amount paid to qualified firms under this invoice. PART VI. WRITINGS CONTAINED HEREIN This Agreement, the appended General Terms and Conditions, the Department's current edition of Administrative Requirements for Ecology Grants and Loans, and the Aquatic Weeds Management Fund Grant Guidelines contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modification(s) or amendment(s) of this Agreement shall be of ' any force or effect unless signed by authorized representatives of the Recipient and the Department and made a part of this Agreement, EXCEPT, that in response to a request from the Recipient; the Department may change the grant expiration date. The Department or Recipient may change their respective staff contacts without the concurrence of either party. IN WITNESS WHEREOF, the parties hereby execute this Grant: State of Washington City of Kent Department of Ecology David C P er, Manager Date *ayor Date Water Quality Program APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL Page 9of10 City of Kent 80 Lake Fenwick Brazilian Elodea Eradication G0400344 Attachment I t Water Quality Program - Financial Assistance , Post Project Assessment Survey 1. Agreement Number: ' 2. Recipient Name* 3. Project Name: 4. Years Since Project Completion- ❑ Three ❑ Four ❑ Five ❑ Other t (Please specify) 5. Contact Information: , Contact Name: Contact Phone Number: Contact E-mail address- 6. Level of Involvement by Present Contact on Project: , 7. Type of Project(check as many as applicable): ❑ Planrung ❑ Implementation ❑ Education ❑ Pilot ❑ Survey ❑ Early Infestation ❑ Other 8. Financing: , Total Project Cost: ' Ecology Grant Amount: 9 Aquatic Plant Problem: i 10. Describe the Most Critical Specific "Project Result(s)" or"Outcome(s)" actually achieved by the project: 11. Provide documentation(including digital color photographs) that evidence the continued maintenance and effectiveness of the project at the time of this survey Page 10of10 ' ' 81 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of ' the Department of Ecology A. RECIPIENT PERFORMANCE ' All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees The RECIPIENT shall not assignor subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. SUBGRANTEEICONTRACTOR COMPLIANCE ' The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded,for inspection and use by the DEPARTMENT E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned I by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits Prior to commencement of any construction,the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2 Discrimination The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible The RECIPIENT shall report to the DEPARTMENT the percent of grantlloan funds available to women or minority owned businesses. ' 3. Wages And Job Safety.The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws,the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, ' receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1 The RECIPIENT shall maintain complete program and financial records relating to this agreement Such records shall clearly indicate total receipts and expenditures by fund source and task or object All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures All records shall be kept in a common file to facilitate audits and inspections ' 1 82 ' Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT 2 All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make ' adjustments accordingly 3 All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state,federal or local representative for inspection ' at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder 4 RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, ' if the RECIPIENT expends $300,000 or more in a year in Federal funds. The$300,000 threshold for each year is a cumulative total of all federal funding from all sources The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the , DEPARTMENT within ninety(90)days of the date of the audit report I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31,April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within twenty ' (20)days following the end of the quarter being reported. J. COMPENSATION 1 Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work Instructions for submitting the payment requests are ' found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement 2 Budget deviation Deviations in budget amounts are not allowed without written ' amendment(s) to this agreement Payment requests will be disallowed when the RECIPIENT's request for reimbursement exceeds the State maximum share amount for that element, as described in the Scope of Work. 3 Period of Compensation. Payments shall only be made for action of the RECIPIENT ' pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein 4 Final Request(s)for Payment. The RECIPIENT must submit final requests for ' compensation within forty-frve(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 2 ' 83 ' 5 Performance Guarantee The DEPARTMENT may withhold an amount not to exceed ten percent(10%) of each reimbursement payment as security for the RECIPIENT's performance and a ' financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, ' upon completion of an audit as specified under section J 6 herein. 6 Unauthorized Expenditures All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be ' refunded to the DEPARTMENT by the RECIPIENT 7 Mileage and Per Diem If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. B. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION ' 1 For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT,to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies,surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above,the RECIPIENT shall not be relieved of any Lability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2 Insufficient Funds. The obligation of the DEPARTMENTto make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year The failure to appropriate or allot such funds shall be ' good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the ' project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. ' L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as ' a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. ' 3 84 M. PROPERTY RIGHTS 1 Copyrights and Patents When the RECIPIENT creates any copyrightable materials or ' invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. ' Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212 2. - Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT, present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, ' brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and ' personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4 Personal Property Furnished by the DEPARTMENT. When the.DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shalt be reimbursed in cash or by ' setoff by the RECIPIENT for the fair market value of such property. 5 Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities ' a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. , N. RECYCLED/RECYCLABLE PAPER All documents and materials published under this agreement shall be produced on recycled ' paper containing the highest level of post consumer and recycled content that is available. At a minimum, paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or hypochlorite , As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. O. RECOVERY OF PAYMENTS TO RECIPIENT ' The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the protect described in the Scope of Work In the event the RECIPIENT fails,for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required 4 ' 85 to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent(12%) per annum from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K 2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Protect Officer or other designated official as to the extent and character of the work to be done shall govern. 1 The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement,the RECIPIENT mails or otherwise furnishes to the Director of the ' DEPARTMENT a written appeal In connection with appeal of any proceeding under this clause,the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal The decision of the Director or ' duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder,the RECIPIENT ' shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST ' No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or ' association in which he/she is, directly or indirectly interested, nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1 The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement ' T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY ' If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable 5 86 V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the ' inconsistency shall be resolved by giving precedence in the following order (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d)Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e)the General Terms and Conditions. ' SS-010 Rev. 05102 , 6 ' Kent City Council Meeting Date December 8. 2009 ' Category Consent Calendar - 6L ' 1. SUBJECT: CONTRACT WITH AMEC GEOMATRIX, INC. FOR DOWNEY FARMSTEAD RESTORATION PROJECT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Contract with AMEC Geomatrix, Inc. in the amount of $20,026, for a report and removal of contaminated soil, and direct staff to establish a budget to be spent within the Downey Farmstead Restoration Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. AMEC Geomatrix, Inc. would perform removal of contaminated soil discovered under an oil/water separator that was removed from the site. A portion of a $100,000 grant from the King Conservation District will be used to pay for this consultant agreement. 3. EXHIBITS: Public Works Memo dated 11/5/2009 and Consultant Services Agreement ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? ' Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: li 87 PUBLIC WORKS DEPARTMENT ' Timothy J LaPorte, P.E , Public Works Director Phone 253-856-5500 • KE 0 Fax- 253-856-6500 ' Wq$MINGT0N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 5, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 16, 2009 ' From: Mike Mactutis P.E., Environmental Engineering Manager Through: Tim LaPorte P.E., Public Works Director Subject: Contract with AMEC Geomatrix Inc., for Downey Farmstead ' Restoration Project — King Conservation District Grant Funding Motion: Move to recommend Council authorize the Mayor to sign the Contract with AMEC Geomatrix, Inc. for a report and removal of contaminated soil in the amount of $20,026, direct staff to establish a budget to be spent within the ' Downey Farmstead Restoration Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The Downey Farmstead Restoration Project involves four parcels totaling 21.81 acres located along the left bank (facing downstream) of the Green River from RM 21.7 to 22.2. This restoration project will Include creation of flood plain storage and side channel refuge salmon habitat parallel to the Green River. This will Increase ' access to floodplain habitat for Chinook and other salmonids and restore floodplain functions. AMEC Geomatrix, Inc. would perform removal of contaminated soil discovered under an oil/water separator that was removed. A portion of a $100,000 ' grant from the King Conservation District will be used to pay for this consultant agreement. Budget Impact: None U l%bl,,PWCommmeeL4CnonPageUO091lI 16 09UMEC GeamatraDownevFarmsteadReswm mn Pro,KCDGJFeeldmg doc ' 89 0000 • KENT W ASHIN6TON CONSULTANT SERVICES AGREEMENT between the City of Kent and ' AMEC Geomatrix, Inc, THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AMEC Geomatrix, Inc. organized under the laws of the State of Washington, located and doing business at 600 University Street, Suite 1020, Seattle, WA ' 98101-4107, Phone: (206) 342-1760/Fax: (206) 342-1761, Contact: Kathleen Goodman (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 remedial activities on the property located at 24955 Frager Road S. for the Downey Farmstead Restoration Project. For a description, see the Consultant's November 3, 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 February 28, 2010. ' III. COMPENSATION. ' A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Thousand, Twenty Six Dollars ($20,026.00) 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. 1 ' CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 90 ' 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 t 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$T 0,000) 91 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its ' officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the ' injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW ' 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. ' The provisions of this section shall survive the expiration or termination of this Agreement. ' 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) 92 ' 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 1 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) 93 ` 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: Kathleen Goodman Timothy J. LaPorte, P.E. AMEC Geomatrix, Inc. City of Kent 600 University St., Suite 1020 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 342-1760 (telephone) (253) 856-5500 (telephone) (206) 342-1761 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: �j Kent Law Department AMEC Geomatrix-Downey Farmsteaffleldinp ' CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 94 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any , contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: , 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical >� disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 ' CITY OF KENT 95 ADMINISTRATIVE POLICY INUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 96 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�. 13y: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 97 amec* November 3, 2009 Project 14203.003 Mr. Joe Fielding City of Kent Engineering Department 220 Fourth Avenue South Kent,Washington 98032 Subject: Proposal for Remediation Activities Downey Farmsted Restoration Former Desimone Property North of SR 516 in Unincorporated King County, Washington Dear Mr. Fielding. At your request, AMEC Geomatrix, Inc. (AMEC), has prepared this cost estimate for the City of Kent (City)to perform remedial activities on the property located at 24955 Frager Road South in Unincorporated King County, Washington. We understand the City wishes to perform the remedial activities to prepare the property for habitat restoration. The principal goals of this proposed work are to hire an environmental contractor, and supervise and direct the excavation of soil impacted by petroleum in the vicinity of the oil/water separator. AMEC will serve as the prime contractor and will subcontract to another firm to complete the soil removal and disposal. AMEC will collect soil cleanup confirmation samples and provide a report of the findings. SITE DESCRIPTION The subject property comprises 2.70 acres and is currently vacant All structures on the property have been recently demolished and the materials have been removed from the site Prior to demolition, an oil-water separator was located beneath the concrete floor of the shop building. Its function was to process the effluent from the shop and discharge the treated effluent to a drainfield on the eastern side of the shop. During demolition of the shop and floor, soils were found under the oil/water separator that appeared to be impacted by petroleum. The potentially impacted soils were found at a depth of approximately 4 to 6 feet. SCOPE OF SERVICES The proposed work consists of the following elements. Select and subcontract the remediation contractor,who will contract with the disposal facility. Three prospective contractors will be asked to bid on the project. • Excavate petroleum impacted soil at the former location of the oil/water separator and ship the soil to a licensed landfill Coordinate field activities with the City, the remediation contractor, and the laboratory AMEC Geomatnx,Inc 600 University Street,Suite 1020 Seattle,Washington USA 96101-4107 Tel (206)342-1760 Fax (206)342-1761 + www ameogeomatrixlnc.com 98 ameog Mr. Joe Fielding City of Kent Engineering Department November 3, 2009 Page 2 • Collect confirmation samples from excavated areas for analysis for petroleum hydrocarbons and metals. • Write a report of the confirmation samples results and the field activities conducted for the City's records The outlined objectives are divided below into four tasks. A detailed cost breakdown for each task is provided in Table 1. Costs listed in Table 1 are based on past estimates from a recent nearby project, and Friedman and Bruya analytical laboratory. Task 1 —Selection of Contractor and Waste Disposal Facility AMEC will go to the site and collect one soil sample in advance of the excavation. This sample will be analyzed for waste characterization, which is required by the prospective disposal facilities. The sample will be analyzed for diesel by Method NWTPH-Dx, for gasoline by Method NWTPH-G and benzene, toluene, ethylbenzene, and xylene, and RCRA 8 metals. Other analytes may be requested by the facility depending on initial results. AMEC will select and contract with a construction contractor to perform the excavation and soil disposal work. Project management time is included in this task to select and contract with the winning bidder, and schedule the subsequent tasks, including making arrangements with the disposal facility Time for the preparation of this proposal, including the scope of work and cost estimate, is also included in this task. To minimize time and cost, detailed bid specifications will not be prepared and bid out, rather an , email request of the scope and bid items will be presented to the contractors. Three contractors will be asked to bid on the project. The contractors that will be contacted include Wyser Construction, Clearcreek Contractors, and Titan Construction. An AMEC representative will conduct a project initiation site walk with the selected remediation contractor prior to kick-off of the field work Task 2—Excavation Management AMEC will oversee the remediation contractor and handle change order issues invoicing, and management An AMEC representative will also be present on site during the remedial activities to oversee and manage the contractor's activities and to collect confirmation soil samples. The estimate provided in Table 1 assumes the following will be performed: • Excavation of petroleum-impacted soils in the area of the former oil/water separator The area is assumed to be 20 x 20 x 6 feet in depth, although the upper 4 feet appears to be unimpacted by petroleum; 99 amecO Mr. Joe Fielding City of Kent Engineering Department November 3, 2009 Page 3 Two field days will be required; one day for excavation and confirmation sampling and a second day for backfill, grading and demobilization. Transportation and disposal of an estimated 45 tons of petroleum-impacted soil. • Transportation and placement of backfill material Currently, we are assuming the use of standard uncompacted backfill (e.g., a Type 17) at an estimated cost of $11 per ton and a transport fee of$15 per ton. Upon completion of backfilling, contractor will spread straw mulch over all the disturbed area. At the City's request, and depending on the season of the year, the contractor can spread a WSDOT-approved grass seed mixture with clover All excavated soils are assumed to contain elevated concentrations of contaminants requiring disposal in a Subtitle D landfill Task 3 —Confirmation sampling Confirmation soil samples will be collected from excavated soil areas to ensure all contaminated soil has been removed This estimate assumes a total of six samples will be collected from excavated areas (one from each sidewail and two from the bottom). Depending on the results L of the waste characterization analysis, the confirmation samples will be analyzed for the same constituents The samples will be delivered to a selected analytical laboratory for analysis. Task 4—Reporting AMEC will prepare an environmental report documenting the remediation work, including locations of the samples, analytical results, and disposal facility information An electronic draft report will be sent to the City for comments, which will then be incorporated into a final report. Three hard copies and an electronic copy of the final report will be provided to the City Lab results will be submitted to the Washington State Department of Ecology (Ecology) Environmental information Management database per Ecology requirements. CITY OF KENT RESPONSIBILITIES For the purposes of this proposal, scope of work, and budget,we assume that the City will ensure that all necessary permits will be in place for the excavation and grading, if needed, and that the City will transfer the permits to AMEC and/or any subcontractors, as needed. SCHEDULE AMEG will initiate the work on the upcoming activities when the contract is finalized with the City and subcontractors, permits (if any) are approved, and contractor health and safety plans are complete Assuming the City provides AMEC the notice to proceed in mid-November, AMEC will schedule the work for early December 2009. The field work can commence as soon as the contractor is available, and should take approximately 2 days. Laboratory analyses will require 2 to 3 weeks after collection of the confirmation soil samples, and a final report will be 100 Mr. Joe Fielding City of Kent Engineering Department November 3, 2009 Page 4 completed within 3 weeks of receiving final analytical results and weight tickets from the disposal facility. Assuming no delays in permitting, contracting, or other factors outside of AMEC's control, the site remediation and reporting should be completed by February 1, 2010. COST ESTIMATE Based on the scope of services described above,we estimate the cost to complete the remediation of the former Desimone property in the vicinity of the oillwater separator is approximately $20,026, which includes $1,735 for laboratory costs, $475 for expenses, and a preliminary estimate of$10,845 for the contractor and disposal costs A detailed cost breakdown is provided in the enclosed Table 1. Work will be billed on actual costs based on the quantities of soil that is excavated and disposed, and the analytical results. We appreciate the opportunity to provide the City with this cost estimate. Please let us know if you have any questions or if you would like additional information. Sincerely yours, AMEC Geomatnx, Inc. Kathleen Goodman, L.G., L.Hg Nick Bacher, L.G., L.Hg Principal Hydrogeologist Project Hydrogeologist KG/km r\proposais12009114203 001_cdy of kenAscopeofwork_desimone remediation_sx doc Enclosure: Table 1 i cc: Project File 101 iiilsf" �,Oa ch m o (Dn Nti� � to w> ur � (A 0(n CpN OM O O O O M O') 00 O OO O o I� � r Mb4 64 En�� r V 1fJ tO N a' 0 a 0 OD ON O ti 0 0 0 ti N i� n co 0 0 M r CD "t0 n O O O O O ti M w U0 a. 6H dj 64 64 �. NtA 64 69 60 60 6%Ge. r fA Vf b?64 W r N w% N C 64 69 b9 Y N E � w o N c Icq V r n r ti U R = O O M O � 0 O �00 0 d. co +. (fl p O r Ol V' 00 fo C N N O 00 O O 0 co N (0 0 C0 0 0 0 0 O d' c- to M W 0 to O 0 (A N (!i 64 64 n' r N N t9 EA b4 64 W -co 6) O N a. R U (p (H r 69 !A N3 69 0 04 , 06i r r m U Ui d1 0 - W ui X F w N " rn N � to p V' .- N .y. V' ~ � N O O Y O N U N0 IT CO O H a =O u LO CO U ���60 J V o o Q Z N T U m S` . A LO O O P Y N 3 V O O �-- N ca w a o x (L H 0 0 3 N N o U U V U O C C u n wO C a o (6 C6 0 c6 O O o c .� xxxxx ww W W o H ' O C J W E uo co U O $ R O CO N [O l+i O OR I? O to co co CR co -41 co 0 N 6l m CO M m Cl) �- O r 64 69 N) 64 6} m 1 64 64 69 64 64 N V) EA to ) � _ _ m o m a (U _N V U E cu O N Go E O n w O l 1 _ E C an (D o c o m o_ co U a = m c E � _ ocm o r U) � U O U O O fl E m S (D O N m 0 n c c C o O N I oCY z L .0` Jei J m m N _ Q �O=x ([( c6 0 7M0 U 0 = xro C C J WQm 0 > o > -FQ-j > � 0 iUXuNU 0 � oo p movo 00 x cow O H 1LCKW cco m c o u E dm ' FC Hc vQ O` E — dd � ma a.a D amm� Qovnvqvnc mi � no- CL ¢ on Noc o 91 r 102 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 Additional 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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. i 103 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 ANII. 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. V 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 December 8, 2009 Category Consent Calendar - 6M 1. SUBJECT: CONTRACT WITH HERRERA ENVIRONMENTAL FOR DOWNEY FARMSTEAD RESTORATION PROJECT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with Herrera Environmental Consultants in the amount of $139,214 for a Feasibility Study and 30% Design, and direct staff to establish a budget within the Downey Farmstead Restoration Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. A $150,000 grant from the State Salmon Recovery Funding Board will be used to pay for this consultant agreement. 3. EXHIBITS: Public Works Memo dated 11/5/2009 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 105 PUBLIC WORKS DEPARTMENT Timothy ] LaPorte, P E , Public Works Director Phone 253-856-5500 KENT Fax- 253-856-6500 WAS"I"GTG" Address- 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 5, 2009 iTo: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 16, 2009 From: Mike Mactutis P.E., Environmental Engineering Manager Through: Tim LaPorte P.E Public Works Director Subject: Contract w/Herrera Environmental for Downey Farmstead Restoration Project — Salmon Recovery Funding Board Grant Funding Motion: Move to recommend Council authorize the Mayor to sign the Contract with Herrera Environmental Consultants for a Feasibility Study and 30% Design in the amount of $139,214, direct staff to establish a budget to be spent within the Downey Farmstead Restoration Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The Downey Farmstead Restoration Project involves four parcels totaling 21.81 acres located along the left bank (facing downstream) of the Green River from RM 21.7 to 22.2. This restoration project will include creation of flood plain storage and side channel refuge salmon habitat parallel to the Green River. This will increase access to floodplain habitat for Chinook and other salmonids and restore floodplain functions. Herrera Environmental Consultants would perform a feasibility study and 30% design of the Downey Farmstead Restoration Project. A $150,000 grant from the State Salmon Recovery Funding Board will be used to pay for this consultant agreement. I Budget Impact: None U ftblrcIPWCommineeL4cnonPagel2(V91doc 1 107 • K E N T W RS MIHGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Herrera Environmental Consultants THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Herrera Environmental Consultants organized under the laws of the State of Washington, located and doing business at 2200 Sixth Avenue, Suite 1100, Seattle, WA 98121-1820, Phone: (206) 441-9080/Fax: (206) 441-9108, Contact: Mark Ewbank (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 assist with technical analysis, environmental documentation, and pre-design services for the Downey Farmstead Restoration Project. For a description, see the Consultant's November 4, 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 December 31, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Thirty Nine Thousand, Two Hundred Fourteen Dollars ($139,214.00) 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) 108 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) i109 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 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) 110 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) ill 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: Mark Ewbank Timothy J. LaPorte, P.E. Herrera Environmental Consultants City of Kent 2200 Sixth Ave., Suite 1100 220 Fourth Avenue South Seattle, WA 98121-1820 Kent, WA 98032 (206) 441-9080 (telephone) (253) 856-5500 (telephone) (206) 441-9108 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Herrera-Downey Farmstead/Flelding CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 112 ' DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT 113 ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 114 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 115 SCOPE OF WORK City of Kent Downey Farmstead Restoration Project Feasibility Study and Preliminary Design The City of Kent(City) is pursuing a large-scale habitat restoration project on four parcels of land that it recently acquired at the site of the former Downey Farmstead adjacent to Frager Road in unincorporated King County.The project will entail construction of a new side channel connected to the existing Green River channel, and excavation to create additional flood storage. Herrera Environmental Consultants (Herrera)and its subconsultant URS Corporation (URS)will assist the City with technical analysis, environmental documentation, and pre-design work to enable the City to proceed with acquisition of grant funds to complete design, peimrtting, and construction. IThis scope of work describes several tasks that Herrera and URS will perform for the City, as follows: • Task 1—Project Management and Contract Administration ■ Task 2—Geomorphic Analysis ■ Task 3—Hydraulic Analysis ■ Task 4—Geotechnical Investigation and Analysis ■ Task 5—Cultural Resources Assessment Task 6—Frager Road Realignment Analysis ■ Task 7—Biological Analysis • Task 8—Preliminary Design Report • Task 9—Initial Permitting Agency Coordination i Task 1 —Project Management and Contract Administration Herrera will be responsible for ongoing contract administration of this project, including preparing invoices and progress reports, as well as scheduling and coordination of work efforts with the City's project manager (Joe Fielding). Herrera's project manager(Mark Ewbank) will have phone and e-mail contact with the City's project manager on an as-needed basis with regard to the technical work outlined in subsequent tasks,and for schedule, budget,and invoicing issues. Herrera's project manager and two technical lead staff will attend a kickoff meeting with City staff to initiate the detailed work of the project team. Deliverables • Monthly invoices and progress reports r kVmrtc,elh,cnerlhe a oip o)y7oo9lo9-are,7-000tpmpmi ikentao.eyfar ft de ,w,m<<�miseascope of work nov 2009 changes accepted.doc November 4, 2009 1 Herrera Environmental Consultants 116 SCOPE OF WORK II ■ Schedule outlining timelines for completion of individual tasks—prepared at the outset of the project and updated twice during the course of the project work. ■ Telephone and email communications with the City's project manager on important issues regarding scope, schedule and budget. Task 2—Geomorphic Analysis Herrera will assess existing geomorphic conditions of the project site, sediment transport into and through the site, and anticipated geomorphic responses to side channel and floodplain alteration design concepts. Herrera will review historical river channel characteristics from available aerial photos and review past geomorphic work conducted by King County and/or the U.S. Army Corps of Engineers in the site vicinity Herrera geomorpbologists will conduct a site visit to assess upstream and downstream conditions, the geomorphic effects of the Corps of Engineers' recent wood structure placement in the Green River adjacent to the site, and related design considerations for creation of a new side channel to the Green River through the Downey Farmstead site.The geotechnical information for the site generated in Task 4 will serve as a basis for estimating deformability of the bed and banks of a side channel excavated through the site. This information will be combined with the hydraulic analysis results in Task 3 to estimate the potential for side channel erosion and/or aggradation, and to understand whether the connection points of a new side channel to the existing mainstem river channel will be vulnerable to sedimentation that could isolate the side channel from the river in lower flow conditions. The methods of analysis and findings of the geomorphic assessment will be documented in a technical report prepared in Task 3. Assumptions ■ The City of Kent will provide Herrera with available information relevant to this project, including existing reports, data, and any existing topographic survey information. ■ The City of Kent will provide recent aerial photographs that it has in its possession to Herrera in digital and hard copy form ■ Herrera will research availability of additional historical aerial photographs from public sources that are free of charge ■ The field assessment will be completed over two days by two Herrera staff. ■ A detailed field assessment of the river, banks, floodplain, and infrastructure will be conducted from 1,000 feet upstream of the SR 516 bridge to 500 feet downstream of the mouth of Mullen Slough (approximately 4,500 lineal feet)to identify potential hazards and as needed to support hydraulic modeling A less-detailed reconnaissance will be conducted outside of the detailed assessment reach, coinciding the rr of work nov 2009 changes accepted doc November 4, 2009 2 Herrera Environmental Consultants 117 SCOPE OF WORK upstream and downstream extents of the hydraulic modeling work described in Task 3,to identify any additional hazards or concerns. ■ The Herrera team will record field information including channel dimensions and morphology, side channels, areas of erosion and deposition, composition of bank soils,existing bank protection, bed- surface grain size, composition and location of woody debris, vegetation type, hydraulic roughness mapping, potential wetland areas, and high-flow indicators. The current location of features will be mapped using a professional-grade Trimble GPS unit. Up to 2 pebble counts(surface and subsurface)will be performed in the field. ■ Herrera will evaluate the effects of the project on sediment deposition and scour based on existing studies. No sediment load measurements will be performed under this task ■ Geotechnical data collected in Task 4 will be incorporated into the geomorphic assessment. Deliverables ■ None in this task. Task 3—Hydraulic Analysis Herrera will perform a hydraulic analysis of the project reach for up to three design alternatives for a range of river flow conditions. The purpose of the hydraulic modeling is to assess existing hazards, evaluate the performance of habitat-sustaining characteristics of the alternatives (flow velocities,water depths,and channel bed shear stresses), and evaluate flood flow attenuation characteristics. A key issue in the hydraulic analysis will be evaluation of the configuration of side channel connections to the existing river channel at the upstream and downstream ends of the new side channel through the Downey Farmstead site,which could be vulnerable to sedimentation that isolates the channel from the river in lower flow conditions if not designed appropriately. jHerrera will use two hydraulic models for this analysis: 1)the existing, onc-dimensional HEC- RAS model of the Green River in the project site area, and 2) a two-dimensional FLO-2D model developed specifically for the project reach and including the Green River, proposed side channels, and floodplain within the project reach. The HEC-RAS model will be used as a tool to evaluate existing conditions and to screen design alternatives using criteria(such as reductions in water surface elevations) developed by Herrera in collaboration with the City. The FLO-2D model will be used to evaluate hydraulic characteristics of the preferred design alternative at specific locations within the site, as it is capable of simulating hydraulic phenomena in floodplains and riverme side channel at greater resolution than HEC-RAS. iwn eralht,MfVwrn a�,,fy2oovwro„37o00bmpoairikentao ngfarmsMadc ulu M?immrowascope of work nov 2009 changes accepted doc November 4, 2009 3 Herrera Environmental Consultants 118 Z SCOPE OF WORK - The results of the hydraulic analysis will be combined with the geomorphic analysis and documented in a technical report for review by the City. It is envisioned that the report prepared in this task will be important for discussions with regulatory agencies and to support pursuit of additional grant funding to complete the project. I Assumptions ■ Hydraulic modeling will be limited to within the project reach defined as 1,000 feet upstream of the SR 516 bridge to 500 feet downstream of the mouth of Mullen Slough (approximately 4,500 lineal feet of channel and adjacent banks and floodplain). ■ The HEC-RAS and FLO-21)models recently developed by Northwest Hydraulic Consultants for King County will be obtained by Herrera.The City of Kent will assist in the request for this model. ■ The City will collect additional bathymetrrc data for the reach of the river adjacent to the project site to enable Herrera to refine the resolution of the hydraulic model. ■ Existing conditions and up to three side channel and floodplain modification design alternatives will be evaluated with HEC-RAS. ■ The FLO-21) model developed for this project will be used to evaluate the preferred alternative. ■ The model grid for the FLO-2D model will be created by merging the available topography and bathymetry for the project reach, to the extent that has not been done already in the modeled to be provided by King County. ■ Herrera will use the FLO-2D model to refine the design for the preferred alternative. ■ If a detailed"zero rise" floodplain water surface analysis is necessary for the project to support permitting, that analysis will be done in a later phase of work under a separate contract. ■ Up to four characteristic flows will be modeled with both HEC-RAS and FLO-21) for each design alternative. These will include a low flow that is indicative of hydraulic characteristics important for fish habitat sustenance, two moderate flood events,and an extreme flood event. ■ The results of hydraulic modeling for an extreme flood event will be for design purposes only, and will not be used to modify local flood insurance mapping ■ The technical report prepared by Herrera in this task will be subject to one round of review by the City.The City will provide Herrera with one set of consolidated comments on the draft report. wK. eu .e�,ol,Ymn9o9oa a�oaa,.o sar,kentao �vl� =� teammWmdscope of work nov 2009 changes accepted doc November 4, 2009 4 Herrera Environmental Consultants 119 SCOPE OF WORD. Deliverables ■ Draft Hydraulic and Geomorphic Analysis Report—electronic file in Adobe Acrobat file format and 3 hard copies ■ Final Hydraulic and Geomorphic Analysis Report—electronic file in Adobe Acrobat file format and 5 hard copies. tTask 4—Geotechnical Investigation and Analysis The purpose of the geotechnical portion of this task is to investigate the nature of subsurface soil and groundwater conditions and provide recommendations for the design and construction of the proposed side channel such that slopes are stable and nearby property and facilities like SR 516 are not adversely affected. A furtber geotechnical objective is to provide information for the design of the re-aligned Frager Road. URS will perform the following activities in this task: Review and Preparation: Review available geotechnicaI information for the project area (previous borings by WSDOT and others plus published geologic information) and meet with WSDOT and other appropriate agencies regarding the project. Subsurface Investigation: Investigate subsurface conditions by advancing 5 electric cone penetrometer(CPT) probes to depths ranging from 35 to 50 feet (200 feet total) and excavating 3 to 5 test pits at locations suited to both the geotechnical and the soil chemistry studies. The CPT probe depths must reach depths greater than the anticipated 20 to 25-foot depth of the proposed side channel to provide for the evaluation of deep seated slope failures. Some of the test pits will be deep enough to intersect the groundwater table to examine the rate of inflow and the stability of excavations at the water table.The field exploration work is assumed to be completed in a single long day, or slightly less than 1.5 days if all work cannot be completed in the single day. Laboratory Testing: Test selected test pit soil samples in the lab for grain size distribution and plasticity characteristics to help estimate engineering parameters and behavior during seismic shaking. Design Memorandum: Estimate soil profiles across the site, evaluate soil parameters, assess stability of cut slopes for channel, examine potential for liquefaction and effects on proposed channel and nearby property (especially SR 516 roadway embankment), assess possible need for slope reinforcement or other mitigation for static and seismic loading conditions, estimate pavement design parameters for new Frager Road alignment, evaluate construction-related concerns such as excavation stability and dewatering and erosion control, and prepare a design memorandum summarizing the results of investigations, analyses and recommendations. The memorandum will include a plan of probe and test pit locations, logs of probes and test pits, .v . .aye�<,u�..aroy o yzoosa�-0�,3,000�,a�sa,skent�wn�fwm uedwu�ro�„a�,.e.rescope of work nov 2009 changes accepted.doc November 4, 2009 5 Herrera Environmental Consultants 120 SCOPE OF WORK f results of lab tests, graphical results of liquefaction potential evaluations, and graphical results of slope stability evaluations. Assumptions ■ The City of Kent will provide available geotechnical information for the project area that it has in its possession, and will assist in coordinating acquisition of information from WSDOT. ■ if liquefiable soils are encountered in subsurface explorations and as a result WSDOT requests additional analysis beyond that scoped in this task, or otherwise WSDOT's concerns require additional work to address them,the budget for this task will have to be supplemented to enable that additional work. ■ No laboratory sampling for soil or groundwater contaminants will be performed under this scope of work. If evidence of potential contamination is encountered during subsurface explorations, URS will consult with the City of Kent regarding sampling of the material and any laboratory analysis that the City decides is necessary. The cost of sampling and laboratory analysis for contaminants in soil or groundwater is not included in the contract budget, and will represent an additional cost to be negotiated with the City. Deliverables ■ Geotechnical Memorandum - one hard copy and electronic file in Adobe Acrobat electronic file format. Task 5—Cultural Resources Assessment The purpose of this task is to evaluate if prehistoric and/or historic period cultural materials are present and to assess how to accommodate the Downey Bridge historic site into the habitat restoration design. To ensure that historic and archaeological resources are not impacted by project activities, URS will complete a literature review and record search of the proposed project area, designed to determine the presence or absence of known archaeological resources. This review will be conducted utilizing records on file with the Washington Department of Archaeology and Historic Preservation in Olympia, Washington. Following completion of the record search, a complete pedestrian inventory will be conducted of the proposed project area, utilizing transect spacing of no more than 20 meters. As appropriate, shovel probing will be conducted during the course of inventory to better determine the presence or absence of buried cultural materials. ,,ue.. aw.�a+v..=.awrojr:amo�aaJ»000�,,o+r,kentaow�Yfa �= a� u+ +,e".wa dscope of work nov 2009 changes accepted doc November4, 2009 6 Herrera Environmental Consultants 121 SCOPE OF WORK IAssumptions ■ All work in this task shall be in the context of compliance with Section 106 of the National Historic Preservation Act. ■ Records research shall be limited to utilizing records on file with the Washington Department of Archaeology and Historic Preservation in Olympia, Washington. Deliverables ■ Cultural resources assessment report documenting the results of literature review, field studies and recommendations for additional studies, if warranted The report will also include specific recommendations for treatment of effects to the historic bridge and monument located within the project area. Report will be submitted as one hard copy, and electronic file in Adobe Acrobat electronic file format. Task 6—Frager Road Realignment Analysis The purpose of this task is to examine possible roadway alignments for the new Frager Road and ensure that the preferred alignment is consistent with applicable standards and regulations. URS will prepare conceptual alternatives for anew alignment of Frager Road S. A road realignment analysis memorandum will be prepared that includes concept sketches of the alternatives and a recommendation for a preferred alternative including the basis for the recommendation. The text and sketches of the alignment alternatives can be incorporated by Herrera into the preliminary design report prepared in Task S. URS will perform the following activities in this task: Alignment alternatives: Prepare up to three roadway alignment alternative layouts and typical Isections for the relocated Frager Road. Letter report: Brief letter report shall provide supporting design information for each proposed alternative alignment, and shall include hand sketched schematic roadway alignment and roadway sections for each alternative. King County coordination: Provide coordination with King County Department of Transportation to confirm applicable design standards, get preliminary buy-off on proposed design concept, etc. r,ilhe,rerameea,$u.I prop.onyzOovw9.o4„7-000�,,o ou�kentd myf m„ad mmkmi ko.Ywmdscope of work nov 2009 changes accepted.doc November4, 2009 7 Herrera Environmental Consultants 122 SCOPE OF WORK Citv of Kent coordination:Provide coordination with City of Kent to review King County requirements and confirm conformance with City design standards, get preliminary buy-off on proposed design concept, etc. Assumptions ■ One meeting will be conducted with King County staff. ■ One meeting will be conducted with City of Kent staff. Deliverables ■ Brief memorandum that presents an analysis of alternative alignments for the relocation of Frager Road and a recommended alternative to carry forward to the 30% Predesign Report- one hard copy and electronic file in Adobe Acrobat pdf format. Task 7—Biological Analysis This task will involve a wetland delineation, ordinary high water mark delineation, and preparation of a critical areas report. Subtask 7.1 - Wetland and Ordinary High Water Mark(OHWM)Delineation Herrera wetland biologists will conduct a site visit to assess existing habitat conditions and ecological functions provided at the project site, and to determine/confirm the presence of wetlands. One wetland, identified on City of Kent critical areas maps, lies along the inside bank of the meander bend where the new channel alignment is proposed. This wetland will be investigated along with any other wetlands that occur on the site. Herrera will delineate the boundaries of identified wetlands located within the project site limits Herrera will also estimate wetland conditions within 300 feet of the project site based on best available information. The wetland determination and delineation will be conducted using the routine determination method outlined in the Washington State Wetland Identification Delineation Manual, the U.S. Army Corps of Engineers Wetland Delineation Manual, and the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual- Western Mountains, Valleys, and Coast Region. Delineated wetlands will be classified according to U.S. Fish and Wildlife Service (USFWS) and hydrogeomorphic classification systems, and rated in accordance with the King County and City of Kent Critical Areas Codes and Wasbington State Department of Ecology's Washington State Wetland Rating System for Western Washington- Revised 2004. The King County code will be used to identify the required buffer widths of the wetlands and Green River. Herrera will flag the boundaries of the wetlands and all test plots, as well as record their locations using a hand-held Global Positioning System (GPS) instrument. r: dowftyf.wwd awradscope of work nov 20D9 changes accepted doc November4, 2009 8 Herrera Environmental Consultants 123 SCOPE OF WORK Herrera will delineate the ordinary high water mark(OHWM)of the existing Green River channel during the field investigation. The OHWD4 will be determined using the definition set forth in WAC 173-22- 030(11). This involves using sequentially-numbered flags to identify the OHWM as evidenced by abrupt changes in topography. dominance of perennial vegetation, sediment deposits,drift lines, and signs of scouring. Herrera will flag the 0I4WM and record OHWM locations using a hand-held GPS instrument. Herrera will forward field maps of the wetland boundaries and OHWM to the City's survey crew lead in sufficient detail to enable the City to survey those areas without need for Herrera staff to be onsite. Assumptions • The site area comprises 21.81 acres. a The City will arrange for access to the property. • Survey of wetland boundary flags, test plot flags, and OHWM flags will be performed by the City. • The OHWM determination will be performed from Green River mile 21.7 to 22.2 (total of 0.5 miles). Deliverables Copies of field maps indicating locations of wetland boundary and 1 OHWNI flags. ' Subtask 7.2- Critical Areas Report Herrera will prepare a Critical Areas Report that presents findings of the wetland and OHWM delineation. The report will include information on project setting, objectives, methods, results, and regulatory implications. Results will include a description of each wetland identified including information on observed soils, vegetation, and hydrology. In addition,the report will present wetland classifications, ratings, and functions. The report will present findings on the Green River including general habitat conditions and stream classification. Regulatory implications will include an overview of federal, state, and local regulations including recommended and regulated buffer widths for each wetland identified and the Green River. The report will include data sheets, wetland rating forms, and figures showing wetlands, the Green River, and their buffers. This report will inform project designs including impact minimization measures and mitigation requirements. In addition, the report will support future aquatic permit needs for the project n'IVrereerol4--heererolpro3ly2 00910 9-04 43]-m*oposali,kentdowoeyfarmimad romrdtanr rwm"ws dscope of work nov 2009 changes accepted doc November 4, 2009 9 Herrera Environmental Consultants 124 SCOPE OF WORK Assumptions • The Critical Areas Report will be prepared according to reporting ' requirements in the King County Code. ■ One draft of the report will be prepared in this task. The final version of the report will be prepared at a later date, under separate contract, following King County permit application review that will not occur in this phase of the project. Deliverables ■ Herrera will provide a draft of the Critical Areas Report to the City for review. The draft report will be presented as 3 hard copies and an Adobe Acrobat electronic file. Task 8—Preliminary Design Report The design configuration will reflect analysis performed and decisions made in previous tasks. Herrera will prepare a concise draft and final preliminary design report that explains the project objectives, key design features, permitting requirements, and contains 30%complete design plan sheets for elements of the project that are critical to support acquisition of additional grant funding to complete design and construction. The City will provide consolidated comments on the 30% design plans, which will be incorporated into the final design package under a separate contract. Several contract-drawing sheets for the 30% design will be prepared, presumed to be the following-. • Vicinity Map and Title Sheet ■ Existing Condition Plan Sheet ■ Proposed Site Plan Sheet ■ Grading Plan Sheet ■ Channel Detail Sheet ■ Roadway Realignment Plan and Profile Sheets(2) ■ Stormwater Management Plan Sheet ■ Habitat Structure Detail Sheet ■ Miscellaneous Details Sheet ■ Planting Plan Sheet As part of the 30%submittal package, Herrera and URS will also prepare a preliminary engineer's cost estimate, in bid tab format, for construction to accompany the draft and final 30% design plans The preliminary construction cost estimate will be based on 2009 R.S. Means Site Work and Landscape Cost Data, WSDOT Unit Bid Analysis data, prevailing wage rates, vendor .\Vernon � uanUa�,ofyzoomoswo37-000 a r kentdownqf.M,Wdramaiwl Mamrewsed scope of work nov2009changes accepted.doc November 4, 2009 10 Herrera Environmental Consultants 125 SCOPE OF WORK quotes, and similar bid tabs prepared for Iike construction. Estimates will be prepared in spreadsheet format with a contingency of 30%. Assumptions 1 The 30%design plans prepared in this task will be subject to review and comment by the City. Comments that are important to address for City x reviewers to completely understand the 30%plans, and for a grant funding audience,will be incorporated by Herrera and URS. Other comments that will shape more detailed design plans to be prepared under separate contract will be deferred. ■ Preliminary (30%) design plans will be prepared using AutoCAD 2009 software. ■ The CAD drawing format for the preliminary plan sheets (i.e, file layering, fonts, vicinity map style, etc.)will be per City of Kent standards. • Two Herrera representatives will attend a 30%design review meeting with City staff. Deliverables L0 Draft preliminary design report—one bound hard copy and electronic file in Adobe Acrobat file format ■ Final preliminary design report—one camera-ready unbound hard copy and electronic file in Adobe Acrobat file format ■ Draft 30% design plans—one hard copy set at 11 x 17 inch sheet size, and electronic file in Adobe Acrobat file format ■ Final 30%design plans-one hard copy set at 11 x 17 inch sheet size, and electronic file in Adobe Acrobat file format ■ Comment response matrix indicating which City comments were reflected in the final 30%design plans and which comments are deferred to a later phase of design ■ Preliminary construction cost estimate—electronic file in Microsoft Excel format. Task 9—Initial Permitting Agency Coordination I To ensure the environmental pennitting process for the project is completed as efficiently as possible, it is essential to coordinate early with environmental permitting agencies. Herrera will provide the City of Kent with early coordination support with the following agencies: ■ King County Department Development and Environmental Services(re: construction and related permits as well as critical areas review requirements) �u<.rNaaafsvzo�so9oa4, oaoon��vkenta�wn,is.�se��o�urb�,e�.evr,=dscope of work nov 2009 changes accepted doc November 4, 2009 11 Herrera Environmental Consultants 126 SCOPE OF WORK ■ Washington Department of Fish and Wildlife (re- the anticipated Hydraulic Approval Permit and in-water work window determination) ■ Washington State Department of Ecology (re: wetlands documentation and mitigation requirements, and Section 401 Water Quality Certification issues) ' ■ U.S.Army Corps of Engineers (re: the Section 404 permit for wetland fill and alterations to the Green River bank, and Endangered Species Act documentation) ■ U.S.Fish and Wildlife Service and National Marine Fisheries Service (for the Endangered Species Act documentation and Magnuson-Stevens Act documentation) f Herrera will coordinate with the City to inform the Muckleshoot Indian Tribe of the project design concept early in design development to gain their input at a time when it can be most helpful. Engaging the Tribe and the necessary permit reviewers at the concept design stage will promote streamlined review of the permit application materials to be prepared under a separate contract because it allows the City to proactively identify and address potential project complications,to identify expedited permitting options, and to gain agency input early in design development so that the designs and documentation that are subsequently developed can incorporate these considerations. Assumptions ° Herrera will provide up to 22 hours of early agency coordination support. ■ The City will make logistical arrangements for agency meetings. Deliverables ° Herrera will prepare written notes from meetings with permitting agencies, and submit them in the form of Microsoft Word files to the City via email attachments. I 1 R llherruaUernelVicnemlpro/1y3G091D9-044;7-0�OyJopoalJ��rlt downeyformslead iron wwv team rtwl dscope of work nov 2009 changes accepted doc November 4, 2009 12 Herrera Environmental Consultants 127 Vml w��P ry V`=n om nrvw'mma }'aNS:wwN um w `� pN �X � N um H � O V N ~ _ jmd— mOSmip PEON O,NOmN n �O � $O m e0 S o J ry > J ¢ O U O ow ewm F EC w � CmN ORae'oo$o�o$�oom �o � omo o ' o q M C O DI u`.�. �00000000 Poo ma0000 �P 9 oe o V 6 K 2 J J U A o v_r R$$hmy „ wd a P w ^$ oo $ w „n n CPaP000aa oaoo aoo � o Z N U 2 J D J � mo �'ce $$$Roo �$RRR3$w$www$$RSRR $o .e,. u oa o eo Roo ` oD000000000aoao o »a �" o0 oP Ul m O C p O O Ul Z 2N e m �ebbfNw$ N gM$m$$off wViNRRNRRm m �O tnVi U o0 S ow HIVE 1 uix Z o e ~ ;a0^OOm0000�00000 GP O 00 O cc A ° �¢ doom Poroe orym o000 � �o a oo =o 0 p pp 019 p ww O Umw wW � UO w � $$ N P wUR f �� b �+ �� Cm00000000oo 000 amo � E Oo :o E o ul � i � �soS�Baffiw��'�R�N�emm r �g w C n e m a m=ads d� UN Ew> R mpg aw wwH and�vo &?�„ � � 9 a aa2QNd6ain v)WainM V<4 J S y ' u m b m 8 }+ o o N a ^ o E o w ? F Qc » a y u x L o c U 8 2D eLfr g w r Z EE o �-S YY55gfr � ed a °' a u ac ysa � q'e Efr�= F 2 y w F O N U� y C.w LL��m21Q mYtb N6 V' d�L !Jq >6 N� Z k.08. 128 , 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 Pro3ect 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: , 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 129 1 EXHIBIT B (Continued) 2. Commercial General_Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement ' naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause I 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 jContractor 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 I� the Contractor before commencement of the work. i 130 t EXHIBIT B (Continued) F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i r r 131 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • Phone 253-856-5500 K E N T Fax 253-856-6500 JVhS-I i N CTON Address 22o Fourth Avenue S Kent,WA 98032-5895 Date: June 29, 2009 To: Mike Mactutis IFrom: Joe Fielding, Alex Murillo, Robyn Bartelt i Subject Downey Farmstead Restoration—Feasibility Study/30% Design Consultant Selection— Herrera Environmental Consultants An evaluation of the six consultants which submitted Request for Proposals (RFPs) on June 24, 2009 was requested by advertisement in the Kent Reporter and the Seattle Daily Journal of Commerce The six firms which were evaluated included Shannon & Wilson, Inc , ICF Jones & Stokes. AMEC Geomatnx, The Watershed Company, Herrera Environmental Consultants and Anchor QEA Asa result of this selection process, Herrera Environmental Consultants (teamed with URS Corporation) was chosen to perform the Feasibility Study and 30% Design services. Upon your concurrence with our selection, we will obtain a scope of work and fee schedule from Herrera Environmental Consultants in order to execute a contract for the Feasibility Study and 30% Design work. r ' Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 6N 1. SUBJECT: CONTRACT WITH SHANNON & WILSON FOR HORSESHOE BEND LEVEE IMPROVEMENTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Contract with Shannon & Wilson, Inc. in the amount of $21,120 to perform a Biological Assessment, Wetland Reconnaissance and Mitigation Plan for the Horseshoe Bend Levee Improvement Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. A portion of the $9,800,000 grant from the Washington State Department of Ecology will be used to pay for this consultant services contract. 3. EXHIBITS: Public Works Memo dated 11/10/09 and Consultant Services Agreement ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 133 PUBLIC WORKS DEPARTMENT 1 Timothy J LaPorte, P E , Public Works Director . Phone 253-856-5500 KENT Fax• 253-856-6500 1 W n s M I N G-O N Address• 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 10, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 16, 2009 From: Mark Howlett P.E., Design Engineering Manager Through: Tim LaPorte P.E., Public Works Director Subject: Consultant Contract w/Shannon & Wilson for Biological Assessment of Horseshoe Bend Levee Improvement Project Motion: Move to recommend Council authorize the Mayor to sign the Consultant Services Contract with Shannon & Wilson, Inc., to perform a Biological ' Assessment, Wetland Reconnaissance and Mitigation Plan for the Horseshoe Bend Levee Improvement Project in the amount of $21,120, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The Horseshoe Bend Levee Improvement Project involves repairing approximately 9,875 LF of the right bank of the Green River from RM 23.8 to 26.2. This improvement project will include removal of invasive species, reconstructing the levee, installing trees and shrubs, installing an 8' high concrete wall on the back and top of the levee where needed and creation of flood plain storage where possible, parallel to the Green River. This will increase habitat for Chinook and other salmonids and restore floodplain functions. Shannon & Wilson would produce a Biological Assessment to evaluate the overall impact of our project to Threatened or Endangered Species. A portion of the $9,800,000 grant from the Washington State Department of Ecology will be used to pay for this consultant services contract. Budget Impact: None 1 U lPubl cIPWCommineet4ctionPage120091I1I6091APSha wnWilsonHoneho 8endLeweJF,e1dmgdoc ' 135 • KENT WASHINUTON 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, Seattle, WA 98103- 8636, Phone: (206) 695-6673/Fax: (206) 695-6777, Contact: Becki Kniveton (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 prepare a biological assessment for the Horseshoe Bend Levee Improvements Project. For a description, see the Consultant's November 10, 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 May 31, 2010. III. COMPENSATION. ' A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty One Thousand, One Hundred Twenty Dollars ($21,120.00) 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) 136 i 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 I 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) 137 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 Iinjuries 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 I Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide lreasonable 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 Icontractor 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) 138 , 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) 1 139 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: 1 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: Becki Kniveton Timothy J. LaPorte, P.E. Shannon & Wilson, Inc. City of Kent 400 N. 341h St., Suite 100 220 Fourth Avenue South Seattle, WA 98103-8636 Kent, WA 98032 1 (206) 695-6673 (telephone) (253) 856-5500 (telephone) (206) 695-6777 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Shannon&Wilson-Horseshoe Bend/Fielding CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) 140 ' 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 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 iCITY OF KENT 141 ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor iPOLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: ' 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. ' Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. ' 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity ipolicy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I EEO COMPLIANCE DOCUMENTS - 2 142 t CITY OF KENT ' EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of ' Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ , (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity , Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: , Title: Date: , i i 1 1 EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 143 SHANNON WILSON, INC. now GEOTECHN{CAL AND ENViRONSAENTAL CONSULTANTS ''rS: �• 1 A1'1=F :.R,F VSfi i 1 November 10, 2009 Mr Joe Fielding Envirorunental Engineer City of Kent Public Works Engineering 220 Fourth Avenue South Kent, WA 98032 RE: REVISED NATURAL RESOURCES SERVICES PROPOSAL, HORSESHOE BEND LEVY IMPROVEMENTS,KENT, WASHINGTON Dear Mr. Fielding: We appreciate this opportunity to provide the City of Kent (the City) with this revised proposal and cost estimate to prepare a biological assessment for the Horseshoe Bend Levy Improvements project This proposal presents the 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). As requested, this proposal also includes optional tasks for a wetland reconnaissance and a conceptual mitigation plan for stream impacts. ' 1t is our understanding that the goal of this project is to repair approximately 9,900 linear feet (If) of the levy on the north side of Horseshoe Bend We understand that once the repair is approved by the Corps, the Federal Emergency Management Agency will accept these as changes to the floodplain map of the Kent Valley. This proposal and cost estimate have been prepared based on our meeting on October 28, 2009 and our telephone discussion on No,,embei 9, 2009 This scope of services is intended to supplement the Schedule 2 scope of services in our existing contract with the City of Kent, which was limited to approximately 2,000 if of the Green River levy SCOPE OF SERVICES Our scope of services for this project includes the following tasks. Task 1: 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 400 NORTH 34TH ST11FET"bUITE 100 ' PO 130't 30030" 21-3-52042-001 P,EATT'i 'AAShIIIlG10fA 541,3 e,06-6328020 FAX a'6•G)5$777 1IDD 14200 8.-'G-0388 aw,t 51Ea�rtOnµtl9rn r;lnl 144 , Mr. Joe Fielding Sl-IlANiVON 6WILSON.INC. City of Kent Public Works Engineering November 10, 2009 ' Page 2 of 5 wetlands), species listed as threatened or endangered under the ESA, and essential fish habitat (EFH) protected under the Magnuson-Stevens Fishery Conservation and Management Act. Based on our preliminary review, we believe that the ultimate project design will support either a , "May Affect, Not Likely to Adversely Affect"or a"Likely to Adversely Affect" effects determination. However, without more definitive designs and greater understanding of the project's direct, indirect, and cumulative impacts, it is uncertain which of these two effects determinations can be justified. Furthermoie, the Corps may elevate the effect determination to , "Likely to Adversely Affect" listed species. These two effects determinations vary significantly in level of effort and coordination with 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 (and Services, if necessary), as requested, to address questions or comments 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. Task 2: Wetland Reconnaissance ' At the City's request, Shannon & Wilson will complete a wetland reconnaissance of approximately 9,900 if of the Horseshoe Bend. This task will include conducting a background , review of information relating to the site, including the City of Kent Wetland Inventory and the King County Soil Survey The wetland reconnaissance will be performed using the methodology outlined in the Corps' 1987 Wetland Delineation Manual, the 1997 Washington State Wetlands Identification and Delineation Manual, and the 2008 Interim Regional Supplement to the Corps of Engineers 21.3-52042 001-64 docx/w9Akn 21-3-52042-001 145 ' Mr, Joe Fielding JHAE`dNON&WII,SON,INC. City of Kent Public Works Engineering November 10, 2009 Page 3 of 5 Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. We assume that the wetland reconnaissance fieldwork can be completed by two people in one 8-hour day Shannon &Wilson will prepare a wetland reconnaissance letter report that identifies whether ' wetlands were observed along the Green River in the levy location and categorizes the site wetlands(if any) and associated buffers based on Kent Municipal Code. The letter report will also include a hand-drawn site map with the approximate wetland locations. Task 3: Conceptual Mitigation Plan ' Shannon& Wilson will prepare a conceptual mitigation plan which will be submitted to the City for review and comment. The conceptual mitigation plan will be prepared based on information provided by the City, such as potential locations where mitigation may occur and site designs identifying area of impact The conceptual mitigation plan will be prepared in accordance with the City's mitigation ' standards and the Compensatory Mitigation for Losses of Aquatic Resources, Final Rule(40 Code of Federal Regulations Part 230: 19594 to 19705) The conceptual mitigation plan will not include any soils or hydrologic analysis Tt will include developing a conceptual grading plan, a planting plan, functions analysis, performance standards, monitoring and contingency measures, and conceptual hydrologic support for the mitigation site The conceptual mitigation plan will ' then be submitted as part of the permit applications to the Corps, Washington Department of Fish and Wildlife, and the City. Note This task does not include a final mitigation plan. We cannot estimate the costs for the final mitigation plan at this time because we cannot anticipate the extent of mitigation required, the types of comments from the agencies and/or tribes, or our level of effort necessary to address those comments A scope of services and cost estimate for the final mitigation plan will be developed after the agencies' comments have been received and a level of effort can be estimated. 21J-52042-001 [Ado xhvp/An 21-3-52042-001 146 ' Mr. Joe Fielding SHANNON f WI SON.INC. , City of Kent Public Works Engineering November 10, 2009 ' Page 4 of 5 COST ESTIMATE We are prepared to provide the services described above on a time-and-expense basis in ' accordance with our existing City of Kent contract. Our cost estimate is summarized below and explained in more detail in the enclosed Cost Estimate , Task 1: Biological Assessment $19,307 Previously Authorized (Schedule 2) -$14,700 Total for Expanded Services $4,607 Task 2: Wetland Reconnaissance $3,425 Task 3: Conceptual Mitigation Plan $13,088 ' Total $21,120 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 , SCHEDULE We can complete the wetland reconnaissance fieldwork within one week of notice to proceed ' and can provide the wetland reconnaissance letter report two weeks after fieldwork has been completed If it is determined that a wetland delineation is needed, we can provide a scope of , services and cost estimate for this task under a separate proposal. We can start the BA and conceptual mitigation plan immediately upon notice to proceed. We ' assume that the City will be able to provide the reports and design plans which will be necessary for us to adequately assess all of the project's impacts This includes, but is not limited to: a set of design drawings, estimated dredge and fill quantities and locations, additional impervious , surfaces (if any), location of staging areas, temporary erosion and sediment control and grading plans, and a general construction timeline/sequence. Based on our October 28, 2009, meeting, we understand that the City would like to work with a"worst case" scenario for impact ' quantities, to expedite the permitting process Additionally, the BA will need to incorporate impacts to listed species, critical habitat, and EFH that will result from the conceptual mitigation design Therefore, we will be working with the City to determine conceptual mitigation areas and options during the design process Once we 21-3-52042-006L4 docvapAkn 21-3-52042-001 ' ' 147� Mr. Joe Fielding S14ANNON WILSON,INC. City of Kent Public Works Engineering ' November 10, 2009 Page 5 of 5 ' have received sufficient information to assess the potential direct, indirect, cumulative, and interdependent effects from the project, we should be able to complete the BA and conceptual ' wetland mitigation plan within three weeks. The services included in this scope are those necessary to support a National Environmental ' Policy Act and/or State Environmental Policy Act checklist-level permitting sequence In the event that an Environmental Assessment or an Environmental Impact Statement are required, additional natural resources services may be needed, which are not included in this cost estimate CLOSURE ' We are pleased to have this opportunity to assist you with this project. If you have any questions, please contact me at (206) 695-6673 ' Sincerely, SHANNON & WILSON, INC. Becki Kniveton, P W S. Senior Wetland Biologist ' BSK:PCJ/bsk Eric. Cost Estimate 26i-11011 001-Li doodwpdkn 21-3-52042-001 148 , SHANNON &WILSON, INC COST ESTIMATE Proposal No 21-3-52042-001 t Project Horseshoe Bend ' d Client Joe Fielding ` By BSK 11/9/2009 e - - ��- Rate- _ - Quantity Subtotal _ Subtotal - Task 1: Biological Assessment s Site Visit Environmental Scientist IV $10000 /hr 8 hrs $800 Senor Environmental Scientist $105 00 /hr 8 hrs $840 Site Visit(nuleage) 72 /mile 0 55 mile $40 € Agency Coordination&Report Preparation , Environmental Scientist IV $10000 /hr 60 hrs $6,000 Senior Environmental Scientist $105.00 /hr 46 hrs $4,830 { Vice President $20500 /hr 10 hrs $2,050 i Drafting $92 00 /hr 24 hrs $2,208 ' Clerical $70 00 /hr 6 hrs $420 Copies,Mail,Computer $25 00 /ea 6 total $150 PHS Database Search 40 /search l search $40 ' Meeting(mileage) 72 /mile 0.55 mile $40 Project Management Senior Environmental Scientist $105 00 /hr 18 hrs $1,890 ' $19,307 Schedule 2(previously authorized amount) ($14,700) $4,607 Task 2: Wetland Reconnaissance , Site Visit Environmental Seientisl IV $10000 /hr 8 hrs $800 Senior Environmental Scientist $105 00 /hr 8 hrs S840 ' Site Visit(mileage) 72 Imile 055 mile $40 Report Preparation Environmental Scientist IV $10000 /hr 10 firs $1,000 Senior Environmental Scientist $105 00 Ar 2 lus $210 Vice President $205 00 /hr I hr $205 Clerical $70.00 /hr 1 hr $70 Copies,Mail,Computer $25 00 lea 2 total $50 ' Project Management Senior Environmental Scientist $105 00 /hr 2 hrs $210 $3,425 ' Task 3: Conceptual Mitigation Plan Environmental Scientist IV $100 00 /hr 35 hrs $3,500 Senior Environmental Scientist $105 00 /hr 40 hrs $4,200 Vice President $205 00 /hr 4 hrs $820 ' Drafting $92 00 /hr 24 hrs $2,208 Clerical $70 00 /lir 4 hrs $280 Copies,Mail,Computer $25 00 /ea 6 total $150 ' Site Visit(mileage) 72 /mile 055 mile $40 Project Management SemorEnvironmentalScientist $105.00 /hr 181irs $1,890 $13,088 ' TOTAL ESTIMATE $21,120 21-3-52042-001-LA-Cost xlsx 21-3-52042-001 ' 149 ' HORSESHOE BEND LEVEE IMPROVEMENT PROJECT ENVIRONMENT ENGINEERING CONSULTANT SELECTION 1. The following five consultant firms were selected from the list of submitted SOQ's. They were chosen based on their experience, level of expertise and quality of work previously performed for the City of Dent a. Shannon & Wilson, Inc. b. Earth Solutions NW, LLC. ' c. Herrera Environmental. d. Landau Associates. e. Watershed Dynamics. Each of the firms was rated and the following is the order in which each reviewer ranked the firms. Ranking Dennis M Johnson Mark Madfai Joe Fielding 1 Shannon &Wilson, Inc Shannon& Wilson, Inc Shannon & Wilson, Inc ' 2 Earth Solutions NW, LLC Landau Associates Herrera Environmental 3 Herrera Environmental Earth Solutions NW, LLC Earth Solutions NW, LLC 4 Landau Associates Herrera Environmental Landau Associates 5 Watershed Dynamics Watershed Dynamics Watershed Dynamics On October 27, 2009 the three raters agreed that Sharron&Wilson, Inc. was the firm with the overall highest rating and should be invited to submit a scope of work and budget. 11104119 Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 60 1. SUBJECT: CONTRACT WITH GEOENGINEERS FOR HORSESHOE BEND LEVEE IMPROVEMENTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Contract with GeoEngineers in the amount of $135,280, to develop geotechnical design recommendations for the Horseshoe Bend Levee Improvement Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. ' A portion of the $9,800,000 grant from the Washington State Department of Ecology will be used to pay for this consultant services contract. 3. EXHIBITS: Public Works Memo dated 11/10/09 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' S. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: 151 - PUBLIC WORKS DEPARTMENT Timothy J LaPorte, P E , Public Works Director . Phone- 253-856-5500 KENT Fax- 253-856-6500 WA5H1NGTON Address- 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 10, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 16, 2009 From: Mark Howlett, Engineering Supervisor Through: Tim LaPorte P E., Public Works Director Subject: Consultant Contract w/GeoEngineers -Horseshoe Bend Levee Improvements Motion: Move to recommend Council authorize the Mayor to sign the Consultant Services Contract with GeoEngineers, to develop geotechnical design recommendations for the Horseshoe Bend Levee Improvement Project in the amount of $135,280, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The Horseshoe Bend Levee Improvement Project involves repairing approximately 9,875 LF of the right bank of the Green River from RM 23.8 to 26.2. This improvement project will include removal of invasive species, reconstructing the levee, installing trees and shrubs, installing an 8' high concrete wall on the back and Lt top of the levee where needed and creation of flood plain storage where possible, parallel to the Green River. This will increase habitat for Chinook and other salmonids and restore floodplain functions. GeoEngineers will prepare and stamp the design of the proposed levee improvement for submittal to the US Army Corps of Engineers for approval. A portion of the $9,800,000 grant from the Washington State Department of Ecology will be used to pay for this consultant services contract. Budget Impact: None U IPcbLcIPWCommtneel4cbonPagei2OO9Adoc 153 KEN. W AS HIN6T.N ,I CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 Fawcett Avenue. Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (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 conduct subsurface explorations and laboratory testing as a basis for developing geotechnical design recommendations for the Horseshoe Bend Levee Improvements Project. 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 November 1, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Thirty Five Thousand, Two Hundred Eighty Dollars ($135,280.00) 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 B. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) 154 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$T 0,000) 155 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24,115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this ; Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over$101 000) 156 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) 157 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) i DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Ge Englo n-Hmeshow Bend/Madfal CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 158 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. !I 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 159 ADMINISTRATIVE POLICY i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. i2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 3 EEO COMPLIANCE DOCUMENTS - 2 160 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 1 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: 1 EEO COMPLIANCE DOCUMENTS - 3 161 EXHIBIT A GEOENGINEERS, INC. PROPOSED HORSESHOE BEND LEVEE IMPROVEMENTS GREEN RIVER, FROM KENT CITY LIMITS TO SR 167 KENT,WASHINGTON FILE NO.0410-172-00 SCOPE OF SERVICES - GEOTECHNICAL The purpose of our services is to conduct subsurface explorations and laboratory testing as a basis for developing geotechrncal design recommendations related to design and construction of the proposed levee improvements located along the north bank of the Green River from the Kent City limits to the SR 167 Bridge in Kent,Washington. This area is commonly referred to as"The Horseshoe Bend"section of the river.Our project understanding is based on conversations with City of Kent personnel and our experience in the area. The proposed levee improvement area comprises approximately 13,000 feet of levee. Of this total length, approximately 2,500 feet(a 1,450 foot portion in the southwest of the horseshoe bend and a 1,050 foot section in the northeast) have been improved recently by the Army Corps of Engineers. Our study will not include these portions. The majorRy of the proposed levees will be constructed entirely from sod. We understand that due to space constraints some proposed levee sections may include concrete retaining walls and/or concrete levee walls. A structural engineer has been retained by the City of Kent to provide structural design of these walls.The City of Kent will be responsible for providing proposed levee cross-sections and for preparing construction plans Recently temporary levee improvements, such as sandbags and superbags, have been placed on the existing levee. Accordingly,access to the levee will be limited. Our geotechnicai scope of services includes. 1. Review existing information, including in-house reports, reports by others provided by the City of Kent and appropriate Federal Emergency Management Agency (FEMA) and US Army Corps of Engineers (USACE) documents. 2. Conduct a site visit prior to subsurface explorations to coordinate exploration locations and site safety issues with the design team. I 3 Coordinate clearance and location of existing underground public utilities in the project area We will contact the Washington Utilities Coordinating Council"One Call"service prior to beginning explorations.We request that City of Kent personnel confirm that exploration locations are clear from potential damage to City-owned underground utilities 4. Drill up to twelve borings along the levee to characterize subsurface conditions and obtain undisturbed samples for laboratory testing. We have budgeted for two borings to depths of 70 feet below ground surface (bgs) and four borings to depths of 50 feet bgs The actual quantity and depth of the explorations will depend on the existing subsurface information available and access to the levee.We understand permitting for borings will be completed as necessary by the City of Kent. GEf2ENGINEER$ 162 Page 2 5. Advance up to eight Cone Penetration Test (CPT) soundings to supplement borings and obtain detailed sod layering information We have budgeted for a total of 800 lineal feet, including two 100 foot seismic cone to collect shear wave data The depth of the explorations will depend on the existing subsurface information available and access to the levee.We understand permitting for CPT soundings will be completed as necessary by the City of Kent 6. Complete hand auger explorations in the existing levee These explorations will be advanced to practical refusal over the course of two to three days.We will record sod conditions and ground water levels where encountered. 7. Complete laboratory tests on representative samples of the sods, including tests for moisture content, density, consolidation,shear strength,Atterberg Limits and particle size distribution,as appropriate. 8. Perform seepage analyses for up to six levee cross sections under each of the following conditions: end of construction, sudden drawdown, critical flood stage and steady state seepage during full flood stage We understand the City of Kent will provide hydrologic information, including design high water levels, duration of high water levels and expected maximum drawdown rates. 9. Perform stability analyses for the same six levee cross sections,considering each of the above-listed conditions. 10. Perform settlement analyses for the same six levee/foundation cross sections, 11. Develop recommendations for levee construction including site preparation, levee materials, compaction requirements,embankment slopes and geosynthetic reinforcement for steeper slopes,if necessary. 12. Develop recommendations for the design of concrete levee walls We will develop design lateral earth pressures as well as hydrostatic pressures and uplift pressures We will also provide allowable foundation bearing pressures and passive resistance pressures. 13. Develop recommendations for drainage blankets or other suitable measures to control seepage, if necessary based on our studies. 14. Evaluate erosion based on wave action,seepage or overtopping. 15. Attend up to five meetings with City of Kent and the design team or FEMA to coordinate geotechnical engineering and civil engineering design with the City of Kent and assist with levee certification. Our budget estimate includes eight hours each per meeting for Gary Henderson and Lyle Stone 16. Prepare a soils report summarizing the results of our field exploration program, laboratory testing and our seepage,stability and settlement analyses and providing our conclusions and recommendations.Our report will be part of the submittal to FEMA. 17. Review and stamp plans related to the flood bamer prepared by us and the City of Kent as required for the submittal to FEMA 18. Assist the City of Kent in preparing operating and maintenance plans and other parts of the submittal as needed. 19. Address any comments and revise submittal as needed. This includes coordination with the City of Kent, Northwest Hydraulics, USAGE and FEMA to incorporate necessary revisions into the submittal of the final report. Our scope does not include a detailed finite element analysis of earthquake induced liquefaction or displacement. Based on our understanding of the area and new FEMA guidelines,there is a possibility that this may be required If during our analysis we determine that a finite element analysis is required we will notify you.Our scope and budget also does not include any construction management,monitoring or inspections. TM GEdENGINEERS File 440041017200 WAW26,2009 163 Page 3 SCHEDULE Upon authorization to proceed, we are prepared to complete the proposed explorations as soon as they can be coordinated. Drilling subcontractors are currently scheduled out about two to three weeks and we anticipate that up to two weeks of field time will be necessary to coordinate and complete the explorations Based on this schedule,we anticipate laboratory testing and engineering analysis will begin about five weeks after authorization. Portions of our engineering analyses will be dependent on hydrologic information which we understand will be provided to the City of Kent by others We anticipate that our draft report will be complete about four months after authorization.We will then distribute the draft report to the City of Kent, USACE and FEMA for review We expect that our final report will be complete within about three to four weeks after receipt of comments,depending on revisions required by USACE and FEMA. Attachment Exhibit B Fee Estimate Disclaimer Any alectmmc form,facsimile or hard copy of the original document(email,text,table,and/or figure(,if provided,and any attachments are only a copy of the original document The original document is stored by GeoEngineers,Inc and will serve as the official document of record Copyright©2009 by GeoEnl;meers,Inc All rights reserved i I'le No 0410-172-00,Ootober 29,2009 164 EXHIBIT B FEE ESTIMATE CITY OF KENT GEOTECHNICAL ENGINEERING SERVICES HORSESHOE BEND LEVEE IMPROVEMENTS GREEN RIVER, FROM KENTCITY LIMITS TO SR 167 FILE NO.0410-172-00 Personnel Hours x Rate = Cost Principal(Gary Henderson) 80 x $160 = $12,800 Project Engineer 1(Lyle Stone) 220 x $145 = $31,900 ' Engineer/Scientist 3(Morgan McArthur) 170 x $128 = $21,760 Engineer/Scientist 2(Mackenzie Hanks) 160 x $112 = $17,920 CAD Designer 60 x $85 = $5,100 Support 80 x $75 — $6,000 Subtotal Personnel Cost(direct costs) $95,480 Other Exoenses Laboratory Testing $5,600 Field Equipment $2,000 Subcontracted Drilling $18,000 Subcontracted CPTS $14,200 Subtotal(indirect costs) $39,800 Total Estimated Costs $135,280 File No.0410.172.00 OcloberA,2009 GEOENGINEER� r 165 EXHIBIT C I 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. i G i 166 EXHIBIT C (continued) 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less ' than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 167 EXHIBIT C (continued) i ( F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. j All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Kent City Council Meeting Date December 8, 2009 Category Consent Calendar - 6P 1. SUBJECT: JAIL POPULATION MANAGER POSITION - AUTHORIZE 2. SUMMARY STATEMENT: Authorize a new full-time Jail Population Manager position, which will be fully funded, salary and benefits, by the Department of Justice, Edward Byrne Memorial Justice Assistance Grant for a period of two and a half years. If the position is retained following that period of time, the funding will come from the General Fund, or other grant funding possibilities. The Jail population manager, an AFSCME union member, will manage the jail's inmate population on a daily basis. This will allow the City of Kent to continue operating the current jail facility and meet the ongoing offender correctional supervision needs. The City of Seattle is the fiscal agent for this grant award. Funding will be on a reimbursement basis from the City of Seattle. 3. EXHIBITS: Memo dated 12/1/09 4. RECOMMENDED BY: Operations Committee 12/1/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds jDISCUSSION: ACTION: 3 i r+ POLICE DEPARTMENT Steve Strachan, Chief of Police Phone. 253-856-5888 KENT Fax. 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 tDATE: December 1, 2009 TO: Operations Committee SUBJECT: Jail Population Manager MOTION: I move to recommend that Council authorize the Kent Police to begin the hiring process for a Jail Population Manager, a new full time position. SUMMARY: The new full time position will be fully funded, salary and benefits, by the Department of Justice, Edward Byrne Memorial Justice Assistance Grant for a period of two and a half years. If the position is retained following that period of time the funding will come from the General Fund, or other grant funding possibilities. The jail population manager, an AFSCME union member, will manage the jail's inmate population on a daily basis. This will allow the City of Kent to continue operating the current Jail facility and meet the ongoing offender correctional supervision needs. The City of Seattle is the fiscal agent for this grant award. Funding will be on a reimbursement basis from the City of Seattle. EXHIBITS: BUDGET IMPACT: None. BACKGROUND: The Kent Police Department submitted a Joint application with 17 other cities and King County. The grant from the FY 2009 Recovery Act program was awarded in August. Operations Committee Jail Population Manager position December 1,2009 Kent City Council Meeting Date December 8, 2009 1 Category Other Business - 7A I1. SUBJECT: PANTHER LAKE ANNEXATION ORDINANCE 2. SUMMARY STATEMENT: On November 3, 2009, residents within the Panther Lake Annexation Area voted to annex to the City of Kent. Voters approved the annexation by 56% and King County certified the vote on November 24, 2009. The ordinance being brought before Council annexes the Panther Lake Annexation Area to the City of Kent, effective July 1, 2010. i i 1 3. EXHIBITS: 12/1/09, Memorandum to Operations Committee and Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No. , which annexes the Panther Lake Annexation Area to the City of Kent, effective July 1, 2010. jDISCUSSION: ACTION: 5 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KENT Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 December 1, 2009 To: Operations Committee From: Tom Brubaker, City Attorney Regarding: Ordinance Annexing Panther Lake Annexation Area to the City of Kent MOTION: Recommend Council adopt the proposed ordinance which annexes the Panther Lake Annexation Area to the City of Kent, effective July 1, 2010. SUMMARY: On November 3, 2009, residents within the Panther Lake Annexation Area voted to annex to the City of Kent. The preliminary results indicate that voters approved the annexation by 56.40%, and King County is expected to officially certify the election results by the end of November 2009. Attached for Committee review and approval, if acceptable, is a proposed ordinance that annexes the Panther Lake Annexation Area to the City of Kent, effective July 1, 2010. Prior to that effective date, City staff intends to bring before Council for adoption comprehensive plan and zoning code amendments for the annexation area. Prior to July 1, 2010, the City will also negotiate an interlocal agreement with King County regarding the transfer of King County services, property, and records within the Panther Lake Annexation Area. The City intends to adopt an ordinance by that date that implements the sales tax incentive provided for by RCW 82.14.415. This incentive allows the City to take a credit against existing state sales tax revenues to help offset the cost of providing services to the annexation area. It will not be an additional tax to the consumer. BUDGET IMPACT: None. 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, annexing an unincorporated area in King County, Washington, of approximately 3,347 acres contiguous to the corporate limits of the City of Kent, known as the "Panther Lake Annexation Area," effective July 1, 2010. RECITALS A. In accordance with Chapter 35A.14 RCW, on September 2, 2008, and June 16, 2009, the Kent City Council passed its Resolution Numbers 1794 and 1809 respectively, calling for an election to be held in connection with the general election on November 3, 2009, at which election the question of annexation would be presented to the voters of the Panther Lake Annexation Area. B. As required by state law, the City of Kent filed its Notice of 1 Intent with the Washington State Boundary Review Board for King County on September 5, 2008. The Boundary Review Board conducted a public hearing on the City's Notice of Intent on October 28, 2008, after which it issued its decision approving the City's proposed annexation of the Panther Lake area on November 13, 2008. No appeals of the Boundary Review Board's decision were filed. 1 Effective Date of Annexation of Panther Lake Annexation Area C. In accordance with Chapter 35A.14 RCW, the annexation was put to a vote of the people in the Panther Lake Annexation area on November 3, 2009. The King County Records, Elections and Licensing Services Division, on November 24, 2009, certified that the annexation had been approved by Panther Lake Annexation Area voters. D. It appears that the Panther Lake Annexation Area meets annexation requirements specified by law and that the lands being annexed are contiguous to the City of Kent and have not been incorporated into or as a part of a city or town. E. RCW 82.14.415 authorizes cities in certain population areas that annex territory having a population over 10,000 prior to January 1, 2015, to impose a sales or use tax, which tax must be taken as a credit against the sales tax, so it will not be an additional tax to a consumer. Further, King County cities annexing territory in accordance with RCW 82.14.415 would also be eligible to receive a financial incentive from King County to assist in meeting infrastructure and municipal service needs. One of the financial incentives that the City relied upon to annex the Panther Lake Annexation Area was the City's eligibility to receive the state's sales or use tax credit as well as King County's incentive tax dollars as provided for under RCW 82.14.415. F. At the time the Kent City Council submitted the Panther Lake Annexation issue to voters, it did not submit the issue of assumption of r existing indebtedness or the adoption of proposed zoning regulations. The Kent City Council's adoption of Comprehensive Plan amendments and , zoning regulations applicable to the Panther Lake Annexation Area will be conducted separately and adopted prior to the effective date of the , annexation as provided for by this ordinance. If applicable zoning is not completed before the annexation's effective date, however, zoning will be 2 Effective Date of Annexation of Panther Lake Annexation Area accomplished through the interim zoning provisions for unclassified property set forth in KCC 15.03.020(E)(2). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, - Annexation Effective Date. It appears that all requirements of the law in regard to an annexation by election method, including the provisions of Ch. 35A.14 RCW, have been met. Therefore, subject to the provisions of Section 3 below, the property situated in King County of the State of Washington, legally described in the attached and incorporated Exhibit A to this ordinance, shall be annexed to the City of Kent, Washington, effective on July 1, 2010. At that time, the property shall be included within the municipal boundaries of the City of Kent, as provided by law, and shall be subject to the jurisdiction, laws, ordinances, rules, regulations, and other requirements of the City of Kent. SECTION 2. - Tax Rate. Upon the effective date of the annexation, the property herby annexed shall be assessed and taxed at the same rate ' and on the same basis as other property within the City of Kent is assessed and taxed to pay for any outstanding general indebtedness of the City of Kent to which the area was annexed. SECTION 3. - Annexation Sales Tax Credit. In considering this annexation, the Kent City Council held public hearings and has reviewed all sources of revenue and examined the projected additional expenses and obligations that the City will incur relating to the annexation area. In accordance with RCW 82.12.415, the Kent City Council determines that the projected cost to provide municipal services to the annexation area will 3 Effective Date of Annexation of Panther Lake Annexation Area y likely exceed the projected general revenue that the City will receive from the annexation area on an annual basis. Therefore, once the City of Kent obtains the information required by RCW 82.12.415, it will adopt an ordinance implementing the sales tax incentive provided by that statute. SECTION 4. - Ordinance Transmittal to King County Boundary Review Board. Within ten (10) days after the effective date of the annexation referred to in this ordinance, the Kent City Clerk shall send to the Office of the Clerk of the County Council a certified copy of this ordinance together with a copy of the letter from the Executive Secretary of the King County Boundary Review Board that sets forth the Boundary Review Board's decision relating to this annexation (King County Boundary Review Board File Number 2284). SECTIONS. - Ordinance Transmittal to King County Records, Elections and Licensing Services Division. The Kent City Clerk shall record a certified copy of this ordinance with the King County Records, Elections, and Licensing Services Division. SECTION 6. - Mayor Authorization. The Mayor is hereby authorized to sign all necessary documents and to implement such administrative procedures as may be necessary to carry out the directions of this ordinance, including negotiations with King County of an interlocal agreement regarding the transfer of King County services, property, and records within the Panther Lake Annexation Area. r SECTION 7. - Severability. If any one or more section, j subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 4 Effective Date of Annexation of Panther Lake Annexation Area SECTION 8. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance and section/subsection numbering. SECTION 9. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. However, the annexation provided for in this ordinance shall not take effect until July 1, 2010. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK i.kPPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 5 Effective Date of Annexation of Panther Lake Annexation Area PASSED: day of November, 2009. APPROVED: day of November, 2009. PUBLISHED: day of November, 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\PantherLakeAnnexa[ion-OrdmanceAnnexmg doc 1 6 Effective Date of Annexation of Panther Lake Annexation Area Exhibit A Legal Description of Panther Lake Annexation Area i 1 1 t t 1 1 1 RECEIVED OCT 202008 I WA State Boundary Review Proposed Annexation Area Board For KingCO. l All those portions of Sections 3, 41 51 6, 71 8, 9, 10, 15, 16, and 17, Township 22 North, Range 5 East, W.M., and Sections 32 and 33, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Commencing at the east quarter corner of Section 6, Township 22 North, Range 5 East, W.M.; thence southerly, along the east line of said section, to the easterly prolongation of the south right of way margin of South 200th Street, thence westerly, along said prolongation, to the west right of way margin of 100th Avenue SE, the northeast corner of the Kent City Limits as established by Kent Ordinance #3099, as recorded under King County Recording Number 9305110613, and the TRUE POINT OF BEGINNING; thence continuing westerly, along said south margin of South 200th Street and the north margin of said city limits, to the west right of way margin of 92nd Avenue South and the east line of the Kent City Limits as established by Kent Ordinance #1017, as recorded under King County Auditor's File Number 5024149; thence northerly, along said west margin and said city limits, to the east west center of section line of said Section 6; thence easterly, along said center of section line and said city limits, to the center of said Section 6; rthence northerly, along the north south center of section line and said city limits, to the north right of way margin of South 200th Street and the south line of the Renton City Limits as established by Renton Ordinance #5327, Iunder King County Recording Number 20080109000833; thence easterly, along said north margin and said Renton City limits, to the 1 westerly right of way margin of SR 515 (108th Avenue SE) and the east line of the City of Renton City Limits as described in said Renton Ordinance #5327; thence northerly, along said west margin and the Renton City Limits as described in said ordinance, to a point 40 feet west of Highway Engineer's Station 270+40, as shown on Washington State Department of Highways Right of Way Plan SR 515 MP 3.87 to MP 5.15, Renton Vicinity, SE 1961h to Carr Road; thence easterly to a point 40 feet east of Highway Engineer's Station 270+50 as shown on said right of way plan, also being the northerly margin of SE 1 1/9 r 192nd Street and the south line of thq City of Renton City Limits as described in said Renton Ordinance #5327; thence easterly, along said north margin and the Renton City Limits as described in said ordinance, to the intersection of said north margin with the northerly extension of the east right of way margin of 124th Avenue SE, and the westerly boundary of Soos Creek Park; thence along said westerly park boundary and the adjoining roadways the following courses and distances: thence southerly, along said northerly extension and the east margin of said 124th Avenue SE, to the north line of the south half of the north half of Government Lot 2 of said Section 4; r thence easterly, along said north iine to the west margin of the Bonneville 9 9 Transmission One Easement (Covington-Seattle Line); thence southeasterly, along said west margin, to the south line of Morford Park, as recorded in Volume 180 of Plats, pages 1-3, records of King County; thence easterly, along said south line, to the west line of the east 450 feet of the south half of the south half of the southwest quarter of the northeast quarter of said Section 4; thence southerly, along said west line, to the south line of the northeast quarter of said Section 4; thence easterly, along said,south line, to the west line of the northeast quarter of the southeast quarter of said Section 4; thence southerly, along said west line, to the north line of Linda Highlands r Division No. 1, as recorded in Volume 91 of Plats, page,25, records of King County; thence generally easterly and southeasterly , along the northeasterly line of r said plat, to the north line of Greystone, as recorded in Volume 154 of Plats, pages 40-41, records of King County; thence easterly, along said north line, to the east line of said Section 4; thence southerly, along said east line, 105.29 feet to the northwest corner of , a tract of land conveyed to Charles R. Gardner by warrantee deed recorded under King County Recording Number 8507090815; thence southeasterly, along the northeasterly line of said Gardner tract and said park boundary, S59028'10"E 125.62 feet to an angle point in said northeasterly line; 2 r r thence continuing along said northeasterly boundary and said park boundary, S30036'37"E 834.39 feet, more or less, to the northwest right of way margin of SE 204th Way (SE Lake Youngs Way); thence southeasterly, perpendicular to the centerline of said SE 204th Way, 100 feet, to the southeast right of way margin thereof; thence northeasterly, along said southeast right of way margin, to the west line of the east 495 feet of the southwest quarter of the southwest quarter of 1 said Section 3, also being the west boundary of said park; thence along said park boundary, southerly along said west line, 50 feet to the northwest corner of a tract of land conveyed to Daniel John Overstreet by statutory warrantee deed recorded under King County Recording Number 9707311841; thence along the northeasterly line of the Overstreet tract and said park boundary, S54032'25"E 398.74 feet to the west line of the east 165 feet of the southwest quarter of the southwest quarter of said Section 3; thence southerly, along said west line, to the north line of the south 528 feet of said section; thence easterly, along said north line, to the west line of the southeast quarter of the southwest quarter of said Section 3; tthence southerly, along said west line, to the north right of way margin of SE 208th Street (H.C. Green Road, County Rd No. 329); thence easterly, along said north margin, to the northerly extension of the east line of the west 270 feet of the northeast quarter of the northwest quarter of said Section 10; thence southerly, along said northerly extension and the east line thereof, to the south line of the north half of the northwest quarter of the northeast 1 quarter of the northwest quarter of said Section 10; thence easterly, along said south line, to the east line of the west half of the northwest quarter of the northeast quarter of the northwest quarter; thence southerly, along said east line, to the southeast corner of the west half of the northwest quarter of the northeast quarter of the northwest quarter; thence westerly, along said south line, to a point on the east line of a tract of I land conveyed to Karen J. Arango by Quit Claim Deed recorded under King County Recording Number 9601030485, described as the west 108.9 feet of 3 the south 400 feet of the north 860 feet, as measured along the west line, of the northeast quarter of the northwest quarter of said Section 10, said point being 200 feet north of the southeast corner of said,tract; thence southerly, along said east line, 200 feet to the southeast corner of said tract; thence westerly, along the south line of said tract, to the west line of the northeast quarter of the northwest quarter; thence southerly, along said west line, to the north line of the south half of the north half of the southwest quarter of the northwest quarter of said Section 10; thence westerly,,along said north line, 100 feet, to the west line of the east 100 feet of the southwest quarter of the northwest quarter of said Section 10; thence southerly, along said west line, and its southerly extension, to the south right of way margin of SE 216th Street (Albert Haverinen Road); thence easterly, along said south margin, to the west boundary of the park property as described in warranty deeds recorded under King County Recording Numbers 9506090372, and 9506090371; thence along said park boundary as established by said warrantee deeds, S08038'08"W 155.90 feet; thence S05032'16"E 256.57 feet; thence S05003'27"E 179.40 feet; thence S02016'36"W 119.91 feet; thence S13050'14"E 114.38 feet; thence S0905742"E 178.35 feet; thence S10045'26"E 264.27 feet; thence S45051'35"W 62.76 feet to the north line of the southeast quarter of the southwest quarter of said Section 10; thence westerly, along said north line, to the west line of the southeast quarter of the southwest quarter of said Section 10; thence southerly, along said west line, to the south line of said Section 10; 4 1 thence easterly, along said south line, to the southerly right of way margin of SE 224th Street (Johnson Road NO. 328); thence easterly, along said southerly margin, to the east line of the west quarter of the northeast quarter of the northwest quarter of said Section 15; thence southerly, along said east line, to the south line of the northeasc quarter of the northwest quarter of said Section 15; thence easterly, along said south line, to the east line of King County Short Plat No. 280062, recorded under King County Recording Number 8010150859; thence southeasterly, along said east line, to the east line of Lot B of King County Lot Line Adjustment No. L991-001, recorded under King County Recording Number 9903099010; thence southeasterly, along said east line, to the south line of the northwest quarter of said Section 15; thence easterly, along said south line, to the east line of the west half of said Section 15; thence southerly, along said east line, to an intersection with the east right of way margin of 140"' Avenue SE; thence southerly, along said east right of way margin, to the north line of the south 522.00 feet of the northwest quarter of the southeast quarter of said Section 15; thence easterly, along said north line, to the east line of the west 417.50 feet of the northwest quarter of the southeast quarter of said Section 15; I thence southerly, along said east line, to the north line of the southwest quarter of the southeast quarter of Section 15, Township 22 North, Range 5 East, W.M. and the north line of Country Club North, Division 2, as recorded in Volume 184 of Plats, Pages 18 through 20, records of King County and the Kent City Limits as established by Kent Ordinance #3344, as recorded under King County Recording Number 9706250235; thence westerly, leaving said park boundary, along said north line and said city limits, to the north south center of section line of said Section 15; thence continuing westerly along the north line of the south half of the southwest quarter of said Section 15 and said city limits, to the southeast corner of the north half of southeast quarter of Section 16, Township 22 North, Range 5 East, W.M.; t5 thence continuing westerly, along the south line of said north half, to the westerly right of way margin of 132od Avenue SE and the southeast corner of that portion of the Kent City Limits as established by Kent Ordinance #3562; thence northerly, along the west margin of 132"d Avenue SE and said city limits, to the south line of the north half of the north half of the northeast quarter of the southeast quarter of said Section 16; thence westerly, along said south line and said city limits, to the east line of the northwest quarter of the southeast quarter of said Section 16; thence northerly, along said east line and said city limits, to the north line of the southeast quarter of said Section 16; thence westerly, along said north line and said city limits, to the southeast corner of the northwest quarter of said Section 16; thence westerly, along the south line of the southeast quarter of the northwest quarter of said Section 16 and said city limits, to the southwest corner of said subdivision; thence northerly, along the west line of said subdivision and said city limits, to the northeast corner of the south half of the south half of the southwest quarter of the northwest quarter of said Section 16; thence westerly, along the north line of said subdivision and said city limits, to the east line of the northeast quarter of Section 17, Township 22 North, Range 5 East, W.M. and the east line of the Kent City Limits as established by Kent Ordinance # 1940, as recorded under King County Recording Number 7509300621; thence northerly, along the east line of said northeast quarter and said city limits, to the south line of the north half of the north half of the southeast quarter of the northeast quarter of said Section 17; thence westerly, along said south line and said city limits, to the west right of way margin of 116th Avenue SE and the southeast corner of that portion of the Kent City Limits as established by Kent Ordinance # 2828, as recorded under King County Recording Number 8902070337; thence northerly, along said west margin and said city limits, to the north , line of the southeast quarter of the northeast quarter of said Section 17; thence westerly, along said north line and the north line of said city limits and the north line of the Kent City Limits as established'by Kent Ordinance #2048, as recorded under King County Recording Number 7710180759, to the west line of the southeast quarter of the northeast quarter of said Section 17; 6 thence southerly, along the west line of said subdivision and the city limits as established under said Ordinance #2048 and aforesaid Ordinance #1940, to the northwest corner of the northeast quarter of the southeast quarter of ' said Section 17; thence continuing southerly, along the west line of said subdivision and said city limits to south line of the north 30.00 feet of the northwest quarter of the southeast quarter of said Section 17, also being the easterly prolongation of the south right of way margin of SE 232nd Street and the northeast corner of the Kent City Limits as established by Kent Ordinance #2727, as recorded under King County Recording Number 8708120082; thence westerly, along said south line and said city limits, to the east line of the plafiof Park Orchard Division No. 4, as recorded in Volume 68 of plats, pages 58 through 60, records of King County; rthence generally southerly, along the easterly line of said plat and said city limits, to the south line of the northwest quarter of the southeast quarter of said Section 17 and the Kent City Limits as established by Kent Ordinance #1506, as recorded under King County Recording Number 7505060484; thence westerly, along the south line of said plat and said city limits, to the northeast corner of the southeast quarter of the southwest quarter of said Section 17 and the northeast corner of the Kent City Limits as established by Kent Ordinance #1290, as recorded under King County Recording Number 7505060500; thence continuing westerly, along the north line of said subdivision and said city limits, to the southeast corner of the northwest quarter of the southwest quarter of said Section 17 and the southeast corner of the Kent City Limits as established by Kent Ordinance #1223 under King County Auditor's File Number 5668321; ' thence northerly, along the east line of said subdivision and said city limits, to the northeast corner thereof; thence westerly, along the north line of said subdivision, and the east line of the Kent City Limits as established by Kent Ordinance #2111, under King County Recording Number 7809011099, to the northeast corner of the lands described in said Ordinance #2111, also being the westerly right of way ' margin of SR 515 (also known as 104th Ave SE, also known as the Benson Road SE); thence north, along said westerly margin and said city limits, to the southeast corner of the Kent City Limits as established by Kent Ordinance 42703, as recorded under King County Recording Number 8703191033; 7 thence generally northerly, along the west margin of said SR 515 and said city,limits, to the south line of the north half of the northwest quarter of the northwest quarter of said Section 17; thence westerly, along said south line and said city limits, to the east right of way margin of 100th Avenue SE; thence northerly, along said east margin and said city limits and the Kent City Limits as established by Kent Ordinance *3210 as recorded under King County Recording Number 9504190117 and Kent Ordinance #3193 recorded under King County Recording Number 9411230694, to the north line of the southwest quarter of the northwest quarter of the southwest quarter of Section 8, Township 22 North, Range 5 East, W.M.; thence westerly, along said north line and said city limits, to the northeast corner of the southeast quarter of the northeast quarter of the southeast quarter of Section 7, Township 22 North, Range 5 East, W.M.; thence westerly, along the north line of said subdivision and said city limits, to the easterly right of way margin of 98th Avenue South; thence southerly, along said east margin and said city limits, to the southerly right of way margin of South 218th Street; thence westerly, along said southerly margin and said city limits and the Kent City Limits as established by Kent Ordinance #2611, as recorded under King County Recording Number 8606190789, to the southeast corner of the Kent City Limits as established by Kent Ordinance #2860, under King County Recording Number 8908240680, and the southerly prolongation of the west right of way margin of aforesaid 98th Avenue South; thence northerly, along said west margin and its prolongation and said city limits, to the east west center of section line of said Section 7; thence westerly, along said east west center of section line and said city limits, to the southeast corner of the southwest quarter of the northeast quarter of said Section 7 and the east line of the Kent City Limits as established by Kent Ordinance #2035, as recorded under King County Recording Number 7708020744; thence,northerly, along the east line of said subdivision and said city limits, to the northeast corner of said subdivision; thence westerly, along the north line of said southwest quarter of the northeast quarter and said city limits, to the southeasterly right of way margin of South 212th Street;, 8 ' thence southwesterly, along said southeasterly margin and said city limits, to the west line of the east half of the northwest quarter of the northeast quarter of said Section 7 and a point on the Kent City Limits as established by Kent Ordinance #3099, as recorded under King County Recording Number 9305110613; thence northerly, along said west line and said city limps, to the northwesterly right of way margin of said South 212a' Street; thence northeasterly and easterly, along said northwesterly margin, the northwesterly right of way margin of South 212t' Way, the northerly right of way margin of South208th Street and said city limits, to the westerly right of way margin of 100a'Avenue SE; thence northerly, along said westerly margin and said city limits, to the TRUE POINT OF BEGINNING. 9 ' Kent City Council Meeting Date December 8, 2009 Category Other Business - 7B 1. SUBJECT: REGIONAL FIRE PROTECTION SERVICE AUTHORITY 2. SUMMARY STATEMENT: The Regional Fire Authority Planning Committee has completed the Regional Fire Protection Service Authority (RFPSA) Plan. As per RCW 52.26, the Plan now goes forward to the elected officials of both the City 1 of Kent and King County Fire District 37 for approval of the RFPSA Plan. If approved by the elected officials of both Jurisdictions forming the RFPSA, the Plan will then be placed on the ballot, for a vote by the residents of the service area. If approved by the elected officials of both Jurisdictions, the RFPSA Plan will then go to a vote by the residents on April 27, 2010. If approved by the residents, the RFPSA will be created on July 1, 2010. 3. EXHIBITS: RFPSA Plan handed out at the Council Workshop on 11/17/09 (please bring your copy) and PowerPoint presentation notes sheets 4. RECOMMENDED BY: Regional Fire Protection Service Authority Planning Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve the Regional Fire Protection Service Authority Plan and direct staff to work with King County Fire District 37 to develop a ballot title and resolution, that will allow the Plan to go to a vote by the residents on April 27, 2010. rDISCUSSION: ACTION: sz/2/zoos ;7 VA io v ? - • a A 6 � 6 t i • � 9 " ,fit r h`j,u, tdf u . T r _ ♦ ii___t i" Ji 6 lif _. _ " 1 i 12/2/2009 i 1 e • i a � n`e • e`a =-- , -y 1 i Action Xtem For Consideration After Flan Approval i 2 fKent City Council Meeting Date December 8, 2009 ICategory Other Business - 7C 1. SUBJECT: 2009 PROPERTY TAX LEVY FOR 2010 BUDGET ORDINANCES 2. SUMMARY STATEMENT: State law requires two separate ordinances to authorize the City's property tax. State law provides that the limit factor used by a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent of the previous maximum allowed tax levy, or 100 percent, plus inflation. Historically, the City has imposed the 101 percent limit factor each year since it became law. Due to a drop in inflation, the limit factor used to collect property taxes in 2010 could decrease. With already decreasing revenues from sales tax, permit fees, and the lack of development and new construction, reduced property tax revenues would impact the City's decreasing budget revenues resulting in further reductions to City services. Therefore, staff recommends that Council include a finding that a substantial need exists pursuant to RCW 84.55.0101 to 1 maintain a limit factor of 101 percent. In order to authorize the limit factor, Council must adopt the ordinance by a majority vote, plus one. The first ordinance authorizes an increase in the regular property tax to 1% over the previous maximum allowed tax levy. The second ordinance levies the tax for collection in 2010. The estimated levy is $27,649,944 for the General Fund and $600,000 for the Voted Debt Levy, for an estimated total of $28,249,944. The proposed property tax ordinances are being presented at a special meeting of the Operations Committee the same night that they are presented to the full City Council for discussion. 3. EXHIBITS: Ordinances 4. RECOMMENDED BY: Staff 1 (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 to adopt Ordinance Nos. and authorizing an increase in the property tax levy and levying the property for collection in 2010. DISCUSSION: ACTION: i 1 ' ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, making a finding of substantial need and setting the property tax levy in 2009 for collection in 2010 at the previous year's ' tax levy rate with a statutorily allowed one (1) percent increase over last year's tax levy rate pursuant to Chapter 84.55 RCW. 1 RECITALS A. Pursuant to RCW 84.55.120 and after providing all appropriate notice, the City Council held a public hearing on November 17, 2009, to consider the City of Kent's proposed operating and capital budget for the ' 2010 calendar year, to address the City's property tax levy to be imposed in 2009 for collection in 2010, and to review revenues and limit factors, as well as the proposed 2010 budget. ' B. In accordance with RCW 84.55.120, any increase in property tax revenue other than that resulting from the addition of new construction and i improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy, requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage. C. RCW 84.55.010 provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor multiplied by the highest levy of the most recent three years, plus additional amounts resulting from 1 Tax Levy Adjustment Authorized (1%) - 2010 Budget 1 new construction and improvements to property, newly constructed wind r turbines, and any increase in the value of state-assessed utility property. ' Under RCW 84.55.005(2)(c), the limit factor for a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent or 100 percent plus inflation. D. Pursuant to RCW 84.55.0101, upon a finding of substantial need, the City Council may provide for the use of a limit factor of 101 percent or less. The ordinance setting forth the finding of substantial need and setting the limit factor of 101 percent or less must be passed by a majority of the council members, plus one. 1 E. The City has seen major reductions in sales tax, real estate excise taxes, building permits, charges for services, and interest revenues during 2009. The City has responded with service level reductions and a 3.2% reduction in the City's workforce, which equates to a reduction of 54 positions. Due to the negative inflation rate, in the event a substantial need is , not declared for property taxes collected during 2010, the City will realize a decrease in the amount of property taxes collected in 2010 compared with , 2009, and will be required to further eliminate City services. In the event the City Council does find a substantial need, the $270,868 increase generated by the 1% allowable increase in the City's property tax levy will permit the City to retain some significant programs, which otherwise will have to be eliminated. F. The City Council finds that in order to protect the public health, , safety, and welfare, to protect the City's future property tax levy capacity, to adequately serve the citizens of Kent by maintaining an appropriate level of ' service throughout the City, to appropriately discharge the City's expected expenses and obligations, and to best serve the citizens of Kent through a , continued commitment to capital improvements throughout the City, a substantial need exists to increase its tax levy over last year. ' 2 Tax Levy Adjustment Authorized (1%) - 2010 Budget r i 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ' WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Recitals Incorporated. The foregoing recitals are incorporated into this ordinance. SECTION 2. — Finding of Substantial Need. The Kent City Council finds that a substantial need exists under RCW 84.55.0101, and therefore authorizes the use of a limit factor of 101 percent for the property tax levied in 2009 for collection in 2010. SECTION 3. - Property Tax Levy Authorized. In addition to the increase resulting from new construction and improvements to property, from annexations, from any increase in the value of state-assessed property, and from the refund fund levy, the property tax levied in 2009 for collection in 2010 is authorized at the previous year's property tax levy, plus a one (1) percent increase, representing an increase of $270,868. ' SECTION 4. - Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance ' and the same shall remain in full force and effect. SECTION S. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are ' authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, ' codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 3 Tax Levy Adjustment Authorized (1%) - 2010 Budget i SECTION 6. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as , provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2009. ' APPROVED: day of December, 2009. ' PUBLISHED: day of December, 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\TaaLevyIncreaseEstabhshed-2010 doc 4 Tax Levy Adjustment Authorized (1%) - 2010 Budget ' ORDINANCE NO. AN ORDINANCE of the City Council of the 1 City of Kent, Washington, levying 2009 property taxes for the 2010 budget for the City of Kent. a RECITALS ' A. Pursuant to RCW 84.55.120 and after providing all appropriate notice, the City Council held a public hearing on November 17, 2009, to consider the City of Kent's proposed operating and capital budget for the 2010 calendar year, to address the City's property tax levy to be imposed in 2009 for collection in 2010, and to review revenues and limit factors, as well as the proposed 2010 budget. B. In accordance with RCW 84.55.120, any increase in property tax 1 revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy, requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage. C. By separate ordinance, the City Council has found that a ' substantial need exists to justify the use of a limit factor of 101 percent, which establishes a one (1) percent increase in property tax revenue to be ' levied in 2009 and collected in year 2010. 1 D. Pursuant to RCW 84.52.010 and WAC 458-12-365, taxes shall be levied in specific dollar amounts. 1 Property Tax Levied (1%) 2010 Budget r NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Recitals Incorporated. The foregoing recitals are incorporated into this ordinance. SECTION 2. — Property Tax Levied. There is hereby levied against the assessed value of the property in the City of Kent, Washington, a tax for the City's 2010 budget in the following amount for the following fund: For the General Fund, for the purpose of paying the general expenses of municipal government: Levy per $1,000 of assessed valuation Fund (estimated) Dollar Amount General Fund $2.358$2.355 $27� 27,615,884 SECTION 3. - Limitation on Levv. The application of the General Fund levy shall be consistent with and shall not result in a tax revenue in excess of the limitation imposed by RCWs 84.55.010 and 84.55.0101. SECTION 4. - Adjustments. City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120. SECTION 5. - Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are 2 Property Tax Levied (1%) 2010 Budget ' authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection ' numbering. SECTION 7. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2009. APPROVED: day of December, 2009. PUBLISHED: day of December, 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\Qvd\0rdinance\TaxLevied-2010 doc ' 3 Property Tax Levied (1%) 2010 Budget ' Kent City Council Meeting Date December 8, 2009 ' Category Other Business - 7D ' 1. SUBJECT: 2010 OPERATING BUDGET ORDINANCE ' 2. SUMMARY STATEMENT: This ordinance adopts the City's 2010 Budget. The budget to be adopted is summarized in Exhibit A and includes the Preliminary Budget document with amendments shown in Exhibit B, all of which combined ' forms the proposed Final Budget. The proposed ordinance adopting the 2010 budget is being presented at a special meeting of the Operations Committee the same night that they are presented to the full City Council for discussion. 3. EXHIBITS: Ordinance; Memo from Finance Director; Exhibit A Budget Summary; and Exhibit B Amendments to Preliminary Budget Document ' 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: Councilmember moves, Councilmember seconds to adopt Ordinance No. , authorizing the adoption of the 2010 Budget. DISCUSSION: ' ACTION: FINANCE R J Nachlinger, Director ' Phone 253-856-5260 K E N T Fax 253-856-6255 w A s N c T o N Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: December 8, 2009 ' TO: Kent City Council Operations Committee FROM: R J Nachlinger, Finance Director THROUGH John Hodgson, Chief Administrative Officer ' SUBJECT: 2010 Budget Adoption Ordinance MOTION I move to recommend adoption of an ordinance adopting the 2010 budget. ' SUMMARY: This ordinance adopts the 2010 budget. The budget to be adopted is summarized in Exhibit A It includes the Preliminary Budget document as amended by Exhibit B, which includes all adjustments made to the Preliminary Budget since its ' original publication and amends the authorized Employee Full-Time Equivalent count as presented at the December 2, 2009 workshop BUDGET IMPACT: 2010 Budget BACKGROUND: Council has held two public hearings and three workshops on the 2010 budget. All amendments in Exhibit B have been reviewed by the Operations Committee Adjustments related to the actual property tax levy will be incorporated as soon as we receive final numbers from King County Kent Council Operations Committee 2009 Budget Adopted ORDINANCE NO. ' AN ORDINANCE of the City Council of the City of Kent, Washington, relating to budgets and finance and adopting the final 2010 fiscal year budget. RECITALS ' A. The tax estimates and preliminary budget for the City of Kent, Washington, for the 2010 fiscal year have been prepared and filed as tprovided by law, and the budget has been printed and distributed. ' B. Notice has been published in the official paper of the City of Kent setting the time and place for hearing and that notice stated that all ' taxpayers calling at the Office of the City Clerk would be furnished a copy of the 2010 budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ' WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE ' SECTION 1. - Budget Adoption. Pursuant to RCW 35A.33.075, the ' budget for the 2010 fiscal year, as summarized in the attached Exhibit "A" and as set forth in the 2010 Preliminary Comprehensive Budget, which is ' amended by the attached Exhibit "B," all of which are incorporated into this ordinance by this reference, is hereby adopted in the amounts and for the ' 1 2010 Budget Adoption purposes established in that budget as the final budget for the City's 2010 fiscal year. ' SECTION 2. - Transmittal. The finance director shall transmit a complete copy of the final adopted budget to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. , SECTION 3. - Adjustments. City administration shall administer the ' Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120. ' SECTION 4. - Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. , SECTION S. — Corrections by City Clerk or Code Reviser. Upon ' approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the ' correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection ' numbering. SECTION 6. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after the date of passage and publication as ' provided by law. SUZETTE COOKE, MAYOR ' ATTEST: ' BRENDA JACOBER, CITY CLERK ' 2 2010 Budget Adoption APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2009. APPROVED: day of December, 2009. PUBLISHED: day of December, 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 10vd\Ordinance\BudgetAdoption-2010 dot 3 2010 Budget Adoption 2010 Budget Ordinance Exhibit A Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTAL FUNDS GENERAL FUND 80,019,370 80,019,370 6,482,303 6,482,303 SPECIAL REVENUE FUNDS Street 5,488,514 5,521,727 (33,213) 110,665 77,452 LEOFF 1 Retiree Benefits 917,961 906,893 11,068 577,374 588,442 Lodging Tax Fund 162,100 159,000 3,100 238,663 241,763 Youth/Teen Programs 965,021 915,652 49,369 210,548 259,917 Capital Improvement 8,577,480 8,315,698 261,782 (261,782) ' Criminal Justice 3,018,125 3,538,584 (520,459) 989,320 468,861 Environmental Mitigation 170,892 170 892 Community Block Grant 787,000 787,000 Other Operating Projects 1,080,437 1,085,036 (4,599) 225,591 220,992 Kent Events Center Operating Fund 700,000 700,000 (790,034) (790,034) DEBT SERVICE FUNDS Voted LTGO Debt 8,880,352 8,880,352 Special Assessment 3,988,894 4,177,837 (188,943) 1,833,203 1,644,260 CAPITAL PROJECTS FUNDS Street Projects 800,000 800,000 Parks Projects 335,000 335,000 Other Capital Projects 172,000 172,000 Technology Projects 650,000 650,000 Facilities Projects 100,000 100,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 16,048,202 15,942,565 105,637 2,060,866 2,166,503 Sewerage 32,712,362 35,608,948 (2,896,586) 4,599,798 1,703,212 Golf Complex 3,482,234 3,121,923 360,311 (1,422,458) (1,062,147) INTERNAL SERVICE FUNDS Equipment Rental&Fire Equipment 3,630,683 3,664,580 (33,897) 1,745,911 1,712,014 Central Services 4,842,772 4,916,246 (73,474) 288 513 215,039 Facilities Fund 4,866,828 5,299,216 (432,388) 475,284 42,896 Insurance 16,298,149 16,193,719 104,430 3,317,615 3,422,045 TOTAL GROSS BUDGET 198,694,376 201,982,238 (3,287,862) 20,681,380 17,393,518 LESS Internal Service Funds 28,886,529 28 886,529 Other Transfers 14,787,333 14,787,333 TOTAL BUDGET 155,020,514 158,308,376 (3,287,862) 20,681,380 17,393,518 Internal Service Adjustments (726,903) (726,903) Use of Fund Balance 3,287,862 Total Program Budget 157,581,473 157,581,473 12/3/2009 i CITY OF KENT,WASHINGTON 2010 Budget Ordinance Exhibit B Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTALFUNDS GENERAL FUND 80,270,282 80,270,282 6,482,303 6,482,303 Redistribution of Departmental/Program Cuts Parks Program Reductions (427,450) (235,449) (192,001) (192,001) Reduce Facilities Fund Allocation Resource Center (111,426) 111,426 111,426 Other Facility Fund Savings (56,377) 56,377 56,377 Property Insurance Increase Cost Allocation 2,340 (2,340) (2,340) Increase transfer from Youth/Teen 26,538 26,538 26,538 Sale of Land - Public Works 150,000 150,000 Total General Fund 80,019,370 80,019,370 6,482,303 6,482,303 SPECIAL REVENUE FUNDS Street 5,488,514 5,521,727 (33,213) 110,665 77,452 Public Safety Retiree Health 917,961 906,893 11,068 577,374 588,442 Lodging Tax Fund 162,100 159,000 3,100 238,663 241,763 Youth/Teen Programs 965,021 889,114 75,907 210,548 286,455 Increased transfer to General Fund For Youth/Teen programs 26,538 (26,538) (26,538) Total Youth/Teen Programs 965,021 915,652 49,369 210,548 259,917 Capital Improvement Fund 8,577,480 8,315,698 261,782 (261,782) Criminal Justice 3,018,125 3,538,584 (520,459) 989,320 468,861 Environmental Mitigation 170,892 170,892 Community Block Grant 787,000 787,000 Other Operating Projects 1,080,437 1,085,036 (4,599) 225,591 220,992 Kent Events Center Operating Fund 700,000 700,000 (790,034) (790,034) DEBT SERVICE FUNDS Voted LTGO Bonds 8,880,352 8,880,352 Special Assessment 3,988,894 4,177,837 (188,943) 1,833,203 1,644,260 CAPITAL PROJECTS FUNDS Street Projects 800,000 800,000 Parks Projects 335,000 335,000 Other Capital Projects 172,000 172,000 Technology Projects 650,000 650,000 Facilities Projects 100,000 100,000 12/3/2009 CITY OF KENT,WASHINGTON 2010 Budget Ordinance Exhibit B Inc (Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance PROPRIETARY FUNDS ENTERPRISE FUNDS Water 16,048,202 15,935,441 112,761 2,060,866 2,173,627 Property Insurance Increase Cost Allocation 7,124 (7,124) (7,124) Total Water Fund 16,048,202 15,942,565 105,637 2,060,866 2,166,503 Sewerage 32,712,362 35,608,948 (2,896,586) 4,599 798 1,703,212 Property Insurance Increase Cost Allocation 260 (260) (260) Reduce Facilities Fund Allocation (260) 260 260 Total Sewerage Fund 32,712,362 35,608,948 (2,896,586) 4,599,798 1,703,212 Golf Complex 3,482,234 3,121,249 360,985 (1,422,458) (1,061,473) Property Insurance Increase Cost Allocation 2,122 (2,122) (2,122) Reduce Facilities Fund Allocation (1,448) 1,448 1,448 Total Golf Complex 3,482,234 3,121,923 360,311 (1,422,458) (1,062,147) INTERNAL SERVICE FUNDS Equipment Rental 3,630,683 3,664,580 (33,897) 1,745,911 1,712,014 Central Services 4,831,772 4,907,249 (75,477) 288,513 213,036 Increase Cost Allocation to General Fund 11,000 11,000 11,000 Reallocation of Departmental Reductions 11,000 (11,000) (11,000) Reduce Facilities Fund Allocation (2,003) 2,003 2003 Total Central Services Fund 4,842,772 4,916,246 (73,474) 288,513 215:039 Facilities Fund 5,048,342 5,487,846 (439,504) 475,284 35,780 Redistribution of Departmental/Program Cuts (8,794) 8 794 8794 Property Insurance Increase Cost Allocation 56,154 (56,154) (56:154) Reduce Facilities Fund Allocation (181,514) (181 514) (181,514) Energy Savings-Reduced Gas & Electric (55,990) 55 990 55,990 Reduce Project Budget Roof Repairs (Lifecycle) (180,000) 180,000 180,000 Total Facility Fund 4,866,828 5,299,216 (432,388) 475,284 42,896 Insurance 16,230,149 16,125,719 104,430 3,317,615 3,422,045 Increase Cost Allocation 68,000 68,000 68,000 Property Insurance Increase 68,000 (68,000) (68,000) Total Insurance Funds 16,298,149 16,193,719 104,430 3,317,615 3,422,045 TOTAL GROSS BUDGET 198,694,376 201,982,238 (3,287,862) 20,681,380 17,393,518 LESS Internal Service Funds 28,886,529 28,886,529 Other Transfers 14,787,333 14,787,333 TOTAL BUDGET 155,020,514 158,308,376 (3,287,862) 20,681,380 17,393,518 Internal Service Adjustments (726,903) (726,903) , Use of Fund Balance 3,287,862 Total Program Budget 157,581,473 157,581,473 12/3/2009 Kent City Council Meeting Date December 8, 2009 Category Other Business - 7E 1. SUBJECT: COMPREHENSIVE PLAN/CAPITAL FACILITIES ELEMENT AMENDMENT AND UPDATE TO KENT CITY CODE CHAPTER 12.13 ORDINANCES 2. SUMMARY STATEMENT: The first proposed ordinance amends the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts. The second proposed ordinance amends the school impact fee schedule contained in section 12.13.160 of the Kent City code to reflect changes in the Kent, Federal Way, and Auburn School Districts' Capital Facilities Plans. The proposed ordinance are being presented at a special meeting of the Operations Committee the same night that they are presented to the full City Council for discussion. 3. EXHIBITS: Ordinances and their referenced exhibits 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No. , amending the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts; and to adopt Ordinance No. , amending the school impact fees established in Section 12.13.160 of the Kent City Code to reflect changes in the Kent, Federal Way, and Auburn School Districts' Capital Facilities Plans. DISCUSSION: ACTION: A 5 ORDINANCE NO. ■ AN ORDINANCE of the City Council of the r City of Kent, Washington, amending the Kent Comprehensive Plan and its Capital Facilities Element to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts (CPA-2009-2). RECITALS A. The State of Washington Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and the plans from other jurisdictions. B. To assure that comprehensive plans remain relevant and up to date, the GMA allows amendments to the capital facilities element of comprehensive plans concurrently with the adoption or amendment of a city budget (RCW 36.70A.130(2)(a)(m)). C. The City of Kent has established procedures for amending the Comprehensive Plan in Chapter 12.02 of the Kent City Code, allowing amendment of the Capital Facilities Element of the Comprehensive Plan concurrently with the adoption or amendment of the City budget and allowing the City Council to hold the public hearing instead of the Land Use and Planning Board. t 1 Comprehensive Plan Amendment 2009 School Dist. Capital Facilities Plans D. The Kent, Federal Way, and Auburn School Districts have submitted proposed amendments to their Capital Facilities Plans to be included in an amendment of the City's Capital Facilities Element of the Comprehensive Plan. E. After providing appropriate public notice, the City Council of the City of Kent considered the requested Comprehensive Plan amendment and conducted a public hearing on the same on November 17, 2009. F. On October 7, 2009, the City provided the required sixty (60) day notification under RCW 36.70A.106 to the State of Washington of the City's proposed amendment to the Capital Facilities Element of the Comprehensive Plan and the sixty (60) day notice period has lapsed. G. On December 8, 2009, the City Council for the City of Kent approved the Capital Facilities Element amendment CPA-2009-2 to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, as set forth in Exhibit "A" attached and incorporated by this reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. The Kent Comprehensive Plan, and its Capital Facilities Element, are hereby amended to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, as set forth in Exhibit "A" attached and incorporated by this reference (CPA- 2009-2). 2 Comprehensive Plan Amendment 2009 School Dist. Capital Facilities Plans i SECTION 2. - Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. — Corrections by Gty Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4. - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: jTOM BRUBAKER, CITY ATTORNEY 3 Comprehensive Plan Amendment 2009 School Dist. Capital Facilities Plans PASSED: day of December, 2009. APPROVED: day of December, 2009. PUBLISHED: day of December, 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\Civll\Ordinance\CompPlanAmend-SchoolDlstCapital FacllltlesPlans-2009 do" i 4 Comprehensive Plan Amendment 2009 School Dist. Capital Facilities Plans l Auburn School District No. 408 CAPITAL FACILITIES PLAN 2009 through 2015 } i» F � F L_C O k T 1 . y } ; ' M I 3 Adopted by the Auburn School District Board of Directors May 11, 2009 l AUBURN SCHOOL DISTRICT No. 408 915 Fourth Street NE Auburn, Washington 98002 (253) 931-4900 Serving Students in- Unincorporated King County City of Auburn City of Algona City of Kent City of Pacific L BOARD of DIRECTORS Janke Nelson Ray Vefik Carol Helgerson Lisa Conners Craig Schumaker Dennis Kip Herren, Superintendent AUBURN S(' 1001, DISTRICT "Avenue to Excellence" Table of Contents Section I Executive Summary ....................... Page 1 Section II Enrollment Projections......... ...........Page 6 Section III Standard of Service.. . . ................ Page 8 Section IV Inventory of Facilities ......... . ..... Page 15 Section V Pupil Capacity.............................. Page 18 Section VI Capital Construction Plan................ Page 21 Section VII Impact Fees.............. .................. Page 24 Section VIII Appendices.................................. Page 28 Appendix A 1 - Student Enrollment Projections Page 29 Appendix A 2 - Capital Facilities Plan Projections Page 43 Appendix A 3 - Student Generation Survey Page 48 Auburn School District No. 408 Capital Facilities Plan 2009 through 2015 Section I Executive Summary i Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 I. Executive Summary This Six-Year Capital Facilities Plan(the "Plan") has been prepared by the Auburn School District(the "District") as the District's principal planning document, in compliance with the requirements of Washington's Growth Management Act and the adopted ordinances of the counties and cities served by the District This plan was prepared using data available in the spring of 2009 This Plan is consistent with prior long-term capital facilities plans adopted by the District. However, this Plan is not intended to be the sole plan for all of the District's needs. The District may prepare interim and periodic long-range Capital Facilities Plans consistent with Board Policies and actions, taking into account a longer or a shorter time period, other factors and trends in the use of facilities, and other needs of the District as maybe required However, any such plan or plans will be consistent with this Six-Year Capital Facilities Plan. To enable the collection of impact fees in the unincorporated areas of King County and within the City of Auburn and City of Kent, the King County Council, the City of Auburn and the City of Kent will adopt this Plan by reference as part of each jurisdiction's respective comprehensive plan To enable the collection of impact fees in the Cities of Algona and Pacific, these municipalities must also adopt this Plan and adopt school impact fee ordinances. Pursuant to the requirements of the Growth Management Act and the local ordinances, the Plan will be updated on an annual basis, and any changes in the fee schedule(s) adjusted accordingly. The Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for the local program needs of the District The Growth Management Act and the school impact fee ordinance authorize the District to define its standard of service based on the District's specific needs In general, the District's current standard provides that class size for grades K-2 should not exceed 25 students, class size for grades 3-4 should not exceed 27 students, class size for grade 5 should not exceed 30 students When averaged over the six elementary grades, this computes to 26 5 students per classroom. Class size for grades 6-12 should not exceed 30 students, with some subject areas restricted to lesser numbers. (See Section III for more specific information.) 2 The capacity of the schools in the District is calculated based on this standard of service and the existing inventory of facilities including transitional classrooms. The District's 2008-09 capacity was 13,690 whereas Full Time Equivalent("FTE") enrollment for this same period was 14,018.83 (includes Full Day Kindergarten) The actual number of individual students was 14,703 as of October 1, 2008. (See Section V for more specific information.) The capital construction plan shown in Section VI addresses the additions and proposed modernization to the District's existing facilities. This provided for a new high school approved by the voters in February 2003 and opened in September 2005, and the addition of two new elementary schools approved by the voters in February 2005; with Lakeland Hills Elementary opening in the Fall of 2006 and Arthur Jacobsen Elementary opening in the Fall of 2007. The plan includes the construction of a new middle school and a new elementary school, as well as the acquisition of future school sites to accommodate growth The new facilities are required to meet the projected student population increase to be generated from the large development areas within the Auburn School District. Three areas that have significant impact on the school district are the Lakeland South, the Lea Hill, and the north Auburn valley areas of the district There are other pockets of development that impact the District as well. The City of Kent has an area of approximately 158 acres that was sold to developers m 2004 The economic downturn has slowed development in these areas. The district completed a comprehensive review of all district facilities and in October 2008 a Steering Committee made recommendations to the board for capital improvements to existing facilities and replacement of seven schools over the next ten years These recommendations led to a capital improvements levy and a bond issue that was placed on the ballot in March 2009. The School Impact Fee Ordinances adopted by King County, the City of Auburn and the City of Kent provide for the assessment of impact fees to assist in meeting some of the fiscal impact incurred by a District experiencing growth and development. Section VII sets forth the proposed school impact fees for single family and multi-family dwelling units The student generation factors have been generated using the students who actually attend school in the Auburn School District from single family and multi-family developments constructed in the last five years The method of collecting the data is with the use of G1S mapping software, data from King County and Pierce County GIS; and to integrate the mapping with student data from the district's student data system This method gives the District actual student generation numbers for each grade span for identified developments This data is contained in Appendix A.3. 1 1 b 3 Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 EXECUTIVE SUMMARY CAPITAL FACILITIES PLAN CHANGES FROM 2008 TO 2009 Listed below is a summary level outline of the changes from the 20118 Capital Facilities Plan that are a part of the 2009 Plan The changes are noted by Section for ease of reference Section I Executive Summary A Updated to reflect new information within the Plan B. Summary level list of changes from previous year Section 11 Enrollment Projections Updated projections See Appendices A 1 & A 2 Section III Standard of Service s A Increase of 2 early childhood classrooms at elementary level B Increase of 1 second grade TOSA program at elementary level C Reduction of 1 structured learning classroom at middle level D Increase of 2 structured learning classrooms at the high school level Section IV Inventory of Facilities Updated to include portables at Lakeland Hills Elementary for Fall of 2009 Updated to include Special Education Transition Facility for Fall of 2009 r Updated to include portables at Mt Baker Middle School for Fall of 2009 Section V Pupil Capacity Updated to include portables at Lakeland Hills Elementary for Fall of 2009 Updated to include Special Education Transition Facility for Fall of 2009 Updated to include portables at Mt Baker Middle School for Fall of 2009 r 4 Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 EXECUTIVE SUMMARY Section VII Impact Fees CHANGES TO IMPACT FEE DATA ELEMENTS 2008 to 2009 CPF CPF DATA ELEMENTS 2008 2009 EXPLANATION Student Generation Factors Single Family Consistent with King County Ordinance 11621, Elementary 03370 03200 Student Generation Factors are calculated Mid School 01450 01520 by the school district based on district Sr. High 0 1780 01580 records of average actual student generation Multi-Family rates for new developments constructed Elementary 00650 00790 over the last five years Mid School 00290 00340 Sr High 00390 00420 School Construction Costs Elementary $21,750,000 $21,750,000 Middle School $42,500,000 $42,500,000 Site Aquistion Costs Cost per acre $272,387 $286,006 Updated estimates on land costs Area Cost Allowance Boec $168 43 $168 79 Updated to projected SPI schedule Match % -State 59 32% 59 17% Updated to current SPI schedule Match % - District 40 68% 40 83% Computed District Average AV Single Family $290,617 $316,271 Updated from March 2009 King County Dept of Assessments data Multi-Family $78,574 $85,729 Updated from March 2009 King County Dept of Assessments data using weighted average Debt Sery Tax Rate $1 79 $1 67 Current Fiscal Year GO Bond Int Rate 5.11% 4 99% Current Rate (Bond Buyers 20 Index 3-09) Section VIII Appendices Appendix A 1 - Updated enrollment projections from October 1, 2008 Appendix A 2 - Updated enrollment projections with anticipated buildout schedule Appendix A 3 - Student Generation Survey March 2009 f a 5 I Auburn School District No 408 Capital Facilities Plan 2009 through 2015 j Section II Enrollment Projections 1 ' { 4 1 { Aubum School District No 408 CAPITAL FACILITIES PLAN 2009through 2015 ENROLLMENT PROJECTIONS The Auburn School District uses a modified cohort survival model to project future enrollment for all of the District's operations Table II 1 is an extract from the comprehensive projection model found in Appendix A 2 titled "CAPITAL FACILITIES PLAN Enrollment Projections" This Table shows the anticipated enrollment for the next six years based on the previous 6 year history of the District under the assumptions set forth in the comprehensive projections, Appendix A 1, and the projection for additional students generated from new developments in the district as shown in Appendix A 2 TABLE ASD ENROLLMENT 11.1 PROJECTIONS March 2009 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 GRADE Actual Projected Projected Projected Projected Projected Projected KDG 998 1024 1051 1082 1114 1142 1170 1 1015 1057 1084 1116 1149 1177 1205 2 1024 1044 1087 1118 1151 1179 1207 3 1048 1058 1078 1126 1159 1187 1216 4 1044 1092 1102 1128 1176 1205 1233 5 1069 1088 1136 1152 1178 1223 1252 K-5 6198 6364 6538 6722 6926 7114 7283 6 1096 1095 1114 1168 1185 1208 1252 7 1034 1120 1119 1144 1199 1211 1234 8 1076 1065 1152 1157 1182 1233 1246 6-8 3206 3280 3385 3469 3566 3652 3732 9 1256 1368 1361 1458 1469 1495 1549 10 1341 1218 1330 1329 1426 1431 1455 11 1350 1275 1151 1267 1265 1355 1358 12 1352 1326 1 1250 1130 1245 1237 1325 9 12 5299 5187 5092 1 5184 5406 5517 5687 TOTALS 14703 14831 15016 15374 15898 16284 16701 GRADES:K-112Actual Pro ected Pro ected Pro ected Pro ected Pro ected Pro ected K-5 w/K 5699 5851 6013 6181 6369 6543 6698 3206 3280 3385 3469 3566 3652 3732 5299 5187 5092 5184 5406 5517 5687 K-12 w/K 14204 14319 14490 14833 15341 15713 16117 Note The district is currently operating Full Day Kindergarten in nine schools and includes two state funded Full Day Kindergarten at two additional elementary schools 7 i i y Auburn School District No 408 Capital Facilities Plan 2009 through 2015 �I 3 Section III Standard of Service 1 i I i i Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 STANDARD OF SERVICE The School Impact Fee Ordinances adopted by King County, the City of Auburn and the City of Kent indicate that each school district must establish a "Standard of Service"in order to ascertain the overall capacity to house its projected student population The Superintendent of Public Instruction establishes square footage "capacity"guidelines for computing state funding support The fundamental purpose of the SPI guidelines is to provide a vehicle to equitably distribute state matching funds for school construction projects By default these guidelines have been used to benchmark the district's capacity to house its student population The SPI guidelines do not make adequate provision for local district program needs, facility configurations, emerging educational reform, or the dynamics of each student's educational program The Auburn School District Standard of Service addresses those local considerations that require space in excess of the SPI guidelines The effect on the space requirements for both permanent and relocatable facilities is shown below for each grade articulation pattern Conditions that may result in potential space needs are provided for information purposes without accompanying computations OVERVIEW The Auburn School District operates fourteen elementary schools housing 6,198 students in grades K through 5 665 of the 998 Kindergarten students attend 112 days throughout the year Grades 1 through 5, plus 333 kindergartners, attend on a full day basis When converted to a full time equivalence the K-5 enrollment is 5,784 Four middle schools house 3,206 students in grades 6 through 8 The District operates three comprehensive senior high schools and one alternative high school housing 5,299 students in grades 9 through 12 The District opened the fourth high school in the fall of 2005 CLASS SIZE The number of pupils per classroom determines the number of classrooms required to house the student population Class sizes are subject to collective bargaining Changes to class size agreements can have significant impact on available space The current pupil/teacher limit across all elementary programs is an average of 26 5 students per teacher Consistent with this staffing limit, room capacities are set at 26 5 students per room at grades K- 5 At grades 6 - 12 the limit is set at 30 pupils per room The SPI space allocation for each grade articulation level, less the computed reduction for the Auburn School District Standard of Service, determines the District's capacity to house projected pupil populations These reductions are shown below by grade articulation level ELEMENTARY SCHOOLS STRUCTURED LEARNING FOR DEVELOPMENTALLY DISABLED SPECIAL EDUCATION The Auburn School District operates a structured learning program for students with moderate to severe disabilities at the elementary school level which currently uses ten classrooms to provide for 105 students The housing requirements for this program are provided for in the SPI space guidelines No loss of capacity is expected unless population with disabilities grows at a disproportionate rate compared to total elementary population ADAPTIVE BEHAVIOR The Auburn School District operates an adaptive behavior program for students with behavior disabilities at the elementary school level The program uses two classrooms to provide for 20 students The housing requirements for this program exceed the SPI space allocations by two classrooms Loss of Permanent Capacity 2 rooms @ 26 5 each = (53) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (53) 9 Auburn School District No 408 CAPITAL FACILITIES PLAN 2009through 2015 STANDARD OF SERVICE SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the elementary level for special education students requiring Instruction to address their specific disabilities Seventeen standard classrooms are required to house this program The housing requirements for this program exceed the SPI space guidelines by ten standard classrooms The loss of capacity is expected as growth in program is larger than the total elementary population Loss of Permanent Capacity 10 rooms @ 26 5 each = (265) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (265) SNATIVE AMERlCAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the elementary level One standard classroom is fully dedicated to serve these students Loss of Permanent Capacity 1 room @ 26 5 each = (27) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (27) HEAD START The Auburn School District operates a Head Start program for approximately 120 youngsters in six sections of 1/2 day in length The program is housed at three elementary schools and utilizes three standard elementary classrooms and auxiliary office spaces The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 3 rooms @ 26 5 each = (80) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (80) EARLY CHILDHOOD SPECIAL EDUCATION The Auburn School District operates a pre-school program for young children with disabilities below age five This program is housed at eight different elementary schools and currently uses eleven standard classrooms The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 11 rooms @ 26 5 each = (292) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (292) READING LABS I The Auburn School District operates a program for students needing remediation and additional language arts instruction These programs utilize non-standard classroom spaces if available in each elementary school Four elementary schools do not have non-standard rooms available, thus they are housed in a standard classroom The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 4 rooms @ 26 5 each = (106) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (106) 10 Auburn School District No 408 CAPITAL FACILITIES PLAN 2009through 2015 STANDARD OF SERVICE MUSIC ROOMS The district elementary music programs require one acoustically modified classroom at each elementary school for music instruction The housing requirements are not provided for in the SPI space guidelines Loss of Permanent Capacity 14 rooms @ 26 5 each = (371) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (371) ENGLISH AS A SECOND LANGUAGE PROGRAM The Auburn School District operates a pullout program at the elementary school level for students learning English as a second language This program requires fourteen standard classrooms that are not provided for in the SPI space guidelines Loss of Permanent Capacity 14 rooms @ 26 5 each = (371) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (371) SECOND GRADE TOSA PROGRAM The Auburn School District provides a TOSA reading specialist program for eight highly impacted elementary schools This pullout model provides direct instruction to students who are not at grade level and do not receive other services This program requires eight standard classrooms that are not provided for In the SPI space guidelines Loss of Permanent Capacity 8 rooms @ 26 5 each = (212) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (212) ELEMENTARY LEARNING SPECIALIST PROGRAM The Auburn School District provides a learning specialist program to increase literacy skills for first and second graders This program model has been created from the 1-728 funds and currently has the specialist going into existing teacher classrooms, as well as pulling out students into designated classrooms The district is utilizing classrooms at all fourteen elementary schools Loss of Permanent Capacity 14 rooms @ 26 5 each = (371) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (371) FULL DAY KINDERGARTEN The Auburn School District provides Full-Day Kindergarten programs to increase academic skills for kindergarten students This program model has been created from tuition, 1-728 funds and currently has two schools receiving state funding for 2008-09 school year The district Is utilizing fourteen classrooms at nine of the fourteen elementary schools Housing requirements exceed the OSPI space guidelines for this program by seven classrooms Loss of Permanent Capacity 7 rooms @ 26 5 each = (186) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (186) i 11 Aubum School District No 408 CAPITAL FACILITIES PLAN 2009through 2015 STANDARD OF SERVICE MIDDLE SCHOOLS SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program for each grade at the middle school level This is to accommodate special education students needing remedial Instruction to address their specific disabilities Nine classrooms are required at the middle school level to provide for approximately 300 students The housing requirements for this program are not entirely provided for in the SPI space guidelines ADAPTIVE BEHAVIOR SPECIAL EDUCATION The Auburn School District offers a self-contained program for students with moderate to severe behavior diabilities The program is housed at one of the middle schools and uses one classroom The housing requirements for this program are not provided form the SPI space allocations STRUCTURED LEARNING CENTER AND DEVELOPMENTALLY DISABLED SPECIAL EDUCATION The Auburn School District operates four structured learning classrooms at the middle school level for students with moderate to severe disabilities and one developmentally disabled classroom for students with profound disabilities Two of the four classrooms for this program are provided for in the SPI space allocations Loss of Permanent Capacity 2 rooms @ 26 5 each = (53) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (53) MIDDLE SCHOOL COMPUTER LABS The Auburn School District operates a minimum of one computer lab at each middle school This program utilizes a standard classroom per middle school The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 4 rooms @ 30 each = (120) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (120) ENGLISH AS A SECOND LANGUAGE The Auburn School District operates a pullout program at the middle school level for students learning English as a second language This program requires four standard classrooms that are not provided for in the SPI space guidelines Loss of Permanent Capacity 4 rooms @ 30 each = (120) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (120) ROOM UTILIZATION The Auburn School District provides a comprehensive middle school program that includes elective options in special interest areas Facilities to accommodate special interest activities are not amenable to standard classroom usage The district averages 95% utilization of all available teaching stations SPI Report#3 dated 11/14/08 identifies 148 teaching stations available in the mid-level facilities The utilization pattern results in a loss of approximately 8 teaching stations Loss of Permanent Capacity 8 rooms @ 30 each = (240) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (240) i 12 Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 STANDARD OF SERVICE SENIOR HIGH SCHOOLS SENIOR HIGH COMPUTER LABS The Auburn School District operates two computer labs at each of the senior high schools This program utilizes two standard classrooms at comprehensive high schools and one at West Auburn The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 7 rooms @ 30 each = (210) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (210) ENGLISH AS A SECOND LANGUAGE The Auburn School District operates a pullout program at three comprehensive high schools for students learning English as a second language This program requires three standard classrooms that are not provided for in the SPI space guidelines Loss of Permanent Capacity 3 rooms @ 30 each = (90) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (90) STRUCTURED LEARNING CENTER PROGRAM The Auburn School District operates six structured learning center classrooms for 53 students with moderate to severe disabilities This program requires two standard classrooms that are not provided for in the SPI space guidelines Loss of Permanent Capacity 2 rooms @ 30 each = (60) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (60) TRANSITION PROGRAM FOR 18-21 YEAR OLD The Auburn School District operates a transition program for 18-21 year old students with moderate to severe disabilities Two classrooms are utilized for this program that connects students to the community and work The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 2 rooms @ 30 each = (60) j Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (60) SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the senior high level for special education students requiring instruction to address their specific learning disabilities The current senior high school program requires eleven classrooms to provide for approximately 370 students The SPI space guidelines provide for one of the eleven teaching stations Loss of Permanent Capacity 10 rooms @ 30 each = (300) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (300) 13 Auburn School District No 40B CAPITAL FACILITIES PLAN 2009 through 2015 STANDARD OF SERVICE PERFORMING ARTS CENTERS Auburn High School Includes 25,000 square feet used exclusively for a Performing Arts Center The SPI Inventory includes this space when computing unhoused student capacity This space was not intended for nor is it usable for classroom instruction It was constructed to provide a comriunity center for the performing arts Using SPI capacity guidelines, 25,000 square feet computes to 208 unhoused students or 8 33 classrooms Loss of Permanent Capacity 8 33 rooms @ 30 each = (250) ROOM UTILIZATION The Auburn School District provides a comprehensive high school program that includes numerous elective options in special interest areas Facilities to accommodate special interest activities are not amenable to standard classroom usage The district averages 95% utilization of all available teaching stations SPI Report#3 dated 11/14/08 identifies 148 teaching stations available in the senior high facilities The utilization pattern results in a loss of approximately 10 teaching stations. Loss of Permanent Capacity 10 rooms @ 30 each = (300) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (300) STANDARD OF SERVICE COMPUTED TOTALS ELEMENTARY Loss of Permanent Capacity= (2,332) Loss of Temporary Capacity 0 Total Capacity Loss (2,332) MIDDLE SCHOOL Loss of Permanent Capacity= (533) Loss of Temporary Capacity 0 Total Capacity Loss (533) SENIOR HIGH Loss of Permanent Capacity = (1,270) Loss of Temporary Capacity 0 Total Capacity Loss (1,270) TOTAL Loss of Permanent Capacity= (4,135) Loss of Temporary Capacity 0 Total Capacity Loss (4,135) t 14 t Auburn School District No 408 Capital Facilities Plan 2009 through 2015 Section IV - Inventory of Facilities Auburn School District No 408 CAPITAL FACILITIES PLAN 2009through 2015 INVENTORY OF FACILITIES Table IV.1 shows the current inventory of permanent district facilities and their OSPI rated capacities. Table IV.2 shows the number and location of each portable unit by school The district uses relocatable facilities to. I provide interim housing in school attendance areas uniquely impacted by increasing school populations that would otherwise require continual redistricting 2. make space available for changing program requirements and offerings determined by unique student needs, and 3 provide housing to cover district needs until permanent facilities can be financed and constructed. Relocatable facilities are deemed to be interim, stop gap measures that often place undesirable stress on existing physical plants Core facilities (i e gymnasiums, restrooms, kitchens, labs, lockers, libraries, etc ) are not of sufficient size or quantity to handle the increased school population served by adding relocatable classrooms Table Permanent Facilities District School Faculties IV I C OSPI Rated Capacity (November 2008) Building Capacity Acres Address Elementary Schools Washington Elementary 492 540 20 E Street Northeast,Auburn WA,98002 Terminal Park Elementary 401 670 1101 D Street Southeast, Auburn WA,98002 Dick Scobee Elementary 550 1050 1031 14th Street Northeast, Auburn WA,98002 Pioneer Elementary 415 830 2301 M Street Southeast,Auburn WA,98002 Chinook Elementary 485 875 3502 Auburn Way South,Auburn WA,98092 Lea Hill Elementary 459 1000 30908 124th Avenue Southeast,Auburn WA,98092 Gildo Rey Elementary 531 1000 1005 37th Street Southeast,Auburn WA, 98002 Evergreen Heights Elem 456 809 5602 South 316th,Auburn WA,98001 AI ac Elementary 494 1060 310 Milwaukee Boulevard North,Pacific WA,98047 Lake View Elementary 595 1640 16401 Southeast 318th Street,Auburn WA,98092 Hazelwood Elementary 578 1267 11815 Southeast 304th Street, Aubum WA,98092 Ilalko Elementary 585 1200 301 Oravetz Place Southeast,Auburn WA,98092 Lakeland Hills Elementary 594 1200 1020 Evergreen Way SE, Auburn WA,98092 Arthur Jacobsen Elementary 614 1000 29205 132n, Street SE,Auburn,WA 98092 ELEM CAPACITY 7249 Middle Schools Cascade Middle School 836 1730 1015 24th Street Northeast, Auburn WA,98002 -Olympic Middle School 898 1740 1825 K Street Southeast,Auburn WA,98002 Rainier Middle School 849 2633 30620 116th Avenue Southeast,Auburn WA,98092 Mt Baker Middle School 845 3088 620 37th Street Southeast, Auburn WA,98002 MS CAPACITY 3,428 Senior Hi h Schools West Auburn High School 231 5 10 401 West Main Street, Auburn WA.98001 -Auburn Senior High 2,261 1860 800 Fourth Street Northeast,Auburn WA.98002 -Auburn Riverside HS 1,388 3300 501 Oravetz Road,Auburn WA,98092 Auburn Mountamview HS 1,431 4000 28900 124`h Ave SE,Auburn, WA 98092 SH CAPACITY 5,311 TOTAL CAPACTI Y 16,025 16 Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 INVENTORY OF FACILITIES TABLE I TEMPORARYIRELOCATABLE IV.2 FACILITIES INVENTORY (March 2009) Elementary Location 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 Washington 0 0 0 0 0 0 0 Terminal Park 2 2 2 2 2 2 2 Dick Scobee 3 3 3 3 3 3 3 Pioneer 3 3 3 3 3 3 3 Chinook 5 5 5 5 5 5 5 Lea Hill 5 5 5 2 2 2 2 Gildo Rey 6 6 6 6 6 6 6 Evergreen Heights 0 0 2 2 2 2 2 Alpac 2 2 2 2 2 2 2 Lake View 2 2 2 2 2 2 2 Hazelwood 0 0 0 0 0 0 0 Ilalko 2 2 2 2 2 2 2 Lakeland Hills Elementary 0 2 2 4 4 4 4 Arthur Jacobsen Elementary 0 0 0 0 0 0 0 TOTAL UNITS 30 32 34 33 33 33 33 TOTAL CAPACITY 795 848 901 875 875 875 875 Middle School Location 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 Cascade 0 0 0 2 2 2 2 Olympic 0 0 0 0 2 2 2 Rainier 5 5 5 8 8 8 8 Mt Baker 6 8 8 8 8 8 8 TOTAL UNITS 11 13 13 18 20 20 20 TOTAL CAPACITY 330 390 390 540 1 600 1 600 J 600 Sr High School Location 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 West Auburn 0 0 0 1 1 1 1 Auburn 12 12 12 12 12 12 12 Auburn Riverside 13 13 13 13 13 13 13 Auburn Mountainview 0 0 0 0 0 0 0 TOTAL UNITS 25 25 25 26 26 26 26 TOTAL CAPACITY 750 750 750 780 780 1 780 1 780 COMBINED TOTAL UNITS 66 70 72 77 79 79 79 COMBINED TOTAL CAPACITY 1,875 1,988 2,041 2,195 2,255 2,255 2,255 i 17 Auburn School District No 408 Capital Facilities Plan 2009 through 2015 Section V Pupil Capacity a Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 PUPIL CAPACITY While the Auburn School District uses the SPI Inventory of permanent facilities as the data from which to determine space needs, the District's educational program requires more space than that provided for under the formula This additional square footage is converted to numbers of pupils in Section III, Standard of Service The District's capacity is adjusted to reflect the need for additional space to house its programs Changes in the capacity of the district recognize new unfunded facilities The combined effect of these adjustments is shown on Line B in Tables V 1 and V 2 below Table V 1 shows the Distict's capacity with relocatable units included and Table V 2 without these units Table V 1 Capacity WITH relocatables 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 A SPI Capacity 15,950 15,950 15,950 15,950 15,950 16,750 16,750 A 1 SPI Capacity-New Elem 585 1/ A 2 SPI Capacity- New MS 800 B Capacity Adjustments (2,260) (2,147 2,094 (1,940) (1,880) (1,880) (1,880 C Net Capacity 13,690 13,803 13,856 14,010 14,870 14,870 15,455 D ASD Enrollment 14,703 14,319 14,490 14,833 15,341 15,713 16,117 _ ASD Sur lus/Deficit 1 013 516 634 823) (471) (843) (662) 3/ E S p ( ) ( ) ( ) ( CAPACITY ADJUSTMENTS Include Relocatable 1,875 1,988 2,041 2,195 2,255 2,255 2,255 2/ Exclude SOS (pg 14) (4,135 4,135 4,135 4,135 (4,135) 4,135) 4,135 Total Adjustments (2,260) (2,147) (2,094) (1,940) (1,880) (1,880) (1,880) Table V.2 Capacity WITHOUT relocatables 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 A SPI Capacity 15,950 15,950 15,950 15,950 15,950 16,750 16,750 A 1 SPI Capacity-New Elem 585 1/ A 2 SPI Capacity- New MS 800 B Capacity Adjustments 4,135 4,135) 4,135 4,135 4,135 4,135 4,135) C Net Capacity 11,815 11,815 11,815 11,815 12,615 12,615 13,200 D ASD Enrollment 14,703 14,319 14,490 14,833 15,341 15,713 16,117 3/ E ASD Surplus/Deficit (2,888) (2,504) (2,675) (3,018) (2,726) (3,098) (2,917) CAPACITY ADJUSTMENTS 2/ Exclude SOS pg 14 4,135 4,135) 4,135 4,135 4,135) 4,135 4,135 Total Adjustments (4,135) (4,135) (4,135) (4,135) (4,135) (4,135) (4,135) 1/ New facilities shown in 2012-13 and 2014-15 are not funded under the current Capital Facilities Plan 2/ The Standard of Service represents 25 38%of SPI capacity When new facilities are added the Standard of Service computations are decreased to 23 35% of SPI capacity 3/ Students beyond the capacity are accomodated in other spaces(commons, library, theater, shared teaching space) 19 Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 PERMANENT FACILITIES PUPIL CAPACITY @ SPI Rated Capacity (March 2009) A Elementary Schools Building 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 Washington 492 492 492 492 492 492 492 1 Terminal Park 401 401 401 401 401 401 401 Dick Scobee 550 550 550 550 550 550 550 Pioneer 415 415 415 415 415 415 415 Chinook 485 485 485 485 485 485 485 Lea Hill 459 459 459 459 459 459 459 Gildo Rey 531 531 531 531 531 531 531 Ever Heights 456 456 456 456 456 456 456 Alpac 494 494 494 494 494 494 494 Lake View 595 595 595 595 595 595 595 Hazelwood 578 578 578 578 578 578 578 llalko 585 585 585 585 585 585 585 Lakeland Hills 585 585 585 585 585 585 585 Arthur Jacobsen 585 585 585 585 585 585 585 1 Elementary#15 585 ELEM CAPACITY 7,211 7,211 7,211 7,211 7,211 7,211 7,796 B Middle Schools Building 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 Cascade 836 836 836 836 836 836 836 Olympic 898 898 898 898 898 898 898 Rainier 849 849 849 849 849 849 849 Mt Baker 845 845 845 845 845 845 845 Middle School#5 0 0 0 0 800 800 800 MS CAPACITY 3,428 3,428 3,428 3,428 4,228 4,228 4,228 C Senior High Schools Building 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 West Auburn 231 231 231 231 231 231 231 Auburn 2,261 2,261 2,261 2,261 2,261 2,261 2,261 Auburn Riverside 1,388 1,388 1,388 1,388 1,388 1,388 1,388 Auburn Mountainview 1,431 1,431 1,431 1,431 1,431 1,431 1,431 SH CAPACITY 5,311 5,311 5,311 5,311 5,311 5,311 5,311 COMBINED CAPACITY 1 15,950 1 15,950 1 15,950 1 15,950 1 16,750 1 16,750 117,335 1 I t 1 20 i' I 1 1 IAuburn School District No 408 Capital Facilities Plan 2009 through 2015 Section VI Capital Construction Plan 1 Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 , CAPITAL CONSTRUCTION PLAN The formal process used by the Board to address current and future facility needs began in 1974 with the formation of a community wide citizens committee The result of this committee's work was published in the document titled 'Guidelines for Development' In 1985 the Board formed a second Ad Hoc citizens committee to pick up from the work of the first and address the needs of the District for subsequent years The work of this committee was published in the document titled 'Directions for the Nineties ' In 1995 the Board commissioned a third Ad Hoc citizens committee to make recommendations for improvements to the District's programs and physical facilities. The committee recommendations are published in the document titled 'Education Into The Twenty-First Century- -A Community Involved ' The 1995 Ad Hoc committee recommended the District develop plans for the implementation, r funding, and deployment of technology throughout the District's programs The 1996 Bond proposition provided funding to enhance the capacity of each facility to accommodate technological applications The 1998 Capital Levy provided funding to further deploy technology at a level sufficient to support program requirements in every classroom and department In 2005 a replacement technology levy was approved to continue to support technology across all facets of the District's teaching, learning and operations. In addition to the technology needs of the District the Ad Hoc committee recognized the District must prepare for continued student enrollment growth As stated in their report, "the District must pursue an appropriate high school site as soon as possible." The Ad Hoc recommendation included commentary that the financing should be timed to maintain consistent rates of assessment. A proposition was approved by the voters on April 28, 1998 that provided $8,000,000 over six years to address some of the technology needs of the District, and $5,000,000 to provide funds to acquire school sites. During the 1997-98 school year a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Diermger School Boards to make recommendations on how best to serve the school population from an area that includes a large development known as Lakeland South. Lakeland South at that time was immediately adjacent to the southern boundary of the Auburn School District. On June 16, 1998 the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Diermger Boards of Directors On June 22, 1998 the Auburn School Board adopted Resolution No 933 authorizing the process to tmtiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation On June 23, 1998 the Dteringer School Board adopted a companion Resolution No 24-97-98 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from Diermger to Auburn containing most of the Lakeland South development and certain other undeveloped properties. Development in this area is progressing at an aggressive rate. In April of 2002, the Board formed a fifth citizen's Ad Hoc committee to address the following two items and make recommendations to the board in the Fall of 2002 a. A review of the conclusion and recommendations of 1985 and 1995 Ad Hoc Committees related to accommodating high school enrollment growth. This included the review of possible financing plans for new facilities. 22 IAubum School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 CAPITAL CONSTRUCTION PLAN b. Develop recommendations for accommodating high school enrollment growth for the next 10 years if a new senior high school is not built This committee recommended the board place the high school on the ballot for the fifth time in February 2003 The February election approved the new high school at 68 71% yes votes The school opened in the Fall of 2005. ' In the Fall of 2003 the school board directed the administration to begin the planning and design for Elementary #13 and Elementary #14 In the Fall of 2004, the Auburn School Board passed Resolution No. 1054 to place two elementary schools on the ballot in February 2005. The voters approved the ballot measure in February of 2005 at 64 72%. Lakeland Hills Elementary (Elementary #13) opened in the Fall of 2006. Arthur Jacobsen Elementary (Elementary #14) is located in the Lea Hill area on a 10 acre site and opened in the Fall of 2007 These two elementary schools were built to accommodate the housing growth in Lakeland Hills and Lea Hill areas of the school district In the 2004-05 school year, the Board convened a sixth Citizen's Ad Hoc committee to again study and make recommendations about the future impacts in the District One of the areas of study was the need for New Facilities and Modernization The committee made a number of recommendations including school size, the need for a new middle school, and to begin a capital improvements program to modernize or replace facilities based upon criterion. During the 2005-06 school year, a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Kent School Boards to make recommendations on how best to serve the school population that will come from an area that includes a number of projected developments in the north Auburn valley. On May 17, 2006 the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Kent Boards of Directors On June 14, 2006 the Kent School Board adopted Resolution No. 1225 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation. On June 26, 2006 the Auburn School Board adopted a companion Resolution No 1073 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from the Kent School District to the Auburn School District effective September 29, 2006. In October of 2008, after two years of review and study, a Steering Committee made recommendations to the school board regarding the capital improvements program to modernize 1 or replace facilities as recommended by the 2004-05 Citizen's Ad Hoc Committee These recommendations, based on specific criteria, led to the school board placing a school improvement bond and capital improvements levy on the ballot in March 2009 Voters did not 1 approve either measure that would have updated 24 facilities and replaced three aging schools This review also identified the need for a Special Education Transition Facility for students with disabilities that are 18 to 21 years old. This facility is planned to be operational by the Fall of 2009 to address this growth need. The District is projecting 1998 additional students within the six year period including the Lakeland, Lea Hill, and north Auburn valley areas. This increase in student population will 23 Auburn School District No 408 CAPITAL FACILITIES PLAN 2009 through 2015 CAPITAL CONSTRUCTION PLAN require the acquisition of new middle school and new elementary school sites and construction of a middle school and elementary school during the six year window Based upon the District's capacity data and enrollment projections, as well as the student generation data included in Appendix A.3, the District has determined that approximately eighty- six percent of the capacity improvements are necessary to serve the students generated from new development, with the remaining additional capacity required to address existing need. The table below illustrates the current capital construction plan for the next six years. The exact timelines are wholly dependent on the rate of growth in the school age population and passage of bond issues and/or capital improvement levies. 2009-15 Capital Construction Plan March 2009 Projected Fund Project Timelines Project Funded Cost Source 08-09 09-10 10-11 11-12 12-13 13-14 14-15 All Facilities- 2006 Technology Yes $12,000,000 6 Year XX XX XX XX Modernization Cap Levy Portables Yes $1,200,000 Impact Fees XX XX XX XX XX XX X Property Purchase Impact New Middle School Yes $9,000.000 Fees XX New Elementary Yes $3,500.000 State Mat XX XX XX Special Education Yes $750,000 Impact Fees XX XX Transition Facility Bond XX XX XX XX 1/ Middle School #5 No $42,500,000 Impact Fee plan const const open Bond XX XX XX 1/ Elementary#15 No $21,750,000 Impact Fee plan const ope Multiple Facility No $46,400,000 Capital Levy XX XX XX XX XX XX 1/ Improvements Replacement of No S239,000,000 Bond Issue XX XX XX XX XX X 1/ three aging schools 1/ These funds may be secured through local bond issues,sale of real property,impact fees,and state matching funds The District currently is not eligible for state assistance at the elementary school level for new construction The district is eligible for state matching funds for modernization i i 24 I 1 1 1 Auburn School District No 408 Capital Facilities Plan 1 2009 through 2015 Section A I Impact Fees 1 t >. 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O 00 U O. m m L rn OJ O m N O W N "m' N m LL N N E 'O L 0 m 0 U - O O LU �' E Cn 0 N a w H "O C > j d } N N N m - O c to O m 0) m m m m E w -o `0 c -o > y c o E -O d j W v1 -m0 O Z M C O O = - M m L m 0 C O C N U c � O m m LL LL m = m a m 0] Q m o U m c m M m m v Q rn O 0 0 } A U 0 (n 0 rn -O v, E u) Cn tL N m N Y N in 30 L 0 0 C N d LL LL O N LL U N Con O -0 v 0 n E E E E E U m O N m d co 3 `m m o 0 0 0 c E > > O CT) Q W 2 Q (7 ot: Q u) v) co U a H LL 11 LL U Y U U v U " N 0 Ol N m N .m. ��-' � m 0 a U 0) N m - U O m (n x o O c 0 a U m D 0 0 0 0 0 m m = > m e a y m m :° c> m U — rn O 0 LLLL o LL LL !n a O LL uci LL E CT 0 0 OUQ Qm m U O Le) n m LL Q a UdHv> mQU mJ F- E a; aEi o 0 a O m E .. � _ _ m m i O (n Z Z H H f1J f!) d F F- o o (n m2 2 0 O CD y Auburn School District No 408 Capital Facilities Plan ' 2009 through 2015 1 Section VIII Appendix Appendix A.1 - Student Enrollment Protections Appendix A 2 - CAPITAL FACILITIES PLAN Enrollment Projections Appendix A.3 - Student Generation Survey 1 i I Appendix A.1 - Student Enrollment Projections 1 1 I 1 1 f _ I i 1 1 Auburn School District #408 Student Enrollment Projections October 2008 Introduction , The projective techniques give some consideration to historical and current data as a basis for forecasting the future In addition, the `projector' must make certain assumptions about the operant variables within the data being used These assumptions are "judgmental"by definition Forecasting can be defined as the extrapolation or logical extension from history to the future, or from the known to the unknown The attached tabular data reviews the history of student enrollment, sets out some quantitative assumptions, and provides projections based on these numerical factors ' The projection logic does not attempt to weigh the individual sociological,psychological, economic, and political factors that are present in any demographic analysis and projection The logic embraces the assumptions that whatever these individual factors have been in the past are present today,and will be in the future It further moderates the impact of singular factors by averaging data over thirteen years and six years respectively The results provide a trend, which reflects along (13-year)and a short (6-year)base from which to extrapolate Two methods of estimating the number of kindergarten students have been used. The first uses the average increase or decrease over the past 13 and 6-year time frame and adds it to each succeeding year The second derives what the average percentage Auburn kindergartners have been of the live births in King County for the past 5 years and uses this to project the subsequent four years The degree to which the actuals deviate from the projections can only be measured after the fact , This deviation provides a point of departure to evaluate the effectiveness of the assumptions and logic being used to calculate future projections Monitoring deviation is critical to the viability and credibility of the projections derived by these techniques Tables Table 1— Thirteen Year Historof October 1 Enrollments—page 3 The data shown in this table is the baseline information used to project future enrollment This data shows the past record of enrollment in the district on October 1 of each year Table 2—Historical Factors Used in Protections -page 4 This table shows the three basic factors derived from the data in Table 1 These factors have been used in the subsequent projections The three factors are- 1. Factor 1 —Average Pupil Change Between Grade Levels This factor is sometimes referred to as the "holding power"or"cohort survival" It is a measure of the number of pupils gained or lost as they move from one grade level to the next 2. Factor 2 -Average Pupil Change by Grade Level This factor is the average change at each grade level over the 13 or 6-year period 3. Factor 3—Auburn School District Kindergarten Enrollment as a Function of King County Live Births. This factor calculates what percent each kindergarten class was of the King County live births in the 5 previous years From this information has been extrapolated the kindergarten pupils expected for the next 4 years i 1 ■ Table 3—Projection Models—pages 5-13 This set of tables utilizes the above mentioned variables and generates several projections. The models are explained briefly below. ❑ Table 3 13 (pg 5)—shows a projection based on the 13-year average gam in kindergarten (Factor 2) and the 13-year average change between grade levels(Factor 1). The data is Ishown for the district as a whole. ❑ Table 3 6 (pg 5)—shows a projection using the same scheme as Table 3.13 except it ' shortens the historical to only the most recent 6 years ❑ Table 3 13A and 3 6A(pg 6)—uses the same factors above except Factor 3 is substituted for Factor 2 The kindergarten rates are derived from the King County live births instead of the average gain ❑ Tables 3E.13, 3E 6, 3E 13A, 3E 6A(pg 7)—breaks out the K-5 grades from the district projection Summary level data is provided for percentage gain and pupil gam by grade articulation. ❑ Tables 3MS 13, 3MS 6, 3MS 13A, 3MS 6A(pg 8)—breaks out the 6-8 grades from the district projection Summary level data is provided for percentage gam and pupil gain by grade articulation ❑ Tables 3SH.13,3SH.6,3SH 13A, 3SH 6A(pg 9)—breaks out the 9-12 grades from the district projection Summary level data is provided for percentage gam and pupil gain by Igrade articulation ❑ Table 4(pg 10)—Collects the four projection models by grade group for ease of comparison ❑ Table 5 (pgs 11-13)—shows how well each projection model performed when compared with actual enrollments Data is provided in both number and percent formats for the past 13 years I Summary Historically, average gain in students over the past 6 years is 1 53%annually that equates to 213 students Over the past 13 years the average gam is 1 41%and equates to 189 students annually. Using the cohort survival models that data below is a summary of the range of variation between the four models This data can be used for planning for future needs of the district The models show changes in the next six years. ■ Elementary level shows increase ranging from 286 to 581 (page 7) ■ Middle School level shows increase ranging from t70 to 256 (page 8) ■ High School level shows decreases ranging from-38 to -112 (page 9) rThe models show these changes looking forward thirteen years: ■ Elementary level shows increase ranging from 490 to 1220. (page 7) ■ Middle School level shows increase ranging from 300 to 599 (page 8) ■ High School level shows increase ranging from 106 to 374 (page 9) This data does not factor new developments that are currently under construction or in the planning stages 2 �'i t OD N O N O d' M V m O It c0 O G O N M a o n w 'ITn 0 co co O ID m M O N 7 (D a1 M n LL) (O itl O a M M M M m O m O m O r (D m �t U ao m 0 0 0 0 0 0 0 0 N M M M m m N m 0 N O N N N M N O a 0 r r r r r r r r r r r 0 M (D n M cO cD M N M (O y 100 Q n O of n n M n N N M N o O N D) r D M n O n O M G O n ,n n O (O M M CD (O (D Ln m O r 7 V V (O O Qt N N M C n m m O m 0 0 0 0 0 M M M Nur) 47 m 0 O 0 0 M 01 N O r r r r r r r r r O M (D n M tO cD M N M t0 M a) d C O N N m0) OO d' N N O N n M a O u) Cl) (O N O a co c0 M O M cO n n O N V 7 i0 M d) 7 m cO a OJ (O O U cp O O O O m O 0 0 M 7 M a M m W 0 0 O O O t N N O O r r r r r r r r r r r N N N cD n M (O (D co N Cl) 10 M 0 � � O @ > O N w 0 W n O M N M 00 - O O n D7 N n O (0 7 N M Z O ((f m m O m D O N M n o] DJ W O M > m w co 00 N M M 0 D M u) O O O O O O O O r M M r 0 0 cp N O N OD 00 N 0 07 n O m O O r r r r r r r r r M @ N (O (D N a (O M N M (O M N V � O W O( 0 7 0 c0 N n c o 0 C o 0 M M O a N M N �' O N O U N OO n N N O O (O M (D N 0 (0 _ O N a M LL) n v cD n (O (D O O m m O 0 0 m O r r N O m M N M C 0 N O r r r r o a �Z O OO r N M 6 _o N o O O M V 0 n N M V M D It N O m V r r M cO n NO (D N c`06 N r n OD 00 u) cD O) m (O M CD W M 01 O O O m p r r O V N 0 m M O N M n O) 00 CO D) N r cO O c O r r r r r r N Q Q N u'i ID N V (O M N M IT M J J O O (0 0 O M (ND O N N 7 M n M N m 7 N N (O 7 7 O M O' (O 7 m M 0 co w m O 0 7 (O O @ (O (D N a i0 M N M 7 M m O` Z NO 0 n m M n Tr (O M O r o O CCO It CN Cl) co co CY) to W cMD 7 (0 n O N O O n D> d. 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Z M n Q m cO co h O O c0 O co10 O M O M N m m co Q M n M O ro O O rn m O m m W m mO N r O r 0 O N N N H (0 cD m 10 (0 F N N N N N F- V 7 7 V H r aaaa H N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a X O v m a X N N N 00 o X m N N If1 c X (D (n M O x M I� m X M 1� M I� X m a 1� O X (0 O m N O O N N 0 0 0 0 O r O O N �j 6 m rn m rn O -O Q Q cc X N N f� % % v 7 J m ❑ x �, r m ❑ x m N m m ❑ X w l0 m ❑ X N >O > 0 OO a O V m m 7 Cl) N r O m O m 0 N N m M 0 m O N c0 ll N N O 00 c0 6 ' ❑ .'.. .'� R a N m NOD m c0 N Ih W M a (fl 00N O m m m i� n O w m f` co O O O m m O Z V) ¢ N N N N H a V 7 coM N N N N N a Z O c = = r � r U C C xxx o 0 0 X o a o o x e o e e e o o e o a ? 0 0 XCD CO x m No o X N (0 N 10 o x (0 N l0 N o X (O M X X r I� I� I� X m a m It M r 7 M QO C� m o 0 0 o N N v N V N o 0 0 0 U ao Q 0 ¢ o O a m (D w X a N a (o % m m m m (o '` % In M v) c7 (6 X w m 0 E ` m o x v N m m ❑ x v v m 0 x r m V m m ❑ % v n v U O z a O dII y m M M 00 m m (0 co 10 co M 00 O m O V W m II II m N (0 m m f� t It 7 (0 M M l0 a 00 a 'ItM M o n O m W r O n N N N W O m m m m ro O H ❑ o H (0 m (0 u� 0 N N N N N H M M M M M F- N N N N N r Q Q Q Q m (n JQ m r (¢O w Q o m y Q M m — CD w Q T ID — ¢ O c 0 Q o F cw LU cw LLJm O w w w wCD M M M M M M H M ❑ w w w w x ~ N U t6 U U U M co m0 a` a` a` a` 0 (° Q a` a` a d- (7 O) ¢ a a` a` a Q (� ¢ a` a a` a � 0 a co 0 0000 o X M (O M (O a x 1� f` X O N tD N o X 6) (O m y x M l0 M 1� x r O O o x (D O (D O x Cc O X X r •-- v O _ X a N It O '� X N co N h ' (O ` X M N M O (O X N r N X M (O M (O t0 ` x 0 o p x v v oo ❑ x oo ❑ X o ❑ x N N N N 1- O (O O V m N N co O CO O 00 O O 00 (17 0) (O 00 O M M M M M (3) W m a0 00 00 00 O '0 N O N W 00 w w m O Q (O (O N (O (0 O M M M M M p (0 7 7 7 p M M M M O F- I- H I N L , m N (11 0 0 o 0 a 0 0 0 0 o e o 0 w d 0 \° X o o a a X(O O (O h o X M M o t` n n I� o X N r r 0 C1 O o X 7 i0 M X (O CO x (O N M N x N (O D0 N m y ' Z O N a a 7 X CO O O It V ` X O (D O co �' X I� m O @ t OO p x N N N 00 ❑ X a X N M N M 00 p X N 0 cq 0 00 ❑ X w N N N N W m Q U j M O N O (00 (D m CMO co (m0 co mO n m O co CO C m m y I� n OD f` N N M N M �6 CO 1� r r r O w m m ' O j c Y m ~ (O (O (O (O M M M M M e} y a a v M M M M M 7 Y IL z r r o 0 0 0 0 Z OaO � o Xrnaal' o X (D (o m (D o Xomom o X � � � m W H O 0 O x a M N m X mow o xcn m m m m x N m D c I- O O V O ap CO - O m M (O M v O v a r i a v v v v O Q Q Q Q O �.- X m N m M O '� X O 0] O N O _ �( O' `� X M O l0 N W W W W (h ` X (O a M „_ X W v W I� M '� x : (O V t0 (`') X Z r r r r 0 ❑ X - 00 ❑ X 00 ❑ X 00 ❑ X v N e- W co ^ (O N N N N Z O m QD yU U)-It N O p V 7 (D t D p 'tO m O m y0 m 7 7 O ' 1� co O M m M M M M M C0 7 � ' Q M M M O I� (D (O co co O N N N N N O (D (D (p CO (p O M M M M M H (0 () (O (O (O F- M M M M M IL a a` m H o 0 o a o 0 0 0 0 0 o e o X O M o X 00 O 00 O X M O M O o X M O M V ' X M 0 (fl X O M O M o x m M m M X I n M O N F c (/) O n j M Cl) M M U u o 0 0 0 0 Q X N - X a CV X N m N m N X m d' 00 M , J ) X 7 O a Q O ❑ M O p x M M t a X (O V (O O p x (0 m I� O N > > O N N O 2OO _ a 0 MN M (D N (O NM N N (O n 7 I-- a t6 N a�D N O (NO (, ❑ ,!, .-i 7 N M 7 1� N 00 m 00 m M m m a �t mU� M Z ZO Q �o o H rn H F a a a a v D r c c O o y o o v o 0 0 0 o m Q U U p o X O) 1- o o X rn in m N o X co rn (D O) c X - - - - 0 0 D a p X a m N a X n N N X m a m a x N o 0 Q 0 a y o v o 0 0 0 0 V v U � U U O Z a a a N N N N O N Ul C x I� (n M O' X a a0 7 00 '� X (7 N M N O' X Q N N M W Sl N X x ` X x (O I 7 { U p 0 o 5 x °� v h °� o O x N- (� o � x a � �. � o � x V ' W O z a N N N N O O a II N <I r N m m (O (O a (O ((l (D (O O r0 (4 O M m 00 a m I II N O M M y N N m (O Ih O (D co 00 M M - O m co c0 w M 0 0 0 0 0 C) 0 7 't a 't 7 O M M M M M y CO Q - (D M m 0 Q - m M (D rn Q M (D (r Q(D y Q J (O N ::) W W W W O Z) W W W W O NW W W W O W W W W N X m N M M M M COM M M M N M M M M M M M M c� YQa` add C7 (D ¢ a` a` aa c� °) UQadaa ¢ c� Qao`. aa` a 1 N O N O ' C O U O C m C C O O N m c m o E 0 O @ T @ C U N E o E❑ a m Q) CD O m m p p E o B U j = Y Q c O c N z Y Y m m o> o 0 0 o rn o 0 0 0 0l a o 0 o rn o 0 0 0 Z m m � � mo XN NN 6o Xowom o XorirnN mD Xnv rnrn 0) O L L U1 X N N r CD N x m (D m m CD X M O O N C> X N M LD O m m r > O O O O > O O O O > 0 0 0 0 O O O O > m m Q Q Q Q U a a � v p C) cl m N X N m .-.m N w X O O m ` X 7 N M O X a ,Lc- c Q O X d',M Q x �- Q x ry N Q 0 X a V Lo m 7 Y a. } } o 0 0 0 0 0 0 0 0 0 0 o D o 0 0 'Z O � O � e X " M � L�I Xa av o X '� c� ,.N Xn rnvL— W O O x h m v ° X m M m M X r N r ° x a r m N UT o o v o O o 0 0 V v N v o J = _ _ = V J Xa� Ir (r rn rn m rn W Q W Q 000 X rn m rn co t X r�v r; „_ x o a o a o w x iD co co Z } } } } 00 ❑ x �. M oo ❑ x o O X 0 0 X N N rn W Cp .M- co N N N N d Z m M ¢O @ m O) r (M N p co D) LO m LO W m N O N m O 0�0 00M N W M M M ^ O D7 r N r O N r T r T O N N N N - o r a LO d' Lp Q H m (D (D m m H M M M M M F- Ln LO Ln to O � n n` a` a N o 0 0 0 o o a o 0 0 0 0 0 0 0 0 F- o X M r O m o X N N o X a a o X N m O CO U x rn o m r x M co M LD x a a a a x v r v o J 9 p fA L) U = m ao m m U r x x x 0 m O m O w X r M M r O O Q X N 7 a O Q X O O) 0 0 O ❑ X �- N X v v 0 Ln J O N C) N N O O O O O V ❑ v '� m N LO 00 (3) It r r (D r CD O O N O N �p (7) � CO (D NO O O M O O 0 0 0 O rn rn rn rn p .p M 7 M 7 ZZQ H m m CD m m H M M M M M H LO LO Ln to F a V 7 7 Z O C C C U) p 7 EE p O N N o 0 0 0 0 0 o a o 0 0 0 o a o 0 m a U @ 0 0 0 % rn Ei N o v o v o rn rn m m X Lh rn mm et r o 00 O C, Q d W O O m p C O x N N V O X O w X (O Ln t0 M O X Lt] M V QW L L O (D '� X CO v (p N m X v m "" x v v v LP CD '� X M CO M r 0 8 E o ❑ x o ❑ X � N .- N o ❑ X � oo ❑ Xm- cNmN W O z 11 N N N N O U d m II M M N ip 7 m CD N LO cD Ln M a m W LM 7 " II II M r N m It M a M 7 V m m m m a 0 O ' O O m O) m QJ O O N 0 0 0 0 O ❑ ° H m LD LO LO LO H M M M M M H N Ln Ln LD Lp H N Q Cl) Lo M (D rn Q M m M m h Q M CD M W y JQ M m M LQo m J N N W W W W O W W W W O W W W W O ! x - W W W W W m LO H M M M M m M M M M N H Cl) M M M M M M M 0) IQ- C7Y Qad0. 4. U' m Qaaaa U` Qdddd Q0 Qdn. da- o a Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections 1 1 ? m N Ln Er- MvLn m o 0 o r a o o O o T O O O O ` m E O N Ln O C N T co (n iiM (O o 0 0 0 R LL C O to co r N O N Foc) O V O 00 Lo O O M O rt O V A m O N V N 00 O co N M V (O f� (O N M N(z Lo w LO m E -p O w O Ln N co 00 O0 O O O O O W W (Nj (ND N m N r O m m a a) O 3 N O fn N LL W (n H O V r CD LO O LO (O 11'1 O r O M EO Ln V N W V r.V co O O O 0 0 0 O N co O C) N M ,Q) 41 (x r r Cl V O N O y N C > al Cl) 'U O Cl) O LO Ln N LO N Ln V Ln Cl) O y (D V O N � 7 O O O O 0 0 0 0 O 0) 7 V � N Ln N Lo N O y N - r Cl) M r0 N C O V N LO m rn r- 00 co N C E ON N Ln O) N O N V O O O O O O O 0) N O N V r Cl) Cl N O h r Q. N r r r M r O O N M r O O I N O V r N 00 L � Y N •_ N � N m c Q o 0 o a v O O a r 0 0 0 0 co M N O O C y = T O Ln Cl) r LO m N O M M co r r N V sN- Ln O N O N r V L i N C Q N N 'W M m Q j O cc M (mp IQ/1 G O w O a U Q O N Lo O LO N O O O O O M V N N O Ln O N ( � O V M O a d Z O r Co Ln N W M V r V V Cl) co V V r O r M 0 M 6 N j > a N O ' 3 a a N O L w m LCO G O a C. a C -� L6 O Or 0 0 h (O 00 M M (O 00 M V Ln M V O N 00 V O N �m _O i O N = J O r (O N t` M M r r W O Cl) M V V r o M V V r al 3 N N N Q � O Ln OD � Ln 00 04 N Ln co r Ln 00 aN- F- ti R y (n Q o T Y coco .�' Y _ Z Q rn W °>' y v e 5 c=i Q > c m d Z) LL m -0 O U d W L. 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O ,Q 7 m N (O Lf) (.- 00 0) r N V O (0Lf) m M 00 OD c0 co OD OD m m m N C) m N r r N � N V O M M 7 (n f-- m O N r- r N M ai r co OD OD 00 Oo 00 c0 0) m r r Or (� r O N V 00 r C. r N ll�- LO (O � 0) (n h 0) O f` t- r- r- � 0) m 00 I- O O p r O N \ \ -0 � - \° L M o 0 0 0 a 0 0 0 0 0 0 0 -.-0 0 r O O -ITr CO m O M N O 111. 0 O i N � � n co O O r N M O I� O V 0 M m m CD N M In CO (� 00 CD (n (n (n (n (n CO (O co (0 m n P, (0 NO (O co (D r- n r It` r m 0) co � O CDO N (n C 1-_ Cl) M I-_ n co Cl) r� co t�, Ih M M M O N 0) (O 00 00 (D co Oo M (O Cl) (D (D co Cl) co U N > O I� 7 00 OD O m i t/ (M 0) CO r CO O r c° O O O N N M d' co � 0) (n Q (n 00 00 m (DM V (D 00I� M O O) ` M LO T m 0) 0) m O O O O CD M N 0- N co > m (0 7 eD v m m V (D O O N CO o E p N M M 7 V' (n (n (O N r Q) co J O O N V 7 t0 m M (� (A V LO (fl O 0) O O N N N N N N N N N Cl) CO N N Cl) oo O O O O o O O O N M M m mm r ` L O r .-- r r a-- r r r r r r N W d ' o a r >' m co n I� M r` N M LO e r N N cn N N N N N co (D (O V' m 10 w(0 tO tD o] (� p r r r r r r r r r r r r O O O O O O O O O O M M M N V LO m O O p r r r r r r r r r r O N 3 w � � 0 aCDco u7 V 0J -ITm CO 7 O co rb CO(O O N N N r m m W R N N O N a p com (0 7 (0 N n 7 '0 O O O O O O O O N M M M m M M m Q CD m .-- r r r r r r r r r r r d Q m O O O O m O O O M V 7 N y) N O M a O O O N to a. co O vMi « i 0 u) M M N m LL'1 7 e0 (� m M N m a O 3 0) N N 1(f F d uj m m m O m O O O M - — m 0 - 0 � � li Z a) _0 N M o r M > 0 C C O >� e e a e e e e e e e e e e e C d o 0 0 o a o 0 o a o o a e O 0) (O (D O V O (n N C Q N N > P, m O Co a) O N M (W COM ti It CD N CD M O (0 E �' (p0 m O O LO O r eM- V N O W (O N N 7 01 d J (O O b n r n r- m 0) GO I� O ` o O r r r r r r r O J d d o6 r 0 W a _ N N Oy a @ 0) r 00 (n 0) 0) r W (n M O V N_ (D W a N N 0 (O rl 0D r U.N'Cl) m O N 0 d } lf) co CO °) Cl M O O O O O M M N r m CD R N 00 O 0) 0) 0r r eM- O V. 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The comment period on the DNS expires at 4:00 p.m. on May 11, 2009. Sincerel , ji J_Nwndent Business and Operations Enclosures 915 Fourth Street Northeast Auburn WA 98002 253 931-4930 I DETERNIINATION OF NONSIGNIFICANCE Issued with a 14-day comment and appeals period Description of Proposal: ' This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single course of action: 1. The adoption of the Auburn School District's 2009-2015 Capital Facilities Plan by the Auburn School District No. 408 for the purposes of planning for the facilities needs of the District; and 2. The amendment of the Comprehensive Plans of King County and the cities of Auburn and Kent to include the Auburn School District's 2009-2015 Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. The cities of Algona and Pacific may also amend their Comprehensive Plans to include the Auburn School District's Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. Proponent: Auburn School District No. 408 Location of the Proposal: The Auburn School District includes an area of approximately 57 square miles. The Cities of Auburn, Algona, Kent, and Pacific and parts of unincorporated King and Pierce Counties fall within the District's boundaries. Lead Agency: Auburn School District No. 408 The lead agency for this proposal has determined that the proposal does not have a probable significant adverse environmental impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. i This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 4:00 p.m., May 11, 2009. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible Official: Mike Newman Deputy Superintendent, Business and Operations Auburn School District No. 408 Telephone: (253) 931-4900 Address: Auburn School District 915 4th Street N.E. Auburn, WA 98002 You may appeal this determination in writing by 4:00 p.m., May 11, 2009, to Mike Newman, Deputy Superintendent, Auburn School District No. 408, 915 4th Street N.E., Auburn, WA 98002. Date of Issue: April 24, 2009 Date Published: April 24, 2009 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. r Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply". In addition, complete the Supplemental Sheet for non- project actions (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND 1. Name of proposed project, if applicable: The adoption of the Auburn School District's 2009 Capital Facilities Plan ("Capital Facilities Plan") for the purposes of planning for the District's facilities needs. The cities of Auburn and Kent and the King County Comprehensive Plans will be amended to include the Auburn School District 2009 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan. The Cities of Algona and Pacific Comprehensive Plans may be amended to include the Auburn School District 2009 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan. A copy of the District's Capital Facilities Plan is available for review in the District's offices. 2. Name of applicant: Auburn School District No. 408. , 3. Address and phone number of applicant and contact person: Auburn School District No. 408 915 4`" St. N.E. Auburn, WA 98002 Contact Person: Mike Newman, Deputy Superintendent, Business/Operations Telephone: (253) 931-4900 4. Date checklist prepared: April 13, 2009 2 5. Agency requesting checklist: Auburn School District No. 408. 6. Proposed timing or schedule (including phasing, if applicable): The Capital Facilities Plan is scheduled to be adopted by the District on May 11, 2009. After adoption, the District will forward the Capital Facilities Plan to the cities of Auburn, Algona, Kent, and Pacific, and to King County for inclusion in each jurisdiction's Comprehensive Plan. The Capital Facilities Plan will be updated annually. Site-specific projects will be subject to project-level environmental review. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The Capital Facilities Plan sets forth the capital improvement projects that the District plans to implement over the next six years. The District plans to purchase property for and construct a new middle school and a new elementary school over the next six years to meet projected student population increases. The District may also add portable facilities at existing school sites. The District will also conduct technology modernization projects at facilities throughout the District, construct a special education transition facility, replace three aging schools, and perform multiple facility improvements throughout the District. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The projects included in the Capital Facilities Plan have undergone or will undergo additional environmental review,when appropriate, as they are developed. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. 10. List any government approvals or permits that will be needed for your proposal, if known. The cities of Auburn and Kent will review and adopt the Capital Facilities Plan for the purposes of updating the cities' school impact fees and incorporating the updated Plan as a part of the Capital Facilities Elements of both the Auburn and Kent Comprehensive Plans. King County will review the Plan for the purposes of implementing the County's 3 impact fee ordinance and incorporating the Plan as a part of the Capital Facilities Element of the King County Comprehensive Plan. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is a nonproject action. This proposal involves the adoption of the Auburn School District's 2009 Capital Facilities Plan for the purpose of planning the District's facilities needs. This proposal also involves the amendment of the cities of Auburn and Kent Comprehensive Plans and the King County Comprehensive Plan to include the Auburn School District 2009 Capital Facilities Plan as a part of each jurisdiction's Capital Facilities Element of their Comprehensive Plans. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The 2009 Capital Facilities Plan will affect the Auburn School District. The District includes an area of approximately 57 square miles. The Cities of Auburn, Algona, Kent, and Pacific, and parts of unincorporated King County fall within the District's boundaries. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one)- Flat, rolling, hilly, steep slopes, mountainous, other The Auburn School District is comprised of a variety of topographic landforms and gradients. Specific topographic characteristics of the sites at which the projects included in the Capital Facilities Plan are located have been or will be identified during project-level environmental review when appropriate. 4 � I, b. What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. ' Specific soil types found at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unstable soils may exist within the Auburn School District. Specific soil limitations on individual project sites have been or will be identified at the time of project-level environmental review when appropriate. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Individual projects included in the Capital Facilities Plan have been or will be subject, when appropriate, to project-level environmental review and local approval at the time of proposal. Proposed grading projects, as well as the purpose, type, quantity, and source of any fill materials to be used have been or will be identified at that time. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of the construction projects currently proposed in the Capital Facilities Plan. The erosion impacts of the individual projects have been or will be evaluated on a site-specific basis at the time of project-level environmental review when appropriate. Individual projects have been or will be subject to local approval processes. 5 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings?) The construction projects included in the Capital Facilities Plan have required or will require the construction of impervious surfaces. The extent of any impervious cover constructed will vary with each project included in the Capital Facilities Plan. This ' issue has been or will be addressed during project-level environmental review when appropriate. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: The erosion potential of the projects included in the Capital Facilities Plan and appropriate control measures have been or will be addressed during project-level environmental review when appropriate. Relevant erosion reduction and control requirements have been or will be met. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Various emissions, many construction-related, may result from the individual projects included in the Capital Facilities Plan. The air-quality impacts of each project have been or will be evaluated during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Are there any off-site sources of emissions or odor that may affect your , proposal? If so, generally describe. Any off-site sources of emissions or odor that may affect the individual projects included in the Capital Facilities Plan have been or will be addressed during project- level environmental review when appropriate. c. Proposed measures to reduce or control emissions or other impacts to air, if any: The individual projects included in the Capital Facilities Plan have been or will be subject to project-level environmental review and relevant local approval processes when appropriate. The District has been or will be required to comply with all I' i 6 applicable air regulations and air permit requirements. Proposed measures specific to the individual projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a network of surface water bodies within the Auburn School District. The surface water bodies that are in the immediate vicinity of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. When necessary, the surface water regimes and flow patterns have been or will be researched and incorporated into the designs of the individual projects. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The projects included in the Capital Facilities Plan may require work near the surface waters located within the Auburn School District. Applicable local approval requirements have been or will be satisfied. I3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Information with respect to the placement or removal of fill and dredge material as a component of the projects included in the Capital Facilities Plan has been or will be provided during project-level environmental review when appropriate. Applicable local regulations have been or will be satisfied. 7 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Any surface water withdrawals or diversions required in connection with the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Each project included in the Capital Facilities Plan, if located in a floodplain area, has been or will be required to meet applicable local regulations for flood areas 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Specific information regarding the discharge of waste materials that may be required as a result of the projects included in the Capital Facilities Plan has been or will be provided during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Ground: 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Individual projects included in the Capital Facilities Plan may impact groundwater resources. The impact of the individual projects included in the Capital Facilities Plan on groundwater resources has been or will be addressed during project-level environmental review when appropriate. Each project has been or will be subject to applicable local regulations. Please see the Supplemental Sheet for Nonproject Actions. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals . . .; agricultural; etc.). i Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. 8 The discharges of waste material that may take place in connection with the projects included in the Plan have been or will be addressed during project-level environmental review. c. Water Runoff(including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Individual projects included in the Capital Facilities Plan may have stormwater runoff consequences. Specific information regarding the stormwater impacts of each project has been or will be provided during project-level environmental review when appropriate. Each project has been or will be subject to applicable local stormwater regulations. 2) Could waste materials enter ground or surface waters? If so, generally describe. The projects included in the Capital Facilities Plan may result in the discharge of waste materials into ground or surface waters. The specific impacts of each project on ground and surface waters have been or will be identified during project-level environmental review when appropriate. Each project has been or will be subject to all applicable regulations regarding the discharge of waste materials into ground and surface waters. Please see the Supplemental Sheet for Nonproject Actions. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Specific measures to reduce or control runoff impacts associated with the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 9 4. Plants: a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation A variety of vegetative zones are located within the Auburn School District. Inventories of the vegetation located on the sites of the projects proposed in the Capital Facilities Plan have been or will be developed during project-level environmental review when appropriate. b. What kind and amount of vegetation will be removed or altered? Some of the projects included in the Capital Facilities Plan may require the removal or alteration of vegetation. The specific impacts on vegetation of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. c. List threatened or endangered species known to be on or near the site. The specific impacts to these species from the individual projects included in the Capital Facilities Plan have been or will be determined during project-level environmental review when appropriate. d. Proposed landscaping, use of native plans, or other measures to preserve i or enhance vegetation on the site, if any: Measures to preserve or enhance vegetation at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. Each project is or will be subject to applicable local landscaping requirements. 10 r 5. Animals: a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: An inventory of species that have been observed on or near the sites of the projects I proposed in the Capital Facilities Plan has been or will be developed during project- level environmental review when appropriate. b. List any threatened or endangered species known to be on or near the site. Inventories of threatened or endangered species known to be on or near the sites of the projects included in the Capital Facilities Plan have been or will be developed during project-level environmental review when appropriate. c. Is the site part of a migration route? If so, explain. The impacts of the projects included in the Capital Facilities Plan on migration routes have been or will be addressed during project-level environmental review when appropriate. d. Proposed measures to preserve or enhance wildlife, if any: Appropriate measures to preserve or enhance wildlife have been or will be determined during project-level environmental review when appropriate. 6. Energy and Natural Resources: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires the completion of a life-cycle cost analysis of all heating, lighting, and insulation systems before it will permit specific school ' projects to proceed. The energy needs of the projects included in the Capital Facilities Plan have been or will be determined at the time of specific engineering and site 11 design planning when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe: I The impacts of the projects included in the Capital Facilities Plan on the solar potential of adjacent projects have been or will be addressed during project-level environmental review when appropriate. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Energy conservation measures proposed in connection with the projects included in the Capital Facilities Plan have been or will be considered during project-level environmental review when appropriate. 7. Environmental Health: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Please see the Supplemental Sheet for Nonproject Actions. 1) Describe special emergency services that might be required. Please see the Supplemental Sheet for Nonproject Actions. 2) Proposed measures to reduce or control environmental health hazards, if any: The projects mcluded in the Capital Facilities Plan comply or will comply with all current codes, standards, rules, and regulations. Individual projects have been or will be subject to project-level environmental review and local approval at the time they are developed, when appropriate. 12 b. Noise: j1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? A variety of noises from traffic, construction, residential, commercial, and industrial areas exists within the Auburn School District. The specific noise sources that may affect the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. ' 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. The projects included in the Capital Facilities Plan may create normal construction noises that will exist on short-term bases only. The construction projects could increase traffic around the construction sites on a short-term basis. Because the construction of additional school capacity will increase the capacity of the District's school facilities, this project may create a slight increase in traffic-related or operations-related noise on a long-term basis. Similarly, the placement of portables at school sites will increase the capacity of school facilities and may create a slight increase in traffic-related or operations-related noise. Neither of these potential increases is expected to be significant. Please see the Supplemental Sheet for Nonproject Actions. 3) Proposed measures to reduce or control noise impacts, if any: The projected noise impacts of the projects included in the Capital Facilities Plan have been or will be evaluated and mitigated during project-level environmental review when appropriate. Each project is or will be subject to applicable local regulations. 8. Land and Shoreline Use: a. What is the current use of the site and adjacent properties? There are a variety of land uses within the Auburn School District, including residential, commercial, industrial, institutional,utility, open space,recreational, etc. 13 b. Has the site been used for agriculture? If so, describe. ' The known sites for the projects included in the Capital Facilities Plan have not been j used recently for agriculture. c. Describe any structures on the site. The structures located on the sites for the projects included in the Capital Facilities ' Plan have been or will be identified and described during project-level environmental review when appropriate. d. Will any structures be demolished? If so, what? The structures that will be demolished as a result of the projects included in the Capital Facilities Plan, if any, have been or will be identified during project-level environmental review when appropriate. e. What is the current zoning classification of the site? The sites that are covered under the Capital Facilities Plan have a variety of zoning classifications under the applicable zoning codes. Site-specific zoning information has been or will be identified during project-level environmental review when appropriate. f. What is the current comprehensive plan designation of the site? Inventories of the comprehensive plan designations for the sites of the projects included in the Capital Facilities Plan have been or will be completed during project- level environmental review when appropriate. g. If applicable, what is the current shoreline master program designation of the site? Shoreline master program designations of the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. 14 I 1 h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Any environmentally sensitive areas located on the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review. I. Approximately how many people would reside or work in the completed project? ' The Auburn School District currently serves approximately 14,019 full-time equivalent ("FTE") students. Enrollment is expected to increase to approximately I16,117 FTE students by the 2014-2015 school year. j. Approximately how many people would the completed project displace? Any displacement of people caused by the projects included in the Capital Facilities Plan has been or will be evaluated during project-level environmental review when appropriate. However, it is not anticipated that the Capital Facilities Plan, or any of the projects contained therein, will displace any people. k. Proposed measures to avoid or reduce displacement impacts, if any: Individual projects included in the Capital Facilities Plan have been or will be subject to project-level environmental review and local approval when appropriate. Proposed mitigating measures have been or will be developed at that time, when necessary. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The compatibility of the specific projects included in the Capital Facilities Plan with existing uses and plans has been or will be assessed as part of the comprehensive planning process and during project-level environmental review when appropriate. 9. Housing: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing units would be provided in connection with the completion of the projects included in the Capital Facilities Plan. 15 b. Approximately how many units, if any, would be eliminated? Indicate ` whether high, middle, or low-income housing. It is not anticipated that the projects included in the Capital Facilities Plan will eliminate any housing units. The impacts of the projects included in the Capital Facilities Plan on existing housing have been or will be evaluated during project-level environmental review when appropriate. c. Proposed measures to reduce or control housing impacts, if any: I Measures to reduce or control any housing impacts caused by the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 10. Aesthetics: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been i or will be addressed during project-level environmental review when appropriate. i b. What views in the immediate vicinity would be altered or obstructed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. c. Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control the aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be determined on a project- level basis when appropriate. 16 r r ' 11. Light and Glare: a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review, when appropriate. Ib. Could light or glare from the finished project be a safety hazard or interfere With views? rThe light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare that may affect the projects included in the Capital Facilities Plan have been or will be evaluated during project-level environmental review when appropriate. d. Proposed measures to reduce or control light and glare impacts, if any: Proposed measures to mitigate light and glare impacts have been or will be addressed during project-level environmental review when appropriate. r12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Auburn School District. rb. Would the proposed project displace any existing recreational uses? If so, describe. rThe recreational impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 17 The projects included in the Capital Facilities Plan, including proposed new school facilities, may enhance recreational opportunities and uses. , c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Adverse recreational effects of the projects included in the Capital Facilities Plan have been or will be subject to mitigation during project-level environmental review when appropriate. School facilities usually provide recreational facilities to the community in the form of play fields and gymnasiums. 13. Historic and Cultural Preservation: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are no known places or objects listed on, or proposed for, such registers for the project sites included in the Capital Facilities Plan. The existence of historic and cultural resources on or next to the sites has been or will be addressed in detail during project-level environmental review when appropriate. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites at or near the sites of the projects included in the Capital Facilities Plan has been or will be developed during project-level environmental review when appropriate. c. Proposed measures to reduce or control impacts, if any: Appropriate measures will be proposed on a project-level basis when appropriate. 14. Transportation: a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The impact on public streets and highways of the individual projects included in the , Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 18 i b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? jThe relationship between the specific projects included in the Capital Facilities Plan and public transit has been or will be addressed during project-level environmental review when appropriate. c. How many parking spaces would the completed project have? How many would the project eliminate? Inventories of parking spaces located at the sites of the projects included in the Capital Facilities Plan and the impacts of specific projects on parking availability have been or will be conducted during project-level environmental review when appropriate. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The need for new streets or roads, or improvements to existing streets and roads has been or will be addressed during project-level environmental review when appropriate. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Use of water, rail, or air transportation has been or will be addressed during project- level environmental review when appropriate. I f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. ' The traffic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. ' g. Proposed measures to reduce or control transportation impacts, if any: 1 The mitigation of traffic impacts associated with the projects included in the Capital Facilities Plan has been or will be addressed during project-level environmental review when appropriate. 19 15. Public Services: a. Would the project result in an increased need for public services (for example- fire protection, police protection, health care, schools, other)? If so, generally describe. ' The District does not anticipate that the projects identified in the Capital Facilities Plan will significantly increase the need for public services. b. Proposed measures to reduce or control direct impacts on public services, if any. New school facilities have been or will be built with automatic security systems, fire alarms, smoke alarms, heat sensors, and sprinkler systems. 16. Utilities: a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electricity, natural gas, water, refuse service, telephone, and sanitary sewer utilities are available at the known sites of the projects included in the Capital Facilities Plan. The types of utilities available at specific project sites have been or will be addressed in more detail during project-level environmental review when appropriate. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utility revisions and construction needs have been or will be identified during project- level environmental review when appropriate. I 1 20 C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead �agency is relying on them to make its decision. Signature: Date Submitted: 1 i t 21 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the i types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? To the extent the Capital Facilities Plan makes it more likely that school facilities, t including new high school, middle school and elementary school capacity, will be constructed, some of these environmental impacts will be more likely. Additional impermeable surfaces, such as roofs, access roads, and sidewalks could increase stormwater runoff, which could enter surface or ground waters. Heating systems, emergency generators, and other school equipment that is installed pursuant to the , Capital Facilities Plan could result in air emissions. The projects included in the Capital Facilities Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of the storage of diesel fuel or gasoline for emergency generating equipment. The District does not anticipate a significant increase in the production of noise from its facilities, although the projects included in the Capital Facilities Plan will increase the District's student capacities. Proposed measures to avoid or reduce such increases are: Proposed measures to mitigate any such increases described above have been or will be addressed during project-level environmental review when appropriate. Stormwater detention and runoff will meet applicable County and/or City requirements and may be subject to National Pollutant Discharge Elimination System ("NPDES") permitting requirements. Discharges to air will meet applicable air pollution control requirements. Fuel oil will be stored in accordance with local and state requirements. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? f The Capital Facilities Plan itself will have no impact on these elements of the , environment. The projects included in the Capital Facilities Plan may require clearing plants off of the project sites and a loss to animal habitat. These impacts have been or 22 I r will be addressed in more detail during project-level environmental review when ' appropriate. The projects included in the Plan are not likely to generate significant impacts on fish or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Specific measures to protect and conserve plants, animals, and fish cannot be identified at this time. Specific mitigation proposals will be identified, however, during project-level environmental review when appropriate. 3. How would the proposal be likely to deplete energy or natural resources? The construction of the projects included in the Capital Facilities Plan will require the consumption of energy. Proposed measures to protect or conserve energy and natural resources are: The projects included in the Capital Facilities Plan will be constructed in accordance with applicable energy efficiency standards. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Capital Facilities Plan and individual projects contained therein should have no ' impact on these resources. Proposed measures to protect such resources or to avoid or reduce impacts are: I No specific measures are being proposed at this time. Appropriate measures would be proposed during project-specific review. Annual updates of this Plan will be coordinated with the Cities of Auburn, Algona, Kent, and Pacific, and King County as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas. To the extent the School District's facilities planning process is part of the overall Growth Management planning process, these resources are more likely to be protected. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Capital Facilities Plan will not have any impact on land or shoreline use that is rincompatible with existing comprehensive plans, land use codes, or shoreline 23 management plans. The District does not anticipate that the Capital Facilities Plan or the projects contained therein will directly affect land and shoreline uses in the area served by the District. Proposed measures to avoid or reduce shoreline and land use impacts are: No measures to avoid or reduce land use impacts resulting from the Capital Facilities Plan or the projects contained therein are proposed at this time. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The construction projects included in the Capital Facilities Plan may create temporary increases in the District's need for public services and utilities. The new school facilities will increase the District's demands on transportation and utilities. These increases are not expected to be significant. Proposed measures to reduce or respond to such demand(s) are: No measures to reduce or respond to such demands are proposed at this time. , 7. Identify, if possible, whether the proposal may conflict with local, state, or , federal laws or requirements for the protection of the environment. The Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment. 24 School 011114frIC1, Kent 4& 2009 — 2010 - 2014 — 2015 W IJL 11"Pml� E i k I E 3 $ F t ry „ L "a t5pp}} z � a 1,a Mce iv2 New Panther Lake FlemeMary School open in Fall P009 1 pent SehoolDistrict No. 415 provides educationalservice to Residents of Unincorporated ping County and Residents of the Cities of Kent, Covington, Auburn, Renton Mack Diamond; Map(e vaffey, and Sea7ac, Washington p ri(2009 , Ken. ,1 ' "'ch,00l U.islFic Kent School District No 415 12033 SE 2561h Street , Kent, Washington 98030-6643 (253) 373-7295 SIX - YEAR CAPITAL FACILITIES PLAN ' 2009 - 2010 - 2014 - 2015 ' { I I - tyg� !KENT, CYLT 'Na--�_ i BOARD of DIRECTORS Jim Berrios Bill Boyce Sandra Collins Chris Davies Debbie Straus ADMINISTRATION t Barbara Grohe, Ph.D. — Superintendent Fred H High —Assistant Superintendent for Business Services Mern Rieger, Ed D — Assistant Superintendent, Learning & School Improvement Larry Miner— Assistant Superintendent for Human Resources , John Knutson — Executive Director of Finance Janis Bechtel — Executive Director, School Improvement 7— 12 , Jeanette Ristau — Executive Director, School Improvement K — 6 David Staight — Executive Director, School Improvement K — 6 Becky Hanks — Executive Director, Community Connections Charles Lind — Executive Director, Labor Relations & Legal Services Laura Madeo — Executive Director of Instructional Services Thuan Nguyen — Chief Information Officer , Kent School District Six-Year Capital Facilities Plan April 2009 �enS j ch=o,�01U „:I 5 ri9 1 KLl T! 1 SIX - YEAR CAPITAL FACILITIES PLAN 1 2009 - 2010 2014 - 2015 April 2009 ' For information on the Plan, please call the Finance & Planning Department at (253) 373-7295 ' Capital Facilities Plan Contributing Staff ' Gwenn Escher-Derdowski Forecast& Planning Administrator Fred Long, Supervisor of Facilities & Construction Karla Wilkerson, Facilities Department Don Walkup, Supervisor of Transportation Department Kathy Fostord, Transportation Manager IMaps by Jana Tucker, Printing Services Kent School District Six-Year Capital Facilities Plan April 2009 E e I K Scheol_ U'Its111 161 n, SiX year Capital facilities Plan 7abfe of Contents , Section Page Number I Executive Summary 2 ' 11 Six-Year Enrollment Projection & History 4 , III District Standard of Service 9 1 V Inventory, Capacity & Maps of Existing Schools 12 ' V Six-Year Planning and Construction Plan 15 t V I Relocatable Classrooms 18 , V I I Projected Classroom Capacity 19 , V I I I Finance Plan, Cost Basis and Impact Fee Schedules 24 t I X Summary of Changes to Previous Plan 31 X Appendixes 32 i Kent School Oistnct Six-Year Capital Facilities Plan April 2009 , I Executive Summary ' This Six-Year Capital Facilities Plan (the "Plan") has been prepared by the Kent ' School District (the "District") as the organization's facilities planning document, in compliance with the requirements of Washington's Growth Management Act, King County Code K C C 21A.43 and Cities of Kent, Covington, Auburn, Renton, Black Diamond, Maple Valley, and SeaTac This annual plan update was prepared using data available in the spring of 2009 for the 2008-2009 school year. This Plan is consistent with prior long-term capital facilities plans adopted by the Kent School District This Plan is not intended to be the sole planning document for all of the District's needs The District may prepare interim and periodic Long Range Capital Facilities Plans consistent with Board Policies, taking into account a longer or shorter time period, other factors and trends in the use of facilities, and other needs of the District as may be required Prior Capital Facilities Plans of the Kent School District have been adopted by Metropolitan King County Council and Cities of Kent, Covington, Auburn and Renton and included in the Capital Facilities Plan element of the Comprehensive Plans of each jurisdiction The first ordinance implementing impact fees for the unincorporated areas was effective September 15, 1993. In order for impact fees to be collected in the unincorporated areas of Kent School District, the Metropolitan King County Council must adopt this Plan and a fee-implementing ordinance for the District For impact fees to be collected in the incorporated portions of the District, the cities of Kent, Covington, Auburn and Renton must also adopt this Plan and their own school impact fee ordinances This Plan has also been submitted to cities of Black Diamond, Maple Valley, and SeaTac. This Capital Facilities Plan establishes a standard of service in order to ascertain current and future capacity. While the State Superintendent of Public Instruction I establishes square footage guidelines for capacity, those guidelines do not account for local program needs in the District The Growth Management Act, King County and City codes and ordinances authorize the District to make adjustments to the standard of service based on specific needs for students of the District. This Plan includes the standard of service as established by Kent School District. Program capacity is based on an average capacity and updated to reflect changes to special programs served in each building. Reiocatables in the capacity calculation use the same standard of service as the permanent facilities ' (continued) Kent School District Six-Year Capital Facilities Plan Apnl 2009 Page 2 I Executive Summary (continued) ' The capacity of each school in the District is calculated based on the District ' standard of service and the existing inventory, which includes some relocatable classrooms. The District's program capacity of permanent facilities reflects program changes and the reduction of class size to meet the requirements of Student Achievement Initiative 728. Relocatables provide additional transitional capacity until permanent facilities are completed Kent School District is the fourth largest district in the state Enrollment is t electronically reported monthly to the Office of the Superintendent of Public Instruction (OSPI) on Form P-223. Although funding apportionment is based on Annual Average Full Time Equivalent (AAFTE), Enrollment on October 1 is a widely recognized "snapshot in time" that is used to report the District's enrollment for the year ' P-223 Headcount for October 1, 2008 was 26,831. P-223 FTE (Full Time Equivalent) enrollment was 25,827 82 (FTE reports Kindergarten at 5 and excludes , Early Childhood Education [ECE] and college-only Running Start students ) The actual number of individual students per the October 2008 full head count was 27,579. (Full Headcount reports all enrolled students at 1 0 including Kindergarten, ECE and college-only Running Start students ) The District's standard of service, enrollment history and projections, and use of , transitional facilities are reviewed in detail in various sections of this Plan The District plans to continue to satisfy concurrency requirements through the transitional use of relocatables. A financing plan is included in Section V I I I which demonstrates the District's ability to implement this Plan Pursuant to the requirements of the Growth ' Management Act, this Plan will be updated annually with changes in the fee schedules adjusted accordingly. i 1 � Kent School District Six-Year Capital Facilities Plan April 2009 Page 3 I I Six - Year Enrollment Projection ' For capital facilities planning, growth projections are based on cohort survival and student yield from documented residential construction projected over the next six years (See Table 2) The student generation factor, as defined on the next page, is the basis for the growth projections from new developments King County births and the District's relational percentage average were used to determine the number of kindergartners entering the system (see Table 1) 8 48% of 22,874 King County live births in 2004 is projected for 1,940 students expected in Kindergarten for October 1, 2009 Together with proportional growth from new construction, 8 48% of King County births is equivalent to the number of students projected to enter kindergarten in the district for the next six-year period (See Tablet) State Funded Full Day Kindergarten ("FDK") programs required a revision to the methodology for projecting Kindergarten at 1.0 FTE for qualifying schools Schools with half-day Kindergarten programs and the optional Tuition-based FDK are projected at 50 FTE (See Table2A) Early Childhood Education students (sometimes identified as "Preschool Special ' Education [SE] or handicapped students") are forecast and reported separately. Capacity is reserved to serve the ECE programs at seven elementary schools. ' The first grade population is traditionally 7 - 8% larger than the kindergarten population due to growth and transfers to the District from private kindergartens Cohort survival method uses historical enrollment data to forecast the number of students projected for the following year Near term projections assume some growth from new developments to be offset by current local economic conditions. With notable exceptions, the expectation is that enrollment increases will occur District-wide in the long term. District projections are based on historical growth patterns combined with continuing development of projects in ' the pipeline dependent on market/growth conditions. The District will continue to track new development activity to determine impact to ' schools and monitor conditions to reflect adjustments in this assumption The six-year enrollment projection anticipates moderate enrollment growth from new development currently in some phase of planning or construction in the district. ' Information on new residential developments and the completion of these proposed developments in all jurisdictions may be considered in the District's future analysis of growth projections Within practical limits, the District has kept abreast of proposed developments The Kent School District serves seven permitting jurisdictions unincorporated King County, I the cities of Kent, Covington, and Auburn and smaller portions of the cities of Renton, SeaTac, and Maple Valley The west Lake Sawyer area of Kent School District is in the city of Black Diamond I (Continued) Kent School District Six-Year Capital Facilities Plan April 2009 Page 4 I I Six -Year Enrollment Projection (Continued) STUDENT GENERATION FACTOR "Student Factor" is defined by King County code as "the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit" based on district records of average actual student generated rates for developments completed within the last five years. , Following these guidelines, the student generation rate for Kent School District is as follows: Single Family Elementary .445 Middle School .118 , Senior High .245 Total .808 Multi-Family Elementary .296 Middle School .075 ' Senior High .111 Total .482 The student generation factor is based on a survey of 1 ,878 single family dwelling units and 1,283 multi-family dwelling units with no adjustment for occupancy rates Please refer to Appendix E on Page 36 of the Capital Facilities Plan for details of the Student Generation Factor survey ' The actual number of students in those residential developments was determined using the District's Education Logistics (EDULOG) Transportation System. Kent School District Sic-Year Capital Facilities Plan April 2009 Page 5 i M 8 0 M o O lO N O co a0 10 N of t0 7 0 .- Q A V m c0 M ' 5 O, 00 �j O) O) O O O N N Ol N � N N N N N N N N N 8 ti M o n m rn o m O o v N ^ h a ^+ O m Yf D) A md N m mtD h 00 m 5 O ro N OOj co O O O O r If1 a c0 a m N N N N N N N N N N N00 a N O N O m m o N M O ' N ee}} N N ���pp a 9 O C1 O r O N O O N N O O 10 h 'W 10 aD N V C C N c a 0 h N 00 O OI O O O N N n N O V m O O O t n m N N ODN N N (14 N N r N � E 0 0 o m e_ to N K O O cM A m C) r0 O m 9 a �+ O d m ���{{ M o0 c0 N rn O T t0 n O1 n �p m rn Q Y a C c O N d 7 Ol M O O O O N N A .- m N N N N N N CV N N N rp c N fL J � N Q Q p po COIt co C N O S c`7 Qy m O o O M N N n OI e 0 a o m e r (�) N N N N N N N N N N m Y m W r c L d c 2 M N p 1l7 N N A 1() m pl n n fDj O - T U7 U N O ' O ry n ' cc � C m o o m o o o Z c c O N N O O - - o o N N Cl C) N tb N N QO N N N N N N N0 of O m NO y o t J N f0 M W W O O V O1 t`� t0 V W a to m �D N C) 1n Oqt 1n W A C ('l CD ' N ? 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QJ { N N A N (0 f7 O d• O <O O O T N t0 O h Y T C 'O N 6 I O N o Ci 0i rn rn m rn_ gi ro m w In W m r ' N m Cp E ��pp N mwo ti co N n a0 N O A N m O O1 CA'f V N E u0i a j ry d n d A C) O N O O N m O m y L? CI o C U s O) m `� o a! rn at rn � � � t CO 0 c 2 0 vi c? 2 1 N N r r - - g o BN I� w ` N 1 T N O 0 e. 00I 0r1 E00_ W ' (OO (OO C N N O� O N >` W C ON N m ° ry N N N ry c m c a r r V t N N = N r i rn 10 V �W�pp t0 10 f l O w N_ O O 10 NCD _ m O t of h O�j Obi Obi ap O) W ^ ' .- N _m O J r 0) r `� r N r ry Y Y t € (mp �a 4 G' O C ry N LL N (n0 m o N C) 7 C) N 01 d' In M W O NLf) '^ o `y Q II U m O O m N W m 'D 0 h N W O N N W lD w O m m m N � O L O m m O co C <p Ip C N rn m m a 0 O m N m , co L C N m L L N G C d O_) ID E C 8e N "f J y N N N °' aL `o_ 4 d m� g 3 Y a tOO a o C r C C E N N c 5 m Y a m O m r J c C in W Y l9 N M 'R in f0 n 00 O .r- .N- O` O '0 5 O C N c 21 m rn .- c > c` LL E c rn y Ul N N N N N N N U1 N N W LL v C c O m o g _c [2 0 2m m m o ' t LL c o Y Y Y Y cq C9 0 0 C9 0 U C7 U (9 0 0 (9 C9 ~ v ' LL ~ o w KENT SCHOOL DISTRICT No. 415 SIX •YEAR F T E ENROLLMENT PROJECTION State Funded FDK at 14 schools LB in 2003 LB in 2004 LB in 2005 LB in 2006 LB in 2007 LB est 09 LB est 09 , ACTUAL P R O J E C T 1 0 N October 2008 2009 2010 2011 2012 2013 2014 King County Live Births ' 22,431 22,874 22,680 24,244 24,899 25,000 25,100 ' Increase!Decrease 568 443 •194 1,564 655 101 100 , Kindergarten / Birth % 2 8 4B% 8 48% 8 48% 8 48% 8 48% 8 48% 8 48% 213 Kindergarten FTE @ 5 768 479 471 537 565 569 573 , 2'3 FD Kindergarten @ 1 0 365 982 982 982 982 982 982 Grade 1 1,920 2,021 2,081 2,054 2,183 2,232 2,230 Grade 2 1,916 1,961 2,083 2,145 2,117 2,249 2,299 Grade 3 2,081 1,971 1,989 2,122 2,184 2,156 2,289 Grade 4 2,060 2,073 2,001 2,029 2,163 2,226 2,198 , Grade 5 2,044 2,065 2,085 2,023 2,051 2,185 2,248 Grade 6 2,081 2,091 2,110 2,140 2,077 2,106 2,242 , Grade 7 2,117 2,096 2,111 2,130 2,160 2,097 2,126 Grade 8 2,143 2,131 2,129 2,144 2,163 2,193 2,130 , Grade 9 2,573 2,497 2,507 2,505 2,522 2,544 2,579 Grade 10 2,245 2,249 2,210 2,219 2,227 2,232 2,251 , Grade 11 1,966 1,841 1,889 1,857 1,864 1,871 1,875 Grade 12 1,549 1,661 1,662 1,705 1,676 1,683 1,689 ' Total FTE Enrollment 25,828 26,118 26,310 26,592 26,934 27,325 27,711 Note 2/3/4 Yearly Increase 83 290 192 282 342 391 386 Yearly Increase/Decrease% 0 32% 1.12% 0.74% 1 07% 1.29% 1.45% 1 41% ' Cumulative Increase 83 373 565 847 1,189 1,580 1,966 Full Time Equivalent FTE 25,826 1 26,118 1 26,310 26,592 1 26,934 27,325 1 27,711 , 1 Kindergarten enrollment projection is based on KSD percentage of live births in King County five years previous 2 Kindergarten FTE protection is calculated by using the District's previous year percentage of King County births , 5 years earlier compared to actual kindergarten enrollment in the previous year (Excludes ECE-Early Childhood Education) 3 Kindergarten projection is at 1 0 FTE for 14 schools qualifying for Grant&State Apportionment Funded Full Day Kindergarten(FDK) Schools with 1/2 Day Kindergarten and Optional Tuition-based Full Day Kindergarten programs are projected at 5 FTE 4 Oct 2008 P223 FTE is 25,828&Headcount is 26,831 Full student count with ECE Preschool&Running Start=27,579 G R O W T H P R 0 J E C T 1 0 N S - Adjustments for current economic factors ' For facilities planning purposes, this six-year enrollment projection anticipates moderate enrollment , growth from new development currently in some phase of planning or construction in the district. Kent School District Six-Year Capital Facilities Plan Table 2 April 2009 Page 7 ' w `n 4 U U > 0 3 x o_ 3 w x w U w > cn x w J O J a a w a y z n- a 0 B U U U U w w LL ❑ C7 C9 x -� Y J a 0_ a H mw LL a Dc V M M M M N t7 N f7 t"1 N N Mig0 to N W p 41 @ C W O O O o ... LL d _ o_ a � Nm � N � tn a0 � Q T y C C � r a m v c c 2+ ° W O m LL N O U �. 0) m N M N C H @ C Y O o o m p T (V LL 10 O m L O N N Cl ' N N a W �Ja c C m a O LL G1 0 ll a C T M On M Z; M N M N �6 N 0 o ❑ a z O O � O F ' U W rn ° W ILu o o� ❑ <n 'O o o mo N v O LL o c ,1 m r Y �. a N t p Q O W Z LL h _W ❑ � m N ❑ W a m pppp tp �pp ❑ Z N O O ❑ to Oi 4 0 j O1 M N N w N ed O O od ICR U) 0 w E d ¢Q F- O LL ° Imo y0 n n co m to Y Z = W U LL O p22 P Y 0 Q �O L OI p O 8 WLLI O E 8y ❑ N N N N of tp V a' O �D N V a0 Q Q Q a of O tp O [� Q Op R1 a N L LL F- ...) 00 0 u1 O O) l0 <O O o �O Y: u� O W N 1� O N O O �N V O M t� O Vl a 0 d Q Q Q �5 V u'J a Q Q p th O a a to Q tl' W N a U -a w c E @ � N � V QQ U U UO U w w LL 0 C7 C7 = y J m m f z 2 a a Q' (n v) U V) u) N N O. d a C J U O s m ' O d c LL U r � z z QEL V) cOf E r c c c E aci m �° Z. Z d m m m d E m aci v y Z` �v E r d m o aci m c w c ° m m E 0 m w 0 m E E - % m c aci m 2 a) m' } w m E c y d a� E c w Z, m w c E a) m d E w ° E E m O y t x w E m ° E c E ° m w w m m m w W w E _m m E m m E v w llJ `� d w W _O m w ❑ W N N N N o> > y W d Y a w w w y y E [0 Y °O u U m c $ w a a r- m m w U E o a w E m` r W a> > 2° = a 0°i �' c m ° (D 3 c J m N C C H O C W Y C_ o V C O L O R y aN+ _U U c y N Y ❑ Fll V V' p O N C C Y C `� V C O O S N O C C W O m O O m E m N O y m N m m v - O m c0 C 9 m U O Q 7 N O U U U U W W LL C� (� C� 2 y J z E o. a CE (0 0 a) (o (n z z C m Y III Current Kent School District "Standard of Service" In order to determine the capacity of facilities in a school district, King County Code 21A 06 references a "standard of service" that each school district must establish In order to ascertain Its overall capacity. The standard of service identifies the program year, the class size, the number of classrooms, students , and programs of special need, and other factors determined by the district which would best serve the student population This Plan Includes the standard of service as established by Kent School District. , The District has identified schools with significant special needs programs as "impact" schools and the standard of service targets a lower class size at those facilities. Relocatables Included in the capacity calculation use the same standard of service as the permanent facilities. (see appendix A, a & C) The standard of service defined herein may continue to change In the future. , Kent School District Is continuing a long-term strategic planning process combined with review of changes to capacity and standard of service , adjustments to meet the requirements of Student Achievement Initiative 728 This process will affect various aspects of the District's "standard of service" and future changes will be reflected In future capital facilities plans. Because the , funding for Initiative 728 is Incremental, implementation of the Initiative is also incremental and may result In changes to school capacity. Current Standards of Service for Elementary Students , Class size for Kindergarten Is planned for an average of 22 students. , Class size for grades 1 - 4 is planned for an average of 23 students. Class size for grades 5 - 6 is planned for an average of 29 students. Program capacity for general education elementary classrooms is calculated at ' an average of 24 students per classroom because of fluctuations between primary and intermediate grade levels (i.e third/fourth or fourth/fifth grade split ' classes, etc.). Most elementary schools provide full day kindergarten programs (FDK or KAI — Full Day Kindergarten or Kindergarten Academic Intervention) with ' the second half of the day funded by grants or tuition. Students have scheduled time in a computer lab. Students may also be provided ' music Instruction and physical education in a separate classroom or facility. Special Education for students with disabilities may be provided in a self- ' contained classroom with a capacity of 10-15 depending on the program. (continued) , Kent School District six-Year Capital Facilities Plan April 2009 Page 9 ' III Current Kent School District "Standard of Service" (continued) ' Identified students will also be provided other educational opportunities in classrooms for programs such as those designated as follows. English Language Learners (E L L) Self-contained Special Education Support Center Programs (SC) ' Integrated Programs & Resource Rooms (for special remedial assistance) Early Childhood Education (ECE) (3-4 yr. old students with disabilities) School Adjustment (SA) Program for severely behavior-disordered students ' Speech & Language Therapy & Programs for Hearing Impaired students Adaptive Support Center for Mild, Moderate & Severe Disabilities (ASC-DD) Occupational & Physical Therapy Programs (OT/PT) Developmental Kindergarten in SC Programs Kindergarten Academic Intervention Program (KAI-Full Day Kindergarten) Education for Disadvantaged Students (Title I) — Federal Program Learning Assisted Programs (LAP) — State Program District Remediation Programs Education for Highly Capable Students (formerly "Gifted" Program) ' Some of the above special programs require specialized classroom space, as well as music and physical education classrooms, computer labs, etc., thus, the permanent capacity of some of the buildings housing these programs is reduced. Some students, for example, leave their regular classroom for a short period of time to receive instruction in these special programs and "pull-out" space must ' be allocated to serve these programs. Some newer buildings have been constructed to accommodate most of these programs; some older buildings have been modified, and in some circumstances, these modifications reduce the ' classroom capacity of the buildings. When programs change, program capacity is updated to reflect the change in program and capacity. Current Standards of Service for Secondary Students The standards of service outlined below reflect only those programs and ' educational opportunities provided to secondary students which directly affect the capacity of the school buildings Reductions have been made in 7th and 101h grade English classes for Initiative 728. These standards are subject to change pending annual updates based on staff and public review for changes funded by Student Achievement Initiative 728. Class size for grades 7 - 8 is planned for an average of 29 students. Class size for 7" & 101h grade English class is planned for an average of 25 students. Class size for grades 9 - 12 is planned for an average of 31 students. ' Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (cont'd) Kent School District Six-Year Capital Facilities Plan April 2009 Page 10 III Current Kent School District "Standard of Service" (continued) , Identified secondary students will also be provided other educational opportunities in classrooms for programs designated as follows: Computer, Multi-media &Technology Labs & Programs— (Nova Net-Advanced Academics) ' Technology Academy programs at Kent-Meridian High School & Mill Creek Middle School Science Programs & Labs — Biology, Chemistry, Physics, Oceanography, Astronomy, Meteorology, Marine Biology, General Science, etc , English Language Learners (E L L) Integrated Programs & Resource Rooms (for special remedial assistance) Basic Skills Programs ' Transition Outreach Program (TOP)for 18-21 year old Special Education students Child Development Preschool and Daycare Programs Music Programs — Band, Orchestra, Chorus, Jazz Band, etc ' Art Programs— Painting, Design, Drawing, Ceramics, Pottery, Photography, etc Theater Arts— Drama, Stage Tech, etc Journalism and Yearbook Classes Highly Capable (Honors or Gifted) and Advanced Placement Programs , International Baccalaureate ("I B") Program Kent Phoenix Academy—Performance Learning Center, Gateway, Virtual High school & Kent Success program with evening classes designed for credit retrieval ' Traffic Safety Education JROTC - Junior Reserve Officers Training Corps Variety of Career&Technical Education Programs (CTE-Vocational Education) ' Family & Consumer Science—Culinary Arts, Sewing, Careers w/Children/Educ , etc Health & Human Services—Sports Medicine, Sign Language, Cosmetology, etc Business Education —Word Processing, Accounting, Business Law& Math, DECA, FBLA(Future Business Leaders), Sales & Marketing, Economics, Web Design , Technical & Industry — Woodworking, Cabinet Making, Budding Trades, Metals, Automotive & Manufacturing Technology, Welding, Machine Shop, Drafting, Drawing, CAD (Computer-aided Design), Electronics, Engineering & Design, Aviation, etc ' Graphic & Commercial Arts, Media, Photography, Theater& Stage, Ag & Horticulture Many of these programs and others require specialized classroom space which ' can reduce the permanent capacity of the school buildings In addition, alternative home school assistance, choice and transition programs are provided for students in grades 3 - 12 at Kent Mountain View Academy. ' Space or Classroom Utilization As a result of scheduling conflicts for student programs, the need for specialized , rooms for certain programs, and the need for teachers to have a work space during their planning periods, it is not possible to achieve 100% utilization of regular teaching stations at secondary schools. Based on the analysis of actual utilization of classrooms, the District has determined that the standard utilization rate is 85% for secondary schools. Program capacity at elementary schools ' reflects 100% utilization at the elementary level with adjustments for pull-out programs served in relocatables. In the future, the District will continue close analysis of actual utilization ' Kent School District Six-Year Capital Facilities Plan April 2009 Page 11 ' I V Inventory and Capacity of Existing Schools Currently, the District has permanent program capacity to house 27,321 students and transitional (relocatable) capacity to house 1 ,552. This capacity is based on ' the District's Standard of Service as set forth in Section I I I Included in this Plan is an inventory of the District's schools by type, address and current capacity. (See Table 3 on Page 13) The ratio between permanent capacity and transitional capacity has changed ' from 96 - 4% to 97 - 3% since the previous Plan. The program capacity is periodically updated for changes in programs, additional classrooms and new schools Program capacity has been updated in this Plan to reflect program changes and new capacity for building additions at the high schools. ' Program capacity also reflects adjustments for the Student Achievement Initiative 728 reduction in class size. The class size reduction received voter ' approval in the Educational Programs and Operations Levy as well as through funding for Student Achievement Initiative 728 The District will conduct annual public review and update class size recommendations in accordance with the ' requirements and incremental funding of Student Achievement Initiative 728. Kent Mountain View Academy (formerly Kent Learning Center and Grandview Elementary) serves Grades 3 — 12 with transition, choice and home school assistance programs. It is located in the former Grandview School in the western part of the District in the city of SeaTac This school was originally designed as an elementary school and is included in the elementary capacity for this Plan. Kent Phoenix Academy is a non-traditional high school which opened in Fall 2007 in the renovated site and building that formerly served Sequoia Middle School. KPA has four special programs including the Performance Learning Center, Gateway, Virtual High School and Kent Success. Kent Success replaced the former Night Academy at Kent-Meridian High School and provides afternoon and evening classes for credit retrieval. ' Calculation of Elementary, Middle School and Senior High School capacities are set forth in Appendices A, B and C A map of existing schools is included on Page 14. Kent School District Six-Year Capital Facilities Plan April 2009 Page 12 KENT SCHOOL DISTRICT No.415 INVENTORY and CAPACITY of EXISTING SCHOOLS 2008-2009 Year SCHOOL Opened ABR ADDRESS Program Capacity' ' Carriage Crest Elementary 1990 CC 18235-140th Avenue SE, Renton 98058 452 Cedar Valley Elementary 1971 CV 26500 Timberlane Way BE, Covington 98042 402 Covington Elementary 1961 CO 17070 BE Wax Road, Covington 98042 498 Crestwood Elementary 1980 CW 25225-180th Avenue BE, Covington 98042 456 East Hill Elementary 1953 EH 9825 S 240th Street, Kent 98031 464 ' Emerald Park 1999 EP 11800 BE 215th Street, Kent 98031 504 Fanwood Elementary 1969 FW 16600.148th Avenue BE, Renton 98058 408 George T Daniel Elementary 1992 DE 11310 BE 248th Street, Kent 98030 450 Glenridge Elementary 1996 GR 19405-120th Avenue BE,Renton 96058 456 ' Grass Lake Elementary 1971 GL 28700-191st Place BE, Kent 98042 452 Horizon Elementary 1990 HE 27641 -144th Avenue BE, Kent 98042 504 Jenkins Creek Elementary 1987 JC 26915-186th Avenue BE, Covington 98042 398 ' Kent Elementary 1999 KE 24700-64th Avenue South, Kent 98032 464 Lake Youngs Elementary 1965 LY 19660-142nd Avenue BE, Kent 98042 524 Martin Sortun Elementary 1987 MS 12711 BE 248th Street, Kent 98030 474 Meadow Ridge Elementary 1994 MR 27710-108th Avenue BE,Kent 98030 464 ' Mendian Elementary 1939 ME 25621-140th Avenue BE, Kent 98042 524 Millennium Elementary 2000 ML 11919 BE 2701h Street, Kent 98030 498 Neely-O'Brien Elementary 1990 NO 6300 South 236th Street, Kent 9BO32 440 , Panther Lake Elementary 1938 PL 20831 -108th Avenue BE, Kent 98031 396 Park Orchard Elementary 1963 PO 11010 BE 232nd Street, Kent 98031 480 Pine Tree Elementary 1967 PT 27825-118th Avenue BE, Kent 98030 522 Ridgewood Elementary 1987 RW 18030-162nd Place BE, Renton 98058 504 , Sawyer Woods Elementary 1994 SW 31135-228th Ave BE,Black Diamond 98010 504 Scenic Hill Elementary 1960 SH 26025 Woodland Way South, Kent 98030 464 Soos Creek Elementary 1971 SC 12651 BE 218th Place, Kent 98031 40B ' Spnngbrook Elementary 1969 SB 20035-100th Avenue BE, Kent 98031 398 Sunrise Elementary 1992 SR 22300-132nd Avenue BE, Kent 98042 504 Elementary TOTAL 13,012 ' Cedar Heights Middle School 1993 CH 19640 BE 272 Street,Covington 98042 923 Mattson Middle School 1981 MA 16400 BE 251 st Street, Covington 98042 804 Meeker Middle School 1970 MK 12600 BE 192nd Street, Renton 98058 890 ' Mendian Middle School 1958 MM 23480-120th Avenue BE, Kent 98031 790 Mill Creek MS(former Kent Jr Hi)2 20051 1952 MC 620 North Central Avenue, Kent 98032 828 Northwood Middle School 1996 NW 17007 BE 184th Street, Renton 98058 972 Middle School TOTAL 5,207 ' Kent-Meridian Senior High School 1951 KM 10020 BE 256th Street, Kent 98030 1,772 Kentlake Senior High School 1997 KL 21401 BE 3001h Street,Kent 98042 2,157 ' Kentndge Senior High School 1968 KR 12430 BE 2081h Street, Kent 98031 2,270 Kentwood Senior High School 1981 KW 25800-164th Avenue BE, Covington 98042 2,137 Senior High TOTAL 8,336 , Kent Mountain View Academy 3 1965 MVlLC 22420 Military Road, Des Moines 98198 416 Kent Phoenix Academy 4 1966 PH 11000 BE 264th Street, Kent 98030 350 DISTRICT TOTAL 27,321 Changes to capacity reflect program changes and new budding additions at high schools ' Mill Creek Middle School and Technology Academy replaced renovated Kent Junior High in 2005 3 Kent Mountain View Academy serves grades 3-12 The school was formerly known as Kent Learning Center&Grandview Elementary Kent Phoenix Academy is a non-traditional high school which opened in Fall 2007 in the former Sequoia MS building Kent School District Six-Year Capital Facilities Plan Table 3 Apnl 2009 Page 13 ' LO Z. O �- 0 c 3 O U v ° J� C N o pit vcac0 0)> a • 16. m - ° ,cam ° 04 3_`o O � a O 40 ° °_ -..Me ; �o 2wO O O � � NW _ cry U U °� u� o 'E 0 CAW U v@ mz • o ad c ° N0 13 >COOm • OJ D� $D''''' iyE• daH8mrn.sWEo�•pNmC_acN�'LLU$ Lg V ey•a NN HE wm •d�Cw° �—L• W p ���c m x�x Gv�C6Y•dEV:N OM u 3 O_ Q anYm d•7•P c°CA m N C 3 aam C ° E pE °, C ; V 11 g w w w a •ZF a CL6 'NL� C° o 3S eAV 4IV91 Ip QG 0a C w ° ) W— NE �d VJ �� 3SGAV4J0V1 ui• N N E N " v E�`. N )d 3S eAV Pu £l O d` c Oas ag Cw O)o 2 O� °y c° ° > • c CC e°f � CC0` N E x N O UW N E '=v Q To all:vw a H -- 2 U •: M •' E � � •p 2 a � O O T �v Em• L mE $N °c Q O O � W �E •N 6 • • o nO3S enV 41801 h C QN m W � X •m DT _c -CC C p p Q 3S eAV 41VO I ;C p U N am• va xo•o c• aE 2 O cE £E Do t v_$ �� om N ' N W GO.W W 41 Q� n m N °C C C wv— Ea a) w � CnYY Nx ww • Y N �9/' any ID,lua� ve, ti z ADM46iH AeIIDA 1seM C • c• N d)T Y C d 02 E Qa N N c'. m E w p�r0 N gE ma) `ca Zw y 000 Y d:` • 4 e1ois,elul i ' Kent School District Six-Year Capital Facilities Plan April 2009 Page 14 V Six-Year Planning and Construction Plan ' At the time of preparation of this Plan in spring of 2009, the following projects are completed or in the planning phase in Kent School District. • Construction is in progress for additional classroom capacity at Kent-Meridian High ' School and has recently been completed at Kentlake High School • Sequoia Middle School was renovated and reconfigured to provide capacity for approximately 350 high school students at the non-traditional high school, Kent Phoenix , Academy in 2007-08 • Kent Junior High was renovated and renamed Mill Creek Middle School Mill Creek MS ' also serves the Kent Technology Academy program for students in Grades 7 - 8 The construction of Phase I I of the renovation of Mill Creek MS is in progress • In February 2006, voters approved construction funding for replacement of Panther Lake ' Elementary School and a future Elementary School to accommodate new growth A new site was acquired and construction is in progress for replacement of Panther Lake Elementary, The new Panther Lake will open to replace the current school in Fall 2009 ' • Planning is in progress for a replacement school for Covington Elementary School • Enrollment protections reflect future need for additional capacity at the elementary school 1 level Future facility and site needs are reflected in this Plan • Some funding is secured for purchase of additional portables and some funding may be , provided by impact fees as needed Sites are based on need for additional capacity As a critical component of capital facilities planning, county and city planners and ' decision-makers are encouraged to consider safe walking conditions for all students when reviewing applications and design plans for new roads and developments This should include sidewalks for pedestrian safety as well as bus ' pull-outs and turn-arounds for school buses. Included in this Plan is an inventory of potential protects and sites identified by the ' District which are potentially acceptable site alternatives in the future. (See Table a on Page 16 & Site map on Page 17) Voter approved bond issues have included funding for the purchase of sites for some of , these and future schools, and the sites acquired to date are included in this Plan Some funding is secured for purchase of additional sites but some may be funded with impact fees as needed Not all undeveloped properties meet current school construction requirements and some property may be traded or sold to meet future facility needs 2006 voter approval of $106M bond issue for capital improvement included the construction funding for a new elementary school, replacement of Panther Lake Elementary, and classroom additions to high schools Some impact fees will also be applied to those protects Student Achievement Initiative 728 funds are being utilized to ' reduce class size and provide extended learning opportunities Based on community input at public hearings, the Board will continue annual review of standard of service and those decisions will be reflected in the each update of the Capital Facilities Plan ' Kent School District Six-Year Capital Facilities Plan April 2009 Page 15 ' KENT SCHOOL DISTRICT No.415 Site Acquisitions and Projects Planned to Provide Additional Capacity Projected Projected %for ' SCHOOL / FACILITY / SITE LOCATION Type Status Completion Program new Date Capacity Growth r.ppronimate I Apprommaie #on Map ELEMENTARY (Numbers assigned to future schools may not correlate with number of exist g schools) 13 Replacement for Panther Lake Elementary (F) SE 215th Street&102nd Ave SE Replacement consiniction Fall 2009 St10 21% PL Elementary Site (F) SE 216th Street&102nd Ave SE Site 2009 21% Panther Lake Elementary-Replaced in 2009 SE 208 Street&108th Ave SE Replacement Planning 2009 -396 5 Replacement for Covington Elementary (U) SE 256th Street&154th Ave SE Replacement Planning 2011 600 20% Covington Elem-Replacement planned for 2011 17070 SE Wax Road, Covington Replacement Planning 2011 -498 Elementary#31 (Actual#29) (F) To be determined 2 New Planning 2012-13 600 100% ESite for Elementary#31 (Unfunded)I To be determined 2 Site Planning 2012-13 100% MIDDLE SCHOOL Mill Creek Middle School 620 N Central Avenue,Kent Renovation consimaion 2009 828 NIA Phase II of Renovation in progress Sequoia Middle School Renovation&Reconfiguration Renovation Planning 2007 -771 NIA for Kent Phoenix Academy SENIOR HIGH New Non-traditional High School Former Sequoia Middle School ' Kent Phoenix Academy (Funded) 11000 SE 2641h Street,Kent Renovation Utilized 2007-08 350 100% Classroom additions at Kentlake High School (F) 21401 SE 3001h Street,Kent Additions Utilized 2008 171 100% Classroom additions at Kent-Meridian HS (F) 10020 SE 2561h Street,Kent Additions in progress 2009 79 100% Additional TEMPORARY FACILITIES Capacity Relocatables For placement as needed New Planning 2008+ 24-31 each 100% ' SUPPORT FACILITIES Bus Facility (Unfunded)' Near Kent-Mendian High School New Planning TBD 2 N/A non Land Use Map OTHER SITES ACQUIRED Type Jurisdiction 4 Covington area North (Near Mattson MS) SE 251 &164 SE, Covington 98042 Elementary City of Covington 7 Covington area South (Scarsella) SE 290&156 SE, Kent 98042 Elementary King County ' 5 Covington area West (Halleson-Wikstrom) SE 256&154 SE, Covington 98042 Elementary City of Covington 3 Ham Lake area (Pollard) 16820 SE 240, Kent 98042 Elementary King County 8 SE of Lake Morton area (West property) SE 332&204 SE, Kent 98042 Secondary King County 2 Shady Lk area(Sowers,Blaine,Drahota,Paroline) 17426 SE 192 Street, Renton 98058 Elementary King County 1 So King Co Activity Center(Nike site) SE 167&170 SE, Renton 98058 TBD z King County 12 South Central site (Plemmons-Yeh-Wms) SE 286th Street&124th Ave SE,Kent TBD x King County Notes, ' Unfunded facility needs will be reviewed in the future ' 2 TBD-To be determined-Some sites are acquired but placement, timing and/or configuration have not been determined Numbers correspond to sites on Site Bank Map on Page 17 Other site locations are parcels identified in Table 7 on Page 27 ' Kent School District Six-Year Capital Facilities Plan Table 4 Apnl 2009 Page 16 L O � � O ■ . , 20Cr @ ,e O c . O � tij - } OL !» } O { { >, � } \ \ 22 y °. 4 jE ® @ §\ O ��� w 0 a q ` @ }° �/ �i \ ' / « «__. : « @ ; $ °& , \ \, 2 > ° 2i { \\ ®/ a� . ;e - a/ Q e03) ! G / -a)0 0C z e , u s� a : ' � ' ° f/: ey ) - ' �� e §R � ' \« d y :E \E �wjd e ® ). � OT »aAV_I « e ) 10 / , ® �\ k / y }- (! .66 @ � OAV.e Aom2 @ , , , a wq) F 02 \ 07 Q , @ ! z : 7 \0 G + }q e Kerns mn_ctSix-Year Ca .Fac:_smn April 2009 Page11 V I Relocatable Classrooms For the purpose of clarification, the term "portables" and the more descriptively accurate term, "relocatables" are used interchangeably in this Plan The Plan also references use of portables or relocatables as Interim or transitional capacity/facilities. Currently, the District utilizes 128 relocatables to house students in excess of permanent capacity, for program purposes at school locations, and several for storage or other purposes (See Appendices A 8 C D) Based on enrollment projections, Implementation of additional full day kindergarten programs, program capacity and the need for additional permanent capacity, the District anticipates the need to purchase some additional relocatables during the next six-year period The continually escalating cost of moving relocatables will Increasingly limit the choice between budding new relocatables on site and relocating older ones. During the time period covered by this Plan, the District does not anticipate that ' all of the District's relocatables will be replaced by permanent facilities. During the useful life of some of the relocatables, the school-age population may decline in some communities and increase in others, and these relocatables provide the flexibility to accommodate the immediate needs of the community. Portables, or relocatables, may be used as interim or transitional facilities: 1. To prevent overbuilding or overcrowding of permanent school facilities. 2 To cover the gap between the time of demand for increased capacity and completion of permanent school facilities to meet that demand. 3 To meet unique program requirements. Relocatables currently in use are continually evaluated resulting in some being improved and some replaced Quality concerns will be among those addressed by the next Community Facilities Planning Committee for review of capital facilities needs for the next bond issue. The Plan projects that the District will use relocatables to accommodate interim housing needs for the next six years and beyond. The use of relocatables, their impacts on permanent facilities, life cycle and operational costs, and the interrelationship between relocatables, emerging technologies and educational restructuring will continue to be examined. Kent School District Six-Year Capital Facilities Plan April 2DO9 Page 18 V I I Projected Six-Year Classroom Capacity As stated in Section t V, the program capacity study is periodically updated for changes in special programs and reflects class size fluctuations in Grades K - 4. As shown in the Inventory and Capacity chart In Table 3 on Page 13, the program capacity is also reflected in the capacity and enrollment comparison charts. (See Tables 5&5 A-B-C on pages 20-23) Enrollment is electronically reported to OSPI on Form P-223 on a monthly basis and funding apportionment is based on Annual Average FTE (AAFTE). The first school day of October is widely recognized as the enrollment "snapshot in time" to report enrollment for the year. Full Time Equivalent (FTE) student enrollment for October 2008 was 25,827.82. Kindergarten students are reported at 5 although many schools provide full day kindergarten ("FDK") with alternative funding for the second half of the day State-funded Full Day Kindergarten programs will report and project some Kindergarten students at 1 00 FTE at qualifying FDK schools. P-223 FTE excludes Early Childhood Education (preschool) students and College-only Running Start students (See Tables 5&SA-B-Conpages 20-23) In October there were 679 students in 11' and 12th grade participating in the Running Start program at 10-20 different colleges and receiving credits toward both high school and college graduation 334 of these students attended classes only at the college ("college-only") and are excluded from FTE and headcount for capacity and enrollment comparisons. Kent School District continues to be the fourth largest district in the state of Washington. P-223 Headcount for October 2008 was 26,831 with kindergarten students counted at 1 0 and excluding ECE and college-only Running Start students. A full headcount of all students enrolled in October 2008 totals 27,579 which includes ECE and college-only Running Start students. Based on the enrollment forecasts, current inventory and capacity, current standard of service, relocatable capacity, and future planned additional classroom space, the District anticipates having sufficient capacity to house students over the next six years. (See Table 5 and Tables 5 A-B-C on Pages 20-23) This does not mean that some schools will not experience overcrowding. There may be significant need for additional portables and/or new schools to accommodate growth within the District and class size reduction mandated under Student Achievement Initiative 728 Some schools, by design, may be opened with relocatables on site Boundary changes, limited and costly movement of relocatables, zoning changes, market conditions, and educational restructuring will all play a major role in addressing overcrowding and underutdization of facilities in different parts of the District. Kent School District Six-Year Capital Facilities Plan April 2009 Page 19 ' KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY TOTAL DISTRICT SCHOOL YEAR 2008-2009 2009-2010 1 2010-2011 2011-2012 1 2012-2013 2013-2014 1 2014-2015 Actual P R O 1 E C T E O Permanent Program Capacity ' 27,150 27,321 27,504 27,504 27,606 28,206 28,206 Changes to Permanent Capacity ' .� Classroom additions at Kentiake HS (F) 171 Classroom additions at Kent-Meridian HS (F) 79 MITI Creek MS Renovation-No new Capacity 2 Replacement schools ninth projected increase In capacity Panther Lake Elementary 3 (Funded) 500 To Replace current school capacity -396 Covington Elementary 3 (Unfunded) 600 To Replace current school capacity -498 New Elementary#31 (Funded) 600 Permanent Program Capacity Subtotal 27,321 27,504 27,504 27,606 28,206 28,206 28,206 Interim Relocatable Capacity Elementary Relocatable Capacity Required 0 120 288 408 96 480 840 Middle School Relocatable Capacity Required 4 0 0 0 0 0 0 0 Senior High Relocatable Capacity Required 0 0 0 0 0 0 0 Total Relocatable Capacity Required i &6 0 120 288 408 96 480 840 TOTAL CAPACITY ' 27,321 1 27,624 1 27,792 28,014 28,302 28,686 29,046 TOTAL FTE ENROLLMENT/PROJECTION 5 25,828 26,118 26,310 26,592 26,934 27,325 27,711 DISTRICT AVAILABLE CAPACITY 1,493 1,506 1,482 1,422 1,368 1,361 1,335 ' Capacity is based on standard of service for programs provided and updated periodically to reflect program changes 2 Phase I I of renovation continues for Mill Creek Middle School&Kent Technology Academy, (No new capacity added) 3 Replacement schools for Panther Lake&Covington Elementary will be built on new sites with increased capacity In Fall 2004, 9th grade moved to the high schools which increased capacity available at Middle School 7-8 grade levels 5 FTE=Full Time Equivalent Enrollment/Projections (l a 1/2 day Kindergarten student= 5&Full Day Kindergarten student=1 0 FTE) 6 2908-2009 total classroom relocatable capacity is 1,552 Kent School District Six-Year Capital Facilities Plan Table 5 April 2009 Page 20 KENT SCHOOL DISTRICT No. 415 ' PROJECTED ENROLLMENT and CAPACITY SENIOR HIGH - Grades 9 - 12 SCHOOL YEAR 2008-2009 2009-2010 1 2D10-2011 2D11-2012 1 2012-2013 2013-2014 2014-2015 Actual P R O J E C T E D Senior High Permanent Capacity' 8,515 8,686 8,765 8,765 8,765 8,765 8,765 Includes Kent Phoenix Academy 2 Chan es to High School Ca acit Classroom additions at Kendake HS (F) 171 Classroom additions at Kent-Mendian HS 79 and KM Technology Academy 3 (F) Subtotal 8,686 8,765 8,765 8,765 8,765 8,765 8,765 Relocatable Capacity Required 1 0 0 0 0 0 0 0 TOTAL CAPACITY 1 8,686 8,765 8,765 8,765 8,765 8,765 8,765 FTE ENROLLMENT 1 PROJECTION 4 8,333 8,248 8,268 8,286 8,289 8,330 8,394 SURPLUS DEFICIT CAPACITY 353 517 497 479 476 435 371 Number of Relocatables Required 0 0 0 0 0 0 0 No Classroom Relocatables required at this time Some Relocatables used for classroom and program purposes 1 Capacity is based on standard of service for programs provided and updated periodically to reflect program changes. 2 Sequoia Middle School was renovated and reconfigured as a new non-traditional high school, and re-opened in Fall 2007 as Kent Phoenix Academy serving grades 9- 12 with four special programs 3 KM added a new high school Technology Academy program in 2007 serving students in grades 9- 10 in 2008-09 4 FTE =Approximate Full Time Equivalent Enrollment or projections, excluding College-only Running Start students Kent School District Six-Year Capital Facilities Plan Table 5 A April 2009 Page 21 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY MIDDLE SCHOOL - Grades 7 - 8 SCHOOL YEAR 2008-2009 2009-201C 201C-2011 2011-2012 2012-2013 2013-2014 2014-2015 Actual P R O J E C T E D ^Y 1 Middle School Permanent Capacity' 5,207 5,207 5,207 5,207 5,207 5,207 5,207 Changes to Middle School Capacit 4 Mill Creek MS&Kent Technology Academy are open during Phase 2 of Renovation (No new capacity added in Subtotal 5,207 5,207 5,207 5,207 5,207 5,207 5,207 �+ Relocatable Capacity Required ' 0 0 0 0 0 0 0 TOTAL CAPACITY 183 5,207 5,207 5,207 5,207 5,207 5,207 5,207 FTE ENROLLMENT/PROJECTION 2 4,260 4,227 4,240 4,274 4,323 4,290 4,256 SURPLUS (DEFICIT) CAPACITY' 947 980 967 933 884 917 951 No Classroom Relocatables required at middle schools at this time Some Relocatables used for classroom and program purposes Capacity is based on standard of service for programs provided and updated periodically to reflect program changes I 2 FTE = Approximate Full Time Equivalent Enrollment or Projections 3 Grade level reconfiguration-All 9th grade students moved to the high schools in Fall 2004 4 Mill Creek Middle School &Technology Academy- Kent Junior High was renovated and re-opened in Fall 2005 with a Technology Academy serving 7th & 8th grade students from all service areas Phase I I of Mill Creek renovation continues in 2008-09 and the school is open during construction 5 Middle School capacity meets concurrency requirements and no impact fees are collected for middle schools Kent School District six-Year Capital Facilities Plan Table 5 B April 2009 Page 22 KENT SCHOOL DISTRICT No.415 PROJECTED ENROLLMENT and CAPACITY ELEMENTARY - Grades K - 6 SCHOOL YEAR 2008-2009 2009-2010 2010-2011 1 2011-2012 2012-2013 2013-2014 1 2014-2015 Actual P R . O J E C T E D Elementary Permanent Capacity 1 13,012 13,428 13 532 13,532 13,634 14,234 14,234 Kent Mountain View Academy 2 416 Changes to Elementary Capacity I Replacement schools with projected increase in capacity Panther Lake Elementary 4 (Funded) 500 Replaces current school capacity -396 Covington Elementary 4 (Unfunded) 600 Replaces current Covington Elem capacity -498 New Elementary#31 (Funded)5 600 Subtotal 13,428 13,532 13,532 13,634 14,234 14,234 14,234 Relocatable Capacity Required 1 0 120 288 408 96 480 840 TOTAL CAPACITY 2 13,428 13,652 13,820 14,042 14,330 14,714 15,074 FTE ENROLLMENT/PROJECTION 9 13,235 13,643 13,802 14,032 14,322 14,705 15,061 SURPLUS (DEFICIT) CAPACITY 193 9 18 10 8 9 13 Number of Relocatables Required 0 5 13 17 4 20 35 35 Classroom Relocatables required in 2014-15 Some additional Relocatables used for program purposes 1 Capacity is based on standard of service for programs provided and is updated periodically to reflect program changes 2 Kent Mountain View Academy is a special program at the former Grandview School serving students in Grades 3- 12, The school building (formerly Kent Learning Center&Grandview Elem )was designed as an elementary school 3 FTE=Approximate Full Time Equivalent Enrollment or Projections(Kindergarten @ 5 or 1 0&excluding ECE) Kindergarten projection,s at 5 FTE for Half Day Kindergarten programs or optional Tuition-based Full Day Kindergarten Kindergarten projection is at 1 0 FTE for Full Day Kindergarten programs funded by state apportionment or grants 4 Replacement schools for Panther Lake&Covington Elementary will be built on new sites with increased capacity s Site selection and construction timing for Elementary#31 is pending review of location and capacity needs Kent School District Six-Year Capital Facilities Plan Table 5 C April 2009 Page 23 V I I I Finance Plan The finance plan shown on Table 6 demonstrates how the Kent School District plans to finance Improvements for the years 2009 - 2010 through 2014 - 2015. The financing components Include secured and unsecured funding and Impact fees. The plan is based on voter approval of future bond issues, collection of Impact fees under the State Growth Management Act and voluntary mitigation fees paid pursuant to State Environmental Policy Act Voters approved a $69 5 million bond issue for Capital Construction and Improvements in February 2002. The bond issue partially funded building additions at three high schools which coincided with moving 9th grade students from junior high to senior high schools in September 2004 The District received some District Equalization funds (formerly known as "state matching funds") and has utilized impact fees for the senior high additions. In February 2006, voters approved a $106 million bond issue for replacement of Panther Lake Elementary School with increased capacity, as well as construction of a new elementary school to accommodate growth The new Panther Lake Elementary School is under construction and will be open in Fall 2009. The bond issue also funded Phase II of the renovation for Mill Creek Middle School and renovation of Sequoia Middle School for reconfiguration as a new non-traditional high school. Kent Phoenix Academy opened at the former Sequoia Middle School site in September 2007 2006 construction funding approval also provided for some additional classrooms to be constructed at Kentlake and Kent-Meridian High Schools. Some impact fees will be utilized for the new construction that will increase capacity. Enrollment protections reflect future need for additional capacity at the elementary level and unfunded facility needs will be reviewed in the future. Some funding is secured for additional portables and some will be funded from impact fees. For the Six-Year Finance Plan, costs of future schools are based on estimates from Kent School District Facilities Department Please see pages 26-27 for a summary of the cost basis. Kent School District Six-Year Capital Facilities Plan April 2009 Page 24 O O O co O O O O M o O O O co _ O NO O O p �N N O O O N O h IA a o �n m gi n n In N 'V ui to O N 69 a LL 63 e9 64 f9 69 M W � M N M O� V p O O c d N N O O p J N O E N (D 00 N N C m O N� 69CN O O O O O O N �p O O coCL O Oo OMy IOCJ O N Q O �mp l0 Go N N U f9 64 N 69 Vf �M�}} O60EA yj J O O ' O O O O cc1 J o C p o 0 0 0 0 o N o Op V O� M N Itl t0 N c0 O N 69 Vi N Vf N M 69 p V N YY Z Q m E f- a V W N b09 w 7U m mO W N 00 p O U O O O O N 00 O « 04 O N M N N j V } bM9 M N LL N x Z N O O N Cl) O W O N py O U N Y N N N 3 C cl N N N E N 69 d ; ? E O O ❑ O N N c N N v 7 U N D 69 tN9 LL n m N O m C O O O u p O W O O O_ O O o O Gl y R O C O O N tp U C 0 ac L a -'o s a w `v» 2 E L d u m � * LL LL LL LL LL D LL N O 0 O LL 3 H E 3 d c E a� J N t m V 'C O (n V m 3 U C m U) w �� My E W M NLLJ yy m J U N = U d J O C u O Q �p O ul V n G Q LL N C LL C1 w Q mym O 0.. C w IO N 15 LL 2 '0 a, N } O 2 .9 II W m _N O w m E m c O z E a Z m w m _ d c g m y ,y Cl) O c w m 0 d a mLLI w J • m w x c a_ LL Q C oo o yH yY`c > E LL m H LL U lL Q a a U w w N „O+ Y V I I I Finance Plan - Cost Basis Summary For impact fee calculations, construction costs are based on cost of the last elementary school, adjusted for inflation, and projected cost of the next elementary school. Elementary School Cost Protected Cost Millennium Elementary 430 Opened in 2000 $12,182,768 Cost of Panther Lake Elementary Replacement (To open in 2009) $26,700,000 Projected cost - Covington Elementary Replacement (Projected to open in 2011) $28,900,000 Projected cost of Elementary #31 in 2012 $30,320,000 Average cost of Covington Elem. replacement & Elementary #31 $29,610,000 Construction cost of the additions to two high schools: Senior High School Additions Projected Cost Total 2008 Addition to Kentlake High School $5,700,000 2009 Addition to Kent-Meridian HS $2,500,000 Construction cost of new HS capacity $8,200,000 Site Acquisition Cost The site acquisition cost is based on an average cost of sites purchased or built on within the last ten years. Please see Table 7 on page 27 for a list of site acquisition costs and averages. District Adjustment The impact fee calculations on pages 29 and 30 include a "District Adjustment" which is equal to the amount of increase that the impact fee formulas drive out for this year and adjusted for increase in the Consumer Price Index. Kent School District Six-Year Capital Facilities Plan April 2009 Page 26 Q ° m 0 < m a U Cl) m ° or w j 00 m (D Q Q > N N � � a, N N m Q V) E V3 V> _ O N ° d o U Q W h a) m d O N x 00 d' N N Q 04 m M 00 00 O �' N i6 N r O lD CO O -t co N 0 o ti O N N V N e m ka Q co O Cl) 00 co C N M N ON N CDr N O m m r N O O O O c- (0 U LQ 00 0) P, LO V M M O c~ O O 0 ° V d O O (O CA V M O M U O V! 69 V) to °0 r b�9 V! 609 V3 V) U�, m .M- N � m m V O � It N M O M O w .t- O p O O 0) d r m LO O O m CD1-° Q r r N CV) (0 V 40 T N _ Lo @ N C N Z + o a mLo a a U ; N ol v N V c ch rn N U) g c D_ Cl) 06 O c o c O m IU) r- O c� c U aci inco v y _ V/ m J d W N (n _- COG x 0) v S St� w O 1p v1Di w a o J N N 0 � N m N lO O a' (0 U) 1f) n C N f7 w U) r O V L N O . a 7 W z o e w V Q 3 N U) N CL a z V1 .�_• a m o g 8 o c N M m a0 co 0 m m m W O ? N N r N O Q OI 0 N N YO O Y 0) > ° N ° 0 0 � y Q � D a c o cLi cn o v p c m } c` =� ° m o m o o m h O c Q ° in t t w i/7 E ° a� m W L) N a o c n Z d m c Od O c Y O ° U O C a m O s m U ;Z° o o 0 ixnc YO Qg a m� c t U� Z'C o c tm ryryv03 a a) U ° W Y L r = C Q m m O d m Z` -o � O = m o o o' `o E 0 s ti m 0) O 3 o CL U > c t r 2 3 o c ci = w W } E (> N = o N N m a 0 a lil Z Y Y Y o U) O of m @ m Q g m ca 2 m c c c c CO a S a = m d m m m o m £ > m £ ° E a > > c E ? O `o O O O Z O 0; 0! 0: j F 0 7 C E It 11J N a N Z e O� n Op N m Y IKENT SCHOOL DISTRICT FACTORS FOR ESTIMATED IMPACT FEE CALCULATIONS Student Generation Factors -Single Family Student Generation Factors -Multi-Family Elementary (Grades K- 6) 0 445 Elementary 0 296 Middle School (Grades 7 - 8) 0 118 Middle School 0 075 Senior High (Grades 9 - 12) 0 245 Senior High 0 111 Total 0 808 Total 0 482 Projected Increased Student Capacity OSPI -Square Footage per Student Elementary 600 Elementary 90 Middle School 900 Middle School 117 Senior High 250 Senior High 130 Special Education 144 Required Site Acreage per Facility Elementary (required) 11 Average Site Cost/Acre Middle School (required) 21 Elementary $287,573 Senior High (required) 32 Middle School $0 Senior High $0 New Facility Construction Cost Elementary $29,610,000 Temporary Facility Capacity & Cost Middle School $0 Elementary @ 24 $123,430 Senior High ' $8,200,000 Middle School @ 29 $0 ` See cost basis on Pg 26 Senior High @ 31 $0 Temporary Facility Square Footage State Equalization Credit(formerly'State Match') Elementary 73,748 Current District Equalization Percentage 55 78% Middle School 18,544 Senior High 22,960 Total 3% 115,252 Area Cost Allowance ACA-Cost/Sq. Ft. Area Cost Allowance(Effective July 08) $168 79 Permanent Facility Square Footage Elementary 1,475,936 Middle School 660,904 District Average Assessed Value Senior High 1,121,963 Single Family Residence S348,876 Total 97% 3,258,803 Total Facilities Square Footage District Average Assessed Value Elementary 1,549,684 Multi-Family Residence $121,557 Middle School 679,448 Apartments 71%Condos 29% Senior High 1,144,923 Total 3,374,055 Capital Levy Tax Ratel$1,000 Current 1$1,000 Tax Rate(1 73255) $1 73 Developer Provided Sites/Facilities Value 0 General Obligation Bond Interest Rate Dwelling Units 0 Current Bond Interest Rate 4 96% Kent School District Six-Year Capital Facilities Plan April 2009 Page 28 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for SINGLE FAMILY RESIDENCE Site Acquisition Cost per Single Family Residence Formula ((Acres x Cost per Acre)I Facility Capacity)x Student Generation Factor Required Site Acreage I Average Site Cost/Acre I Facility Capacity Student Factor A 1 (Elementary) 11 $287,573 600 0 445 $2,346 12 A 2 (Middle School) 21 $0 1,065 0 118 $0 A 3 (Senior High) 32 $0 1,000 0 245 $0 0 808 A ` $2,34612 Permanent Facility Construction Cost per Single Family Residence Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construction Cost Facility Capacity Student Factor Footage Ratao B 1 (Elementary) $29,610,000 600 0 445 097 $21,301 93 B 2 (Middle School) $0 900 0 118 097 $0 B 3 (Senior High) $8,200,000 250 0 245 097 $7,794 92 0 808 B $29,096 85 Temporary Facility Cost per Single Family Residence Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary 1 Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor Footage Ratio C 1 (Elementary) $123,430 24 0 445 003 $68 66 C 2 (Middle School) $0 29 0 118 003 $0 C 3 (Senior High) $0 31 0 245 003 $0 0 803 C K> $68 66 District Equalization Credit per Single Family Residence (formerly"State Match") Formula Area Cost Allowance x SPI Square Feet per student x District Equalization% x Student Factor Area Cost Allowance SPI Sq Ft I Student Equalization% Student Faclor D 1 (Elementary) $168 79 90 05578 0 445 $3,770 75 D 2 (Middle School) $168 79 117 0 0 118 $0 D 3 (Senior High) $168 79 130 05578 0 245 $2,998 71 D b $6,769 46 Tax Credit per Single Family Residence Average SF Residential Assessed Value $348,876 Current Capital Levy Rate 1$1,000 $1 73 Current Bond Interest Rate 4 96% Years Amortized (10 Years) 10 TC a $4,675 66 Developer Provided Facility Credit Facility/Site Value Dwelling units 0 0 FC b 0 Fee Recap A = Site Acquisition per SF Residence $2,346 12 B = Permanent Facility Cost per Residence $29,096 85 C = Temporary Facility Cost per Residence S68 66 Subtotal $31,511 62 D = State Match Credit per Residence $6,769 46 TC=Tax Credit per Residence $4,675 66 Subtotal $11,445 12 Total Unfunded Need $20,066 50 50%Developer Fee Obligation $10,033 FC=Facility Credit(if applicable) 0 District Adjustment (See Page 26 for explanation) ($4,639) Net Fee Obligation per Single Family Residence $5,394 Kent School District Six-Year Capital Facilities Plan April 2009 Page 29 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for MULTI-FAMILY RESIDENCE Site Acquisition Cost per Multi-Family Residence Unit Formula ((Acres x Cost per Acre)I Facility Capacity)x Student Generation Factor Required Site Acreage Average Site CosL'Aere I Facility Capacity Student Factor A 1 (Elementary) 11 $287,573 500 0 296 $1,872 68 A 2 (Middle School) 21 $0 1,065 0 D75 $0 A 3 (Senior High) 32 $0 1,000 0111 $0 0 482 A b $1,872 68 Permanent Facility Construction Cost per Multi-Family Residence Unit Formula ((Faciitty Cost!Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construction Cost Facility Capacity Student Factor Footage Ratio B 1 (Elementary) $29,610,000 600 0 296 097 $14,169 37 B 2 (Middle School) $0 900 0 075 D 97 $0 B 3 (Senior High) $8,200,000 250 0 111 097 $3,531 58 0 482 B b $17,700 95 Temporary Facility Cost per Multi-Family Residence Unit Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor Footage Rato C 1 (Elementary) $123,430 24 0296 003 $45.67 C 2 (Middle School) $o 29 0 075 003 $0 C 3 (Senior High) $0 31 0 111 003 $0 0 482 C $45 67 District Equalization Credit per Multi-Family Residence (formerly"State Match") Formula Area Cost Allowance x SPI Square Feet per student x District Equalization% x Student Factor Area Cost Allowance SPI Sq Ft I Student Equalization% Student Facor D 1 (Elementary) $168 79 90 05578 0 296 $2,508 18 D 2 (Middle School) $168 79 117 0 0 075 $0 D 3 (Senior High) $168 79 130 05578 0 111 $1,358 60 D K $3,866 78 Tax Credit per Multi-Family Residence Unit Average MF Residential Assessed Value $121,557 Current Capital Levy Rate 1$1,000 $1 73 Current Bond Interest Rate 4 96% Years Amortized (10 Years) 10 TC b $1,363 29 Developer Provided Facility Credit Facility/Site Value Dwelling Units 0 0 FC -0 0 Fee Recap A = Site Acquisition per Multi-Family Unit $1,872 68 B = Permanent Facility Cost per MF Unit $17,700 95 C = Temporary Facility Cost per MF Unit $45 67 Subtotal $19,619 29 D = State Match Credit per MF Unit $3,866 78 TC=Tax Credit per MF Unit $1,363 29 Subtotal $5,230 07 Total Unfunded Need $14,389 22 50%Developer Fee Obligation $7,195 FC=Facility Credit(if applicable) 0 District Adjustment (See Page 26 for explanation) ($3,873) Net Fee Obligation per Multi-Family Residence Unit $3,322 Kent School District Six-Year Capital Facilities Plan April 2009 Page 30 IX Summary of Changes to April 2008 Capital Facilities Plan The Capital Facilities Plan (the "Plan") is updated annually based on previous Plans in effect since 1993. The primary changes from the April 2008 Plan are summarized here Projects in progress Include replacement and expansion of Panther Lake and Covington Elementary schools, a future new elementary school, classroom additions at high schools to accommodate new growth, renovation for Kent Phoenix Academy and Phase II of the renovation at Mill Creek Middle School Changes to capacity continue to reflect fluctuations in class size as well as program changes. Reduction in class size and extended learning opportunities 1 for Student Achievement Initiative 728 are reflected in this update. Changes in relocatables or transitional capacity reflect use, purchase, sale, surplus and/or movement between facilities. Permanent and temporary facility ratio has changed from 96 — 4% to 97 — 3% The student enrollment forecast is updated annually. Six-year Kindergarten projections were modified to meet the requirements for State Funded Full Day Kindergarten programs The district expects to receive some state equalization (formerly "matching") funds for projects in this Plan and tax credit factors are updated annually. Biennieal update of student generation rates was reported last year Unfunded site and facility needs will be reviewed in the future. Changes to Impact Fee Calculation Factors include: ITEM Grade/Type FROM TO Comments Student Generation Factor Elem 0 445 0 445 No Change—Update in 2010 Single Family(SF) MS 0 118 0 118 " SH 0 245 0 245 " Total 0 808 0 808 No Change—Biennial Update Student Generation Factor Elem 0 296 0 296 No Change—Update in 2010 Multi-Family (MF) Ms 0075 0 075 " SH 0 111 0 111 Total 0 482 0 482 No Change—Biennial Update DlstriCt Equalization Ratios (former State Match) 57 06% 55 78% Per OSPI Website Area Cost Allowance (former Boeckh Index) $168 79 $168 79 Per OSPI Website Average Assessed Valuation (AV) SF $316 091 $348,876 Per Puget Sound ESD AV-Average of Condominiums &Apts. MF $102 465 $121,557 Per Puget Sound ESD Debt Service Capital Levy Rate/$1000 $1 73 $1 73 Per King Co Assessor Report General Obligation Bond Interest Rate 5 11% 4 96% Market Rate Impact Fee- Single Family SF $5,304 $5,394 Change to fee+S90 ImpactFee- Multi-Family MF $3,266 $3,322 Change to fee+$56 Kent School District Six-Year Capital Facilities Plan April 2009 Page 31 II' X Appendixes Appendix A: Calculations of Capacities for Elementary Schools Appendix B: Calculations of Capacities for Middle Schools Appendix C: Calculations of Capacities for Senior High Schools Appendix D: Use of Relocatables Appendix E: Student Generation Factor Survey i Kent School District Six-Year Capital Facilities Plan April 2009 Page 32 m p a Q m c f E g cq. 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O O (0 r co r M r O O N t� o O O M ro I M t0 M H r O O O r N O O O O O O G F O O O O r p O O C [n p O t0 N � N r (p N M T N r NI _ N N N M ^ V NMM = N NLO LO N N O OM 0 V N O T cn (p T C coN N O N r N Oi N C � � � r n O) O Z (D zZ) F— aEi 0) o rn o n o v rn r o r M U00W 00 v v ti N M v N co � W N � N N D e r M 0 u U) C tOD r N ri D) n coN N °r M a0 � Mco Q O M N f` O r M f` M � F O r LO M OD ti w N r T J m LU O O c r O O 0) r V 000 O c N N N N N H 7 M N r r T H D T U c CO ZN ami O U tr M 3 � -� w 0 3 3 m O Z Z x LU E U cn (n U = U z U E ¢ U w 0 w w a M c7 m m Y w uw c m 1 � O C ~ ~ O C U N O CD d 0 Q. m U Y d O o �, 0 CL 0 0 > m 3 c 41 > Y C _ N m ixC O C C Q O r d Y ° Y a Y Y Y E N c c T > c m 3 0 c cu Y c Y c m Q) 5; 3 0 0 E U E .3 Y m c ca m O m O m p , c c O LL. N Y Y w z B U U c Z c R m E m m U > > 'a oD N m o m > E 0 a zE m c x � h m (a 3 c 1° m aci Y U m @q 3 ��aOO Q m C_ N m w O O O` LIl R• Y 4 H O 0 M y y = y m �n ul a 3 O_ T� a m C N C N N Y m0 0 Y U QO E $� O m @ U U m y o Mn. `3 -0 0 � L� o a Y m m a o E m m o'L $ m a m U w L . tL Y a cy 0 1— F- ¢ m w a 8f rn in # m can v v e e w w DETERMINATION OF NONSIGNIFICANCE for 1 Kent School District No 415 2009 Capital Facilities Plan Issued with a 14-day comment and appeal period. Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single action 1 The adoption of the Kent School District 2009 Six-Year Capital Facilities Plan by the Kent School District for the purposes of planning for the facilities needs of the District 2. The amendment of the King County Comprehensive Plan to include the Kent School District 2009 Capital Facilities Plan as a part of the Capital Facilities Plan Element of the King County Comprehensive Plan 3. The amendment of the Comprehensive Plan of the City of Kent to include the Kent School Districts 2009 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Kent 4 The amendment of the Comprehensive Plan of the City of Covington to include the Kent School District's 2009 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Covington 5. The amendment of the Comprehensive Plan of the City of Auburn to include the Kent School District's 2009 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Auburn. 6. The amendment of the Comprehensive Plan of the City of Renton to include the Kent School District's 2009 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Renton 7 This proposal may also involve amendment of Comprehensive Plans of the Cities of Maple Valley, Black Diamond, and/or SeaTac to incorporate the Kent School District 2009 Capital Facilities Plan into the Capital Facilities element of that jurisdiction's Comprenensive Plan Proponent Kent School District No. 415 Location of the Proposal- The Kent School District includes an area of approximately 72 square miles The City of Covington and portions of the cities of Kent, Auburn, Renton, Black Diamond, Maple Valley, and SeaTac fall within the District's boundaries, as do parts of unincorporated King County. Lead Agency: Kent School District No 415 is the lead agency pursuant to WAC 197-11-926 The lead agency for this proposal has determined that the proposal does not pose a probable significant adverse impact to the environment An environmental impact statement (EIS) is not required under RCW 43 21 C 030 (2) (c) This decision was made after a review of the completed environmental checklist and other information on file with the lead agency This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340(2) The lead agency will not act on this proposal for 14 days from the date of issue Comments must be submitted by 4:00 p.m., June 19, 2009 The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible Official � �/ '`�` ~✓ Fred Assistant Superintendent for Business Services Kent School District No 415 Telephone- (253) 373-7295 Address- 12033 SE 256th Street#A-600 Kent, Washington 98030-6643 Appeals of this determination are governed by Board Policy No 9280 which can be obtained from Fred High, Assistant Superintendent for Business Services, Kent School District No 415, 12033 SE 256th Street #A-600, Kent, Washington 98030-6643 and pursuant to WAC 197-11- 680 and RCW 43.21 C 075 Date of Issue- June 5, 2009 Date Published June 5, 2009 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist The State Environmental Policy Act (SEPA), chapter 43 21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants- This environmental checklist asks you to describe some basic information about your proposal Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can You must answer each question accurately and carefully, to the best of your knowledge In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply " Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations Answer these questions if you can. If you have problems, the governmental agencies can assist you The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land Attach any additional information that will help describe your proposal or its environmental effects The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact Use of checklist for nonprofect proposals. Complete this checklist for nonprofect proposals, even though questions may be answered "does not apply" In addition, complete the Supplemental Sheet for nonprofect actions (part D). For nonprofect actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "prepares," and "affected geographic area," respectively 1 i A. BACKGROUND 1. Name of proposed project, if applicable The adoption of a six-year Capital Facilities Plan by the Kent School District The Comprehensive Plans of King County, City of Kent, City of Covington, City of Renton, City of Auburn and possibly Cities of Maple Valley, Black Diamond and SeaTac have been and/or will be amended to include the Kent School District 2009 Capital Facilities Plan in the Capital Facilities Plan Element of each jurisdiction's Comprehensive Plan A copy of the District's Plan is available for review in the District Finance & Planning Department 2. Name of applicant- Kent School District No 415 3 Address and phone number of applicant and contact person. Kent School District No. 415 12033 SE 256th Street #A-600 Kent, WA 98030-6643 Contact Person. Fred H High, Assistant Superintendent for Business Services Telephone (253) 373-7295 4. Date checklist prepared June 2, 2009 5. Agency requesting checklisfi Kent School District No. 415 6. Proposed timing or schedule (including phasing, if applicable): The 2009 Kent School District Capital Facilities Plan is scheduled to be adopted in July, 2009 and forwarded to King County, Cities of Kent, Covington, Auburn, Renton, Maple Valley, Black Diamond, and SeaTac for possible inclusion in each jurisdiction's Comprehensive Plan The Capital Facilities Plan will be updated annually Site-specific projects have been or will be subject to project-specific environmental review 7 Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain The Capital Facilities Plan reviews additions to existing high schools, renovations at Mill Creek Middle School and Kent Phoenix Academy, construction replacing Panther Lake Elementary School and proposes construction of a new elementary school and a replacement of Covington Elementary School 2 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal The above-referenced protects will undergo environmental review at the time of formal proposal 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain No 10. List any government approvals or permits that will be needed for your proposal, if known. King County and Cities of Kent, Covington and Auburn will review and approve the Capital Facilities Plan for the purposes of impact fee ordinances and will need to adopt the Plan as an amendment to the Capital Facilities Plan element of the Comprehensive Plans of King County and Cities of Kent, Covington, Renton and Auburn Cities of Maple Valley, Black Diamond, and SeaTac may also review and approve the Plan for the purposes of any school impact fee ordinances and may adopt the Plan as an amendment to the Capital Facilities element of tneir Comprehensive Plans 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the protect and site There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page (Lead agencies may modify this form to include additional specific information on protect description.) This is a non-protect action. This proposal involves the adoption of the Kent School District 2009 Capital Facilities Plan for the purpose of planning the facilities needs of the District and for inclusion in the Capital Facilities Plan element and possible amendment of the Comprehensive Plans for King County, City of Covington, City of Kent, City of Renton, City of Auburn, City of SeaTac, City of Maple Valley and City of Black Diamond A copy of the Capital Facilities Plan may be viewed at the Kent School District Business Services Department office. J 12 Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed protect, including a street address if any, and section, township, and range, if known If a proposal would occur over a range of area, provide the range or boundaries of the site(s) Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist The 2009 Capital Facilities Plan will affect the Kent School District The District includes an area of approximately 72 square miles The City of Covington, and portions of the Cities of Kent, Auburn, Renton, Black Diamond, Maple Valley, SeaTac and parts of unincorporated King County fall within the District's boundaries. 3 B. ENVIRONMENTAL ELEMENTS 1. Earth a General description of the site (circle one) Flat, rolling, hilly, steep slopes, mountainous, other The Kent School District is comprised of a variety of topographic land forms and gradients, including all of those listed Specific topographic characteristics will be identified during the planning and permit process for each capital protect b. What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics will be identified during the planning and permit process for each capital project c. What general types of sods are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural sods, specify them and note any prime farmland Specific soil types will be identified during the planning and permit process for each capital project d. Are there surface indications or history of unstable sods in the immediate vicinity? If so, describe Unstable sods may exist within the Kent School District Specific sod limitations on individual project sites will be identified at the time of environmental review e. Describe the purpose, type, and approximate quantities of any filling or grading proposed Indicate source of fill Individual projects included in the Capital Facilities Plan will be subject to project- 1 specific environmental review and local approval at the time of proposal Proposed grading projects, as well as the purpose, type, quantity, and source of fill materials will be identified as appropriate to each project f Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of construction projects currently , proposed in the Capital Facilities Plan Individual projects and their erosion impacts will be evaluated on a site-specific basis Individual projects will be subject to environmental review and local approval on the time of proposal. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings?) Percentage of impervious cover will vary with each capital facilities project and will be addressed during project-specific environmental review. t h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Erosion potential on individual project sites will be addressed during project-specific environmental review Relevant erosion reduction and control requirements will be met 2. Air a. What types of emissions to the air would result from the proposal (i e , dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known Various emissions, many construction-related, may result from individual projects Air-quality impacts will be evaluated during project-specific environmental review Please see the Supplemental Sheet for Nonproject Actions b Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Off-site sources and necessary mitigation will be addressed during project-specific environmental review c. Proposed measures to reduce or control emissions or other impacts to air, if any: Plans for individual projects included in the Capital Facilities Plan have been or will be subject to environmental review and relevant local approval processes, including obtaining of any necessary air quality permits, at the time individual projects are formally proposed Please see the Supplemental Sheet for Nonproject Actions. 3. Water ja. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names If appropriate, state what stream or river it flows into There is a network of surface water bodies within the Kent School District The surface water regimes and flow patterns have been or will be researched and incorporated in the design of each individual project. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes please describe and attach available plans Some projects may require work near these described waters Individual projects in the Capital Facilities Plan will be subject to environmental review and local approval requirements at the time the project is formally proposed 5 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material Information with respect to placement or removal of fill or dredge material will be addressed at the time of project-specific environmental review Applicable local regulations have been or will be satisfied. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known Any surface water withdrawals or diversions have been or will be addressed during protect-specific environmental review 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan Each capital facilities project, if located in a floodplain area,will be required to meet applicable local regulations for flood areas. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge Specific information regarding discharges of waste materials, if any, will be addressed during project-specific environmental review. Please see the Supplemental Sheet for Nonproject Actions. b Ground. 1) Will ground water be withdrawn, or will water be discharged to ground 1 water? Give general description, purpose, and approximate quantities if known. Individual projects included in the Capital Facilities Plan may impact ground water resources Each project will be evaluated during project-specific environmental review Applicable local regulations have been or will be satisfied Please see the Supplemental Sheet for Nonproject Actions 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example Domestic sewage, industrial, containing the following chemicals . ., agricultural, etc ) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve Impacts of discharged waste material, if any, have been or will be addressed during site-specific, project-level environmental review 6 c Water Runoff (including storm water), 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe Individual protects included in the Capital Facilities Plan may have varying storm water runoff consequences Each project will be subject to environmental review and applicable local regulations 2) Could waste materials enter ground or surface waters? If so, generally describe Individual projects included in the Capital Facilities Plan will have varying environmental impacts and will be subject to appropriate review and local regulations prior to construction. Information regarding waste materials will be presented at the time of such review Please see the Supplemental Sheet for Nonproject Actions d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any Specific measures to reduce or control runoff impacts have been or will be developed on a project-specific basis in cooperation with the appropriate jurisdiction 4. Plants: a. Check or circle types of vegetation found on the site- ' _ deciduous tree* alder, maple, aspen, other evergreen tree fir, cedar, pine, other - shrubs grass pasture _ crop or grain — wet sod plants cattail, buttercup, bulrush, skunk cabbage, other water plants water lily, eelgrass, mdfoil, other other types of vegetation There are various vegetative zones within the Kent School District. An inventory of species has been or will be produced as part of project-specific environmental review b. What kind and amount of vegetation will be removed or altered? 7 Impacts on vegetation will be determined at the time of project-specific environmental review at the time the project is formally proposed Please see the Supplemental Sheet for Nonproject Actions 1 c. List threatened or endangered species known to be on or near the site Specific impacts to these species from individual projects has been or will be determined at the time of project proposal and will be addressed during site-specific, project-level environmental review , d Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any Individual projects included in the Capital Facilities Plan will be subject to environmental review and local approval at the time of project proposal 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site* birds hawk, heron, eagle, songbirds, other mammals deer, bear, elk, beaver, other. fish bass, salmon, trout, herring, shellfish, other, An inventory of species observed on or near sites has been or will be developed , during project-specific environmental review. b. List any threatened or endangered species known to be on or near the site Specific impacts to these species from individual projects will be determined at the time of project proposal and will be reviewed in cooperation with the affected jurisdictions , c. Is the site part of a migration route? If so, explain Impacts on migration routes, if any, will be addressed during site-specific, project- level environmental review B d. Proposed measures to preserve or enhance wildlife, if any* Appropriate measures to preserve or enhance wildlife have been or will be determined at the time of site-specific, project-level environmental review 6. Energy and Natural Resources: a What kinds of energy (electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires a life-cycle cost analysis of all heating, lighting, and insulating systems prior to allowing specific projects to proceed Energy needs will be decided at the time of specific engineering and site design planning Please see the Supplemental Sheet for Nonproject Actions b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. IIndividual projects of this Capital Facilities Plan will be evaluated as to their impact on the solar potential of adjacent projects during environmental review c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: tEnergy conservation measures will be considered at the project-specific design phase and environmental review 7. Environmental Health ia. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe Please see the Supplemental Sheet for Nonproject Actions, 1) Describe special emergency services that might be required. Please see the Supplemental Sheet for Nonproject Actions 2) Proposed measures to reduce or control environmental health hazards, if any- Proposed projects will comply with all current codes, standards, and rules and regulations Individual projects have been or will be subject to environmental review and local approval at the time of formal submittal 9 b. Noise. 1) What types of noise exist in the area which may affect your project (for example. traffic, equipment, operation, other)? A variety of noises exist within the Kent School District. Specific noise sources have been or will be identified during project-specific environmental review j 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example, traffic, construction, operation, other)? Indicate what hours noise would come from the site Normal construction noises would exist on a short-term basis during school construction There could be an increase in traffic or operations-related noise which would be addressed during project specific environmental review Please see the Supplemental Sheet for Nonproject Actions. 3) Proposed measures to reduce or control noise impacts, if any. Project noise impacts have been or will be evaluated and mitigated during the project-specific environmental review. Each project is or will be subject to applicable local regulations. 8. Land and Shoreline Use- a What is the current use of the site and adjacent properties? There are a variety of land uses within the Kent School District, including residential, commercial, industrial, institutional, utility, agricultural, forestry, open space, recreational, etc. b Has the site been used for agriculture? If so, describe. This question will be addressed during site-specific, project-level environmental review c Describe any structures on the site. Structures located on proposed sites have been or will be identified and described during project-specific environmental review when appropriate d Will any structures be demolished? If so, what? Structures to be demolished, if any, will be identified as part of the project-specific environmental review process e. What is the current zoning classification of the site? 10 There are a variety of zoning classifications within the Kent School District Site specific zoning information has been or will be identified during project-specific environmental review. f What is the current comprehensive plan designation of the site? An inventory of comprehensive plan designations has been or will be completed during project-specific environmental review g If applicable, what is the current shoreline master program designation of the site? Any shoreline master program designations have been or will be identified during project-specific environmental review h Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Environmentally sensitive areas, if any, will be identified during project-specific environmental review. i. Approximately how many people would reside or work in the completed project? This information has been or will be provided at the time of protect-specific environmental review. ij Approximately how many people would the completed project displace? It is not anticipated that proposed projects will displace any people Displacement of people. if any, will be evaluated during project-specific environmental review k Proposed measures to avoid or reduce displacement impacts, if any Individual projects included in the Capital Facilities Plan will be subject to project- specific environmental review and local approval at the time the project is formally proposed I Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any Compatibility of the proposal and specific projects with existing uses and plans have ' been or will be assessed as part of the comprehensive planning process and during project-specific environmental review, 9. Housing. a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing No housing units would be provided 11 b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing Any impact of project proposals on existing housing have been or would be evaluated during project-specific environmental review procedures c. Proposed measures to reduce or control housing impacts, if any: Measures to reduce or control any housing impacts have been or will be addressed during site-specific, project-level environmental review. 10 Aesthetics- a. What is the tallest height of any proposed structure(s), not including antennas, what is the principal exterior building material(s) proposed? Aesthetic impacts have been or will be determined at the time of site-specific, project- level environmental review b What views in the immediate vicinity would be altered or obstructed? Aesthetic impacts have been or will be determined at the time of site-specific, project- level environmental review c Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control aesthetic impacts have been or will be determined at the time of project-specific environmental review 11. Light and Glare: t a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light or glare impacts have been or will be determined at the time of project-specific environmental review b. Could light or glare from the finished project be a safety hazard or interfere with views? Light or glare impacts have been or will be determined at the time of project-specific environmental review c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare have been or will be evaluated at the time of project T specific environmental review 12 d Proposed measures to reduce or control light and glare impacts, if any- Mitigation of light and glare impacts has been or will be addressed during project- specific environmental review. 12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Kent School District. b. Would the proposed protect displace any existing recreational uses? If so, describe. Recreational impacts have been or will be addressed during protect specific environmental review Protects in the Capital Facilities Plan may enhance recreational opportunities and uses c Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. Any adverse effects on recreation stemming from individual project proposals have been or will be subject to mitigation during the environmental review procedure A school site usually provides recreational facilities to the community in the form of additional play fields and gymnasiums. 13 Historic and Cultural Preservation- a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe The existence of historic and cultural resources will be determined at the time of project-specific environmental review b Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites has been or will be conducted as part of project specific environmental review c. Proposed measures to reduce or control impacts, if any: Appropriate measures have been or will be proposed on a project-specific basis. 13 i 14. Transportation a Identify public streets and highways serving the site, and describe proposed access to the existing street system Show on site plans, if any Impact on public streets and highways has been or will be assessed during protect- specific environmental review b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The relationship between specific projects and public transit has been or will be assessed during project-specific environmental review c. How many parking spaces would the completed project have? How many would the project eliminate? An inventory of parking spaces and the impacts of specific projects on parking l spaces has been or will be conducted during project-specific environmental review. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private) The development of new schools may require new access roads or streets. This issue will be fully addressed during project-specific environmental review e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe Use of water, rail or air transportation has been or will be addressed during site- specific, project-level environmental review f How many vehicular trips per day would be generated by the completed project? ' If known, indicate when peak volumes would occur Each project proposal has been or will be separately evaluated as to traffic impacts g Proposed measures to reduce or control transportation impacts, if any: Mitigation of impacts on transportation has been or will be addressed during project- specific environmental review 15. Public Services: a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe 14 i The District does not anticipate that the projects identified in the Capital Facilities Plan will substantially increase the need for other public services Impacts have been or will be evaluated on a project-specific basis b. Proposed measures to reduce or control direct impacts on public services, if any Schools are built with automatic security systems, fire alarms, smoke alarms, heat sensors and sprinkler systems 16. Utilities, a. Circle utilities currently available at the site- electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other Utilities available at protect sites have been or will be identified during protect specific environmental review b Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utility revisions and construction needs will be identified during project-specific environmental review C. SIGNATURE The above answers are true and complete to the best of my knowledge I understand that the lead agency is relying on them to make its decision. Signature Fred H High,AssrstAnt Super-inte d far Business Services Date Submitted June 5, 2009 r t 15 i D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for protect actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air, r production, storage, or release of toxic or hazardous substances, or production of noise? To the extent this Plan makes it more likely that school facilities will be constructed, and/or renovated or remodeled, some of these environmental impacts will be more likely Additional impermeable surfaces, such as roofs, parking lots, sidewalks, access roads and playgrounds will increase storm water runoff, which could enter surface or ground water. Emissions to air could result from heating systems, emergency generators and other equipment, and from additional car and bus trips to and from the school for students and faculty Any emissions resulting from this Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of storage of diesel fuel or gasoline for emergency generating equipment Noise may result from additional traffic and from concentrating several hundred children at a new facility, especially before and after school and during recesses To the extent this proposal allows additional residential development to occur, these impacts would also increase somewhat, but it is not possible to quantify those impacts at this time The impacts would depend on the type, location and distribution of housing, for example, whether single or multiple family and the location of the school t Proposed measures to avoid or reduce such increases are: Facilities implementing the Plan have been or will be evaluated at the project specific level and impacts will be mitigated accordingly Storm water detention and runoff will meet applicable County and/or City requirements and, depending on the date of actual construction, may be subject to a National Pollutant Discharge Elimination System ("NPDES") permitting requirements Discharges to air will be minimal, and will meet any applicable requirements of the Puget Sound Air Pollution Control Authority Fuel oil will be stored according to local and state requirements 16 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Plan itself will have no impact on these elements of the environment. Depending on the particular site, construction of facilities may require clearing sites of plants and loss of animal habitat To the extent residential development is allowed, additional area may be cleared and eliminated as habitat for animals There are not likely to be any impacts on fish or marine life, although some water quality degradation in streams and rivers could occur due to increased residential development. These impacts have been or will be addressed in more detail during project-specific environmental review when appropriate Proposed measures to protect or conserve plants, animals, fish, or marine life are: Individual projects will be evaluated and mitigated appropriately on a project-specific basis, but specific mitigation proposals cannot be identified at this time 3. How would the proposal be likely to deplete energy or natural resources? Any actual projects resulting from this Plan would consume heating fuel and electrical energy Increased traffic resulting from the construction of additional facilities would consume petroleum based fuels Reduced traffic resulting from construction of another neighborhood school may also reduce amounts of fuel consumed, but it is not possible to quantify such reduction in consumption at this time. These impacts have been or will be addressed in more detail during project-specific environmental review when appropriate Proposed measures to protect or conserve energy and natural resources are: Facilities would be constructed in accordance with applicable energy efficiency standards 1 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection, such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Plan and facilities constructed pursuant to the Plan should have no impact on these resources It is not possible to predict whether other development made possible by this Plan would affect sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are- No specific measures are being proposed at this time Appropriate measures have been or will be proposed during project-specific review Annual updates of this Plan will be coordinated with King County, Cities of Kent, Covington, Auburn, Renton., SeaTac, Maple Valley and Black Diamond as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas t To the extent the School District's facilities planning process ,s part of the overall growth management planning process, these resources are more likely to be protected 17 5 How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Plan will not have any impact on land or shoreline use that is incompatible with , existing comprehensive plans, land use codes, or shoreline management plans Proposed measures to avoid or reduce shoreline and land use impacts are: , None are proposed at this time Actual facilities constructed to implement the Plan will be sited and constructed to avoid or reduce land use impacts 6. How would the proposal be likely to increase demands on transportation or public services and utilities? This proposal should not create substantial new demands for transportation. The protects included in the Capital Facilities Plan may create an increase in traffic near new District facilities but also reduce traffic by creating the opportunity for more students to walk to a closer school The construction of the facilities included in the Capital Facilities Plan may result in minor increases in the demand for public services and utilities, such as fire and police protection, and water, sewer, and electric utilities None of these impacts are likely to be significant The impacts on transportation and public services and utilities of the projects included in the Capital Facilities Plan will be addressed during project-level review when appropriate. Proposed measures to reduce or respond to such demand(s) are: No measures to reduce or respond to such demands are proposed at this time 7 Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment The Kent School District Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment 18 r r r r 1 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN tBOARD OF EDUCATION jSuzanne Smith, President Tony Moore, Vice President Ed Barney, Director Amye Bronson-Doherty, Director Angela Griffin, Director r r SUPERINTENDENT rThomas R Murphy 1 Prepared by Sally D McLean Tanya Nascimento r r FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN TABLE OF CONTENTS ' TABLE OF CONTENTS 1 INTRODUCTION 2-3- SECTION 1 THE CAPITAL FACILITIES PLAN Introduction 4 Inventory of Educational Facilities 5 Inventory ofNon-Instructional Facilities 6 Needs Forecast- Existing Facilities 7 Needs Forecast-New Facilities 8 Six Year Finance Plan 9 SECTION 2 MAPS OF DISTRICT BOUNDARIES Introduction 11 Map - Elementary Boundaries 12 Map - Middle School Boundaries 13 Map - High School Boundaries 14 SECTION 3 SUPPORT DOCUMENTATION Introduction 15 ' Building Capacities 16-17 Portable Locations 18-19 ' Student Forecast 20-22 Capacity Summaries 23-27 King County Impact Fee Calculations 28-30 , SECTION 4 SUMMARY OF CHANGES FROM THE 2009 31-33 PLAN ' 1 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB)2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No 95-249 1 effective December 21, 1995 as amended, City of Kent Ordinance No.3260 effective March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way Public Schools has updated its 20tO Capital Facilities Plan as of May 2009 This Plan is scheduled for adoption by King County, the City of Kent, City of Federal Way and the City of Auburn and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction To date, the City of Des Moines has not adopted a school impact fee ordinance The City of Des Moines collects school impact fees as part of the SEPA process. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area I Line Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture, and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies or management need. The District has prepared a multi-phase plan for the renovation and construction of i Federal Way Schools and support buildings. The Board authorized presenting the $149 million bond on May 15, 2007 The bond, passed at 63.93%, will replace four elementary schools, Lakeland, Panther Lake, Sunnycrest and Valhalla and one middle school, Lakota. Plans to replace Federal Way High School and Decatur High School and to increase capacity by approximately 400 students at each school are planned in later phases. Federal Way High School was built in 1938. It has been added onto at least 10 times and currently has an almost maze-like layout Based on an annual 4% increase in construction cost, the estimated cost to rebuild Federal Way High School is S122 million. Estimated construction costs will be re-calculated prior to the next bond election. None of the cost to replace Federal Way or Decatur High School is included in the Impact Fee 1 calculation in this Plan 2 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN The non-instructional projects included in the plan will consolidate support services operations at a single location The current Transportation and Maintenance facility cannot continue to meet the District needs in the future. Nutrition services and other administrative functions will also relocate to this centralized location. In September 2007 Woodmont Elementary School began a K-8 program by adding a 6"' grade and progressively adding a grade level each year. In March 2008, the Board approved a second K-8 program at Nautilus Elementary School Nautilus began the 2008/09 school year with K-61h grade. As the program grows there will be more data available about the unique facility needs for this grade configuration. The District opened a new school in September 2008 The Technology Access Foundation(TAF) Academy will provide a small school setting for 6" through 12`h grade students. This academy is funded through a unique public/private partnership between the Technology Access Foundation and Federal Way Public Schools The focus of the school is Science, Technology, Engineering and Math (STEM) The TAF Academy opened in September of 2008 with students in grades 6, 7 and 9 In the 2009/10 school year TAF Academy added 8t" and 10`h grade Grades 11 and 12 will be added in ' successive years with a target population of about 350 The District continues to study school boundaries as new housing and fluctuating populations impact specific schools. Some shifts in boundaries may be required in the coming year 1 1 1 1 1 i 1 I 1 � 3 1 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN SECTION I - THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools A Financial Plan that shows expected funding for any new construction, portables and modernization listed follows this 4 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ' INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS Adelaide 1635 SW 304th Street Federal Way 98023 Brigadoon 3601 SW 336th Street Federal Way 98023 Camelot 4041 S 298th Street Auburn 98001 Enterprise 35101 5th Avenue SW Federal Way 98023 Green Gables 32607 47th Avenue SW Federal Way 98023 Lake Dolloff 4200 S 308th Street Auburn 98001 Lake Grove 303 SW 308th Street Federal Way 98023 Lakeland 35827 32"`' Avenue S Auburn 98001 Mark Twain 2450 S Star Lake Road Federal Way 98003 Meredith Hill 5830 S 300th Street Auburn 98001 Mirror Lake 625 S 314"' Street Federal Way 98003 Nautilus (K-8) 1000 S 289th Street Federal Way 98003 Olympic View 2626 SW 327th Street Federal Way 98023 Panther Lake 34424 1 st Avenue S Federal Way 98003 Rainier View 3015 S 368th Street Federal Way 98003 Sherwood Forest 34600 12th Avenue SW Federal Way 98023 Silver Lake 1310 SW 325th Place Federal Way 98023 Star Lake 4014 S 270th Street Kent 98032 Sunnycrest 24629 42"a Avenue S Kent 98032 Twin Lakes 4400 SW 320th Street Federal Way 98023 Valhalla 27847 42"a Avenue S Auburn 98001 Wildwood 2405 S 300th Street Federal Way 98003 Woodmont(K-8) 26454 16th Avenue S Des Moines 98198 MIDDLE SCHOOLS Federal Way Public Academy (6-10) 34620 9`h Avenue S Federal Way 98003 Illahee 36001 1st Avenue S Federal Way 98003 Kilo 4400 S 308th Street Auburn 98001 Lakota 1415 SW 314th Street Federal Way 98023 Sacalawea 1101 S Dash Point Road Federal Way 98003 Saghalie 33914 19th Avenue SW Federal Way 98023 Sequoyah 3450 S 360`h ST Auburn 98001 Totem 26630 40`h Ave S Kent 98032 TAF Academy(6-12) 26630 40`h Ave S Kent 98032 HIGH SCHOOLS Decatur 2800 SW 320th Street Federal Way 98023 Federal Way 30611 16th Avenue S Federal Way 98003 Thomas Jefferson 4248 S 288th Street Auburn 98001 Todd Beamer 35999 16th Ave S Federal Way 98003 Career Academy at Truman 31455 28th Ave S Federal Way 98003 ALTERNATIVE SCHOOLS Merit School 36001 1"Ave S Federal Way 98003 Internet Academy 31455 28`h Ave S Federal Way 98003 r 5 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN rCURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES rDeveloped Property Administrative Building 31405 18th Avenue S Federal Way 98003 MOT Site 1066 S 320th Street Federal Way - 98003 Central Kitchen 1344 S 308th Street Federal Way 98003 Federal Way Memorial Field 1300 S 308th Street Federal Way 98003 Leased Space Community Resource Center 1813 S Commons Federal Way 98003 ' Available Office Space 32020 15`Ave S Federal Way 98003 Undeveloped Property Site # Location r75 SW 360th Street & 3rd Avenue SW—9.2 Acres 65 S 351st Street & 52nd Avenue S — 8.8 Acres 60 E of 1 Oth Avenue SW - SW 334th & SW 335`h Streets - 10.04 Acres 73 N of SW 320th and east of 451h PL SW— 23.45 Acres 71 S 344th Street & 46th Avenue S - 17 47 Acres r82 1s1 Way S and S 342"d St—Minimal acreage 96 S 308`h St and 14`h Ave S — .36 Acres 81 S 332"d St and 9rh Ave S — 20 Acres rNotes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District r r r r r ' 6 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ' NEEDS FORECAST - EXISTING FACILITIES EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS ' Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Impact Fees Elementary Schools- Replace Existing Buildings Voter approved bonds. Lakeland, Panther Lake, Increase capacity at Lakeland, Sunnycrest and Valhalla Panther Lake, Sunnycrest and Valhalla b a total of 200 seats Lakota Middle School Replace Existing Building Voter approved bonds Federal Way High School Replace Existing Building, Future bond authorization ' Increase Ca aci Decatur Hjgh School Replace Existing Building, Future bond authorization. Increase Ca acity The District is also planning the replacement of some non-instructional facilities. The District has purchased 20 acres (Site #81) for construction of consolidated facilities for support services functions Transportation, Nutrition Services, Maintenance and other non-instructional functions will be housed at this centralized location. As part of the multi-phase plan, the District intends to increase capacity for high school students with expansion at the Decatur High School site Increased capacity at Federal Way High and at Decatur High to later phases supplant the need for construction of a fifth comprehensive high school. 7 ! FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ! NEEDS FORECAST - ADDITIONAL FACILITIES ! NEW FACILITY LOCATION ANTICIPATED SOURCE ! I OF FUNDS No current plans for additional facilities. 1 1 ! t 1 ! t 1 1 1 ! t 0000e o � o0000 � � � vi zs us Yi 69 yi N V 'v0 l N 1--1 rt W N 9 j d v N U O Q c I� O U v = c 4 L I _ N y � O O U C N CC V 'n 'J G V3 L -- C O O CO FFrTi yq yy n u o m C ^1 gE N V O C a 2 E 12,Ly N to V: n b v 'J �3 " � 5 1 ,-tl S O O O oo6 vpi o F' ti o y c E c. a 40 n o 9 y a FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN SECTION 2 - MAPS OF DISTRICT BOUNDARIES I Federal Way Public Schools has twenty-one elementary schools (grades K-5), two schools with a K-8 grade configuration, seven middle school schools (grades 6-8), four high schools (grades 942) and three small secondary schools The Federal Way Public Academy serves students in grades 6-10 The TAF Academy serves students in grades 6- 12 who reside in the Totem Middle School service area The Career Academy at Truman High School serves students in grades 942. The Internet Academy serves grades K-12. The following maps show the service area boundaries for each school, by school type. (Career Academy at Truman High School, Merit School, Internet Academy and Federal Way Public Academy serve students from throughout the District) The identified boundaries are reviewed annually Any change in grade configuration or adoption of ' programs that affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a junsdiction evaluate if the public facility infrastructure is in place to handle new housing developments In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development School District are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to Ichange schools Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, notlust around a single development. 11 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ' ELEMENTARY SCHOOL BOUNDARIES ❑ Elementary Schools ❑ Middle Schools 1 Adelaide 36 Federal Way Public Academy , 2 Bngadoon 30Illahee 3 Camelot 31 Kilo 4 Enterprise 32 Lakota 5 Green Gables 33 Sacajawea 6 Lake Dolloff 34 Sa halie 7 Lake Grove 37 Sequoyah 8 Lakeland 35 Totem 9 Mark Twain ` 10 Meredith Hill © High Schools -r 11 Mirror Lake 40 Decatur 12 Nautilus 41 Federal Way 421 Thomas Jefferson 13 Olympic View 14 Panther Lake 45 Todd Beamer 15 Rainier View 49 Career Academy at a _ t 16 Sherwood Forest Truman 17 Silver Lake ❑ Administrative 18 Star Lake Building 19 Sunnycrest 0 Undeveloped Property 20 Twin Lakes 21 Valhalla 22 Wildwood 23 Woodmont Cl t, W2 00 tt 1±0 } E i Y ,E 161 _ E4 N .� 1 TJ W E � f4 4 S FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN t B MIDDLE SCHOOLBOUNDARIES ❑ Elementary Schools ❑ Middle Schools 1 Adelaide 36 Federal Way Public Academy I 2 Brigadoon 30lllahee 3 Camelot 31 Kilo 4 Enterprise 32 Lakota - 5 Green Gables 33 SacaJawea 6 Lake Dolloff 34 Saghahe ' 7 Lake Grove 37 Sequoyah 1 8 Lakeland 35 Totem 9 Mark Twain 10 Meredith Hill El High SchoolsT - — 11 Mirror Lake 40 Decatur 12 Nautilus 41 Federal Way 13 Olympic View 42t Thomas Jefferson 14 Panther Lake 45 Todd Beamer 15 Rainier View 49 Career Academy at 16 Sherwood Forest Truman 17 Silver Lake ❑ Administrative Building 18 Star Lake MOT Site �-f 1 19 Sunnycrest s r , 20 Twin Lakes 0 Undeveloped Property 21 Valhalla ' �`'--i 7. _ — — 22 Wildwood 23 Woodmont ,T1_ � `"". ' ' 5� ?{r ,�.L.Tr,4mi �G sr ? dill- d -b �ft �i � l rye;_ � 7- „ F :: x�'` = 4`' ? j _ S FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN r HIGH SCHOOL BOUNDARIES r ❑ Elementary Schools ❑ Middle Schools 1 Adelaide 36 Federal Way Public Academy 2 Brigadoon 30lllahee 3 Camelot 31 Kilo 4 Enterprise 32 Lakota 5 Green Gables 33 Sacajawea 6 Lake Dolloff 34 Saghalie _ 7 Lake Grove 37 Sequoyah 8 Lakeland 35 Totem 9 Mark Twain _ � - 10 Meredith Hill High Schools 11 Mirror Lake 40 Decatura�' - 12 Nautilus 41 Federal Way 13 Olympic View 421 Thomas Jefferson I 14 Panther Lake 45 Todd Beamer 15 Rainier View 49 Career Academy at 16 Sherwood Forest Truman s '' 17 Silver Lake _ n ' s ❑ Administrative Building 18 Star Lake MOT Site ; — _ 19 Sunnycrest 20 Twin Lakes 0 Undeveloped Property 21 Valhallat ji — 22 Wildwood � � 23 Woodmont Ll _ n� '`�h� 'ai'�_�. .a, `i`.y s—� �._ -.Lr# � �'1, t_n _ b €_._.f � _- •.._� t i N '= , W E ',', - - `=• -� S ' '4 1 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN SECTION 3 - SUPPORT DOCUMENTATION 1 Building Capacities - The Education Program Portable Locations Student Forecast—2010 through 2016 ' Capacity Summaries King County Impact Fees - Single and Multi-Family Units I , ' i 1 1 1 � 1 1 1 1 1 1 15 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ' Building Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs In general, the District's current target class size provides that the average class size for a standard classroom for grades K through 2 should be 20 students. In grades 3-5 the target is 25 students. For grades 6 to 12 the target class size is 26 students. Classrooms for students with Individualized Education Program (Special Education) needs are calculated at 12 seats per classroom. Using the OSPI square footage calculation as a base line, the District has calculated a program capacity for all schools. A recent Study & Survey was the basis for changes to the OSPI building report. The following list clarifies the adjustments to the OSPI calculation. Music Rooms: Each elementary school requires a standard classroom for music instruction. All Day Kindergarten: Every elementary school operates at least one all day Kindergarten program These all day Kindergarten program require additional capacity because the standard classroom is available for one all day session rather than two half day sessions. The District will operate 52 sections of all day Kindergarten in 2009/10 Special Education Resource Rooms: Each elementary and middle school requires the use of a standard classroom(s) for special education students requiring instruction to address specific disabilities English as a Second Language Programs: , Each elementary, middle school and high school requires the use of a standard classroom for students learning English as a second language Middle School Computer Labs: Each middle school has computer labs. High School Career Development and Learning Center (Resource) Room: , Each high school provides special education resource room and career development classrooms for students requiring instruction to address specific disabilities. 16 ' FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING MIDDLE SCHOOL BUILDING PROGRAM CAPACITY" PROGRAM CAPACITY School Name Headcount School Name Headcount FTE Adelaide 372 Malice 855 864 Bn adoo❑ 327 Kilo 827 835 Camelot 269 Lakota 766 774 Enterprise 458 Sacaj awea 700 707 Green Gables 437 Sa halie 829 837 Lake Dolloff 433 Se uovah 589 595 Lake Grove 323 Totem 714 721 Lakeland 392 Federal Way Public Academy 209 211 Mark Twain 327 Technology Access Foundation Academy** Meredith Hill 453 2009 TOTAL 5,489 5,544 Mirror Lake 325 Nautilus Olympic View 328 *Middle School Average 754 762 Panther Lake 383 Rainier View 432 HIGH SCHOOL BUILDING Sherwood Forest 423 PROGRAM CAPACITY Silver Lake 390 Star Lake 361 School Name Headcount FTE Sunn crest 369 Decatur 1239 1,325 Twin Lakes 297 Federal Way 1482 1,585 Valhalla 449 Thomas Jefferson 1339 1,432 Wildwood 317 Todd Beamer 1134 1,213 Woodmont 350 Career Academy at Truman 130 139 Federal Way Public Academy 109 117 2009 TOTAL 8,571 Technology Access Foundation Academy** 2009 TOTAL 5,433 5,811 lElementary Average 373 *High School Avera e 1,299 1 389 Notes *Federal Way Public Academy and Career Academy at Truman High School are non-boundary schools These schools are not used in the calculated averages **Technology Access Foundation Academy is housed entirely in portables on the Totem Middle School site 17 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN , Portable Locations The Washington State Constitution requires the State to provide each student a basic education It is not an efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students when increasing population impacts a school attendance area Portables may also be required , to house students when new or changing programs require additional capacity They also provide temporary housing for students until permanent facilities can be financed and constructed When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physical ' condition. In these cases, the District may choose to buy new portables and surplus these unfit portables It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools. 18 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLESLOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT HIGH SCHOOLS NUN NON INSTRUCTION%l INSfRU(TIONAL INSTRUCTIONU INSTRU(TION AI 1 Adelaide 2 1 Decatur 9 Bri=adoon I Federal Way 2 1 Camelot 1 Thomas Jefferson 10 Enterprise 2 Todd Beamer 8 1 Green Gables I TAF Academy 8 Lake Dolloff 1 l TOTAL 37 2 Lake Grove 1 1 Lakeland 2 Mark Twain 3 Meredith Hill 3 Mirror Lake 4 PORTABLESLOCATED Nautilus 1 AT SUPPORT FACILITIES Olympic View 2 Panther Lake MOT l Rainier View 1 1 TDC 5 Sherwood Forest 4 TOTAL 6 Silver Lake 2 2 Star Lake 3 1 Sunnycrest 2 HEAD START PORTABLES AT DISTRICT SITES Twin Lakes 2 1 Valhalla ISherwood Forest I Wildwood 4 1 Woodmont 3 ITotal 1 TOTAL 43 11 PORTABLESLOCATED AT MIDDLE SCHOOLS NON INWRLOTIONAL INSTRU(HON11 Illahee 3 Kilo 7 Lakota 4 Sacajawea 4 Saghalie 4 Sequo ah 1 Totem Merit 2 TAF Academy 6 1 28 1 4 t 19 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN Student Forecast ' Student enrollment projections are a basic component of budget development ' Enrollment projections influence many of the financial estimates that go into budget preparation The majority of staffing requirements are derived directly from the forecasted number of students Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students , The basis of projections has been cohort survival analysis Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population the cohort would be 1 00 for all grades This analysts uses historical information to develop averages and project the averages forward This method does not trace individual students; it is concerned with aggregate numbers in each grade level The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out of the school system are common, student migration is factored into the analysis as it increases or decreases survival rates Entry grades (kindergarten) are a unique problem in cohort analysis The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. The Federal Way School District is using various statistical methods for projecting student enrollments The resultant forecasted enrollments are evaluated below The first method is a statistical cohort analysis that produces ten distinct forecasts These , are forecast of enrollment for one year The projections vary depending on the number of years of historical information and how they are weighted. A second method is a projection using an enrollment projection software package that ' allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment MasterTM software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods This software produces a five-year projection of school enrollment In December 2006, the District contracted a demographer to develop projections for the ' Federal Way School District The report was complete in January 2007 The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade , growth, assumes market share losses to private schools (consistent with county-wide average), assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections. The long-range forecast ' provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of ' 20 ' ' FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN tsomething else (e.g. population) or that enrollment will mirror some projected trend for the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 20t5 This model produces a projection that is between 23,000 and 24,000 when applied to the low, medium and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections 1 are studied annually. The study includes information from the jurisdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington Near term projections assume some growth from new housing, which is offset by current local economic conditions. Current economic conditions do appear to be affecting enrollment. This is reflected in the District's projections The District tracks new development from five permitting jurisdictions. Long range planning assumes a student yield from proposed new housing consistent with historical growth patterns ' Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district community in the future. 21 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN , Full Time Equivalent Enrollment History and Projections ' Simplified FTE(K Headcount= 5 FTE,Middle School FTE=99 Headcount,High School FTE= 935Headcount) , Total K-12 Percent Calendar Yr School Year Elementary Middle School Senior High FTE Change 2004 * 2003-04 9,127 5,524 6,408 21,059 2005 2004-05 9,164 5,473 6,515 21,152 0.4% 2006 2005-06 9,105 5,309 6,770 21,134 0.2% 2007 2006-07 9,022 5,261 6,754 21,037 -0.7% 2008 2007-08 8,912 5,167 6,637 20,716 -1.5% 2009 2008-09 8,865 5,155 6,456 20,476 -1.2% 2010 82009-10 8,793 5,076 6,325 20,194 -1.4% 2011 P2010-11 8,838 5,077 6,167 20 082 -0.6% 2012 P2011-12 8,894 5,042 6,129 20,065 -0.1% 2013 P2012-13 8,988 4,995 6,109 20,092 01% 2014 P2013-14 9,091 4,969 6,111 20,171 0 4% ' 2015 P2014-15 9,175 5,012 6,066 20,253 0.4% 2016 P2015-16 9,253 5,086 6,022 20,361 0.5% *New Configuration Elementary K-5 Middle School 6-8 Htgh School 9-12 Enrollment History and Six Year Forecast 22,000 21,000 20,000 c ' r 0 v 19,000 m x 0 18,000 u O 17,000 ' 16,000 15,000 I �O a0 `Jo ao o 0 6D 1O A A 1O A A 4 o? n S o0 , oo aoo aoi aoi ao 'o� aoi poi 0 0 o P r S. �s �m �� oo °o �o a '� Q 's 'rn OFfE School Year 22 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ' Capacity Summaries ' All Grades, Elementary, Middle School, and High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, middle school, and high school levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year 23 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ' CAPACITY SUMMARY-ALL GRADES ' Budget Projected-- Calendar Year 2010 2011 2012 2013 2014 2015 2016 CAPACITY School Year 2009/10 2010/11 2011,,12 2012/13 2013/14 2014/1s 2015/16 BUILDING PROGRAM HEADCOUNT CAPACITY 19,493 19,493 19,493 19,593 19,593 19,593 19,593 FTE CAPACITY 19,926 19,926 19,926 20,026 20,026 20,026 20,026 Add or subtract changes to capacity Increase Capacity,Lakeland,Panther Lake ' Sunnycrest and Valhalla 100 100 Adjusted Program Headcount Capacity 19,593 19,493 19,593 19,593 19,593 19,593 19,593 Adjusted Program FTE Capacity 20,026 19,926 20,026 20,026 20,026 20,026 20,026 ENROLLMENT ' Basic FTE Enrollment 20,194 20,082 20,065 20,092 20,171 20,253 20,361 Internet Academy Enrollment(AAFTE) (315) (315) (315) (315) (315) (315) (315) Basic FTE Enrollment without Internet Academy' '' " 19,879 19,767 " 19,750 19,777 19,856 19,938 24,046 SURPLUS OR(UNHOUSED) PROGRAM FTE CAPACITY 147 159 276 249 170 88 (20) RELOCATABLE CAPACITY ' Current Portable Capacity 2,700 2,700 2,700 2,100 2,700 2,700 2,700 Deduct Portable Capacity (125) Add New Portable Capacity 125 Adjusted Portable Capacity 2,700 2,700 2,700 2,700 2,700 2,700 2,700 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 2,847 2,859 2,976 2,949 2,870 2,788 2,680 24 ' FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN rCAPACITY SUMMARY-ELEMENTARY SCHOOLS Budget Proj acted-- Calendar Year 2010 2011 2012 2013 2014 2015 1 2016 CAPACITY School Year 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 BUILDING PROGRAM HEAD COUNT CAPACITY 8,571 8,571 8,571 8,671 8,671 8,671 8,671 FTE CAPACITY 8,571 8,571 8,571 8,671 8,671 8,671 8,671 ' 1 Increase Capacity Lakeland and Sunnvcrest 100 Adjusted Program Headcount Capacity 8,571 8,571 8,671 8,671 8,671 8,671 1 8,671 Adjusted Program FTE Capacity 9,571 8,571 8,671 8,671 8,671 8,671 1 8,671 ENROLLMENT Basic FTE Enrollment 8,793 9,838 8,894 8,988 9,091 9,175 9,253 2 Internet Academy(AAFTE) (36) (36) (36) (36) (36) (36) (36) Basic FTE Enrollment without Internet Academy' 8,757 8,802 8,858 8,952 9,055 9,139 9,217 SURPLUS OR(UN HOUSED) PROGRAM CAPACITY (186) (231) (187) (281) (384) (468) (546) RELOCATABLE CAPACITY 3 Current Portable Capacity 1,075 1,075 1,075 1,075 1,075 1,075 1,075 Adjusted Portable Capacity' 1'( 1,075 1,075 1,075 1,075 1,075 1,075 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 889 844 888 794 691 607 529 NOTES: 1 Increase Capacity at Lakeland,Panther Lake, Sunnyerest and Valhalla 2 Internet Academy students are included in projections but do not require full time use of school facilities 3 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only The actual number of portables that will be used will be based on actual student population needs The District may begin to pull portables from the instructional inventory Age and condition of the portables will determine feasibility for continued instructional use 25 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ' CAPACITY SUMMARY-MIDDLE SCHOOLS _ Budget Projected-- ' Calendar Year 2010 2011 2012 2013 2014 2015 2016 CAPACITY School Year 2009/10 2010/11 2011/12 2012/13 2013,114 2014/15 2 015/16 BUILDING PROGRAM HEADCOUNT CAPACITY 5,489 5,489 5,489 5,489 5,489 5,489 5,489 FTE CAPACITY 5,544 5,544 5,544 5,544 5,544 5.544 5 544 Add or subtract changes in capacity Adlu,ted Program Headcount Capacity 5,489 5,489 5,489 5,489 5,489 5,489 5,489 Adjusted Program FTE Capacity 5,544 5,544 5,544 5 544 5,544 5,544 5,544 ENROLLMENT Bask FTE Enrollment 5,076 5,077 5,042 4,995 41969 5,012 5,086 1 Internet Academy (AAFTE) (74) (74) (v4) (74) (74) (74) (74) Basic FTE Enrollment without Internet Academy 5,002 5 003 4,968 4,921 4,895 4,938 5,012 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY 542 541 576 623 649 606 532 RELOCATABLE CAPACITY 2 Current Portable Capacity 825 725 725 725 725 725 725 Add/Subtract portable capacity Add new portable capacity Sequoyah 25 ' Subtract portable capacity trom Totem (125) Adjusted Portable Capacity 725 725 725 725 725 725 725 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 1,267 1,266 1,301 1,348 1,374 1,331 1,257 NOTES: , 1 Internet Academy students are included in projections but do not require full time use of school facilities 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which ' can be used to temporarily house students until permanent facilities are available This is a calculated number only The actual number of portables that will be used will be based on actual student population needs The District may begin to pull portables from the instructional inventory Age and condition of the portables ' will determine feasibility for continued instructional use t 26 � ' ' FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN CAPACITY SUMMARY- HIGH SCHOOLS Budget - Projected-- Calendar Yedi 2010 2011 1 2012 2013 1 2014 2015 2016 CAPACITY School Year 2009/10 2010/11 2011/12 2012/13 2013/14 2014%15 2015/16 BUILDING PROGRAM HEAD000N I CAPACITY 5,433 5,433 5,433 5,433 5,433 5,433 5,433 FTE CAPACITY 5,811 5,811 5,81I 5,911 5,811 5,81'i 5,811 ' Add or subtract changes in capacity Adjusted Program Headcount Capacity 5,433 5,433 5,433 5,433 5,433 5,433 5,433 Adjusted Program FTE Capacity 5,811 5,811 5,811 5,911 7-s 1­71 5,811 1 5,811 ENROLLMENI Basic h I E Enrollment 6,325 6,167 6,129 6,109 6,111 6,066 6 022 1 Internet Academy (AAFTE) (205) (205) (205) (205) (205) (205) (205) Basic Ed without Internet Academy 6,120 5,962 5,924 5,904 5,906 5,961 5.817 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY (309) (151) (113) (93) (95) (50) (6) RELOCATAABLE CAPACITY 2 Current Portable Capacity 800 900 900 900 900 900 900 Add/Subtract portable capacity Add portable capacity at TAF Academy 100 Adjusted Portable Capacity 900 900 900 900 900 900 900 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE 3. CAPACITY 591 749 787 807 805 850 894 ' NOTES: l Internet Academy students are included in projections but do not require full time use of school facilities 2 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only The actual number of portables that will be used will be based on actual student population needs The District may begin to pull portables from the instructional inventory Age and condition of the portables will determine feasibility for continued instructional use 3 Capacity for unhoused students will be accommodated with traveling teachers and ' no planning time in some classrooms Puget Sound Early College will house approximately 60 of the unhoused students i 27 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ' King County, the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities To determine an equitable fee throughout unincorporated King County, a formula was established This formula can be found in King County Code 21A and was substantially ' adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district - STUDENT GENERATION FACTOR ANALYSIS I Federal Way Public Schools student generation factor was determined separately for single-family units and multifamily units The factors used to the 2010 Capital Facilities Plan were derived using actual generation factors from single-family units that were constructed in the last five (5) years - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act ' ➢ Temporary Facility Cost is the average cost of a portable purchased within the last 12 months. Plan Year 2010 Plan Year 2009 Single Family Units $3,832 $4,017 Multi-Family Units $2,114 $1,733 28 O I6 N N (D O 6) V 0 0 0 a) y0 -D M fO O O W F 7 1 N (O N LL 0 0 0 0 0 0 0 0 0 0 O C co CO O O W " O O < U 0 O CO N CO O (O O O V N N j R O O - O N N l0 N N N N C3)N LL O O O O O O O O O O O 2 O O L C 1� — O O O O O O 'ITM C.) 0 0 0 - 0 0) O Ih CO O n co N a U n O [O V O N N i� W O LL O O O O O O O O O O O 'O a C O N O M V I- CDN O CDN � O M N N Cl) C d M O M N N M 0 0 m in 0 CO W 0 -0 0 0 i!] M V N N In V M M O N V N N y7 q F O O O O O N LL 0 0 0 O O O O 00 O O W O 00 0 00 U L C L N N - { O a to V N N N M M N Ln _ (.7 0 0 - 0 0 E L L O O O 0 0 x z =N = E¢ y o 0 a r w o -°o z U d U a Cl) Vm 7 O O 0O NN O O aj a 3 7, 0 0 0 0 0 U v � w z o rn a V O N z U O Q •E C C •� C W N O N N N m.�.1 I� O CDW)r+y N Q a d) 0 M O) OM 0) M M O N M I- :E O O N U z ��„ N ^' E 0 0 0 0 0 O z W y �.., w � z C w = O O O O O O O O O O O' L >m d 3 7 ; J 3 Zoo a m y > Q Q = Y J ° E rn mLL c E N G) V O m 7 w O N Lo o � N co Z C O m M o c 0 G = N m O * a C S2 F Q O y 2 - W = @ 0 d c a a) 0C m _cC o O o jo m mYW Of yW O YpJCD VNW C Y N � — N 00 >O 0 c Vl N F Z U U � O O O Z D rnrnmm � , cocoL" u� 0 0 0 0 0 0 o O o o FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN ' IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre Capacitv SFR MFR SFR MFR Elementary 0 3317 0 1520 $0 $0 Middle School 0 1653 00520. $0 $0 High School 0 2224 0 0590 SO $0 TOTAL SO $0 School Construction Cost: Student Student Perm Fac/ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 95 621 $9,100,000 200 0 3317 0 1520 $141431 S6,613 Middle School 0 1653 0 0520 $0 $0 .... High School 0 2224 0 05)0 $0 $0 TOTAL $14,431 $6,613 Temporary Facility Cost: Student Student %Temp Fac Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Size SFR MFR SFR MFR Elementary 0 3317 9.1520 Middle School 4 38% _ $193,607 25 _0 1653 ...9.9530 $56 $18 High School 0 2224 00590 TOTAL $56 $18 State Matching Credit Calculation: Student Student Area Cost Sq. Ft State Factor Factor Cost/ Cost/ Allowance,/Sq Ft Student Match SFR MFR SFR MFR Elementary S l68 79 90 6l 09% 0 3317 0 1520 $3,078 $I,411 ...... Middle School S168 79 0 1653 0 0520 $0 $0 High School $168 79 0 2224 00590 50 $0 Total $3,078 $1,411 Tax Payment Credit Calculation SFR MFR Average Assessed Value (March 2009) $326,409 $86,497 Capital Bond Interest Rate(March 2009) 4 96% 4 96% Net Present Value of Average Dwelling $2,525,346- $669,206 Years Amortized 10 I0 Property Tax Levy Rate $1 48 $1 48 Present Value of Revenue Stream $3,745 $992 Single Family Multi-Family Residences Residences ' Mitigation Fee Summary Site Acquisition Cost $ - $ - Permanent Facility Cost $ 14,431 $ 6,613 Temporary Facility Cost $ 56 $ 18 State Match Credit $ (3,078) $ (1,411) Tax Payment Credit $ (3,745) $ (992) Sub-Total $ 7,664 $ 4,228 50%Local Share $ 3,832 $ 2,114 Impact Fee $ 3,832 $ 2,114 30 ' FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN SECTION 4 SUMMARY OF CHANGES FROM THE 2009 CAPITAL FACILITIES PLAN The 2010 Capital Facilities Plan is an updated document, based on the 2009 Capital Facilities Plan. The changes between the 2009 Plan and the 2010 Plan are listed below. SECTION I - THE CAPITAL FACILITIES PLAN SIX-YEAR FINANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2010/2016 SECTION III - SUPPORT DOCUMENTATION CAPACITY Elementary capacity includes space for All Day Kindergarten programs at every elementary school. Changes to the Building Program Capacities calculation are found on page 17. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 19. STUDENT FORECAST The Student Forecast now covers 2010 through 2016 Enrollment history and projections are found on page 22. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 24-27 IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2009 Capital Facilities Plan and the 2010 Capital Facilities Plan can be found on page 32 and 33 31 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2009 TO 2010 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 2009 Capital Facilities Plan and the 2010 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments and the year placed in the survey. The Student Generation worksheet is found on page 29. SCHOOL CONSTRUCTION COSTS The anticipated cost for replacing Lakeland, Panther Lake, Sunnycrest and Valhalla is $70,000,000 The replacement will add 50 new seats to the school capacity at each budding The total capacity at these four elementary schools is currently 1505 Adding 200 additional seats will increase the capacity by 13% Total Cost .13 X $70,000,000= $9,100,000 The District will use the above formula created as a base from the 2008 Capital Facilities Plan for the 2010 Capital Facilities Plan The capacity of the four elementary schools may vary from year to year as programs are added or changed and construction cost may increase over time. For instance, for each new all day Kindergarten program, the building capacity will effectively be reduced by 20 headcount and the Board authorized an increase in construction cost of Slm for Valhalla. These changes would increase the construction cost. The District is using the base formula established in the 2008 plan in the Impact Fee calculation r� 32 FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2009 TO 2010 IMPACT FEE Item From/To Comment Percent of Permanent Facilities 96 81% to 95.62% Report#3 OSPI Percent Temporary Facilities 3.19% to 4.38% Updated portable inventory Average Cost of Portable $168,307 to $193,607 Updated average of portables Classroom purchased and placed in 2009 Area Cost Allowance $168.79 to $168.79 No change from the prior year. State Match 61 84% to 61.09% Change effective July 2008 Average Assessed Value SFR— Per Puget Sound Educational $297,242 to $326,409 Service District (ESD 121) MFR— $68,998 to $86,497 Capital Bond Interest Rate 5 11% to 4.96% Market Rate Property Tax Levy Rate $1.49 to $1.48 King County Treasury Division Single Family Student Yield Updated Housing Inventory Elementary .3285 to .3317 Middle School .1631 to .1653 High School 2446 to .2224 Multi-Family Student Yield Updated Housing Inventory Elementary .1222 to .1520 Middle School .0621 to .0520 High School .0942 to .0590 33 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants. This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. L t1 ENVIRONMENTAL CHECKLIST Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply" In addition, complete the Supplemental Sheet for nonproject actions (part D). For nonproject actions, the references m the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. i f s 1 ' i 2 ENVIRONMENTAL CHECKLIST A. BACKGROUND 1 Name of proposed project, if applicable: The adoption of a Six-Year Capital Facilities Plan by the Federal Way School District No 210 for the purposes of planning for the District's facilities needs The King County, City of Federal Way, City of Kent and the City of Auburn's Comprehensive Plan will be amended to include the District's 2010 Capital Facilities Plan in the Capital Facilities Plan Element This project may also involve the amendment of the Comprehensive Plans of the city of Des Moines to incorporate the District's 2010 Capital Facilities Plan 2. Name of applicant: Federal Way School District No. 210. 3. Address and phone number of applicant and contact person: Federal Way School District No. 210 31405 18th Avenue South Federal Way WA 98003 (253) 945-2000 Contact Person: Ms. Tanya Nascimento Enrollment and Demographics ITelephone: (253) 945-2071 4. Date checklist prepared- April 18, 2009 5. Agency requesting checklist. Federal Way School District No. 210 6. Proposed timing or schedule (including phasing, if applicable): The Federal Way School District's 2010 Capital Facilities Plan is scheduled to be adopted by the District in May 2009 The Capital Facilities Plan will be forwarded to King County, the City of Federal Way, City of Kent and the City of Auburn for inclusion in each jurisdiction's Comprehensive Plan It will also be forwarded to the city of Des Moines for possible inclusion in this jurisdiction's Comprehensive Plans The District will continue to update the Capital Facilities 1 Plan annually The projects included in the Capital Facilities Plan have been or will be subject to project-specific environmental review. 7 Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal9 If yes, explain. 3 ENVIRONMENTAL CHECKLIST The Capital Facilities Plan sets forth the capital improvement projects that the District plans to implement over the next six years These include construction of four elementary schools, Lakeland, Panther Lake, Sunnycrest and Valhalla. This plan also includes construction of Lakota Middle School. Additionally the plan covers the purchase and siting of temporary facilities at various locations. Non-instructional projects included in the plan will consolidate support services operations at a single location. This will include the construction of new facilities to house the Transportation, Maintenance and Nutrition Services departments. Current plans are for all the projects to be complete by 2013. 8 List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal The projects included in the Capital Facilities Plan will undergo additional environmental review, when appropriate, as they are developed 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Permits will be applied for with the appropriate jurisdiction for siting the temporary facilities and for the construction of Lakeland and Sunnycrest Elementary Schools during the 2009 calendar year. 10. List any government approvals or permits that will be needed for your proposal, if known The District anticipates that King County, the City of Federal Way, the City of Kent and the city of Auburn will adopt this Capital Facilities Plan into their Comprehensive Plan. The city of Des Moines may also adopt this Capital Facilities Plan into the Capital Facilities Elements of their Comprehensive Plans (when issued). 11 Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description) I This is a non-project action. This proposal involves the adoption of the Federal Way School District's 2010 Capital Facilities Plan for the purpose of planning the District's facilities needs The District's Capital Facilities Plan will be incorporated into King County's, the City Federal Way's, the City of Kent's and the City of Auburn's Comprehensive Plans It may also be incorporated into the Comprehensive Plans of the city of Des Moines The projects included in the Capital Facilities Plan have been or will be subject to project-specific environmental review. A copy of the Capital Facilities Plan may be viewed at the District's offices. 4 1 ENVIRONMENTAL CHECKLIST 12 Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address if any, and section, township, and range, if known If a proposal would occur over a range of area, provide the range or boundaries of the site(s) Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The Capital Facilities Plan will affect the Federal Way School District. The District includes an area of approximately 35 square miles The City of Federal Way, parts of the cities of Kent, Des Moines and Auburn, parts of unincorporated King County, fall within the District's boundaries. A detailed map of the District's boundaries can be viewed at the District's offices. i t 1 1 i 5 ENVIRONMENTAL CHECKLIST B. ENVIRONMENTAL ELEMENTS 1. Earth a General description of the site (circle one) Flat, rolling, hilly, steep slopes, mountainous, other The Federal Way School District is comprised of a variety of topographic land forms and gradients Specific topographic characteristics of the sites at which the projects included in the Capital Facilities Plan are located have been or will be identified during project-level environmental review when appropriate. b What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland Specific soil types found at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe Unstable soils may exist within the Federal Way School District. Specific soil limitations on individual project sites have been or will be identified at the time of project-level environmental review when appropriate. e Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill Individual projects included in the Capital Facilities Plan have been or will be subject, when appropriate, to project-specific environmental review and local approval at the time of proposal Proposed grading projects, as well as the purpose, type, quantity, and source of any fill materials to be used have been or will be identified at that time f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe It is possible that erosion could occur as a result of the construction projects currently proposed in the Capital Facilities Plan. The erosion impacts of the individual projects have been or will be evaluated on a site-specific basis at the time of project-specific environmental review when appropriate. Individual projects have been or will be subject to local approval processes. 6 ENVIRONMENTAL CHECKLIST g. About what percent of the site will be covered with impervious surfaces after project construction(for example, asphalt or buildings") The proposed renovation projects will require the construction of impervious surfaces The extent of any impervious cover constructed will vary with each capital facilities project included in the Capital Facilities Plan This issue has been or will be addressed during project- specific environmental review when appropriate. ' h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: The erosion potential of the projects included in the Capital Facilities Plan and appropriate control measures have been or will be addressed during project-specific environmental review when appropriate. Relevant erosion reduction and control requirements will be met 2. Air a. What types of emissions to the am would result from the proposal (i e , dust, automobile, odors, industrial wood smoke) during construction and when the project is completed9 If any, generally describe and give approximate quantities if known. Various emissions, many construction-related, may result from the individual projects included in the Capital Facilities Plan. The air-quality impacts of each project have been or will be I evaluated during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions b. Are there any off-site sources of emissions or odor that may affect your proposal9 If so, generally describe. Any off-site sources of emissions or odor that may affect the individual projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. c. Proposed measures to reduce or control emissions or other impacts to air, if any: The individual projects included in the Capital Facilities Plan have been or will be subject to project-specific environmental review when appropriate and relevant local approval processes The District will be required to comply with all applicable air regulations and air permit requirements. Proposed measures specific to the individual projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. i t ENVIRONMENTAL CHECKLIST 3. Water a. Surface. 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a network of surface water bodies within the Federal Way School District. The surface water bodies that are in the immediate vicinity of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate When necessary, the surface water regimes and flow patterns have been or will be researched and incorporated into the designs of the individual projects. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans The projects included in the Capital Facilities Plan may require work near the surface waters located within the Federal Way School District Applicable local approval requirements have been or will be satisfied. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Information with respect to the placement or removal of fill and dredge material as a component of the projects included in the Capital Facilities Plan has been or will be provided during project-specific environmental review when appropriate. Applicable local regulations have been or will be satisfied. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Any surface water withdrawals or diversions required in connection with the projects included in the Capital Facilities Plan have been or will be addressed during project- specific environmental review when appropriate 5) Does the proposal he within a 100-year floodplam? If so, note location on the site plan. Each project included in the Capital Facilities Plan, if located in a floodplam area, will be required to meet applicable local regulations for flood areas 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. 8 ENVIRONMENTAL CHECKLIST Specific information regarding the discharge of waste materials that may be required as a result of the projects included in the Capital Facilities Plan has been or will be provided during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Ground 1) Will groundwater be withdrawn, or will water be discharged to groundwater9 Give general description, purpose, and approximate quantities if known. Individual projects included in the Capital Facilities Plan may impact groundwater resources The impact of the individual projects included in the Capital Facilities Plan on groundwater resources has been or will be addressed during project-specific environmental review when appropriate Each project is or will be subject to applicable local regulations. Please see the Supplemental Sheet for Nonproject Actions. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example. Domestic sewage, industrial, containing the following chemicals . . ., agricultural, etc ) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. The discharges of waste material that may take place in connection with the projects included in the Plan have been or will be addressed during project-specific environmental review c. Water Runoff(including storm water) 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Individual projects included in the Capital Facilities Plan may have storm water runoff consequences Specific information regarding the storm water impacts of each project has been or will be provided during project-specific environmental review when appropriate Each project is or will be subject to applicable local storm water regulations 9 ENVIRONMENTAL CHECKLIST 2) Could waste materials enter ground or surface waters9 If so, generally describe The projects included to the Capital Facilities Plan may result in the discharge of waste materials into ground or surface waters. The specific impacts of each project on ground and surface waters have been or will be identified during project-specific environmental review when appropriate Each project is or will be subject to all applicable regulations regarding the discharge of waste materials into ground and surface waters Please see the Supplemental Sheet for Nonproject Actions d Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. Specific measures to reduce or control runoff impacts associated with the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. 4. Plants- a. Check or circle types of vegetation found on the site: deciduous tree. alder, maple, aspen, other evergreen tree- fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants- cattail, buttercup, bullrush, skunk cabbage, other water plants- water lily, eelgrass, milfoil, other other types of vegetation A variety of vegetative zones are located within the Federal Way School District. Inventories of the vegetation located on the sites of the projects proposed in the Capital Facilities Plan have been or will be developed during project-specific environmental review when appropriate. b. What kind and amount of vegetation will be removed or altered? Some of the projects included in the Capital Facilities Plan may require the removal or alteration of vegetation The specific impacts on vegetation of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate c. List threatened or endangered species known to be on or near the site. The specific impacts to these species from the individual projects included in the Capital Facilities Plan have been or will be determined during project-specific environmental review when appropriate. 10 ENVIRONMENTAL CHECKLIST d. Proposed landscaping, use of native plans, `or other measures to preserve or enhance vegetation on the site, if any. Measures to preserve or enhance vegetation at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review Iwhen appropriate. Each project is or will be subject to applicable local landscaping requirements. ' 5. Animals: a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site birds- hawk, heron, eagle, songbirds, other- mammals deer, bear, elk, beaver, other fish. bass, salmon, trout, herring, shellfish, other: An inventory of species that have been observed on or near the sites of the projects proposed in the Capital Facilities Plan has been or will be developed during project-specific environmental review when appropriate. b. List any threatened or endangered species known to be on or near the site 1 Inventories of threatened or endangered species known to be on or near the sites of the projects included in the Capital Facilities Plan have been or will be developed during project-specific environmental review when appropriate c. Is the site part of a migration route? If so, explain. The impacts of the projects included in the Capital Facilities Plan on migration routes have been or will be addressed during project-specific environmental review when appropriate. d. Proposed measures to preserve or enhance wildlife, if any. Appropriate measures to preserve or enhance wildlife have been or will be determined during project-specific environmental review when appropriate. 11 ENVIRONMENTAL CHECKLIST 6. Energy and Natural Resources: a What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires the completion of a life cycle cost analysis of all heating, lighting, and insulation systems before it will permit specific school projects to proceed. The energy needs of the projects included in the Capital Facilities Plan have been or will be determined at the time of specific engineering and site design planning when appropriate Please see the Supplemental Sheet for Nonproject Actions. b. Would your project affect the potential use of solar energy by adjacent properties" If so, generally describe The impacts of the projects included in the Capital Facilities Plan on the solar potential of adjacent projects have been or will be addressed during project-specific environmental review when appropriate. c What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any Energy conservation measures proposed in connection with the projects included in the Capital. Facilities Plan have been or will be considered during project-specific environmental review when appropriate. 7. Environmental Health. a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal`> If so, describe Please see the Supplemental Sheet for Nonproject Actions 1) Describe speciall emergency services that might be required Please see the Supplemental Sheet for Nonproject Actions. 2) Proposed measures to reduce or control environmental health hazards, if any: The projects included in the Capital Facilities Plan will comply with all current codes, standards, rules, and regulations. Individual projects have been or will be subject to project-specific environmental review and local approval at the time they are developed when appropriate. 12 ENVIRONMENTAL CHECKLIST b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment. operation, other)? A variety of noises from traffic, construction, residential, commercial and industrial areas exists within the Federal Way School District. The specific noise sources that may affect the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example- traffic, construction, operation, other)? Indicate what hours noise would come from the site The District does not anticipate that the projects will create long-term increases in traffic- related or operations-related noise levels. 3) Proposed measures to reduce or control noise impacts, if any: The projected noise impacts of the projects included in the Capital Facilities Plan have been or will be evaluated and mitigated during project-specific environmental review when 1� appropriate. Each project is or will be subject to applicable local regulations 8. Land and Shoreline Use: ia. What is the current use of the site and adjacent properties? There are a variety of land uses within the Federal Way School District, including residential, commercial, industrial, institutional, utility, open space, recreational, etc. b. Has the site been used for agriculture? If so, describe. The project sites covered under the Capital Facilities Plan have not been used recently for agriculture c. Describe any structures on the site. The structures located on the proposed sites for the projects included in the Capital Facilities Plan have been or will be identified and described during project-specific environmental review when appropriate. 13 ENVIRONMENTAL CHECKLIST d. Will any structures be demoltshed9 If so, what? The remodeling and renovation projects will require the demolishment of school structures. The structures that will be demolished as a result of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. e What is the current zoning classification of the site? The sites that are covered under the Capital Facilities Plan have a variety of zoning classifications under the applicable zoning codes. Site-specific zoning information has been or will be identified during project-specific environmental review when appropriate f. What is the current comprehensive plan designation of the site? Inventories of the comprehensive plan designations for the sites of the projects included in the Capital Facilities Plan have been or will be completed during project-specific environmental review when appropriate g. If applicable, what is the current shoreline master program designation of the site? Shoreline master program designations of the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify Any environmentally sensitive areas located on the sites of the projects included in the Plan have been or will be identified during project-specific environmental review. i. Approximately how many people would reside or work in the completed project? The Federal Way School District currently serves approximately 22,200 students The student population is expected to increase to 23,000 by the year 2015. This projection has been adjusted to reflect the current economic conditions. The District employs approximately 3,200 people. j. Approximately how many people would the completed project displace? Any displacement of people caused by the projects included in the Capital Facilities Plan has i been or will be evaluated during project-specific environmental review when appropriate. However, it is not anticipated that the Capital Facilities Plan, or any of the projects contained therein, will displace any people. 14 ENVIRONMENTAL CHECKLIST k. Proposed measures to avoid or reduce displacement impacts, if any: Individual projects included in the Capital Facilities Plan will be subject to project-specific environmental review and local approval when appropriate. Proposed mitigating measures will be proposed at that time, if necessary 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any- The compatibility of the specific projects included in the Capital Facilities Plan with existing uses and plans has been or will be assessed as part of the comprehensive planning process and during project-specific environmental review when appropriate. 9. Housing: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing units would be provided in connection with the completion of the projects included in the Capital Facilities Plan b. Approximately how many units, if any, would be eliminated" Indicate whether high, middle, or low-income housing. It is not anticipated that the projects included in the Capital Facilities Plan will eliminate any housing units. The impacts of the projects included in the Capital Facilities Plan on existing housing have been or will be evaluated during project-specific environmental review when appropriate. c. Proposed measures to reduce or control housing impacts, if any: Measures to reduce or control any housing impacts caused by the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate 10. Aesthetics. a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? ` The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate i t15 ENVIRONMENTAL CHECKLIST b. What views in the immediate vicinity would be altered or obstructed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be determined during project-specific environmental review when appropriate. c. Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control the aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be determined on a project-specific basis when appropriate. 11. Light and Glare- a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review. b. Could light or glare from the finished project be a safety hazard or interfere with views' The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare that may affect the projects included in the Capital Facilities Plan have been or will be evaluated during project-specific environmental review when appropriate. d. Proposed measures to reduce or control light and glare impacts, if any: Proposed measures to mitigate light and glare impacts have been or will be addressed during project-specific environmental review when appropriate. 12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Federal Way School District. 16 ENVIRONMENTAL CHECKLIST b. Would the proposed project displace any existing recreational uses? If so, describe. The recreational impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate The projects included in the Capital Facilities Plan, including proposed renovated school and support facilities, may enhance recreational opportunities and uses c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any Adverse recreational effects of the projects included in the Capital Facilities Plan have been or will be subject to mitigation during project-specific environmental review when appropriate A school site usually provides recreational facilities to the community in the form of play fields and gymnasiums. 13. Historic and Cultural Preservation: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe There are no known places or objects listed on, or proposed for such registers on the sites of the projects included in the Capital Facilities Plan. The existence of historic and cultural resources on or next to the sites has been or will be addressed in more detail during project-specific environmental review when appropriate. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites at or near the sites of the projects included in the Capital Facilities Plan has been or will be developed during project-specific environmental review when appropriate. 1 c. Proposed measures to reduce or control impacts, if any: Appropriate measures have been or will be proposed on a project-specific basis when appropriate. 14. Transportation: a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any 1 The impact on public streets and highways of the individual projects included in the Capital Facilities Plan has been or will be addressed during project-specific environmental review when appropriate. 17 ENVIRONMENTAL CHECKLIST b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The relationship between the specific projects included in the Capital Facilities Plan and public transit has been or will be addressed during project-specific environmental review when appropriate. c. How many parking spaces would the completed project have? How many would the project eliminate? An inventory of parking spaces located at the sites of the projects included in the Capital Facilities Plan and the impacts of specific projects on parking availability has been or will be conducted during project-specific environmental review when appropriate d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? if so, generally describe (indicate whether public or private) The need for new streets or roads, or improvements to existing streets and roads has been or will be addressed during project-specific environmental review when appropriate. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportatton9 If so, generally describe. Use of water, rail, or air transportation has been or will be addressed during project-specific environmental review when appropriate. f How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The traffic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate g. Proposed measures to reduce or control transportation impacts, if any: The mitigation of traffic impacts associated with the projects included in the Capital Facilities Plan has been or will be addressed during project-specific environmental review when appropriate. 15. Public Services: a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe The District does not anticipate that the projects identified in the Capital Facilities Plan will substantially increase the need for other public services. b. Proposed measures to reduce or control direct impacts on public services, if any. ' 18 ENVIRONMENTAL CHECKLIST Remodeled/renovated school or facilities will be built with automatic security systems, fire alarms, smoke alarms, heat sensors, and sprinkler systems 16. Utilities: a Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other Electricity, natural gas, water, refuse service, telephone, and sanitary sewer utilities are available at the sites of the projects proposed in the Capital Facilities Plan The types of utilities available at specific project sites have been or will be addressed in more detail during project- specific environmental review when appropriate. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed Utility revisions and construction needs have been or will be identified during project-specific environmental review when appropriate C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature Date Submitted April16, 2008 1 i i i 19 ENVIRONMENTAL CHECKLIST D. SUPPLEMENTAL SHEET FOR NON PROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water, emissions to air; production, storage, or release of toxic or hazardous substances, or production of noise" To the extent the Capital Facilities Plan makes it more likely that school facilities will be constructed and/or renovated and remodeled, some of these environmental impacts will be more likely Additional impermeable surfaces, such as roofs, parking lots, sidewalks, access roads, and playgrounds could increase storm water runoff, which could enter surface or ground waters Heating systems, emergency generators, and other school equipment that is installed pursuant to the Capital Facilities Plan could result in air emissions The projects included in the Capital Facilities Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of the storage of diesel fuel or gasoline for emergency generating equipment The District does not anticipate a significant increase to the production of noise from its facilities, although the projects included in the Capital Facilities Plan will increase the District's student capacities. Proposed measures to avoid or reduce such increases are- Proposed measures to mitigate any such increases described above have been or will be addressed during project-specific environmental review when appropriate Storm water detention and runoff will meet applicable County and/or City requirements and may be subject to National Pollutant Discharge Elimination System ("NPDES") permitting requirements Discharges to air will meet applicable air pollution control requirements Fuel oil will be stored in accordance with local and state requirements. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Capital Facilities Plan itself will have no impact on these elements of the environment. These impacts have been or will be addressed in more detail during project-specific environmental review when appropriate. The projects included in the Plan are not likely to generate severe impacts on fish or marine life i 20 ENVIRONMENTAL CHECKLIST Proposed measures to protect or conserve plants, animals, fish, or marine life are: Specific measures to protect and conserve plants, animals, and fish cannot be identified at this time. Specific mitigation proposals have been or will be identified, however, during project- specific environmental review when appropriate 3. How would the proposal be likely to deplete energy or natural resources? The construction of the projects included in the Capital Facilities Plan will require the consumption of energy. 1 Proposed measures to protect or conserve energy and natural resources are: The projects included in the Capital Facilities Plan will be constructed in accordance with applicable energy efficiency standards. 4 How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands9 The Capital Facilities Plan and individual projects contained therein should have no impact on 1� these resources. Proposed measures to protect such resources or to avoid or reduce impacts are: Appropriate measures have been or will be proposed during project-specific environmental review when appropriate. Updates of this Plan will be coordinated with King County and the cities of Federal Way, Kent, Des Moines, and Auburn as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas To the extent the District's facilities planning process is part of the overall growth management planning process, these resources are more likely to be protected I 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Capital Facilities Plan will not have any impact on land or shoreline use that is incompatible with existing comprehensive plans, land use codes, or shoreline management plans The District does not anticipate that the Capital Facilities Plan or the projects contained therein will directly affect land and shoreline uses in the area served by the District. Proposed measures to avoid or reduce shoreline and land use impacts are: iNo measures to avoid or reduce land use impacts resulting from the Capital Facilities Plan or the projects contained therein are proposed at this time. 21 ENVIRONMENTAL CHECKLIST 6 How would the proposal be likely to increase demands on transportation or public services and utilities9 The projects included in the Capital Facilities Plan may create temporary increases in the District's need for public services and utilities Upon the completion of the projects included in the Capital Facilities Plan, however, the District does not anticipate that its need for public services and utilities will increase substantially beyond existing levels. Proposed measures to reduce or respond to such demand(s) are. No measures to reduce or respond to such demands are proposed at this time. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. , The Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment i . r i 22 i ADDENDUM TO DETERMINATION OF NONSIGNIFICANCE FOR THE FEDERAL WAY PUBLIC SCHOOLS 2010 SIX YEAR CAPITAL FACILITIES PLAN ( Prepared in Compliance with The Washington State Environmental Policy Act Chapter 43.21C Revised Code of Washington ' Chapter 197-11, Washington Administrative Code iDate of Issuance: May 4, 2009 i � 1 i i i ADDENDUM TO THE DETERMINATION OF NONSIGNIFICANCE FOR THE FEDERAL WAY PUBLIC SCHOOLS 2010 SIX YEAR CAPITAL FACILITIES PLAN DESCRIPTION OF PROPOSAL: The proposed action includes the following actions, which are so closely related to each other 1 that they are in effect a single action. 1 The adoption of the Federal Way Public Schools' 2010 Six Year Capital Facilities Plan by the Federal Way Public Schools for the purposes of planning for the facilities needs of the District. 2. The amendment of the King County Comprehensive Plan by King County to include the Federal Way Public Schools' 2010 Capital Facilities Plan as a part of the Capital Facilities Plan Element of the King County Comprehensive Plan. 3. The amendment of the Comprehensive Plans of the City of Federal Way, City of Kent and the City of Auburn to include the Federal Way Public Schools' 2010 Capital Facilities Plan as a part of the Capital Facilities Plan Element of the City of Federal Way's, City of Kent's, and the City of Auburn's Comprehensive Plan. This proposal may also involve the amendment of the Comprehensive Plans of the City of Des Moines to incorporate the Federal Way Public Schools' 2010 Capital Facilities Plan into the Capital Facilities Element of the City of Des Moines' Comprehensive Plan. REASONS FOR THE ADDENDUM: This addendum is issued pursuant to WAC 197-11-625 to provide notice of an extended public comment period. The Determination of Nonsignificance identified a comment deadline of May 2, 2009. The District has extended the comment deadline to May 18, 2009. A copy of this Addendum is being mailed to all interested agencies. These changes do not indicate any new or increased significant environmental impact. PROPOSED TIMING OR SCHEDULE: The Board of Directors for the Federal Way Public Schools will review and could adopt the revised 2010 Capital Facilities Plan May 2009. iLOCATION OF BACKGROUND INFORMATION: Copies of the following documents are available for review at the Federal Way Public Schools ' offices, 31405 18a' Ave S, Federal Way, WA 98003. • Determination of Nonsignificance issued on April 18, 2009 • Environmental Checklist prepared on April 18, 2009. CIRCULATION AND COMMENT: A copy of this Addendum is being mailed to all interested agencies. The District has extended the comment deadline to 5:00 p.m., May 18, 2009. PROPONENT: Federal Way Public Schools , LEAD AGENCY: Federal Way Public Schools is the lead agency pursuant to WAC 197-11-926. RESPONSIBLE OFFICIAL: Tanya Nascimento POSITION/TITLE: Enrollment and Demographics For further information, contact Tanya Nascimento at(253)945-2071. ' DETERMINATION OF NONSIGNIFICANCE Issued with a 14 Day comment and appeals period 1 Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single action: I. The adoption of the Federal Way Public Schools' 2010 Six Year Capital Facilities Plan by the Federal Way Public Schools for the purposes of planning for the facilities needs of 1 the District. 2. The amendment of the King County Comprehensive Plan by King County to include the Federal Way Public Schools' 2010 Capital Facilities Plan as part of the Capital Facilities Plan Element of the King County Comprehensive Plan. 3. The amendment of the Comprehensive Plans of the City of Federal Way, City of Kent and the City of Auburn to include the Federal Way Public Schools' 2010 Capital Facilities Plan as part of the Capital Facilities Plan Element of the City of Federal Way's, City of Kent's and the City of Auburn's Comprehensive Plan. This proposal may also involve the amendment of the Comprehensive Plans of the City of Des Moines to incorporate the Federal Way Public Schools' 2010 Capital Facilities Plan into the Capital Facilities Element of the City of Des Moines' Comprehensive Plan. Proponent: Federal Way Public Schools Location of the Proposal: The Federal Way Public Schools District includes an area of approximately 35 square miles. Areas of the cities of Federal Way, Kent, Des Moines and Auburn fall within the District's boundaries, as do parts of unincorporated King County. i 1 t Lead Agency: Federal Way Public Schools is the lead agency pursuant to WAC 197-11-926. The lead agency for this proposal has determined that the proposal does not have a probable significant adverse environmental impact on the environment. An environmental , impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 5:00 p.m., May 2, 2008. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible Official: Ms. Tanya Nascimenot Enrollment and Demographics Federal Way Public Schools Telephone: (253) 945-2071 Address: 31405 18th Avenue South Federal Way WA 98003 You may appeal this determination in writing by 5.00 p.m., May 2, 2009 to Tanya Nascimento, Federal Way Public Schools, 31405 18th Avenue South, Federal Way, WA 98003. Date of Issue: April 18, 2009 Date Published: April 18, 2009 2 t ' i ORDINANCE NO. AN ORDINANCE of the City Council of the 1 City of Kent, Washington, amending Section 12.13.160 of the Kent City Code to amend the school impact fee schedule (CPA-2009-2). RECITALS A. The City of Kent has adopted a school impact fee program as authorized by the Growth Management Act and RCW 82.02.050. B. Chapter 12.13.070 of the Kent City Code requires that the Capital Facilities Plans of school districts be submitted to the City of Kent on an annual basis for City Council review, and that such review shall occur in conjunction with any update of the Capital Facilities Element of the City's Comprehensive Plan. C. The Kent, Federal Way, and Auburn School Districts have requested amendments to the text of the Comprehensive Plan to reflect 1 proposed changes to impact fees. D. On October 7, 2009, the City provided the required sixty (60) day notification under RCW 36.70A.106 to the State of Washington of the City's proposed amendment to the Capital Facilities Element of the Comprehensive Plan and the sixty (60) day notice period has lapsed. E. After a public hearings before the City Council on November I1 School Impact Fees - 2009 i 17, 2009, the City Council on December 8, 2009, approved Comprehensive Plan Amendment CPA-2009-2 to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, which include changes in proposed impact fees as follows: (1) for the Kent School District, an increase in the school impact fee for single-family units to $5,394, and for multifamily units to $3,322; (2) for the Federal Way School District, a decrease in the school impact fee for single-family units to $3,832, and an increase for multifamily units to $2,114; and (3) for the Auburn School District, an increase in the school impact fee for single-family units to $5,432.70, and for multifamily units to $1,184.71. F. In order to implement the Comprehensive Plan amendment that established the new impact fee schedules referenced above, it is necessary to amend KCC 12.13.160. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE ' SECTION 1. - Amendment. Section 12.13.160 of the Kent City Code is hereby amended as follows: Sec. 12.13.160. Base fee schedule. The following fee shall be assessed for the indicated types of development: Multifamily ' School District Single-Family Multifamily Studio Kent, No 415 $5,304 90 $3,26600 $0 00 5 394 00 3 322 00 Federal Way, No 210 4,01700 1,73300 000 3 832 00 $2,11400 Auburn, No 408 5,374 64 97702 000 1143270 1 184 71 2 School Impact Fees - 2009 SECTION 2. - Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. ' SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2009. APPROVED: day of December, 2009. PUBLISHED: day of December, 2009. 3 School Impact Fees - 2009 r r 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 V\Ovil\OMinance\Schoolimgad-2009 docx r r r r r r r r r 4 School Impact Fees - 2009 r i iKent City Council Meeting Date December 8, 2009 Category Other Business - 7F 1. SUBJECT: COMPREHENSIVE PLAN AMENDMENT TO INCLUDE 2010-2015 CAPITAL IMPROVEMENT PLAN ORDINANCE 2. SUMMARY STATEMENT: This ordinance amends the Capital Facilities Element to include the City's Capital Improvement Plan for 2010-2015. iThe proposed ordinance is being presented at a special meeting of the Operations Committee the same night that they are presented to the full City Council for ' discussion. 1 3. EXHIBITS: Ordinance and its referenced exhibits ` 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? No Revenue? No iCurrently in the Budget? Yes X No 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds to adopt Ordinance No. , amending the Capital Facilities Element of the Comprehensive Plan to include the City's Capital Improvement Plan for 2010- 2015. rDISCUSSION: ACTION: i t i ORDINANCE NO. AN ORDINANCE of the City Council of the ' City of Kent, Washington, amending the Kent Comprehensive Plan and its Capital Facilities Element to reflect a six-year plan for capital Iimprovement projects (2010-2015) (CPA-2009-3). RECITALS IA. The State of Washington Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and the plans from other jurisdictions. ' B. To assure that comprehensive plans remain relevant and up to date, the GMA allows amendments to the capital facilities element of comprehensive plans concurrently with the adoption or amendment of a city budget (RCW 36.70A.130(2)(a)(iii)). C. The City of Kent has established procedures for amending the Comprehensive Plan in Chapter 12.02 of the Kent City Code, allowing amendment of the Capital Facilities Element of the Comprehensive Plan Iconcurrently with the adoption or amendment of the City's budget and allowing the City Council to hold the public hearing instead of the Land 1 Comprehensive Plan Amendment ' to the Capital Facilities Element for 2010-2015 Capital Improvements Use and Planning Board. D. The City of Kent Finance Department has submitted proposed amendments to the Capital Facilities Element of the Comprehensive Plan ' to identify a six-year plan for capital improvement projects, including costs and revenue sources. E. After providing appropriate public notice, the City Council of the City of Kent conducted a public hearing on November 17, 2009, to consider the six-year plan for capital improvements and the requested ' amendment to the Comprehensive Plan and its Capital Facilities Element. F. On October 7, 2009, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 of the City's proposed amendment to the Capital Facilities Element of the Comprehensive Plan. The sixty (60) day notice period has lapsed. G. On November 9, 2009, the City's SEPA responsible official adopted existing environmental documents consisting of the City of Kent Comprehensive Plan Environmental Impact Statement (EIS) Draft and Final (ENV-93-51) and a SEPA Addendum, dated November 9, 2009. The SEPA Addendum explained that the proposed amendment would not r create unavoidable impacts beyond those previously identified in the EIS. H. On December 8, 2009, the City Council for the City of Kent approved the Capital Facilities Element amendment to the Kent Comprehensive Plan (CPA-2009-3) to reflect a six-year plan for capital improvement projects (2010-2015). , 2 Comprehensive Plan Amendment to the Capital Facilities Element for 2010-2015 Capital Improvements 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, 1 WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. The City of Kent Comprehensive Plan and its Capital Facilities Element are hereby amended to reflect a six-year plan for capital improvement projects (2010-2015), as set forth in Exhibit "A" attached and incorporated by this reference (CPA-2009-3). SECTION 2. - Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. I SUZETTE COOKE, MAYOR 1 ' 3 Comprehensive Plan Amendment to the Capital Facilities Element for 2010-2015 Capital Improvements ATTEST: , BRENDA JACOBER, CITY CLERK I APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2009. APPROVED: day of December, 2009. t PUBLISHED: day of December, 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\CompPlanAmend-CapdalImprovePlan2030 docx 4 Comprehensive Plan Amendment to the Capital Facilities Element for 2010-2015 Capital Improvements v 2010 - 2015 Capital Improvement Program Sources of Funds Amounts in 000's 1 1 Grants Other Sources 6% 4% Capital Facilities Fund Improvement Fund 1 4% 23% „ !iipq '!'.tz I _ Street Fund 7% 1 Utility Funds 56% Sources of Funds 2010 2011 2012 2013 2014 2015 Total 1 Capital Improvement Fund 1,467 2,427 3,542 4,142 5.867 6,418 23,863 Street Fund 885 989 1,089 1,189 1,389 1,735 7,276 Utility Funds 8,230 8,385 8,910 9,440 10,675 10,985 56,625 Facilities Fund 600 700 700 700 650 700 4,050 Grants 30 5 655 3,105 1,905 5,700 Bond Proceeds - - - - - - - 1 Sources To Be Determined 10 121 121 3,271 291 146 3,960 Total Sources of Funds 11,192 12,652 14,367 19,397 21,977 21,889 101,474 1 1 t f 2010 - 2015 Capital Improvement Program r Projects Forecast Amounts in 000's Transportation ' 7% Public Safety 5% Parks, Recreation & ^\ Community Services - 22% Utility Fund Projects 56% General Government 10% Projects 2010 2011 2012 2013 2014 2015 Total Transportation 885 989 1,089 1,189 1,389 1,735 7,276 Public Safety 367 387 1,252 1,142 577 1,595 5,320 ' Parks, Recreation 335 881 1,351 5,836 7,621 6,774 22,798 & Community Services General Government 1,375 2,010 1,765 1,790 1,715 800 9,455 Utility Fund Projects 8,230 8,385 8,910 9,440 10,675 10,985 56,625 Total Projects 11,192 12,652 14,367 19,397 21,977 21,889 101,474 r General Government 2010 - 2015 Capital Improvement Program Amounts in Thousands 1 Total 2010 2011 2012 2013 2014 2015 Sources of Funds CIP Revenues 5,405 775 1,310 1,065 1,090 1,065 100 ' Facilities Revenues 4,050 600 700 700 700 650 700 Total Sources of Funds 9,455 1,375 2,010 1,765 1,790 1,715 800 Projects Funded Facilities Emergency Facility Repairs (Lrfecycle) 850 100 150 150 150 150 150 Roof Repairs(Lrfecycle) 1,400 200 250 250 250 200 250 HVAC Lrfecycle Replacements(Lrfecycle) 1,800 300 300 300 300 300 300 Centennial Center Upgrades 160 40 40 40 40 Senior Center Upgrades 40 40 Golf Course Improvements 75 25 25 25 Parks Maintenance Renovation 30 30 Kent Pool Improvements 25 25 Facilities Improvements 100 100 Technology Software Business System Replacements 2,500 500 500 500 500 500 Hardware Lrfecycle Replacements 2,100 150 600 450 450 450 Other General Government Neighborhood Programs 375 75 75 75 75 75 Total Projects Funded 9,455 1,375 2,010 1,765 1,790 1,7_1.5 800 i r r r r t r Public Safety ' 2010 - 2015 Capital Improvement Program Amounts in Thousands t Total 2010 2011 2012 2013 2014 2015 Sources of Funds I CIP Revenues 5,320 367 387 1,252 1,142 577 1,595 Total Sources of Funds 5,320 — _367 387 1,252 1_,142 - 577 1,595 Projects Funded Technology Public Safety MDC Replacements 975 195 195 195 195 195 Fire and Emergency Services Exhaust Extraction Systems 20 20 Security Fences 97 62 35 Breathing Apparatus Replacement Program 860 172 172 172 172 172 Fire Equipment Replacement Fund 440 110 110 110 110 Replacement of Thermal Imaging Cameras 133 133 Replacement Radio Fund 525 525 Police Services CKCF Renovation 1,300 1,300 Reader Board Speed Signs Protect 25 25 ' Robotic Laser Scanning Total Station 50 50 Ergonomic Work Stations 90 90 , Portable Radios-Replacement 200 100 50 50 Crime Scene Van Replacemnt/Egwp Upgrade 75 75 Pursuit Intervention Technique Equipment 25 25 Satellite Processing of Traffic NOls 170 100 70 AR-15 Rifles 75 75 Police/Fire Training Center Training Center Classroom Upgrades 25 25 Citywide Driving Simulator 150 150 Other Public Safety Annex Furniture Upgrades 25 25 Work Crew Van/Trailer Equipment 60 60 Total Projects Funded 5,320 _367 387 1,252 1,142 _ 577 1,595 r f ' Transportation 2010 - 2015 Capital Improvement Program Amounts in Thousands Total 2010 2011 2012 2013 2014 2015 Sources of Funds Street Revenues 7,276 885 989 1,089 1,189 1,389 1,735 Total Sources of Funds 7,276 885 —_989 1,089 1,189 1_,389 _ 1,735 Projects Funded 1 Intersections Willis and Central 500 500 Other Transportation Sidewalk Rehabilitation and Installation 1,800 300 300 300 300 300 300 Miscellaneous Asphalt Overlays 2,500 500 500 500 500 500 Neighborhood Traffic Control 300 50 50 50 50 50 50 Shopper Shuttle 210 35 35 35 35 35 35 Street Channelization Program 445 89 89 89 89 89 Pavement Rating Survey 75 15 15 15 15 15 Miscellaneous Street Projects 1,446 100 200 400 746 Total Projects Funded 7,276 885 — 989 1,089 1,189 1,389 1,735 1 Parks, Rec & Comm Services ' 2010 - 2015 Capital Improvement Program Amounts in Thousands Total 2010 2011 2012 20_1.3_ 2014 2015 Sources of Funds_ , WA State Grant 5,600 600 3,100 1,900 King County Grant 50 50 , Other Grant 50 30 5 5 5 5 Donations/Contributions 75 15 15 15 15 15 CIP Revenues 1,050 25 25 100 300 300 300 CIP REET2 Revenues 12,088 300 705 1,125 1,610 3,925 4,423 Source To Be Determined 3,885 10 106 106 3,256 276 131 Total Sources of Funds 22,798 335 —881 —1,351 5,836 7,621 62774 , Projects Funded ' Community Parks Mill Creek/Greenway Plan&Renovation 650 50 250 350 Valley Floor Athletic Complex Acq& Dev 500 500 ' Rive rwa I k/R iverview Park Development 130 130 Urban Forestry Program 75 35 10 10 10 10 ' Downtown Gateways, Phase 2 450 150 150 150 Kent Parks Foundation 150 25 25 25 25 25 25 Adopt-A-Park Volunteer Program 225 65 40 40 40 40 ' Van Doren's Park Improvements 300 300 Service Club Community Park 200 200 Clark Lake Development 1,050 50 1,000 ' Wilson Playfields Acquisition/Renovation 500 500 Major Entries into Kent 150 50 50 50 Lake Meridian Park Ren & Master Plan 1,300 1,300 ' Regional/Local Dog Off Leash Park 450 100 350 Eagle Creek Park Development 1,000 1,000 Life Cycle-Trails 60 10 10 10 10 10 10 West Fenwick Park Renovation 1,585 85 1,500 Community Sports Fields 4,500 3,800 200 500 , Lifecycle Renovations Life Cycle- Play Equipment 275 125 50 50 50 Life Cycle- Ballfields 175 100 25 25 25 ' Life Cycle- Irrigation 150 75 25 25 25 Life Cycle- Infield Soil 150 75 25 25 25 ' Event Center Lifecycle 1,800 300 300 300 300 300 300 Life Cycle Park System 1,730 346 346 346 346 346 Neighborhood Parks ' 1 Parks, Rec & Comm Services 2010 - 2015 Capital Improvement Program Amounts in Thousands 1 Total 2010 2011 2012 2013 2014 2015 Tudor Square Renovations 68 68 132nd Street Park Development 2,100 100 1,700 300 West Hill Park Development 1,920 100 1,820 S 272nd St Neighborhood Park Develop 100 100 Planning, Architect, Engineer 1 Comprehensive Park&Recreation Plan 30 5 25 Lake Fenwick Park Improvements 350 150 200 Master Plans 150 50 25 25 25 25 1 Arch itect/Engineenng 40 10 10 10 10 Other Parks, Rec & Comm Svc Grant Matching Funds/Land Acq 300 75 75 75 75 Eagle Scout Volunteer Program 185 45 35 35 35 35 Total Protects Funded 22,798 335 881 1,351 5,836 7,621_ 6,774 1 1 1 1 1 1 1 1 1 1 Utilities ' 2010 - 2015 Capital Improvement Program Amounts In Thousands Total 2010 2011 2012 2013 2014 2015 Sources of Funds Water Revenues 18,030 3,500 2,280 2,375 2,375 3,750 3,750 Sewer Revenues 5,100 1,500 1,600 500 500 500 500 Drainage Revenues 33,495 3,230 4,505 6,035 6,565 6,425 6,735 Total Sources of Funds 56,625 8,230 8,385 8,910 9,440 10,675 10,985 , Projects Funded Stormwater Management ' NPDES 1,490 230 240 240 250 260 270 Miscellaneous Drainage Improvement 1,325 265 265 265 265 265 Drainage Infrastructure Replacements 12,100 1,500 2,000 2,500 2,900 3,200 Lake Fenwick 500 500 Miscellaneous Habitat Improvements 1,080 530 550 Green River Levee Repair 17,000 3,000 2,500 2,500 3,000 3,000 3,000 ' Sanitary Sewer Miscellaneous Sewer Replacements 5,100 1,500 1,600 500 500 500 500 Water Supply& Distribution Miscellaneous Water Improvements 8,750 1,750 1,750 1,750 1,750 1,750 3 5MG East Hill Reservoir 3,500 3,500 , Tacoma Pipeline 5,780 530 625 625 2,000 2,000 Total Projects Funded 56,625 8,230 8,385 - 8,910 9,440 10,675 _1.0,985 , ECONOMIC and COMMUNITY DEVELOPMENT ' Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager 1 \'4147 KEN T Phone: 253-856-5454 WASHINGTON Fax: 253-856-6454 ' Address: 220 Fourth Avenue S Kent, WA 98032-5895 CITY OF KENT ' ADDENDUM TO THE KENT COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT Responsible Official: Charlene Anderson SCOPE The City of Kent has completed environmental analysis, pursuant to the State Environmental Policy Act (SEPA), for an amendment of the Capital Facilities Element of the Comprehensive Plan to include the City's 2010-2015 Capital Improvement Plan (CIP). This amendment to the Capital Facilities Element is occurring concurrently with the adoption of the City's 2010 operating budget as provided by RCW 36.70A.130. The GMA requires cities and counties to approve and maintain a six (6) year capital facilities plan which includes requirements for specific types of capital facilities, measurable levels-of-service (LOS) standards, financial feasibility, and assurance that adequate facilities are provided as population and employment growth occurs. Kent's annual budget document and six-year CIP fulfill the GMA requirement for facilities planning. In addition, these documents serve as a foundation for the city's fiscal management and eligibility for grants and loans. The CIP and annual budget, along with the Capital Facilities Element of the Comprehensive Plan provide coordination among the city's many plans for capital improvements. The annual budget and six-year CIP contain broad goals and specific financial policies that guide and implement the provisions for adequate public services and facilities. The six-year CIP is a funding mechanism to implement projects and ' programs identified in the City's Comprehensive Plan. Specifically, the Capital Facilities Element of the Comprehensive Plan contains goals and policies related to the provision and maintenance of public services and capital facilities which are necessary to support the projected growth over the next twenty (20) years. The goals and policies of the Capital Facilities Element are consistent with the Land Use, Transportation and Parks and ' Oper Space Elements. The Comprehensive Plan EIS, draft and final, evaluated the growth potential as identified in the City's Comprehensive Plan. The adoption of the six-year CIP concurrently with the city's annual budget is consistent with the Comprehensive Plan EIS - Addendum Capital Improvement Program 2010-2015 Comprehensive Plan EIS analysis as the types of projects and programs , identified in the CIP are specifically related to the growth projections in the Comprehensive Plan and EIS. SEPA COMPLIANCE In October 1993, the City of Kent issued a Determination of Significance (DS) ' and Notice of Scoping for the Comprehensive Plan (ENV-93-51). After a series of public meetings, a Draft Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft Comprehensive Plan, issued on the same date. The DEIS was distributed to City Council and Planning Commission members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DEIS were solicited and reviewed, , a Final Environmental Impact Statement (FEIS) was issued and distributed on January 30, 1995. This Addendum to the Kent Comprehensive Plan EIS evaluates the adoption ' of the six-year CIP. No additional impacts are identified since the CIP implements projects and programs identified and evaluated in the City's ' Comprehensive Plan and Comprehensive Plan EIS. STATEMENT OF CONSISTENCY , Future projects associated with the CIP will be subject to and shall be consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, International Fire Code, International Building Code, Public Works Standards and all other applicable laws and ordinances in effect at the time a complete project permit application is filed. ENVIRONMENTAL REVIEW — BACKGROUND The City of Kent has followed the process of phased environmental review as it undertakes actions to implement the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197- 11, outline procedures for the use of existing environmental documents and preparing addenda to environmental decisions. , Nonproject Documents — An EIS prepared for a comprehensive plan, development regulation, or other broad based policy documents are considered "non-project," or programmatic in nature (see WAC 197-11-704). These are distinguished from EISs or environmental documents prepared for specific project actions, such as a building permit or a road construction project. The purpose of a non-project EIS Is to analyze proposed alternatives ' and to provide environmental consideration and mitigation prior to adoption of an alternative. It is also a document that discloses the process used in evaluating alternatives to decision-makers and citizens. , Phased Review — SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision making ' process, (WAC 197-11-060(5)). Broader environmental documents may be followed by narrower documents that incorporate general discussion by reference and concentrate solely on issues specific to that proposal. SEPA ' Page 2 of 4 ' ' Comprehensive Plan EIS - Addendum Capital Improvement Program 2010-2015 ' rules also clearly state that agencies shall use a variety of mechanisms, including addenda, adoption and incorporation by reference, to avoid 1 duplication and excess paperwork. Future projects identified and associated with the implementation of the Capital Improvement Program may require individual and separate environmental review, pursuant to SEPA. Such review will occur when a specific project is identified. Prior Environmental Documents - The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the Comprehensive Plan on July 18, 1994 (#ENV-93-51). The DEIS analyzed three comprehensive plan land use alternatives, and recommended mitigation measures, which were used in preparing comprehensive plan policies. The preferred land use alternative which was incorporated Into the Comprehensive Plan was most closely related to Alternative 2 of the DEIS, (the mixed-use alternative). A Final ' Environmental Impact Statement (FEIS) was issued on January 30, 1995, and the Comprehensive Plan was adopted by the City Council on April 18, 1995. Scope of Addendum - As outlined in the SEPA rules, the purpose of an addendum Is to provide environmental analysis with respect to the described 1 actions. This analysis builds upon the Comprehensive Plan EIS but does not substantially change the identified impacts and analysis; therefore it is prudent to utilize the addendum process as outlined in WAC-197-11- ' 600(4)(c). ENVIRONMENTAL ELEMENTS All environmental elements were adequately addressed within the parameters of the City of Kent Comprehensive Plan EIS, draft and final. Further, subsequent "project" actions would require the submittal of separate ' environmental checklists, pursuant to SEPA, which will be analyzed for consistency with the original mitigating conditions and may require new mitigation based upon site-specific conditions. The adoption of the six-year CIP implements goals and policies identified in the City's Capital Facilities Element of the Comprehensive Plan. Specifically, the CIP implements the following: Goal CF-1 — As the City of Kent continues to grow and develop, ensure that an adequate supply and range of public services and capital facilities are available to provide satisfactory standards of public health, safety, and quality of life. ' Policy CF1.2 — Ensure that public services and capital facilities needs are addressed in updates to the Capital Facilities Plans and Capital ' Improvement Programs, and development regulations as appropriate. Goal CF-4 — Ensure that appropriate funding sources are available to acquire ' or bond for the provision of needed public services and facilities. Page 3 of 4 Comprehensive Plan EIS - Addendum ' Capital Improvement Program 2010-2015 SUMMARY AND RECOMMENDATION , SUMMARY ' Kent City Code section 11.03.510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. This nonproject action has been evaluated in light of those substantive ' plans and policies as well as within the overall analysis completed for the City's Comprehensive Plan EIS. DECISION , The City of Kent Comprehensive Plan EIS, draft and final, provided analysis with regard to the implementation of the Comprehensive Plan elements, , goals and policies. This includes the implementation of the Capital Facilities Element and Capital Improvement Programs. The City has reviewed the 2010-2015 CIP and has found it to be consistent with the range, types and ' magnitude of impacts and corresponding mitigation outlined in the Comprehensive Plan EIS. The adoption of the six-year CIP does not substantially change any identified related impacts in the Comprehensive ' Plan EIS. This analysis and subsequent addendum did not identify any new significant impacts associated with the adoption of the 2010-2015 CIP. Therefore, this addendum, combined with the Comprehensive Plan EIS adequately evaluates potential adverse environmental impacts and provides appropriate mitigation , for this nonproject action. Based upon this analysis, a separate threshold determination is not required. This document and corresponding environmental record may be utilized in the future in conjunction with ' environmental review for future projects identified in the CIP in accordance with the guidelines provided by WAC 197-11. Dated: November 9, 2009 Signature: Charlene Anderson, AICP, Responsible Official ' CA.jm\\S•\Permit\Plan\Env\2009\CI Paddendum2D10-2015 doc Page 4 of 4 , KENT WASHINGTON ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS ' Adoption Document(s): EIS ' Description of current proposal: The action proposed by the City consists of the adoption of an updated Capital Improvement Program concurrent with the 2010 city operating budget. The Capital Improvement Plan is an element of the City's ' Comprehensive Plan, Proponent: City of Kent ' Location of proposal: The proposal is a city-wide action. ' Title of document(s) being adopted: City of Kent Comprehensive Plan Environmental Impact Statement Draft (July 1994) and Final (January 1995) - Prepared by the City of Kent. ' Description of document (or portion) being adopted: The City of Kent Comprehensive Plan EIS is being adopted in total. This document evaluated three different land use alternatives for the city. The analysis evaluated the type and range of impacts to the environment associated with each land use alternative and associated development regulations. ' If the document has been challenged (WAC 197-11-630), please describe: The document was not challenged. Document availability: This document is available for review at the City of Kent Planning Services office, 400 West Gower Kent, WA 98032 from 8:00 am to 5:00 pm. We have identified and adopted this document as being appropriate for this proposal after independent review. Along with the addendum, this document meets our environmental review needs for the current proposal and will accompany the proposal to the decisionmaker(s). Name of agency adopting the document: City of Kent ' Contact person/Responsible Official: Charlene Anderson, AICP (253) 856-5431 Planning Manager City of Kent Community Development Dept. 220 Fourth Ave South Kent, WA 98032 Date: November 9, 2009 Signaturezze S:\Permit\Plan\Env\2009\CIPadopt2010-2015.doc Kent City Council Meeting Date December 8, 2009 Category Other Business - 7G ' 1. SUBJECT: DEPARTMENT OF ECOLOGY GRANT FOR THE HORSESHOE BEND LEVEE IMPROVEMENT PROJECT 2. SUMMARY STATEMENT: The Horseshoe Bend Levee Improvements Projects involves reconstruction of the Green River Levee from RM 23.9 to RM ' 26 1 in the City of Kent. The levee reconstruction work will involve setting back the top of the levee from the toe of the Green River channel which would slope the riverbank at a more gradual angle. The reconstruction also includes installation of instream large woody debris structures, excavation of a midslope bench where possible and toe buttress and revegetation of the lower bank and bench with live willow layers and native trees and shrubs. The levee will be ' rebuilt with structural materials which meet FEMA standards for 100 year flood levee certification. Funds from this Grant would be used for Project Administration, Site Survey, ROW Plans/Property Acquisition, Demolition, ' Design Plans, Project Permits, and Construction. 3. EXHIBITS: Memo to Public Works Committee dated 11/19/09 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? — Currently in the Budget? Yes No ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' to authorize the Mayor to sign the Department of Ecology Flood Damage Prevention Construction Project grant in the amount of $9,800,000, direct staff to ' accept the grant, and establish a budget for the funds to be spent within the Horseshoe Bend Levee Improvements Project. The agreement is subject to terms and conditions acceptable to the City Attorney and Public Works Director. DISCUSSION: ' ACTION: PUBLIC WORKS DEPARTMENT ' Timothy J. LaPorte, P E , Public Works Director Phone, 253-856-5500 KENT Fax 253-856-6500 Address- 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 19, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date. December 7, 2009 From: Mark Madfai, Design Engineering Supervisor Through: Timothy J. LaPorte P.E., Public Works Director Subject: Horseshoe Bend Levee Improvements Project/Department of Ecology ' Grant Motion: ' Recommend for the Mayor to sign the Department of Ecology Flood Damage Prevention Construction Project grant in the amount of $10,000,000, direct staff to accept the grant, and establish a budget for the funds to be spent within the Horseshoe Bend Levee Improvements Project. The agreement is subject to terms and conditions the City Attorney and the Public Works Director. ' Summary: The Horseshoe Bend Levee Improvements Projects involves reconstruction of the Green ' River Levee from RM 23 9 to RM 26.1 in the City of Kent. The levee reconstruction work will involve setting back the top of the levee from the toe of the Green River channel which would slop-, the riverbank at a more gradual angle. The reconstruction also includes installation of instream large woody debris structures, excavation of a midslope bench where possible and toe buttress and revegetation of the lower bank and bench with live willow layers and native trees and shrubs The levee will be rebuilt with structural materials which meet FEMA standards for 100 year flood levee certification. Funds from this Grant would be ' used for Project Administration, Site Survey, ROW Plans/Property Acquisition, Demolition, Design Plans, Project Permits, and Construction. Budget Impact: The City will receive $10,000,000 from the Washington State Department of Ecology. ' U lPubbcLOWCommmeeUcfmPage120091120709DGEGranfHorseshoeBeadLewelmprovProjMMad/at doc REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE i D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 KEN W A9HIN OTON OPERATIONS COMMITTEE MINUTES NOVEMBER 3, 2009 Committee Members Present: Debbie Raplee, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:07 p.m. Walk On Item: City Attorney Tom Brubaker presented an add on item which Clark labeled as Item #4 and moved the Budget Financial Summary to Item #5. i 1. APPROVAL OF MINUTES DATED OCTOBER 20, 2009 Thomas moved to approve the minutes of the October 20, 2009 Operations Committee meeting. Raplee seconded the motion, which passed 3-0. i 2. APPROVAL OF VOUCHERS DATED OCTOBER 31, 2009 Finance Director Bob Nachlinger presented the vouchers for October 31, 2009. Raplee moved to approve the vouchers dated October 31, 2009. Thomas seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND COUNCIL ADOPT THE PROPOSED ORDINANCE WHICH AMENDS CHAPTER 3.70 OF THE KENT CITY CODE TO ADD A NEW SECTION 3.70.045 ESTABLISHING A PROCUREMENT PREFERENCE FOR PURCHASING FROM OR CONTRACTING WITH LOCAL KENT BUSINESSES. City Attorney Tom Brubaker reported that Council Members Ron Harmon and Jamie Danielson requested the Law Department prepare a draft ordinance that encourages a "best efforts" approach to purchase from or contract with local Kent businesses. This local business preference, however, will not prohibit City staff from comparing the quality or fitness for use of supplies, materials, equipment, or services when selecting the best vendor, whether within or outside of Kent. Whenever any City staff member decides to procure goods or services from a business outside of Kent, if a local business is also under consideration, the manager in charge of making that procurement shall provide an explanation in a suitable format, electronic or otherwise, that will be retained in a central repository in the City. Brubaker noted that exempt from the provisions of this ordinance are goods or services procured under a cooperative purchase agreement or an interlocal agreement, contracts for professional or technical service consultants as referenced under KCC 3.70.060, contracts entered into under emergency situations, and contracts funded by a separate governmental entity whose laws, regulations, or policies prohibit application of this local business preference. Brubaker added that the Kent Chamber of Commerce wanted to put a floor on this to make it apply only to purchases over $250. If the Operations Committee Minutes November 3, 2009 Page; 2 Committee amends the motion he will go back and incorporate that into the order so it is clear. Council member Raplee noted that this has to do with keeping the written record, don't have to track items under that $250 limit. The Committee raised questions which Brubaker responded to. Thomas moved to recommend Council adopt the proposed ordinance which , amends chapter 3.70 of the Kent City Code to add a new section 3.70.045 establishing a procurement preference for purchasing from or contracting with local Kent businesses with the modification that it applies only to contracts exceeding $250 or more. Raplee seconded the motion, which passed 3-0. 4. RESOUTION REQUESTING STATE ACTION TO EXTABLISH JOINT UNDERWRITING ASSOCIATION REGARDING BUSINESS FLOOD INSURANCE. City Attorney Tom Brubaker Some public comments and media coverage regarding the flooding potential attributable to the condition of the Howard Hanson dam have let to the assumption that winter flooding is inevitable rather than a potential risk. As a result, the insurance market has been inundated with coverage requests, and the market has dried up. The scarcity of any supplemental insurance is a particular hardship for hundreds if not thousands of Green River Valley businesses, given national flood insurance limits of $500,000 for a building and $500,000 for its contents, which is grossly inadequate for commercial, distribution, and warehousing firms that depend on the operation of tens of hundreds of millions of dollars` worth of equipment. This leaves many businesses either unable to insure their operations, subject to dramatically increased costs, or both. Additionally, these insurance concerns have some businesses worried about staying in the Green River Valley, or electing not to locate their operations in what has traditionally be a very business-conducive, business-friendly place to operate. Brubaker advised that the Washington State Legislature has the ability to establish a "Joint Underwriting Association" that can assure the creation of a supplemental insurance market, and which has proven to work in other areas in prior years. The lead time it takes to establish a Joint Underwriting Association, to take administrative steps to form it, and to have insurance available to Green River Valley area businesses can be extensive. Therefore, City staff recommends council adopt a resolution urging the Washington State Legislature to take immediate action to establish a Joint Underwriting Association. This item is presented to the Operations Committee as an information item only. This resolution will subsequently proceed to the Operations Committee and the full City Council for action on November 17, 2009. Council member Thomas had questions regarding the origination of the resolution which Mayor Cooke responded to. The Committee raised further questions which Brubaker responded to. The Committee agreed to approve this resolution today and put under other business at the next Council meeting on November 17, 2009. Raplee moved to recommend Council adopt the proposed resolution requesting the Legislature establish a .joint Underwriting Association to 3 Operations Committee Minutes November 3, 2009 Page; 3 make supplemental flood insurance available to Green River Valley ' businesses. Thomas seconded the motion, which passed 3-0. This will go under Other Business at the next Council meeting. 5. MONTHLY BUDGET SUMMARY (Informational Only) Finance Director Bob Nachlinger provided a brief overview of the Monthly Budget Summary. Nachlinger referred to the chart on page 18, which shows that the actual sales tax collections for the month of July, which were received in September, went up. Nachlinger further noted that expenditures for the month were substantially under budget for the month. Also, should be collecting more than $10 million in property tax in October and another $3 million in November to complete out property tax collection. Still anticipating a healthy ending fund balance in the General Fund. ' Them eting a du*ourne 4:31 p.m. Nancy CI y Operatio s Committe Secretary 1 I I i i ' i i KENO' W A9HINOTON OPERATIONS COMMITTEE MINUTES NOVEMBER 17, 2009 Committee Members Present: Debbie Raplee, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:01 p.m. 1. APPROVAL OF MINUTES DATED NOVEMBER 3, 2009 Thomas moved to approve the minutes of the November 3, 2009 Operations Committee meeting. Raplee seconded the motion, which passed 3-0. 2. AUTHORIZE THE MAYOR TO SIGN THE GOVERNMENT RELATIONS >� CONSULTING SERVICES AGREEMENT FOR 2010 WITH OUTCOMES BY LEVY, IN THE AMOUNT OF 63,600.00 PER YEAR, PLUS AGREED UPON EXPENSES, AND UPON REVIEW BY THE CITY ATTORNEY. Chief Administrative Officer John Hodgson advised that since the year 2000, the city has contracted annually with Doug Levy of Outcomes by Levy to provide services for the city of Kent. These services include the following activities: Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. ■ Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. • Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. ■ Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. ■ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels Hodgson further advised that Mr. Levy has proven himself to be extremely effective In advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding the issues of importance to Kent. Hodgson also pointed out that this is the same contract we have had for the last two years, have not increased this amount at all. The Committee raised questions which Hodgson I responded to. EXHIBITS: Copy of Consultant Services Agreement with Outcomes by Levy BUDGET IMPACT: Budgeted Raplee moved to authorize the Mayor to sign the government relations consulting services agreement for 2010 with Outcomes by Levy, in the amount of $63,600.00 per year, plus agreed upon expenses, and upon review by the City Attorney. Thomas seconded the motion, which passed 3-0. Operations Committee Minutes November 17, 2009 Page: 2 r 4. MOVE TO RECOMMEND TO APPROVE THE APPOINTMENT OF BARBARA SMITH TO THE LODGING TAX ADVISORY COMMITTEE. Economic and Community Development Director Ben Wolters advised that The Lodging Tax Advisory Committee recommends Barbara Smith, current Director of the Kent Downtown Partnership, be appointed to the Committee. Ms. Smith will fill the vacant position left by 3acquie Alexander. Ms. Alexander's term would have expired 12/31/2011. This position is required to be filled by a representative working in activities funded by Lodging Tax. In this position Ms. Smith's her term will expire on December 31, 2011. BUDGET IMPACT: None , Thomas moved to recommend to approve the appointment of Barbara Smith to the Lodging Tax Advisory Committee. Raplee seconded the motion, which passed 3-0. The eeting our 4:10 p.m. 4Nn cy dl ry Operatio s Committee Secretary t _ 1 t Page 1 City of Kent KE T Parks and Human Services Committee Meeting waa u.uere. Minutes of October 15, 2009 Council Committee Members Present: Debbie Ranniger, Elizabeth Albertson, and Tim Clark Call to Order: Debbie Ranniger called the meeting to order at 5:01 p.m. Added Item #3: Federal Department of Justice Grant for Safe Havens - Authorize Item #1a Meeting Minutes Dated September 17, 2009 Tim Clark moved to approve the minutes of September 17, 2009. Elizabeth Albertson seconded and the motion passed 3-0. Item #2: 2010 CDBG Action Plan Dinah Wilson, explained that the City of Kent receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as an Entitlement City. To receive this funding, the City is required to submit a Five-Year Consolidated Plan for Housing & Community Development. The City's Consolidated Plan is in effect from 2008-2012. Prior to the beginning of each year of the Consolidated Plan, the City must inform HUD and the community of the specific actions that the City will execute to implement the objectives and strategies of the Consolidated Plan. The Action Plan also includes the allocation of estimated resources that will be used to carry out the objectives and strategies. Any overages will carry over and be used for approved projects. Elizabeth Albertson moved to approve the proposed 2010 Community Development Block Grant Action Plan, including funding allocations and contingency plans, and authorize the Mayor to execute the appropriate certifications and agreements. Tim Clark seconded and the motion passed 3-0. ' Walk On Item #3• Federal Department of Justice Grant for Safe Havens Program - Accept Jeff Watling reported that the Committee has been updated on the funding situation with the Safe Havens program throughout this year. Safe Havens is a pilot project run by Housing and Human Services for the past six years. Staff found out recently that stimulus funds will not be awarded to the city, so the program is in a critical situation. With the current funding challenges, the funds are expected to expire at the end of this year. Staff began communicating with domestic violence agencies and gaining attention. Jeff commented that this could be a potential path forward. Katherin Johnson agreed that we may have a potential path forward and, though it may not solve the entire problem, it does give us an opportunity to work with the stakeholders to find a permanent solution. IKatherin explained that the city was awarded the second half of the Office on Violence Against Women (OVW) grant of $250,000, which presents $100,000 in 2010, $100,00 in 2011, and $50,000 in 2012. With the budget shortfall, staff approached the OVW to see if the grant can be accepted without penalty, knowing Page 2 there aren't enough funds in the city to continue the program beyond mid-2010. The Office on Violence Against Women confirmed that there would be no consequence since it's a reimbursement grant. Katherin clarified that this is not a unique problem to the City of Kent, grantees are experiencing the same problem, nation-wide. This is no surprise in Washington DC either. In response, the Director is willing to come here and work with the stakeholders to find a solution. Safe Havens Center is often used as a model by the Federal Government. New grantees are sent to tour the center because of its operational success. Katherin indicated that this is a regional service and a regional problem, so staff met with stakeholders for discussion. She feels the collective wisdom of everyone involved is needed to assist in finding a solution. This includes finding the bridge funding of $140,000.00 and an existing non-profit agency with the same mission to take over the program. The stakeholders are willing to help in the transition, and the Executive Director of King County Coalition Against Domestic Violence is willing to accept the role of leader and facilitator of this group to find solutions. Staff will continue to find ways to reduce operational costs, as well. It will be less costly for a non-profit to run the program. Staff is confident that between the stakeholders, the OVW, and the city, a solution will be found. Staff is recommending the new agreement be designed to be contingent upon a written understanding with the OVW that the city would have the right to terminate early without penalty, if the bridge funding is not found, and/or if the ability to transition the program to a nonprofit agency is not accomplished. The program may have to be scaled down, but at least it will be kept in the community, and available for services. This is critical, based on the increased number of domestic violence cases within the City of Kent. Tim Clark voiced concern of the security of the program if it is moved and run by r a different agency. Katherin responded that staff plans to petition for the program to remain in the current facility across from City Hall because security is already in place. Elizabeth Albertson thanked Katherin Johnson for working so hard to save the program and asked her to explain Safe Haven to the viewers. Safe Havens is a safe facility for children to visit the non-custodial parent of families involved in domestic violence, while keeping the victim safe from potential violent behavior. Tim Clark moved to accept the $250,000.00 grant from the Federal Department of Justice, approve expenditure of funds in the Safe Havens Budget, and authorize the Mayor to sign the agreement contingent upon an agreement with the Office on Violence Against Women (OVW) to allow the city to end the project early, or transition the project to a nonprofit. Elizabeth Albertson seconded and the motion passed 3-0. Item #4• Third Quarter Fee-In-Lieu Funds - Accept Between July and September 2009, the City of Kent received a total of $29,913.00 from one developer who voluntarily paid fees in lieu of dedicating 2 I Page 3 ' park land to mitigate the development of single family homes in one subdivision: • Wilson Playfields Acquisition and Development Budget: $29,913.00 from Cedar Point, LLC. Elizabeth Albertson moved to accept the $29,913.00 in fee-in-lieu funds for the third quarter of 2009, and authorize the expenditure of funds in Wilson Playfields Acquisition and Development budget. Tim Clark seconded and the motion passed 3-0. Item #5. 2009 Third Quarter Contributions Report Jeff encouraged the Committee to review the Contributions Report that reflects all cash and in-kind donations from local stores, agencies, and citizens that are less than $5,000 and not required for Council approval. A total of $32,137.13 was donated during the months of July, August and September. These contributions are from businesses and residents who partner with us to provide some great programs and services. The list includes future programs, as staff secure donations for our winter events. Jeff commented that the city has very creative staff and an incredibly supportive community. Item #6: 2009 Third Quarter Re oorrt Jeff informed the Committee that 5,000 lunches were served to low income kids throughout the summer months as part of the Summer Playground Program. The parents had many positive comments regarding the program. Jeff reported that year-to-date player numbers at Riverbend Golf Complex are above 2008 numbers. Larry Tukes, owner and operator of the Douglass Youth Golf Program was recognized in the audience for his leadership and his participation in the youth golf program at Riverbend Golf Complex. Tim Clark asked about community response to the new outdoor movies at Town Square Plaza this summer. Jeff affirmed that the movies were very well received by the community. Tim Clark referenced the Arts Commission documentary video on Earthworks 1 Park. Debbie Ranniger stated that she had attended the showing, along with enthusiasts from all over the world. Debbie said that the video demonstrated how the park integrated great historical value and flood protection together as an art piece. It was shown at the University of Washington and will be shown on TV21 in the near future. Elizabeth Albertson referenced the Memo of Understanding with Catholic Community Services and Kent Lutheran Church for homeless sheltering during cold weather. She asked if contracting is underway with agencies for the impacts of potential flooding. Jeff replied that Calvary South and Kent Lutheran Church have both offered assistance in sheltering. Parks is creating a volunteer program to recruit help from the community to get evacuation notices to the elderly. Debbie Ranniger commented on what a great sustainable activity she experienced 3 Page 4 with the Community Garden this summer. She enjoyed sharing plants and seeds with fellow gardeners and the garden was a record sell-out this year. Jeff noted that more vegetables than flowers were planted this year, which speaks of the challenging economic times. Tim Clark inquired about the Public Service Announcements done by the Teen Council. Jeff shared that the PSA's focus on getting teens ready for high school and what they can expect. The videos are currently showing on TV 21 and awaiting confirmation from Kent Station for showing between reels. Jeff will send the videos to Council to view. Elizabeth Albertson thanked the staff and teens who designed and painted the wonderful mural at the corner of 240th and 104th. The corner is very pleasant to look at now. Item #7: Director's Report. On Saturday, October 19, 91 volunteers cleaned up Clark Lake Park, removed invasive plant material and planted 140 Douglas Fir trees. Make-A-Difference Day is October 17, at Turnkey Park, focusing on trail enhancements and invasive plant removal. Green River Flood Plan. Flood prevention sandbags are going up on the trail. The trail will be closed to bicycles, not pedestrians. Signage is going up and information is being distributed to residents. King County is installing detour maps. Parks and Public Works staff are preparing for facility protection and developing a plan that looks at the 3-5 day window prior to flooding. Aqua bladders will be purchased to protect city buildings. Senior Center Lunch. The new relationship with Panera Bread has proven to be very successful, with 78 lunches sold on the first day of operation. The lunches will be served every Wednesday at the Senior Center. Many thanks to Senior Center staff for finding creative ways to improve services in a financially feasible way. Off Leash Dog Park. A follow-up public meeting is scheduled for October 27, at ' Daniel Elementary from 6:00 - 8:30 p.m. Discussion will be on the two sites chosen as temporary off leash dog areas at 132nd Park, and a 3 acre parcel between Morrill Meadows and East Hill Park. Both sites will net 2.5 acres toward off leash dog areas. The wetland analysis and conceptual designs will be available for feedback at the meeting. Limited capital funds are available, so staff plan to recruit volunteer labor to help build the parks. The meeting adjro�urned at 5:37 p.m. Respectfully `Iit dr - J Teri Petrole, Committee Council Secretary ' 4 1 PUBLIC WORKS COMMITTEE MINUTES Monday, November 02, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Members Ron Harmon were present. Les Thomas was absent. The meeting was called to order at 4:08 p.m. Chair Raplee received concurrence on Item 1 - Approval of Corrected Minutes Dated October 19, 2009, via phone conversation with Councilmember Thomas after the meeting was adjourned. ITEM 1 — Approval of Corrected Minutes Dated October 19, 2009: Committee Member Harmon moved to approve the corrected minutes of October 19, 2009. The motion was seconded by Raplee and passed 3-0, with Thomas's approval. ITEM 2 — Update/Clark Lake Estates: Clark Lake Estates was removed from the agenda. ITEM 3 — Information Only/Fleet Services Update: Fleet Superintendent, Ron Green gave an informative PowerPoint presentation showing the general layout of what Fleet Services does for the City. 1 Information Only/No Motion Required ITEM 4 — Green River Levee Update/Information Only: Tim LaPorte, Interim Public Works Director, gave a brief update on the flood fight. Information Only/No Motion Required Adiourned• The meeting was adjourned at 4.52 p.m. Next Scheduled Meetina: Monday, November 16, 2009 at 4:00 p.m. Cheryl Viseth Public Works Committee Secretary t I i 1 1 t 1 CONTINUED COMMUNICATIONS t A. 1 1 1 1 1 1 t 1 1 i 1 1 1 1 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION 1