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City Council Meeting - Council - Agenda - 01/05/2010
CITY OF KENT City Council Meeting Agenda January 5,, 2010 Mayor Suzette Cooke Debbie Raplee,Council President Councilmembers Elizabeth Albertson Ron Harmon Dennis Higgins xry _ Jamie Perry Deborah Ranniger WASHINGTONKENT Les Thomas CITY CLERK adccVl Nti35 f:"�aYr'u+:S KENT CITY COUNCIL AGENDAS KENT January 5, 2010 W SMINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Ron Harmon Dennis Higgins Jamie Perry Deborah Ranniger Les Thomas *********************************************************************** COUNCIL WORKSHOP CANCELLED *********************************************************************** There will be a reception for the newly elected and re-elected Mayor and Councilmembers in the lobby at 6:30 p.m. COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA I 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. Oath of Office B. Election of Council President C. Public Recognition D. Community Events E. APA Award Presentation F. Introduction of Appointees G. Police Swearing In Ceremony ' 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None C. Aspect Consulting/Environmental Legal Services Contract - Authorize D. King County Metro RapidRide Agreement - Authorize E. King County Metro RapidRide Fiber Optic Agreement - Authorize F. Notice of Sanitary Sewer Connection Charge - Approve (Continued) COUNCIL MEETING AGENDA CONTINUED 1 G. AECOM Levee Improvement Contract - Authorize H. AMEC Geomatrix, Inc. Levee Improvement Contract - Authorize I. Mill Creek Middle School Phase II Bill of Sale - Accept J. River Place at The Lakes Bill of Sale - Accept K. West Valley Highway Sanitary Sewer Replacement - Accept as Complete L. Kent Land Use & Planning Board Appointment - Confirm M. Kent Human Services Commission Appointment - Confirm 7. OTHER BUSINESS None 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION None 12. ADJOURNMENT 1 1 t 1 NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. ' Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF i 'i i B) FROM THE PUBLIC I I I i i I i i E - I ' I i i i i i I PUBLIC COMMUNICATIONS A) OATH OF OFFICE i i B) ELECTION OF COUNCIL PRESIDENT C) ' PUBLIC RECOGNITION D) COMMUNITY EVENTS I E) APA AWARD PRESENTATION I i I i i F) INTRODUCTION OF APPOINTEES G) POLICE SWEARING IN CEREMONY I i Kent City Council Meeting Date January 5 2010 Item No. 6A - 6B CONSENT CALENDAR i 6. City Council Action: Counc lmember moves, Councilmember seconds to approve Consent Calendar Items A through M. pp 9 � Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of December 8, 2009. 613. Approval of Bills. No numbers were available for approval. i i i ` l i i i ' I i i i Kent City Council Meeting KENT WASHINGTON December 8, 2009 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Harmon, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council Administration Staff. (CFN-198) Mayor Cooke advised that the Public Safety Report will be removed from tonight's agenda and brought back in January; she added Introduction of Appointees to Public Communications. B. From the Public. (CFN-198) Continued Communications Item A was added at the request of Matt De Kerrie of Allied Waste. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) A moment of silence was held in honor of four fallen Lakewood Police Officers. The Mayor, Councilmembers and CAO Hodgson expressed appreciation to Council- member Tim Clark for his sixteen years of service on the Council. Mayor Cooke read a proclamation declaring December 8, 2009, as Tim Clark Day in the City of Kent, and Council President Raplee expressed gratitude and presented him with a plaque. The Council recognized Julie Pulliam for her assistance, and explained that she will be working in another department in the future. B. Community Events. (CFN-198) Ranniger noted that the annual Christmas Rush will be held on Saturday, as well as the Spotlight Series event "Late Night Catechism". Thomas noted that the 228th Street dedication will be held at 11:00 a.m. on Tuesday, December 15. C. Employee of the Month. (CFN-147) Employee Services Director Viseth intro- duced December Employee of the Month Patrice Gillum, and commended her for her service to the City. Gillum was given a plaque by Mayor Cooke. D. Introduction of Appointee. (CFN-1170) Barbara Smith, Executive Director of the Kent Downtown Partnership, was introduced by Mayor Cooke, who noted that Smith is her appointee to the Lodging Tax Advisory Board. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through P. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of November 17, 2009, were approved. 1 i Kent City Council Minutes December 8, 2009 i I B. Approval of Bills. (CFN-104) Payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on December 1, 2009, were approved. Checks issued for vouchers were approved: 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 Checks issued for payroll for October 16 through October 31 and paid on November 5, 2009, were approved: i Date Check Numbers Amount 11/5/09 Checks 3314783-315024 $ 194,519.98 11/5/09 advices 257437-258217 1703,809.12 $1,898,329.10 Checks issued for payroll for November 1 through November 15 and paid on November 9, 2009, were approved: 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 f ' 1 Checks issued for payroll for November 1 through November 15 and paid on November 20, 2009, were approved: i Date Check Numbers Amount 11/20/09 Checks 315027-315250 $ 171,374.97 i 11/20/09 Advices 258218-258996 1696,277.98 $1,867,652.95 C. 2010 Government Relations Consulting Services Agreement. (CFN-1216) The Mayor was authorized to sign an agreement with Outcomes by Levy in the amount of $63,000, for lobbying services to be provided during 2010, and all acts j consistent with the terms of the Agreement were ratified. D. Lodging Tax Committee Appointment. (CFN-1170) The Mayor's appoint- ment of Barbara Smith to the Lodging Tax Advisory Committee was confirmed. Ms. Smith's term will expire on December 31, 2011. E. 2009 Annual Docket Report. (CFN-961) 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, was approved. 2 ,4 Kent City Council Minutes December 8, 2009 F. Sale of Surplus Vehicles and Equipment. (CFN-136) Staff was authorized to appropriately dispose of twenty-one (21) surplus vehicles and miscellaneous equipment. G. Contract with Univar USA, Inc. for 2010 Water Treatment Chemical Supply. (CFN-675) The Mayor was authorized 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. H. Contract with ICI for 2010 Water Treatment Chemical Supply. (CFN-675) The Mayor was authorized 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. I. Contract with Gray & Osborne, Inc. for 640 Zone Water Reservoir. (CFN-1310) The Mayor was authorized 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. J. Contract with Washington State Department of Transportation for Review of SR 167 Bridge/S. 224th Street Project. (CFN-1038) The Mayor was author- ized 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. K. Grant from Washington State Department of Ecology for Lake Fenwick Brazilian Elodea Eradication. (CFN-1038) The Mayor was authorized 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. L. Contract with AMEC Geomatrix, Inc. for Downey Farmstead Restoration Project. (CFN-1038) The Mayor was authorized to sign the Contract with AMEC Geomatrix, Inc. in the amount of $20,026, for a report and removal of contaminated soil, and staff were directed 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. M. Contract with Herrera Environmental for Downey Farmstead Restoration Project. (CFN-1038) The Mayor was authorized to sign the contract with Herrera Environmental Consultants in the amount of $139,214 for a Feasibility Study and 30% Design, and staff were directed 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. 3 Kent City Council Minutes December 8, 2009 N. Contract with Shannon & Wilson for Horseshoe Bend Levee Improve- ments. (CFN-1318) The Mayor was authorized 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 Improve-ment Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. O. Contract with GeoEngineers for Horseshoe Bend Levee Improvements. (CFN-1318) The Mayor was authorized to sign the Consultant Services Contract with GeoEngineers in the amount of $135,280, to develop geotechnical design recom- mendations for the Horseshoe Bend Levee Improvement Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. I P. Jail Population Manager Position. (CFN-122) 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 was authorized. OTHER BUSINESS A. Panther Lake Annexation. (CFN-1309) 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 City Attorney noted that copies of the final page of the legal description have been provided to the Council, as it was inadvertently omitted i from the agenda packet. He explained that the proposed ordinance sets the effective date of the annexation as July 1, 2010. Clark moved to adopt Ordinance No. 3936 which annexes the Panther Lake Annexation Area to the City of Kent effective July 1, 2010. Raplee seconded and the motion carried. B. Regional Fire Protection Service Authority. (CFN-122) The Regional Fire Authority Planning Committee has completed the Regional Fire Protection Service Authority (RFPSA) Plan. The Plan now goes forward to the elected officials of both the City of Kent and King County Fire District 37 for approval. If approved, it will be placed on the ballot for a vote by the residents of the service area on April 27, 2010, and if approved, will be created on July 1, 2010. I Fire Chief Schneider announced that the name of the Plan has been changed from the "Regional Fire Protection Service Authority (RFPSA)" Plan to the "Regional Fire Authority (RFA)" Plan, and pointed out other minor changes in the document. He explained that the reason for forming a Regional Fire Authority is to stabilize funding and urged the Council to approve the Plan. Upon a question from Harmon, Chief Schneider noted that the budget for 2010 is the same whether or not the RFA is formed. Raplee moved to approve the Regional Fire Authority Plan and to direct staff to work j 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. Harmon seconded. Clark expressed concern about proper representation of the population. Harmon said the City is simply passing along the opportunity for citizens to vote, and noted that 4 1 ' Kent City Council Minutes December 8, 2009 funding sources for the City have decreased. Danielson said she, too, has signify- cant concerns about representation and about raising taxes, but feels voters should decide. Albertson said she agrees with Clark that the governing authority is not representational. The motion then carried 6-1 with Clark opposed. C. 2009 Property Tax Levy for 2010 Budget. (CFN-104) 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 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. These ordinances were presented and discussed at a special Operations Committee meeting earlier today. The Finance Director explained that a substitute ordinance has been provided to Councilmembers which contains the final assessed valuation figures which were received from King County today. He said the tax rate was adjusted from $2.358 to $2.355 per $1,000 of assessed valuation, which results in a net effect of approxi- mately $30,000. Clark moved to adopt Ordinance Nos. 3937 and 3938 authorizing an increase in the property tax levy and levying the property for collection in 2010. Raplee seconded and the motion carried. D. 2010 Operating Budget. (CFN-186) The proposed ordinance adopts the City's 2010 Budget as 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 was presented and discussed at a special meeting of the Operations Committee earlier today. Mayor Cooke noted that the budget presented tonight incorporates recommendations made at a recent Council workshop, which are the Senior Systems Analyst and the Survey Party Chief being put back into the budget because they were being funded by other revenue sources, and the Prosecutor position being put back into the budget but not being funded. Finance Director Nachlinger emphasized that other than the changes mentioned by the Mayor, the budget is the same as the document previously presented to Council. He then answered questions from Councilmembers relating to the ending fund balance for 2009, noting that adjustments will be made if necessary when the final figures are determined at the end of February. 5 i Kent City Council Minutes December 8, 2009 Clark moved to adopt Ordinance No. 3939 adopting the 2010 Budget. Raplee seconded. Clark noted that Councilmembers have concerns about the budget, but it is fairly conservative. Harmon said he is concerned that the revenue in November and December will fall short of projections. Raplee explained how the reserve fund is used, and noted that further cuts may have to be made at the end of February. Ranniger said she is comfortable with the budget. Thomas said he feels there may be further layoffs or cuts in services, and hopes that the $1,000,000 set aside for the flood fight is available. Danielson spoke in favor of the budget, noting that public safety is a priority and that it contains funds for a potential flood event. She said if revenues come in higher than projected, the capital fund can be rebuilt. Albertson projected that this budget will be off by approximately $2,000,000, but said there are no places to take further cuts without the additional information. Harmon called j for the question and the motion to adopt the 2010 Budget carried 5-2 with Harmon and Thomas opposed. A E. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13. (CFN-775,961,1000) 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. Charlene Anderson of the Planning Division noted that the ordinances were presented and unanimously approved at a special Operations Committee meeting earlier today. Clark moved to adopt Ordinance No. 3940 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. 3941 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. Raplee seconded and the motion carried. F. Comprehensive Plan Amendment to Include 2010-2015 Capital Improve- ment Plan. (CFN-377,775,961) Charlene Anderson of the Planning Division noted that the proposed ordinance amends the Capital Facilities Element to include the City's Capital Improvement Plan for 2010-2015, and that it was presented, discussed and approved at a special meeting of the Operations Committee today. Clark moved to adopt Ordinance No. 3942 amending the Capital Facilities Element of the Compre- hensive Plan to include the City's Capital Improvement Plan for 2010-2015. Raplee seconded and the motion carried. G. Department of Ecology Grant for the Horseshoe Bend Levee Improve- ment Project. (CFN-1318) Public Works Director LaPorte explained the Horseshoe Bend levee improvement project and responded to questions from Council about funding and the possibility of raising 2591" Street. Raplee moved 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 I 6 i I Kent City Council Minutes December 8, 2009 Improvements project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke announced that she will be part of a group working with King County Executive Dow Constantine on policies, budgets, service priorities and improving communications between the County and cities. C. Operations Committee. (CFN-198) Clark spoke about the many changes which have taken place in the City during his sixteen years on the City Council and his experiences on various Boards and Associations during that time. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) Danielson noted that the committee will not meet in December, and announced that after her upcoming marriage, her name will be Jamie Perry. F. Public Safety Committee. (CFN-198) Harmon noted that the committee will not meet in December and gave an update on the activities of the Suburban Cities Regional Law, Safety & Justice Committee. i G. Public Works Committee. (CFN-198) Raplee announced that the second meeting in December has been cancelled and that the next meeting will be at 4:00 p.m. on Monday, January 4, 2010. H. Administration. (CFN-198) CAO Hodgson noted that a cold weather shelter has been opened at the Kent Lutheran Church and that there will be an Executive Session for approximately ten minutes to discuss labor negotiations, with potential action when the meeting reconvenes. I CONTINUED COMMUNICATIONS ADDED A. Food Drive. (CFN-198) Matt DeKerrie of Allied Waste announced that they recently held a food drive and commended Kent residents for their generous donations. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:45 p.m. and reconvened at 8:52 p.m. ACTION AFTER EXECUTIVE SESSION Labor Negotiations. (CFN-198) Hodgson explained the AFSCME contract extension and Clark moved to authorize the Mayor to sign a two-year contract extension with AFSCME Local 2617 effective January 1, 2010 through December 31, 2011. Raplee seconded and the motion carried. 7 f i Kent City Council Minutes December 8, 2009 ADJOURNMENT The meeting adjourned at 8:53 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk I I I 1 I s i I f I t 8 I i Kent City Council Meeting Date January 5, 2010 Category Consent Calendar - 6C 1. SUBJECT: ASPECT CONSULTING/ENVIRONMENTAL LEGAL SERVICES CONTRACT AUTHORIZE I 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 1 to the consultant services agreement with Aspect Consulting for environmental legal services related to the Landsburg Mine site in the amount of $31,979 for a revised contract total of $80596, subject to terms and conditions acceptable to j the City Attorney;and the Public Works Director. The Landsburg Mine is currently being addressed by the state's Department of j Ecology and its Toxics Cleanup Program. Because of the City's concern about potential environmental impacts of the Landsburg Mine on the City's Clark Springs water source, the City would like to retain the services of Aspect Consulting. I 3. EXHIBITS: Memo dated ;11/19/09 and Amendment No. 1 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 I i DISCUSSION: ACTION: 5 LAW DEPARTMENT Tom Brubaker, City Attorney ® Phone: 253-856-5770 KEN -r Fax: 253-856-6770 WASH I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Date: November 19, 2009 To: Chair Debbie Raplee and Public Works Committee Members j PW Committee Meeting Date: December 7, 2009 From: Tom Brubaker, City Attorney Subject: Aspect Consulting/Environmental Legal Services for the Landsburg Mine Site I MOTION: Move to recommend Council authorize the Mayor to sign Amendment No. j 1 to the consultant services agreement with Aspect Consulting for environmental legal services related to the Landsburg Mine site in the amount of $31,979 for a total of $80,596. The agreement is subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The Landsburg Mine site is currently being addressed by the state's Department of Ecology and its Toxics Cleanup Program. Because of the City's concern about potential environmental impacts of the Landsburg Mine on the City's Clark Springs water source, the City would like to retain the services of Aspect Consulting to continue to provide overall guidance to the City of Kent during the development of the Clean-up Action Plan to be issued by the Ecology. Budget Impact: No budget impact 1 7 18 KENT WASHINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Aspect Consulting, L.L.C. CONTRACT NAME & PROJECT NUMBER: Landsburg Mine i ORIGINAL AGREEMENT DATE: March 31, 2009 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original- Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with -this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: i In. addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall. Continue to provide technical support regarding cleanup of the Landsburg Mine Site. For a description, see the Consultant's November 9, 2009 Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $48,617.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $48,617.00 including all previous amendments Current Amendment Sum $31,979.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $80,596.00 AMENDMENT- 1 OF 2 8 t Original Time for Completion June 30,2010 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required for this 184 calendar days Amendment Revised Time for Completion December 31,2010 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will f become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: (signature) By: (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable If Mayor's signature required) Kent Law Department Aspect-Landsburg Mine Amd 1/Peterson AMENDMENT - 2 OF 2 i 9 EXHIBIT A , pectconsulting earth +water November 9,2009 Mr. Tom Brubaker City Attorney City of Kent Law Department 220 Fourth Ave South Kent, Washington 98032-5895 Re: Proposal to Continue Technical Support Regarding Landsburg Mine Site Project No. 090015-999 Dear Mr, Brubaker: This proposal requests authorization to extend our technical support regarding cleanup of the Landsburg Mine Site(Site)and its potential to impact the City of Kent's Clark Springs water source and/or surrounding water resources. Our role is to support the City of Kent(City) with i objective technical and regulatory consultation as the Site proceeds in the MTCA cleanup process. i Scope of Work Aspect Consulting will continue to provide the City with on-call technical and regulatory consultation pertaining to the Landsburg Mine Site cleanup process. For the purposes of this contract extension,we assume we will continue to provide the following general services as requested by the City: • Review and provide written comments/opinions on documents or communications prepared by the PLP Group and/or Ecology. We expect that the largest review/comment effort will be Ecology's Draft Cleanup Action Plan. We assume all of our written materials will be delivered to the City in electronic format; • Conduct limited independent technical analyses as a confirmatory check on work prepared by the PLP Group. This could include analytical groundwater modeling, or other calculations or analyses; • participate in project-related communications including an assumed 4 conference calls, 4 internal meetings with the City, and 3 meetings with the City and PLP Group and/or Ecology;and • Maintain regular communications with the City regarding project status, resolution of questions, or other issues that may arise. 401 Second Avenue S,Suite 201 Seattle,WA 98104 Tel:(206)328-7443 Fax:(206)838-5853 www,aspectconsulting.com a limited liability company 10 City of Kent November 9,2009 Project No. 090015-999 Estimated Cost Our estimated cost to complete the scope of work'described above is$31,979, as detailed in Table 1.The work will be billed on a time and materials basis in accordance withh the attached schedule of charges. If the need arises, additional work orders under this project may be requested. We appreciate the opportunity to continue our involvement in this project. Please contact me at 206-838-5830 if you have questions regarding this proposal. Sincerely, Aspect consulting Steve Germiat,LHG,CGWP Senior Associate Hydrogeologist sgermiat@aspectconsulting.com Attachments: Table 1. —Estimated Cost for Contract Extension,Technical Support Regarding f Landsburg Mine Site Aspect Consulting,LLC Schedule of Charges VA0900151.andsburg Mine Slte\QontractsTroposal MateriaHProposai for Extension t.andsburg Mine 11-9.09.doc � !I I Page 2 , 11 � w O cooar- NNo Cs w M N(D (D N t. ��. I' U �,,, Era Efr � Eft Eft Efr Ei9 �.,� O N 'v 'a c0 o C7 h- N N Q m O t. 0 b C� O M W M N M (D N — „�,� �} W M t- M W � g N (DNe V IT (D O O O F.. M � LO t da Q0co 0 a W a00 y/ L (D Q o V M t'^ 0) O dr N N N L. (L C • N c� X ram.. W W O p !•' 16.► ¢ c4 U w o 0 . O m L. 0 C O Q U) N O o R C •N V1 O �O W N V N E ua U U U N .0 C 0 � U Ci3 ca E W N N Q) 2-C C td p @ a) N E U to ((S Vl V! E 2 2 2 0 N q 12 Effective February 2009 ASPECT CONSULTING,LLC SCHEDULE OF CHARGES Unless otherwise stated in the proposal or services agreement, current rates are as follows: i I Personnel Charges—Engineers and Scientists Principal.................................................................................$165.00 to$173.00/hour Sr. Consultant.........................................................................$155.00/hour Sr.Associate..........................................................................$150.00/hour Associate ............................................................................... $140.00/hour Senior.....................................................................................$125.00/hour j Sr. Project................................................. ........................$113.00/hour Project.................................................................I....I.............$103.00/hour Sr. Staff.................................................................................... $89.00/hour Staff..................... .................................................................. $78.00/hour Legal Testimony(4-hour minimum).....................................$250.00/hour Other Personnel and Disbursement Charges Sr, G1S/CAD Specialist.................... ..$89.00/hour ..................................... GIS/CAD Specialist.................................................................$78.00/hour Project Assistant...................................................................... $65.00/hour Pour-wheel Drive Field Vehicle::..........................................$90.00/day (w/up to 100 miles) Mileage.................................................................federal gov't rate plus 15% Subcontractors and Miscellaneous Expenses..........................cost plus 15% Reproduction .... ..... ... ..$0.15/sheet Oversize Reproduction(out of house).....................................cost plus 15% Other equipment rental and expenses will be provided on a per job basis. i i 401 Second Avenues,suite 201 Seattle,WA 98104 Tel;(206)328-7443 Fax:(206)838-5853 www.aspectconsuiting.com a limited liability company GSR SG RAT ( M/DDIYYYY) Aeor�D,W CERTIFICATE OF LIABILITY INSURANCE ASPIC-� 1io5 09 THISPRODUCER ONLY ANDIFICATE CONFERS NO RIGHTS UPON THEIS ISSUEPAS A MATTERC ER IF CATEION Prague Israel Giles HOL THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ra Fourth Avenue, Suite 2Q00 ,r T'E COVERAGE AFFORDED BY THE POLICIES BELOW. ;01I Seattle WA 98101-1637 NAIC# Phone: 206-623-7Q35 Fax:206-682-�l99 INSURERS AFFORDING COVERAGE vsuRED rasERA: Colony Insurance Co. INSURER B: Asp ect Consulting, LLC ¢� •ri. <:4 Bainbridgeeisland North �' ' tine �,',e�aSUREr7,pr.,,, , E INSURER E: COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI , THE POLICIES OF INSURANCE INDICATED.NO TWITHSTANDING ANY REQUIREMENT,TERM INSURANCE CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ID HEREIN SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LIMITS NSK LTR SR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDJYY E DATE(MM/DD TI EACH OCCURRENCE $•2,000,000 GENERAL LIABILITY $ 50 000 A X X COMMERCIAL GENERAL LIABILITY CGL3 0 0 0 8� 11/Q�/0 9 1�/0�/�0 PREMISES Ea occure' )_ CLAIMS MADE �OCCUR MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY s2,000,000 GENERAL AGGREGATE s2,0001000 PRODUCTS-COMPIOPAGG $2,000,000 ` GEN'L AGGREGATE LIMIT APPLIES PER: ` POLICY dECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ AS A (Ea accident) ANY AUTO 'H41S CONTRACT IS REGIS KED AND DEL CG CODE COVERAGE ER THE INS $ ALL OWNED AUTOS SL1RPIrt7S I INE T(��1 ENACTED 1947, IT IS BODILY INJURY OF THE STATE OF WASHIN WASHII�<(.j Person) I SCHEDULED AUTOSGULATED THE T P NOT ISSUED BY A CoC;OTJPA SIONER AND IS OT I�IZOT�CT��' BODILY INJURY $ HIRED AUTOS S fATE INSURANCE COIN LAW, (Per accident) NON-OWNED AUTOS 1Y ANY WASMOTON ST O���Y PROPERTY DAMAGE $ (Per accident) AUTO ONLY-EA ACCIDENT S GARAGE LIABILITY EA ACC $ I OTHER THAN _�__- -----�•---"' ANY AUTO AUTO ONLY: AGG $ EACH OCCURRENCE EXCESSIUMBRELLA LIABILITY AGGREGATE $ OCCUR Q CLAIMS MADE $ i $ DEDUCTIBLE $ RETENTION $ - TORY LIMITS ER WORKERS COMPENSATION AND A EMPLOYERS'LIABILITY CGL300084 11/01/09 11/Q1/1Q E.I-.EACIIACCIDENT $ 1,000,OOp ANY PROPRIETOR/PARTNER/EXECUTIVE E,L,DISEASE-EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? WA STOP GAP E.L.DISEASE-POLICY LIMIT $1,000,000 If yes,describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS The City of Kent is additional insured with respects liability arising out neral Liability and of operations by or on behalf of the Named Insured for Ge Insurance is Primary per form EV-200 attached Contract #090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Kent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn: Nancy Xoshitake REPRESENTATIVES, 400 West Gowe AUTHO E PRESENT Kent WA 98032 ©ACORD CORPORATION 198E ACORD 25(2001108) 14 I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms andconditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I DISCLAIMER t The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it I affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. l I f ACORD 25(2001108) 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL. INSURED -- OWNERS, LESSEES OR. CONTRACTOR. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Persons) or Organization(s): Where Required By Written Contract i Information required to complete this Schedule, if not shown above, will be shown in the Declarations, SECTION III —WHO IS AN INSURED within the Common Policy Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely as respects."claims" caused in whole or in part, by "your work" for that insured by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named in sured's sole negligence. 1 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. i 1 i i Page 1 of 1 EV200-0709 GSR SG�DATEYY) AC®RD. CERTIFICATE OF ILIA�tLIT`Y" ttVSURANC+E ASPEC-19 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ,ragas Israel Gales ALTER THE COVERAGE AFFORDED BY THE POLICIES.BELOW. 01 Fourth Avenue, Suite 2000 aeattle WA 98101-1637 NAIC# phone: 206-623-7035 Fax:206--682-'4993 1NSURERSAFFORDINGGOVERAGE INSURED INSURER A: American States Insurance Co. INSURER B: National Union Fire ins. Co. Aspect COnSaltan , LLC INSURER C: Bainbrid eeisland WAt98110 INSURERD; INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 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, P LIMITS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDfYY DATE M N IDDIYY EACH OCCURRENCE $ GENERAL LIABILITY $ PREMISES(Ea occurence COMMERCIAL GENERAL LIABILITY MED EXP(Any one person) $ CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ i GENERAL AGGREGATE $ PRODUCTS-COMPIOPAGG $ GEN'L AGGREGATE LIMIT APPLIES PER; POLICY JECT LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1 r 000+000 f O1CI1077852 11/01./09 1.1./01/10 (Ea accident) A X ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS X $500 Ded Comp PROPERTY DAMAGE AGE $ (per accident) X $500 Ded Coll AUTO ONLY-EA ACCIDENT $ GARAGE LIABILITY EA ACC $ OTHER THAN ANY AUTO AUTO ONLY: AGG, $ I EACH OCCURRENCE $5+000 r 000 EXCESSIUMBRELLA LIABILITY B X OCCUR � CLAIMSMADE BFa04113088a 11�01�a9 11�a1�10 AGGREGATE $5+000,000 $ I $ DEDUCTIBLE $ RETENTION $ TORY LIMITS ER I WORKERS COMPENSATION AND E.L.EACH ACCIDENT $ EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.DISEASE.EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? Des describe under E,L,DISEASE-POLICY LIMIT $ EGIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Contract #090015 CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPI I "0 DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRIT I NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Kent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,I=AGENTS Attn: Nancy Yoshitake REPRESENTATIVES. 400 West Goble AUTHO E PRESENT Kent WA 98032 ©AGORD CORPORATION 188 ACORD 25(2001108) 17 I I , i I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate Iholder in lieu of such endorsement(s). I I DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. I I I i i 1 I I ACORD 26(2001108) YYY CSR SG GATE{MMIpDIY ) A�.QRD. CERTIFICATE OF LIABILITY INSURANCEASPEC-1 I$ 0,5 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cprague Israel Giles HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 501 Fourth Avenue, Suite 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 6eattle WA 98101-1637 Phone: 206-623-7035 Fax:206-682-4993 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A: Colony Insurance Co. INSURER 8: Asect Consulting, LLC INSURER C: 173 Madrone Lane North INSURER D: Bainbridge Island WA 98110 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 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, LTR NSR TYPE OF INSURANCE POLICY NUMBER PATE MMIDDIYY)E PDATEMIDDm LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE 0 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ POLICY dECT M LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO 70 CONTRACT IS REGISTE ,D AND DEL 'RED AS A (Ea accidonl) j ALL OWNED AUTOS SURPLUS LINE COVERAGE ER THE INS I9 INSURANCE COD - — -I OP TIC STATE OF WASHING rON,ENACTED 13 4 1947. IT IS BODILY INJURY $ SCHEDULED AUTOS NOT ISSUED$Y A COMP REGULATED B THE WASfIlY1'y3 '(Per person) HIRED AUTOS STATE INSURANCE COMMISSIONER AND IS OT PROTECITP BODILY INJURY NOWOWNED AUTOS w ANY WA.SHINGTON STATEGUARANTY LAW (Per emident) $ PROPERTY DAMAGE $ F1 (Per accident) 1 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR Q CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ , RETENTION $ WC STATU- $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMSER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ if yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Professional Liab PKC30083 11/01/09 11/01/10 Ea Claim 5,000,000 � I Pollution Liab Total Clm 5,00q 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS EVIDENCE ONLY II I Contract #090015 I ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 80 SHALL City of Kent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Nancy Yoshitake 400 West Grave REPRESENTATIVES, Kent WA 98032 AUT=PRESENT ACORD 25(2001108) ©ACORD CORPORATION 191 19 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. I i i ; I I , I i ACORD 25(2001/08) i I Kent City Council Meeting Date January 5, 2010 Category Consent Calendar - 6D 1. SUBJECT: KING COUNTY METRO RAPIDRIDE AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the RapidRide Agreement with King County Metro, to provide new, more efficient bus service on Pacific Highway South (SR 99) in Kent, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The City of Kent RapidRide Agreement establishes a cooperative framework for the City to work with King County Metro, to provide a new, more efficient bus service on Pacific Highway South (SR 99) in Kent. It also provides the City with traffic signal controllers for the signalized intersections. i 3. EXHIBITS: Memo dated '12J7/09 and Agreement i 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) i 5. FISCAL IMPACT; Expenditure? N/A Revenue? Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds I i DISCUSSION: ACTION: i 21 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director • Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 7, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: December 7, 2009 From: John Rostad, Signal Operations Engineer Through: Timothy J. LaPorte P.E., Public Works Director Subject: RapidRide Agreement with King County Metro Motion: Move to authorize the Mayor to sign the RapidRide Agreement with King County Metro, to provide a new, more efficient bus service on Pacific Highway South (SR 99) in Kent. The agreement is subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The City of Kent RapidRide Agreement establishes a cooperative framework for the City to work with King County Metro, to provide a new, more efficient bus service on Pacific Highway South (SR 99) in Kent. It also provides the City with traffic signal controllers for the signalized intersections we operate on Pacific Highway South. Budget Impact: The RapidRide project is funded entirely by King County Metro. U:\Public\PWCommittcc\ActionPagc\2009\I2 07 09 RapidRideAgrmntKCMetroJRostad.doc 23 Agreement between the City of Kent and King County for the Construction and Implementation of Intelligent Transportation System Improvements to Support the A-Line RapidRide Project This AGREEMENT is made and entered into this day of , 2009 by and between the City of Kent,hereinafter referred to as the"City," and King County,hereinafter referred to as the"County," both of which may be collectively referred to as the"Parties." WHEREAS, the King County Ordinance No. 15582 (Transit Now Ordinance) identified a number of transit service measures to be implemented using the one-tenth of one percent sales and use tax collected through Transit Now that focus on capital, operating, and maintenance improvements that are expected to expand and improve bus service on local streets and arterials within King County; and WHEREAS, one of the programs specifically identified in the Transit Now Ordinance was the development and implementation of a bus rapid transit program in five distinct corridors, including new bus rapid transit services connecting the Tukwila International Boulevard Link Station and the Federal Way Transit Center; and WHEREAS, the key elements of bus rapid transit include new, low floor,hybrid diesel-electric buses; improved frequency of bus service; improved traffic operations; and transit stations with real time passenger information signs; and WHEREAS,mutually beneficial contractual arrangements with other public entities that leverage public funds to provide both new and better bus service to cities employers is a key strategy identified in the Transit Now Ordinance approved by King County voters in the general election on November 7,2006; and WHEREAS,the County, along with the City of Des Moines,the City of Kent,and the City of Federal Way developed the Pacific Highway South/International Boulevard RapidRide Proposal, dated December 18,2007 ("RapidRide Proposal") which identified a set of capital improvements to improve the speed, safety, and reliability of transit service along the corridor; and WHEREAS,the County's bus rapid transit along this corridor is named A-Line RapidRide and the Parties are interested in advancing the implementation of this project; and WHEREAS, the approved King County transit capital program includes funding to support these investments in traffic signal systems and communication necessary to implement A-Line RapidRide; and WHEREAS, as part of the City's Pacific Highway South Redevelopment Project,the County provided $172,000 in local match funds to the City for transit related; NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND AGREEMENTS SET FORTH HEREIN,AND FOR OTHER GOOD AND VALUABLE CONSIDERATION,THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY BOTH PARTIES, THE PARTIES AGREE AS FOLLOWS: Section 1.Purpose The purpose of this Agreement is to establish the roles and responsibilities of the Parties regarding the construction and funding of the A-Line RapidRide Intelligent Transportation Systems (ITS) 24 Improvements (the"A-Line ITS Improvements"). The Parties accept the RapidRide Proposal as the guiding document for project design of the A-Line ITS Improvements. i i Section 2. County Responsibilities 2.1 The County shall be responsible for all work activities required to design, construct, and inspect the A-Line ITS Improvements. A summary of the A-Line ITS Improvements is provided in Attachment A. The estimated cost for the A-Line ITS Improvements is $525,951. 2.2 The County shall submit to the City plans implementing the A-Line Improvements for the City's review and approval before initiating construction. The City will have the opportunity to review and provide written comments on the plans for consistency with the recommended A-Line ITS Improvements. The County shall submit these plans to the City in electronic form. 2.3 The County shall be responsible for the administration of any contracts it enters into for the performance of its responsibilities under this Agreement. The County shall provide the City with quarterly progress reports to identify work progress and other matters of significance in the performance of this Agreement. Before the issuance of a change order or any acceptance of contractor's work, the County shall notify the City and provide the City with the opportunity to comment on and inspect the work. 2.4 However,neither the City's comments on,nor inspection of,the A-Line ITS Improvements constructed pursuant to this Agreement will relieve the County of its responsibility for said improvements. 2.5 The County shall develop new traffic signal timing plans for signal coordination and transit signal priority consistent with the Bus Rapid Proposal. The City shall review and approve the new traffic signal timing plans. t i Section 3. City Responsibilities 3.1 Upon notification by the County of completion of the A-Line ITS Improvements identified in Section 2, the City shall review the A-Line ITS Improvements. If the City finds that any work does not meet the terms of the final plans, specifications, and approved change orders, the City will prepare a punch list of such items and submit it to the County. The work shall be promptly corrected by the County at no cost to the City.Notice of acceptance will not constitute acceptance of any unauthorized or defective work or material. i 3.2 The City shall implement new traffic signal coordination and transit signal priority timing plans consistent with the RapidRide Proposal. The principles for the implementation and on-going operations of transit signal priority and other signal operation elements are provided in Attachment B. 3.3 The City agrees to upgrade its traffic signal controllers at the signalized intersections as identified in the Proposal. This upgrade will consist of the following: a Seimens 2070 traffic signal controller, SEPAC Firmware Version 3.32, or other firmware version approved by the Parties that provides comparable or better transit signal priority capabilities. i 3.4 The City agrees to install in its traffic signal controller cabinets an interface panel that is pre- wired to accept connections to transit priority request generator. The interface panel will be jointly approved and located by the Parties. 2 25 3.5 The City shall permit the County to install new County-owned Intelligent Transportation System (ITS) communications and terminate the ITS cabinet power conductors to a new 20 amp breaker installed in the existing service cabinet. Section 4.Fiber Optic Cable Installed on Pacific Highway South 4.1 The County shall install a 72-count fiber cable as a part of the A-Line ITS Improvements. This cable size will provide future communication capacity which could be used by the local agencies for other purposes. The distribution of the fiber is as follows: King County Metro Rapid Ride 24 strands City of Kent Communications 24 strands Interagency Communications 24 strands 4.2 The Parties will enter into a separate fiber optic project agreement to establish the terms and conditions for the ownership and maintenance of the 72-count fiber cable. 4.3 The City shall permit the County to use city-owned conduit in order to route the fiber optic cable associated with the A-Line ITS Improvements. Section 5.Financing 5.1 Total Project Budget. The project budget is $525,591. 5.2 County Contribution for City Performed Work. The County will pay the City for the work performed by the City in support of this Agreement during the construction and acceptance of the A-Line ITS Improvements. Upon completion of City performed work,the City will invoice the County for an amount not to exceed$8,000. The County will make payment to the City within (30)days of receipt of an invoice for work determined to be performed in accordance with the terms of this Agreement. Section 6. Schedule 6.1 The scheduled date to begin construction of the A-Line ITS Improvements is January 15, 2010. 6.2 The scheduled date for completion of the A-Line ITS Improvements is September 30, 2010. 6.3 The scheduled date for beginning RapidRide service is Summer 2010. Section 7. Ownership and Maintenance of Completed Improvements 7.1 The A-line ITS Improvements to existing City-owned conduit,junction boxes, and traffic signal control equipment shall become the property of the City upon their completion and final acceptance. The separate agreement on the terms and conditions for the sharing of fiber optic installation projects will establish the ownership and maintenance responsibilities for the 72- strand fiber optic cable. 3 26 Section 8.Insurance and Indemnification 8.1 Insurance Requirements. If the County uses a contractor to perform work under this Agreement, after taking into account the scope of work and services which may be performed by its contractor(s),the County shall require that the County's contractor maintain Commercial General Liability,Professional Liability if professional services are required, Automobile Liability insurance, Statutory Workers Compensation,Employers Liability/Stop and other insurance as may be required with prudent limits of liability as established by a County risk assessment. 8.2 Any such contractor insurance specified in Subsection 8.1 shall insure the County, its contractor, and the City and its officers, officials, agents and employees against loss arising out of or in connection with activities,performed in furtherance of this Agreement by the County's { contractor. Contractor's general and automobile liability insurance and other liability insurance as may be required shall include the City and its officers, officials, agents and employees as an additional insured and shall contain standard separation of insureds language. The County's contractor's insurance shall be primary to and not contributing with any insurance or self insurance that may be carried by the City. f 8.3 Indemnification and Hold Harmless. To the maximum extent permitted by law, each Party shall protect, defend,indemnify and save harmless the other Party, its officers, officials, employees and agents while acting within the scope of their employment as such,from any and all suits,costs, claims, actions, losses,penalties,judgments, and/or awards of damages, of r whatsoever kind arising out of, or in connection with,or incident to the services associated with this Agreement caused by or resulting from each Party's own negligent acts or omissions. Each l Party agrees that it is fully responsible for the acts and omissions of its own subcontractors,their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of l its employees or agents. The foregoing indemnity is specifically and expressly intended to l constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act,RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Each Party shall require similar indemnification language in all Agreements with subcontractors entered into in conjunction with this Agreement. 9. Effective Date and Term of Agreement This Agreement shall take effect upon the latest date on which one of the Parties executes this Agreement, and shall continue unless terminated pursuant to the terms of this Agreement. 10. Termination for Material Breach Either Party may terminate this Agreement in the event that the other Party materially breaches this Agreement. Written notice of such termination and a description of the breach must be given via certified mail by the Party terminating this Agreement to the other Party not less than sixty(60)days prior to the effective date of termination. The breaching Party shall be given this sixty days in which to cure its material breach. If the breaching Party fails to cure within sixty days,the Agreement is immediately terminated. Upon termination, the Parties shall determine final costs and payments to be made by each Party. 4 27 11. Entire Agreement and Amendments 11.1 Entire Agreement. This document contains all terms, conditions and provisions agreed upon by the Parties hereto, and shall not be modified except by written amendment. 11.2 Amendments.Except as otherwise provided for in this Agreement, amendments may be made to this Agreement within the previously approved budget or other applicable authority for and on behalf of the City by its Mayor or designee, and for and on behalf of the County by its General Manager of the Transit Division and shall be in writing and executed by such duly authorized representative of each Party.No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties hereto. 12. Notification and Identification of Contacts 12.1 Notice. Any notice or communication required or permitted to be given pursuant to this Agreement shall be in writing, and shall be sent postage prepaid by U.S. Mail,return receipt requested, to the contact persons and addresses identified in Subsection 12.2 of this Agreement unless otherwise indicated by the Parties in writing. 12.2 Contact Persons and Addresses. The contact persons for the administration of this Agreement are as follows: City of Kent Steve Mullen Transportation Engineering Manager Public Works Dept., City of Kent 220 Fourth Avenue South Kent,WA 98032-5895 King County,Metro Transit: David Cantey,Transit Speed&Reliability 201 S Jackson Street KSC-TR-0411 Seattle,Washington 98104-3856 (206)684-6794 13. Dispute Resolution Process The Parties,through their designated representatives identified in Subsection 12.2 of this Agreement, shall use their best efforts to resolve any disputes pertaining to this Agreement that may arise between the Parties. If these designated representatives are unable to resolve a dispute,the responsible Project Directors of both Parties shall review the matter and attempt to resolve it. If they are unable to resolve the dispute, the matter shall be reviewed by the department directors of the Parties or their designees. The Parties agree to exhaust each of these procedural steps before seeking to resolve disputes in a court of law or any other forum. 14. Records Retention and Audit During the progress of the Work and for a period not less than three(3)years from the date of completion of the Work or for the retention period required by law,whichever is greater,records and accounts pertaining to the Work and accounting therefore are to be kept available by the Parties for inspection and audit by representatives of the Parties and copies of all records, accounts, documents, or other data 5 28 pertaining to the Work shall be furnished upon request. Records and accounts shall be maintained in accordance with applicable state law and regulations. J 15. Compliance with Applicable Laws The Parties agree to comply with all applicable federal, state, and local laws,rules, and regulations, including those pertaining to nondiscrimination, and agree to require the same of any subcontractors providing services or performing any of the Work using funds provided under this Agreement. 16. Legal Relations 16.1 No Partnership or Joint Venture.No joint venture, agent-principal relationship or partnership is formed as result of this Agreement. No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees or agents of the other Party. 16.2 No Third Party Beneficiaries.It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 16.3 Assignment.Neither this Agreement,nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 16.4 Binding on Successors and Assigns. This Agreement, and all of its terms,provisions, f conditions, and covenants,together with any exhibits and attachments now or hereafter made a part hereof, shall be binding on the Parties and their respective successors and assigns. 16.5 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between,and mutually drafted by both Parties. j 16.6 Waiver of Default.Waiver of any default shall not be deemed to be a waiver of any subsequent default; as such, failure to require full and timely performance of any provision at any time shall not waive or reduce the right to insist upon complete and timely performance of any other provision thereafter. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing, signed by duly authorized representatives of the Parties, and attached to the original Agreement. 16.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16.8 Jurisdiction and Venue. The King County Superior Court, situated in Seattle,Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 16.9 Rights and Remedies. The Parties'rights and remedies in this Agreement are in addition to any other rights and remedies provided by law. 16.10 Severability.If any provisions of this Agreement are held invalid by a court of competent i jurisdiction,the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated by the Parties. I 6 29 16.11 Entire Agreement. This Agreement embodies the Parties'entire understanding and agreement on the issues covered by it, except as may be supplemented by subsequent written amendment to this Agreement, and supersedes any prior negotiations,representations or draft agreements on this matter, either written or oral. 16.12 Survival. Each of the provisions of this Section 16 shall survive any expiration or termination of Agreement. 17. Execution of Agreement— Counterparts This Agreement may be executed in two(2)counterparts, either of which shall be regarded for all purposes as an original. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated under their signatures. KING COUNTY CITY OF KENT DEPARTMENT OF TRANSPORTATION METRO TRANSIT DIVISION By: Kevin Desmond, General Manager By: Suzette Cook,Mayor Dated: Dated: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Senior Deputy Prosecuting Attorney City Attorney Dated: Dated: 7 30 Attachment A Summary of A-Line ITS Improvements Cost of Financial Plan Item Improvements County City 1' Install new 2070N controllers running SEPAC $525,591 $525,591 -0- I software in existing cabinets at each signalized intersection. 2' Convert the interconnect between signals from the existing copper over to the new fiber. Install fiber optic Ethernet switches in each of the controller cabinets. 1 3. � Install new ITS cabinets at each signalized intersections along the RapidRide route. 4' Install an Ethernet over copper switch at S 260t" Street for city provided connection to city hall. 5. Equip the following intersections for transit signal i priority, including all the required communications hardware: ■ S 2401h Street ■ S 252°d Street ■ S 2601h Street ■ S 272°d Street 6' Install antennas, wireless access points,fiber termination panels, and Ethernet switch at each signalized intersection. 7' Install approximately 17,000 feet of fiber optic cable from Kent Des Moines Road to S 272nd Street. g' Upgrade 2 Type 1 junction boxes to Type 2 junction boxes to accommodate the fiber cable. 9. Install vaults for fibersplicing and cable storage. 10. Install approximately 100 feet of new conduit across S 252°d Street I 11. Develop and install new traffic signal timings to support corridor signal timings and transit signal priority. 12. Upgrade Type 3 junction box to Type 7 junction boxes to provide cable storage as indicated on the design drawings. Total $525,591 $525,591 -0- 1 8 31 Attachment B Principles for the Implementation and Ongoing Operation of Transit Signal Priority Projects and All Other Signal Operations Projects in Support of A-Line RapidRide 1. The Parties recognize that it will be necessary for the City to update signal timings in response to changing traffic conditions. 2. The City agrees to re-evaluate and comprehensively update signal timings along the corridor at least once every 3 to 5 years. City updates will include an analysis of transit signal priority (TSP) settings and modifications.The County will fund the initial signal timings installed by the A-Line RapidRide ITS Improvements. 3. The City agrees to make a good faith effort to sustain the travel time advantage for transit along the corridor that is at least equal to what was achieved with the initial TSP installation. 4. The Parties have established a goal of providing TSP for 80%of all RapidRide coaches that arrive at and benefit from transit signal priority either through a green extension or a red reduction. 5. The City agrees to assign a Traffic Engineer who will have responsibility for the operation of all TSP intersections in the City. If the City contracts for its traffic engineering services, it will include this work in its contract. The city employee or the approved city representative will be the primary liaison between the City and King County Metro. The Parties commit to work together to maintain and improve the operation of TSP as on ongoing element of the City's traffic signal system. 6. The City agrees to notify King County Metro anytime it retimes or significantly adjusts signal timing along the corridor. In these instances,the Parties agree to cooperate in the development of signal timing and transit signal priority parameters in order to maintain or improve TSP operations. 7. The Parties agree to jointly prepare and issue an annual TSP evaluation report. 8. The Parties have agreed that the signal timings and TSP settings for the initial TSP installations and all other signal related improvements will be the same as or very close to what was submitted with the Proposal. The description of TSP tier level that is associated with the initial timing proposal will be used as a guide for any refinements or modifications made at the time of implementation. Tier 1: With Tier 1,the green times for the non-transit movements are truncated by 15-percent or less of the programmed phase split time. This approach provides a minimal amount of travel time savings for transit,but also has virtually no impact to general purpose traffic. Tier 2; Tier 2 will shorten the non-transit phases based on the level of service of the conflicting phases,rather than a specific percentage of the phase split time. This approach attempts to minimize the affect of TSP on heavy traffic movements and utilize time from movements with less delay. The non-transit green times are truncated as follows: • Level of Service (LOS)A or B: If the conflicting phase has a level of service A or B,it is assumed that up to 30%of the total phase split could be allocated to TSP. 9 32 • LOS C: If the conflicting phase has a level of service C, it is assumed that up to 25%of the total phase split could be allocated to TSP. • LOS D: If the conflicting phase has a level of service D, it is assumed that up to 20%of the total phase split could be allocated to TSP. • LOS E or F: If the conflicting phase has a level of service E or F, it is assumed that only 10%to 15%of the total phase split could be allocated to TSP. • Tier Two is similar to the level of TSP currently used by King County Metro on its TSP corridors. Tier 3: Tier Three represents an approach whereby the non-transit movements are shortened to the minimum green times allowable for each phase. Tier Three provides a timing strategy that maximizes transit delay reduction while maintaining service to each non-TSP phase. Tier 4: Tier Four would allow for non-transit vehicle and/or pedestrian phases to be re- sequenced or omitted in order to transition to the TSP phase as quickly as possible. Tier Four level of priority is similar to the priority strategy typically used for light rail service. l I I 10 Kent City Council Meeting I Date .January 5, 2010 j Category Consent Calendar - 6E i i 1. SUBJECT: KING COUNTY METRO RAPIDRIDE FIBER OPTIC AGREEMENT AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement between the City of Kent and King County Metro regarding the design, construction, ownership and maintenance of the A=Line RapidRide Fiber Optic Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. I The "Fiber Sharing Agreement" specifies City roles and responsibilities regarding the installation and maintenance of a new fiber optic communication network along Pacific Highway South (SR 99) route of RapidRide service. i 3. EXHIBITS: Memo dated 11/30/09 and Agreement 4. RECOMMENDED BY: 'Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? Currently 9 in the Budget? Yes No i 6. CITY COUNCIL ACTION: I Councilmember moves, Councilm'ember seconds i DISCUSSION: _i i ACTION: I I i i 33 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 K EN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 30, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: December 7, 2009 From: John Rostad, Signal Operations Engineer Through: Timothy J. LaPorte P.E., Public Works Director Subject: RapidRide Fiber Optic Project Agreement with King County Metro Motion: Move to authorize the Mayor to sign the agreement between the City of Kent and King County Metro on the Design, Construction, Ownership, and Maintenance of the A-Line RapidRide Fiber Optic Project. The agreement is subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The "Fiber Sharing Agreement" specifies City roles and responsibilities regarding the installation and maintenance of a new fiber optic communication network along the Pacific Highway South (SR99) route of RapidRide service. Budget Impact: The RapidRide project is funded entirely by King County Metro. UAPublic\P WCommittecWctionPage\2009\120709 Rap idRideFiberShariagAgnnnt.doe 35 AGREEMENT ON THE DESIGN,CONSTRUCTION, OWNERSHIP,AND MAINTENANCE OF THE A-LINE RAPIDRIDE FIBER OPTIC PROJECT Between KING COUNTY CITY OF SEATAC CITY OF DES MOINES CITY OF KENT And CITY OF FEDERAL WAY 36 TABLE OF CONTENTS I. RECITALS.................................................................................................................................................................................................................1 II. PURPOSE OF AGREEMENT...................................................................................................................................................................................2 III. DEFINITIONS...........................................................................................................................................................................................................2 IV. FIBER OPTIC PROJECT BACKGROUND.............................................................................................................................................................4 V. SCOPE OF WORK..................................................................................................................................................................................................54 A. OVERVIEW....................................................................................................................................................................................................�4 B. DESIGN APPROACH FOR THE COUNTY FIBER......................................................................................................................................5 C. DESIGN APPROACH FOR LOCAL AGENCY FIBER..............................................................................................................................6S D. DESIGN APPROACH FOR INTER-AGENCY FIBER..................................................................................................................................6 V1. RELATIONSHIPS AMONG PARTICIPATING AGENCIES.................................................................................................................................6 A. PRINCIPLES.....................................................................................................................................................................................................6 B. CHANGES........................................................................................................................................................................................................7 C. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE.................................................................................................................7 D. USE OF FIBERS...............................................................................................................................................................................................7 E. TRANSFER OF FIBERS..................................................................................................................................................................................7 F. PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL.....................................................................................................................7 G. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES.............................................8 H. CONTACT PERSONS AND ADDRESS........................................................................................................................................................8 VII. THE COUNTY RESPONSIBLITIES AS LEAD AGENCY....................................................................................................................................8 A. GENERAL RESPONSIBILITY OF THE COUNTY AS LEAD AGENCY...................................................................................................8 B. AGREEMENTS,APPROVALS,PERMISSIONS,AND PERMITS..............................................................................................................9 C. NOTICE OF INSTALLATION AND TESTING............................................................................................................................................9 D. MAINTENANCE AND REPAIR RESPONSIBILITIES................................................................................................................................9 E. COUNTY NONCOMPLIANCE.....................................................................................................................................................................10 F. AUDIT.............................................................................................................................................................................................................10 VIII. FACILITY OWNER RIGHTS AND RESPONSIBILITIES..................................................................................................................................11 A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES...................................................................................................11 B. APPROVALS.................... . . C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS.........................................................................................................................1 I D. ACCESS TO AND USE OF FACILITIES.....................................................................................................................................................1 I E. BUILDING ENTRANCES.............................................................................................................................................................................12 F. MODIFICATIONS TO FACILITIES.............................................................................................................................................................12 G. RELOCATION OF FIBER OPTIC CABLE..................................................................................................................................................12 1 H. PROPERTY RIGHTS...............................................................................................................................................................................I...1.12 I. DEFAULT AND DISPUTE RESOLUTION.................................................................................................................................................13 IX. RELATIONSHIP BETWEEN THE COUNTY AND CONTRACTORS..............................................................................................................13 A. RESPONSIBILITY.........................................................................................................................................................................................13 B. APPROVALS..................................................................................................................................................................................................13 C. INSURANCE..................................................................................................................................................................................................14 X. INDEMNIFICATION AND LIMITATION OF LIABILITY................................................................................................................................14 A. LIMITATION OF LIABILITY AND INDEMNITY-THE COUNTY AS LEAD AGENCY.....................................................................14 B. LIMITATION OF LIABILITY AND INDEMNITY-FACILITY OWNERS...............................................................................................14 C. LIMITATION OF LIABILITY AND INDEMNITY-PARTICIPATING AGENCIES................................................................................15 XI. ADDITIONAL TERMS AND CONDITIONS.......................................................................................................................................................15 A. LAWS,LICENSES,AND PERMITS............................................................................................................................................................15 j B. PERFORMANCE............................................................................................................................................................................................16 C. AGREEMENT TERM....................................................................................................................................................................................16 D. TERMINATION FOR CAUSE......................................................................................................................................................................16 E. FORCE MAJEURE.........................................................................................................................................................................................16 F. NO WAIVER..................................................................................................................................................................................................16 G. SEVERABILITY............................................................................................................................................................................................ 17 H. RIGHTS CUMULATIVE...............................................................................................................................................................................17 I. CONTRACTUAL RELATIONSHIP.............................................................................................................................................................17 J. HEADINGS.....................................................................................................................................................................................................17 K. APPLICABLE LAW AND VENUE..............................................................................................................................................................17 L. BINDING EFFECTS.......................................................................................................................................................................................17 M. ASSIGNMENT...............................................................................................................................................................................................17 N. NOTICES........................................................................................................................................................................................................17 O. MODIFICATION OR AMENDMENT..........................................................................................................................................................18 y P. EXECUTED IN COUNTERPARTS..............................................................................................................................................................18 Attachment I Project Elements:A-Line RapidRide Fiber Optic Project..............................................................................................................................20 Attachment2:Fiber Route Schematic...................................................................................................................................................................................23 Attachment 3:Fiber Optic Project Cost Estimate..................................................................................................................................................................24 Attachment 4:Schematic of Typical RapidRide Fiber Optic Components..........................................................................................................................25 Attachment 5:Ownership and Maintenance Responsibilities of Fiber Optic Project Elements..........................................................................................26 5 1 37 I. RECITALS This AGREEMENT is made and entered into this_day of ,2009 by and between the City of SeaTac, the City of Des Moines, the City of Kent, the City of Federal Way,and King County,hereinafter referred to as the"Participating Agencies." WHEREAS, the King County Ordinance No. 15582 (Transit Now Ordinance) identified a number of transit service measures to be implemented using the one-tenth of one percent sales and use tax collected through Transit Now that focus on capital, operating, and maintenance improvements that are expected to expand and improve bus service on local streets and arterials within King County; and WHEREAS, one of the programs specifically identified in the Transit Now Ordinance was the development and implementation of a bus rapid transit program in five distinct corridors that include new bus rapid transit services connecting the Tukwila International Boulevard Link Light Rail Station and the Federal Way Transit Center; and WHEREAS, the key elements of bus rapid transit include new, low floor,hybrid diesel-electric buses; improved frequency of bus service; improved traffic operations; and transit stations with real time passenger information signs; and WHEREAS,King County's bus rapid transit program has now been named RapidRide and the Participating Agencies are interested in advancing the implementation of this program; and WHEREAS,the approved King County transit capital program includes funding to support the investments in traffic signal systems and communication necessary to implement RapidRide; WHEREAS,King County plans to construct a fiber optic network along Pacific Highway South/Intemational Boulevard for the purpose of providing the communication infrastructure to support capital improvements such as real time passenger information signs and transit signal priority elements of RapidRide; and WHEREAS,King County plans to install a sufficient number of fiber optic cable to meet the County needs as well as install additional fiber optic cable to support the fiber communication needs of the Participating Agencies; and WHEREAS, the City of SeaTac,the City of Des Moines,the City of Kent, and the City of Federal Way have conduit path available that can serve all the Participating Agencies; and WHEREAS,mutually beneficial contractual arrangements with other public entities that leverage public funds to provide both new and better bus service to cities and major employers is one of four key strategies identified in the Transit Now proposition approved by King County voters in the general election on November 7,2006; and NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND AGREEMENTS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY THE PARTICIPATING AGENCIES, THE PARTICIPAING AGENCIES AGREE AS FOLLOWS: 1 38 r; i ��. PURPOSE OF AGREEMENT This Agreement defines how the Participating Agencies will work together for the benefit of all the Participating Agencies in implementing the A-Line RapidRide Fiber Optic Project. This document also outlines the roles and responsibilities of all the Participating Agencies with respect to the design,use,maintenance, and financing of these fiber cables during the term of the Agreement. DEFINITIONS Whenever used in this Agreement with initial letters capitalized, the following terms shall have the following specified meanings,unless the context clearly requires a different meaning: A. Acceptance or Accepted Written documentation of King County's determination that the contractor's work has been completed in accordance with the contract. B. Agreement Refers to this document, "Agreement On the Design, Construction,Ownership, and Maintenance of the A-Line Fiber Optic Project". ' C. Building Entrance t Conduit or conduits usually connecting a vault,Handhole, or maintenance hole in the public right-of-way to a building. D. Common Fiber Spares Fiber Strands installed as part of the Fiber Optic Project held in reserve solely for replacement of disabled fibers. E. Conduit or Duct Enclosed raceway or tube designed to house Fiber Strands for their protection. F. Dark Fiber An optical fiber strand not coupled to an optical light source. G. Day Calendar day. ! , H. Demarcation Point A point agreed to between the Facility Owner and the County that documents where one party's responsibilities end and the other begins. I. Facility or Facilities I A structure including but not limited to buildings, vaults,maintenance holes, Handholes, Conduit, and Building Entrances. J. Facility Manager The person designated by the Facility Owner to manage the Facility, including granting access, determining and approving its use, and terms and conditions for such use. i 2 I 39 K. Facility Owner The Participating Agency that is the legal owner of a Facility or Facilities or the Participating C Agency holding the legal right to grant permission to occupy,use,or modify Facilities. L. Fiber Optic Cable I A cable installed by the Participating Agencies pursuant to this Agreement that is composed of strands of glass fiber, each strand which is designed to conduct signals of modulated light i (optical signals)from one end to the other. M. Fiber Optic Project The Work associated with the installation of fiber optic transmission materials,pursuant to this Agreement. N. Fiber Strand or Strand of Fiber I A single thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects light throughout its length by internal reflections. O. Handhole An underground structure (usually concrete)providing an opening in a Conduit in which workers may reach into but usually do not enter for the purposes of installation and j maintenance of cable. y P. Indirect Costs Indirect Costs are costs determined in accordance with a Participating Agency's standard methodology for computing Indirect Costs. Indirect Costs shall include costs of labor, benefits, equipment usage,miscellaneous materials,material handling, and administrative and general charges. This definition also applies to Facility Owner Indirect Costs. Q. ITS Intelligent Transportation System I R. Lead Agency The Participating Agency designated by mutual consent that is responsible for managing the Fiber Optic Project related Work, including entering into contracts for design and construction, overseeing the construction work, and assuming responsibility for ongoing maintenance of the Fiber Optic Project when it is completed on behalf of the Participating Agencies. King County is designated as the Lead Agency for this Agreement. S. Make-Ready Work Any planning, analysis, design,review, adjustment to equipment,construction, and/or other activities (such as tree trimming)necessary to prepare existing Facilities for use by the Lead Agency as determined by the Facility Owner. T. Participating Agency A public agency that is a signatory to this Agreement for the purpose of engaging in the Fiber I Optic Project. i U. Participating Agency Facilities I i I 3 40 Those Facilities owned, managed, and occupied by a Participating Agency. V Pathway Aerial or underground Facilities used for the purpose of placing fiber optic cables, splice cases, trace wire, etc W. Splice The point where two separate optical Fiber Strands are joined together either mechanically or by fusion to make one continuous optical fiber strand X. Telecommunications Service(s) Telecommunications Service(s) is the transmission of information over Fiber Strands from one location to another(not including services provided between two areas within the same building) meeting industry accepted tiansmission standards, their equivalent or replacement service Such information includes but is not limited to voice, video, data,pictures, and facsimile Telecommunication Service(s)does not include Dark Fiber or services other than transmission services Y. Work All activities related to the planning, right-of-way acquisition, scheduling, analysis, design, engineering, preparation, construction, installation, evaluation, maintenance, repair, and operation of the Fiber Optic Project as provided for in this Agreement including Make-Ready Work Iv. FIBER OPTIC PROJECT BACKGROUND j King County, hereinafter referred to as the "County", will be deploying A-Line RapidRide, a bus rapid transit(BRT) service on Pacific Highway South/International Boulevard in the City of SeaTac, the City of Des Moines, the City of Kent, and the City of Federal Way RapidRide is a premium transit service with increased frequency, reduced travel time, and enhanced passenger amenities Two key elements of RapidRide service are real time information signs at selected bus stop locations and transit signal priority at selected intersection throughout the corridor To support these features, the County is developing a network for transporting data from its central communication system to the roadside, and communicating wirelessly along the roadside with real time information signs, fare transaction processors, and buses The roadside network will consist of a fiber optic cable, secure wireless access points at intersections, and backhaul sery ices provided through the Washington State Department of Transportation (WSDOT) regional network The Fiber Optic Project will install a large capacity fiber optic cable on Pacific Highway South/International Boulevard using existing traffic signal and illumination conduit along the corridor This cable will run from State Route 518 to the Federal Way Transit Center, and provide connections with WSDOT regional hubs at State Route 518 and S 320`h Street The Fiber Optic Project will include sufficient fiber strands to support the County's RapidRide ITS communications, WSDOT Traffic Buster communications, local agency communications, and inter-agency communications 4 41 v. SCOPE OF WORK A. OVERVIEW On International Boulevard/Pacific Highway South, the Fiber Optic Project will install a 72- strand fiber optic trunk cable The fiber cable is sized to support future communication capacity for use by the local agencies for public purposes, such as video surveillance, traffic signal communications, and city to city communications The distribution of fiber is as follows County Rapid Ride ITS communication 24 strands Local agency communication 24 strands Inter-agency communication 24 strands Total 72 strands On S 320`h Street, the Fiber Optic Project will install a 48-strand fiber optic trunk cable The fiber will be sized to support future communication capacity for use by the local agency for public purposes The distribution of fiber is as follows County RapidRide ITS communication 24 strands Local Agency communications 24 strands Total 48 strands The Fiber Optic Project includes funding for the design, installation, and construction of local agency and inter-agency communication fiber The local agency communication fiber will be owned by the local jurisdiction in which this fiber is installed The inter-agency communication fiber will run the length of al Boulevard The elements of the Fiber Optic Project are provided in Attachment 1, Project Elements A- Line RapidRide Fiber Optic Project A fiber routing schematic is provided as Attachment 2,Fiber Route Schematic. The construction budget for the Fiber Optic Project is provided in Attachment 3, Fiber Optic Project Cost Estimate. B. DESIGN APPROACH FOR THE COUNTY FIBER The County RapidRide fiber will be installed on 3 channels along the project corridor Channel 1 will include all the Intelligent Transportation System(ITS) cabinets between State Route 518 and S 200th Street in the City of ScaTac Channel 2 will connect all the ITS cabinets between S 204th Street and Dash Point Road Channel 3 will include all the ITS cabinets from S 312th Street to S 316th Street, and include the ITS cabinets on 23rd Avenue S at S 316th Street and S 317th Street Channel 1 will terminate fibers 1 and 2 in each ITS cabinet from State Route 518 to S 200th Street, and will return on fibers 9 and 10 to the State Route 518 termination cabinet Channel 1 2 will terminate fibers 7 and 8 in each ITS cabinet from S 204th Street to Dash Point Road, with return on fibers 11 and 12 to the State Route 518 termination cabinet Channel 3 will terminate fibers 1 and 2 in each ITS cabinet from S 312th Street to S 316th Street on Pacific Highway South and S 316th Street and S 317th Street on 23rd Avenue S, with return on fibers 9 and 10 to the termination cabinet at the intersection of S 320th Street and Pacific Highway South Fibers 3-6 will be terminated into every ITS cabinet along the corridor for all RapidRide channels for future use by the County. 5 42 C. DESIGN APPROACH FOR LOCAL AGENCY FIBER The local agency fiber will consist of 5 channels with 2 channels in the City of SeaTac, 1 channel in the City of Des Moines, 1 channel in the City of Kent, and 1 channel in the City of Federal Way For the City of SeaTac, Channel 1 will terminate fibers 25 and 26 in each traffic signal controller cabinet from State Route 518 to S 180th Street, and return on fibers 33 and 34 to the State Route 518 termination cabinet Channel 2 will terminate fibers 3 l and 32 in each traffic signal controller cabinet from S 182nd Street to S 208th Street, and return on fibers 35 and 36 to the State Route 518 termination cabinet Fibers 27-30 will also be terminated into ' every traffic signal controller cabinet along the International Boulevard corridor within the City of SeaTac for future use by the City of SeaTac For the City of Des Moines, Channel 3 will terminate fibers 25 and 26 in each traffic signal controller cabinet from S 216th Street to Kent Des Moines Road.and return on fibers 33 and 34 to the S 216th Street termination cabinet Fibers 27-30 will also be terminated into every traffic signal controller cabinet along Pacific Highway South within the City of Des Moines for future use by the City of Des Moines For the City of Kent, Channel 4 will terminate fibers 25 and 26 in each traffic signal controller cabinet from S 240th Street to S 272nd Street, and return on fibers 33 and 34 to the Kent Des Moines Road termination cabinet Fibers 27-30 will also be terminated into every traffic signal controller cabinet along Pacific Highway South within the City of Kent for future use by the City of Kent For the City of Federal Way from S 276th Street to S 320th Street, the 24 local agency fibers will not be terminated in the traffic signal controller cabinets along Pacific Highway South, since these signals already have fiber interconnect Instead, all 24 local agency fiber strands will be terminated at the S 320th Street/Pacific Highway South termination cabinet On S 320th Street and on 23rd Avenue S, Channel 5 will terminate fibers 25 and 26 into the traffic signal controllers at the following intersections S 320th Street/20th Avenue S, S 320th Strect/23rd Avenue S, S 320th Street/25th Avenue S, S 316th Street/23rd Avenue S, and S 317th Street/23rd Avenue S Channel 5 will return on fibers 33 and 34 to the termination cabinet at S 320th Street/Pacific Highway South Fibers 27-30 will also be terminated into each of the traffic signal controller cabinets listed above for future use by the City of Federal Way D. DESIGN APPROACH FOR INTER-AGENCY FIBER All 24 fiber stands (49-72)will terminate in the termination cabinets at State Route 518, S 188th Street, S 216th Street, Kent-Des Moines Road, and S 320th Street/Pacific Highway Of the 24 strands, fibers 55-56 from the State Route 518 fiber termination cabinet to the S 2162h Street fiber termination cabinet are dedicated to the City of Des Moines for the connection to the WSDOT Traffic Buster project. vI. RELATIONSHIPS AMONG PARTICIPATING AGENCIES ' A. PRINCIPLES This Agreement among the Participating Agencies shall conform to the following principles. 1. Participation in the Fiber Optic Project is voluntary 6 43 2. Arrangements for cooperation should be fair and equitable among Participating Agencies Any special configuration, such as a routing change to accommodate a particular Participating Agency, should be paid for in whole by that Participating Agency. 3. Participating Agencies may have varying amounts of financial and other responsibilities Participating Agencies should share maintenance proportionately based on each Participating Agency's share of the Fiber Strands ownership or use as described in the Agreement. 4 In consideration of the perpetual right to use Participating Agencies' conduit, the County will at its cost design, install, and dedicate fiber optic cables to the Participating Agencies for its ownership and use B CHANGES Participating Agencies shall have the right to propose changes to the Fiber Optic Project, which must first be approved by all Participating Agencies Changes that impact Facility Owners shall be subject to approval by the Facility Owners C. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE Fiber Optic Cable and Fiber Strands installed as part of the Fiber Optic Project shall be allocated to the individual Participating Agencies The Participating Agency shall own all right and title to these allocated Fiber Strands The ownership of the elements of the Fiber Optic Project is identified in Attachment 4, Ownership and Maintenance Responsibilities of the Fiber Optic Project Elements D USE OF FIBERS A Participating Agency shall have complete free and unrestricted use of the Fiber Strands installed and allocated to it under the Fiber Optic Project Agreement for any lawful governmental, public educational, intergovernmental, or public utility purpose subject to applicable agreements, approvals, permission, and permits Such right to use shall be for the duration of the Agreement and any renewals by the Participating Agencies unless terminated under the terms and conditions provided herein E. TRANSFER OF FIBERS Participating Agencies shall not assign the use or otherwise convey the use of any of the Participating Agency's fibers as identified in the Agreement to any other party except to governmental,public educational, or public utility entities Participating Agencies who wish to transfer their allocated fibers must obtain written and unanimous approval from all Participating Agencies Participating Agencies are also granted right of first refusal regardless of circumstances of the transfer F. PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL Before any allocated fibers held by a Participating Agency may be transferred, the other Participating Agencies, either individually or collectively, shall have a right of first refusal to accept the transfer of the fibers on the terms and conditions set forth in this section (a) Notice of Proposed Transfer The transferring Participating Agency shall deliver to all Participating Agencies a written notice stating (i) the bona fide intention to transfer such allocated fibers, (n) the name of each proposed transferee, (Ili) the number of fibers to be transferred to each proposed transferee, (iv)the consideration for which the Participating Agency proposes to transfer the allocated fibers and the material terms and conditions of 44 the proposed transfer(the "Offered Terms") and(v)offer the allocated fibers at the Offered Terms to the other Participating Agencies. (b) Exercise of Right of First Refusal. At any time within sixty(60) days after receipt of the notice,the other Participating Agencies, either individually or collectively,may,by giving written notice to the transferring Participating Agency, elect to accept all,but not less than all, of the allocated fibers proposed to be transferred to any one or more of the proposed transferees, (c) Any governmental,public educational, or public utility entity accepting the transfer of fibers installed under this Agreement must agree to all the terms and conditions of this Agreement, and shall notify the Facility Owner(s) of any such transfer. (d) Participating Agencies may grant the right to use their fiber allocation to any other governmental,public educational, or public utility entity provided the use is approved by all of the other Participating Agencies, G. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES Nothing in this Agreement precludes Participating Agencies from entering into separate agreements with other Participating Agencies to use fiber optic cable other than the Fiber Optic Cable installed pursuant to this Agreement. H. CONTACT PERSONS AND ADDRESS j The contact persons for the administration of this Agreement are as follows: King County: City of SeaTac: John Toone,IT Project Manager Susan Sanderson,P.E. King County Department of City Engineer Transportation City of SeaTac 201 S Jackson St 4800 S 188`h St Seattle,WA 98104 SeaTac, WA 98188 City of Des Moines: City of Kent: Brandon Carver,P.E.,P.T.O.E. Steve Mullen,P.E. ` Associate Transportation Engineer Transportation Engineering Manager City of Des Moines City of Kent 21650 l lth Avenue South 220 Fourth Avenue S ' Des Moines,WA 98198 Kent,WA 98032 r City of Federal Way Rick Perez,P.E. City Traffic Engineer j City of Federal Way f 33325 8th Ave S PO Box 9718 Federal Way WA 98063 Vii. THE COUNTY RESPONSIBLITIES AS LEAD AGENCY A. GENERAL RESPONSIBILITY OF THE COUNTY AS LEAD AGENCY The County shall be responsible for the overall management of the Work necessary for the successful completion of the Fiber Optic Project, as the agent of the Participating Agencies in 8 I_ 45 the Fiber Optic Project,pursuant to the terms and condition of this Agreement. The County shall have the authority and be responsible for negotiating and entering into such separate contracts as are necessary with Facility Owners for the specific use of their Facilities in furtherance of the Fiber Optic Project. The County will also have the authority to enter into and manage such separate contract agreements with contractors as are necessary to perform all or part of the Work associated with the Fiber Optic Project. The County is responsible for ensuring that all applicable terms and conditions of this Agreement are included in the contracts with Facility Owners and contractors. Prior to execution of any contracts with Facility Owners or contractors,the County shall provide an opportunity for the Participating Agencies to review and comment on such agreements. In the event there is a dispute regarding any of the provisions or lack of provisions of this Agreement, such dispute shall be resolved through the Dispute Resolution process identified in this Agreement. The County shall keep the Participating Agencies informed as to the status of the Fiber Optic Project. B. AGREEMENTS,APPROVALS,PERMISSIONS,AND PERMITS The County shall be responsible for obtaining all necessary agreements, approvals, permissions, and permits and any other documents required or necessary for the successful i completion of the Fiber Optic Project and to keep them in place and current. C. NOTICE OF INSTALLATION AND TESTING The County shall notify the Participating Agencies when initial installation of the Fiber Optic Cable and the Acceptance testing of all the Fiber Strands have been completed. D. MAINTENANCE AND REPAIR RESPONSIBILITIES 1. Maintenance and Repair of Fiber Optic Cable, Fiber Strands, and Pathway Maintenance of the 72-strand and 48-strand trunk Fiber Optic Cable and trunk Fiber Strands installed pursuant to this Agreement, as well as the pathways between and including the Demarcation Points, shall be the responsibility of the County as agent for the Participating Agencies. For this Agreement,the Demarcation Points are the 25TA fiber vaults. County maintenance responsibility shall continue for the term of this Agreement and for any extensions or renewals. A schematic of the typical fiber optic components is provided as Attachment 4, Schematic of Typical RapidRide Fiber Optic Components. Maintenance of Fiber Optic Lateral Cables and Fiber Strands installed from the 25TA fiber vaults to the Participating Agencies equipment shall be the responsibility of the Agency to which the lateral cable is connected. A summary of the maintenance responsibilities for the elements of the Fiber Optic Project is provided as Attachment 5, Ownership and Maintenance Responsibilities of Fiber Optic Project Elements. In instances where service to any of the Participating Agencies has been interrupted on the County side of the Demarcation Point,the County, at the Participating Agencies' request,will complete repairs of the Fiber Optic Cable as soon as possible provided that all necessary permissions to effect the repairs has been obtained from the Facility Owner(s). 9 46 t Restoration of traffic control and public safety services shall be given the highest priority. In the event of an outage, the Participating Agencies shall work promptly to restore the functionality of the Fiber Optic Cable as soon as possible and practical after restoration of any other necessary services. The Participating Agencies shall not cut or otherwise damage Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration of traffic control and public safety services. i 2. Maintenance and Repair Expenses The Participating Agencies shall be responsible for the expense of maintenance and repair of the Fiber Optic Cable and Fiber Strands for the duration of this Agreement on a proportional basis as identified in Attachment 5, Ownership and Maintenance Responsibilities of Fiber Optic Project Elements. When repairs are required as a result of damage caused by a third party, the Participating Agency in whose jurisdiction the damage occurred shall seek payment from the third party for the cost of the repair. The County shall assign a designated maintenance manager shall review ongoing maintenance expenses with Participating Agencies as reasonably requested,but at least on an annual C basis. The County may contract with a vendor capable of making any necessary repairs. The contact shall provide for around the clock service, defined response times, and supply guarantees. 3. Payments for Maintenance and Repair Expenses Participating Agencies shall pay all amounts owed to the County within thirty(30)days of receipt of the billing. If a Participating Agency disputes all or a part of the payment owed to the County, then such dispute shall be resolved through the Dispute Resolution process identified in this Agreement. If a Participating Agency cannot or does not make payment for charges owed within ninety (90)days,the Participating Agency shall be given written notice to correct the default. The Participating Agency shall have ninety(90)days,or such longer time after receipt of notice as the County may authorize in writing,to make payment l If the Participating Agency and the County still cannot reach agreement on amounts owed,the dispute shall be resolved through the dispute resolution process identified in this Agreement. f E. COUNTY NONCOMPLIANCE The County shall adhere to the terms,conditions, and requirements of the Work as provided f in this Agreement, and the required record keeping as required in this Agreement. Where there has been gross negligence or willful misconduct on the part of the County and additional Work is necessary to conform the Work to the requirements of this Agreement, it shall be at the expense of the County. F. AUDIT The County shall permit Participating Agencies, or designated agent(s),from time to time (including up to six years after the expiration or termination of this Agreement)to inspect and audit all pertinent books and records of the County, contractors, subcontractors, or any other person or entity in connection with or related to the Fiber Optic Project with respect to the services provided, costs, and the compensation paid. Such audit shall occur at such reasonable times and at such reasonable location(s) as mutually agreed to by the Participating Agencies and the County. 10 47 Vill. FACILITY OWNER RIGHTS AND RESPONSIBILITIES A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES Use of Facilities owned by a Participating Agency shall comply with all requirements of the Participating Agency that owns them. Use of a Facility shall be designed and constructed to maximize the reasonable, additional future use of such Facility. The general project costs shall include all fees and charges for the use of the Facility. This Agreement shall not be construed to authorize any Participating Agency to make use of any other Participating Agency's Facilities unless such use is specifically authorized by the Participating Agency in its capacity as a Facility Owner. The Facility Owner has final approval of planning, engineering, design,material, and maintenance for all portions of the Fiber Optic Project on or within its Facilities. B. APPROVALS All contractors hired by the County to work within or on Facilities shall be subject to approval by Facility Owner(s). In all agreements with contractors, the Facility Owner(s)may require the County to specify that the contractors attend one or more pre-construction meetings with the appropriate Participating Agencies and Facility Owners to review installation requirements for the Work and any restrictions or other requirements that must be adhered to prior to any Work being performed in or on Facilities. The contractor agreement shall state that the Facility Owner or the Participating Agency has authority to stop inadequate or unsafe Work, or require that inadequate or unsafe Work be corrected as provided by this Agreement. C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS In choosing to co-locate components of the Fiber Optic Project in Facilities,the Participating Agencies acknowledge that there are risks associated with having components of the Fiber Optic Project co-located within any such Facility. Participating Agencies explicitly understand that risks include bearing all costs, except such costs caused by the gross negligence or willful misconduct of the Facility Owner, including but not limited to: provision of alternative communication paths needed by the Participating Agencies, loss of Participating Agency business, and restoration of their fiber systems if they are damaged. D. ACCESS TO AND USE OF FACILITIES The Comity shall obtain access to and use of Facilities from Facility Owners for the purpose of installing, maintaining, and repairing components of the Fiber Optic Project, including all agreements, approvals,permissions, and permits required. Such access shall be subject to Facility availability as determined by the Facility Manager and any conditions specified by the Facility Owner. 1. Permission to Enter Access to Facilities shall be allowed only after the Facility Owner has been notified and permission has been granted by the Facility Owner. 2. Requests for Access All requests for access to Facilities must be made through the appropriate Facility Manager in writing, and shall be subject to the terms and conditions of this Agreement. In the event of an emergency,requests for access may be made in person or by telephone. In such cases,prompt written documentation of the request will follow. 11 48 i 3. Buildings If the County desires to use space in any building, the County shall comply with the restrictions and conditions specified by the designated building manager. 4. Conformance to Regulations Access to and use of any Facility shall be in conformance with all codes,regulations, and requirements. E. BUILDING ENTRANCES Where applicable, in the event that a Building Entrance owned or controlled by one of the Participating Agencies is not usable for either entering a building or for providing access to the location in a building where the Participating Agencies have installed Fiber Optic Project components,the County has the responsibility for making alternative arrangements for building access with a building owner. The expense associated with an alternative Building Entrance shall be borne by the Participating Agencies using the building. F. MODIFICATIONS TO FACILITIES At the County's request,the Facility Owner shall make necessary modifications to any existing Facilities to facilitate building access for the Fiber Optic Project. Any requests by the County for such modifications shall be made to the Facility Owner and/or Manager. G. RELOCATION OF FIBER OPTIC CABLE The County will work with the Facility Owner to ensure that the Fiber Optic Cable within or on Facilities is designed and constructed to minimize the likelihood of fixture relocation. The Facility Owner has the right of pre-approval and post-construction acceptance of any work required either to remove cable from within or on Facilities or to place cable within or on alternative Facilities. 1. All relocations of Fiber Optic Cable,regardless of reason, will be managed by the County. All relocations will be managed as a part of and under the terms and conditions of this Agreement. 2. Notice l Except for emergency situations,the Facility Owner will give the County at least ninety (90)Days notice of the need to relocate any components of the Fiber Optic.Project located within or on Facilities. 3. Relocation When relocation is required,the Facility Owner may,when possible,provide substitute Facilities within or on which the Participating Agencies may relocate the components of the Fiber Optic Project. 1- I H. PROPERTY RIGHTS Nothing in the terms of this Agreement shall be construed to convey to the Participating Agencies any property rights in existing Facilities of a Facility Owner.Nothing in the terms of this Agreement shall be construed to compel a Facility Owner to maintain any of its Facilities for a period longer than is necessary for its own service requirements. In the event that Facilities are abandoned by the Facility Owner,the Participating Agencies may remain in such Facilities at their own risk, subject to the approval of the Facility Owner. Any ownership rights in Facilities created or constructed as part of the Fiber Optic Project will be allocated per this Agreement. i I ' 12 i f 49 i' I. DEFAULT AND DISPUTE RESOLUTION The Participating Agencies desire, if possible, to resolve disputes,controversies, and claims ("Disputes") arising out of this Agreement without litigation. To that end,if any Participating Agency believes that another Participating Agency, whether as a Participating Agency,Facility Owner, or Lead Agency,has failed to perform any obligation under this Agreement or has performed such obligation in a manner inconsistent with this Agreement, then the Participating Agency shall provide written notice to all Participating Agencies, stating with specificity the nature of the Dispute. Thereafter, each Participating Agency shall appoint a knowledgeable,responsible management representative to meet within thirty (30)Days of the date of the written notice and negotiate in good faith to resolve any Dispute. The Participating Agencies agree that the discussions and correspondence among the representatives for purposes of Dispute resolution shall be treated as confidential information developed for purposes of settlement, shall be exempt from discovery and production, and shall not be admissible in any action or proceeding arising under or concerning this Agreement without the agreement of parties to the dispute. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible,be admitted in evidence in any such action or proceeding. If the negotiations between the Participating Agencies do not resolve the Dispute within sixty (60)Days of the initial written request, the Dispute shall be submitted to mediation with a mediator chosen by mutual agreement of the parties. Each Participating Agency shall bear its own cost of these Dispute resolution procedures. The Participating Agencies that are party to the mediation shall equally share the fees of the mediation and the mediator. Nothing in this paragraph precludes any Participating Agency from seeking relief from King County Superior Court should mediation efforts be unsuccessful. Ix. RELATIONSHIP BETWEEN THE COUNTY AND CONTRACTORS A. RESPONSIBILITY The County as Lead Agency is responsible for ensuring that the applicable terms and conditions of this Agreement are included in agreements with Facility Owners and contractors. However, each contractor shall be held liable for any negligence, intentional acts, or willful or wanton misconduct caused by its performance or failure to perform the work under this Agreement or any contracts with the County. B. APPROVALS All contractors hired by the County to work within or on Facilities shall be subject to approval by Facility Owners. In all agreements with contractors, the Facility Owner(s) may require the County to require such contractors to attend a pre-construction meeting with the appropriate authority to review installation requirements and work restrictions prior to any work being performed in or on Facilities. The contractor's agreement shall state that the Facility Owner or the jurisdiction having rights-of-way has authority to stop Work or require that inadequate Work be corrected. 13 50 C. INSURANCE Prior to undertaking any work under any this Agreement, the County shall ensure that all contractors, at no expense to the County,Participating Agencies and Facility Owner(s),have i obtained and filed with the County, acceptable evidence of a policy or policies of insurance as enumerated in this Agreement. x. INDEMNIFICATION AND LIMITATION OF LIABILITY A. LIMITATION OF LIABILITY AND INDEMNITY-THE COUNTY AS LEAD AGENCY The County,when acting in the capacity as Lead Agency, shall not be liable, in law or in equity,to the Facility Owner,Participating Agencies, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of the County. The Facility Owners and Participating Agencies shall indemnify and save harmless the County, its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or } willful misconduct by the County in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable,the Facility Owner shall immediately upon learning of such claim, notify the County, and upon such notice, the County shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or the County have the right to pay, settle, or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. THE COUNTY AS LEAD AGENCY SHALL NOT BE LIABLE TO THE FACILITY OWNER,PARTICIPATING AGENCIES,OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. B. LIMITATION OF LIABILITY AND INDEMNITY-FACILITY OWNERS Facility Owners,when acting in that capacity, shall not be liable, in law or in equity, to the County as Lead Agency, Participating Agencies, or any subsequent user for any damages j relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of the Facility Owner. The County as Lead Agency and Participating Agencies shall indemnify and save harmless Facility Owners, their officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by the Facility Owner in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable,the Facility Owner shall immediately upon learning of such claim,notify the County as Lead Agency, and upon such notice, the County shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or the County have the right to pay, settle, or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. i. 14 51 THE FACILITY OWNER SHALL NOT BE LIABLE TO THE PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. C. LIMITATION OF LIABILITY AND INDEMNITY-PARTICIPATING AGENCIES A Participating Agency, when acting in that capacity, shall not be liable, in law or in equity, to the Lead Agency, the Facility Owners or any other Participating Agency, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of that Participating Agency. The County as Lead Agency, the Facility Owner, and the other Participating Agencies shall indemnify and save harmless a Participating Agency and its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by that Participating Agency in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable,the Facility Owner shall immediately upon learning of such claim,notify the County as Lead Agency, and upon such notice,the County shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or the County have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. A PARTICIPATING AGENCY SHALL NOT BE LIABLE TO THE COUNTY AS LEAD AGENCY, THE FACILITY OWNER, OR OTHER PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. x1. ADDITIONAL TERMS AND CONDITIONS A. LAWS, LICENSES,AND PERMITS 1. General Requirement All work done under this Agreement shall comply with all applicable federal, state, and local laws, and all rules,regulations,orders, and directives of relevant administrative agencies. 2. Licenses,Permits, and Similar Authorizations The Participating Agencies shall have and maintain in effect at all times all necessary franchises, licenses,permits, consents, and easements from federal, state and local authorities and the owners of rights-of-way and private property. The Participating Agencies will comply with all requirements thereof to install, construct,maintain, operate, and remove any fiber optic installation(s). 15 52 B. PERFORMANCE Each Participating Agency will perform all of its obligations under this Agreement in a timely manner. C. AGREEMENT TERM This Agreement shall become effective upon the execution of all Participating Agencies, and unless terminated in accordance with the terms of this Agreement, shall continue to a term of twenty(20)years. One year prior to the expiration of this twenty-year period,the Participating Agencies shall in good faith negotiate a renewal agreement for an additional twenty-year period or terminate their participation according to the provisions of this Agreement. Under the terms of any renewal agreement, the Participating Agencies shall continue to make payments as specified I in this Agreement. Terms and conditions of this Agreement that have expired shall remain in effect until I superseded by a new agreement. D. TERMINATION FOR CAUSE Any Participating Agency may terminate this Agreement in the event that another party fails j to perform its obligations as described in this Agreement, and such failure has not been corrected to the reasonable satisfaction of the other in a timely manner after notice of breach has been provided by such other Party. Notice of termination shall be given by the Participating Agency terminating this Agreement to the others not less than forty-five (45)days prior to the effective date of termination. E. FORCE MAJEURE The term"force majeure" shall include,without limitation by the following enumeration: acts of nature, acts of civil or military authorities,terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances causing the inability to perform the requirements of this Agreement. If a party is rendered unable,wholly or in part, by a force majeure event or any other cause not within such party's control,to perform or comply with any obligation or condition of this Agreement,upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations. In the event the any party ceases to be excused pursuant to this provision, then the other parties, including the County as Lead Agency, shall be entitled to exercise any remedies otherwise provided for in this Agreement. Whenever a force majeure event causes a party to allocate limited resources between or among a parry's other obligations,the Work under this Agreement shall receive no less priority in respect to such allocation than any of the Participating Agencies'other projects. i F. NO WAIVER No term or provision hereof shall be deemed waived or consented to, and no breach excused unless such waiver or consent shall be in writing and signed by the Participating Agency claimed to have waived or consented. Failure of any one more Participating Agencies to insist upon strict performance of, or that Participating Agency's waiver of, any of the terms, conditions, or obligations of either this Agreement, shall not be a waiver of any other term, condition, covenant, or obligation, or of any subsequent default by breach off the same or other term, condition, covenant or r 16 53 obligation contained herein by any one or more particular Participating Agencies, nor shall such action or inaction by any one or more Participating Agencies be constructed as to bind or prejudice any other Participating Agency. G. SEVERABILITY In the event any section, sentence, clause, or phrase of this Agreement is adjudicated to be invalid or illegal by a court of competent jurisdiction,the remainder of this Agreement shall be unaffected by such adjudication and all other provisions shall remain in full force and effect as though the section, clause, or phrase so adjudicated to be invalid had not been included herein. The Participating Agencies agree to negotiate a replacement section, sentence, clause, or phrase which is legal and most closely represents the original intent of the Participating Agencies. H. RIGHTS CUMULATIVE The rights and remedies of the Participating Agencies provided for under this Agreement are 1 in addition to any other rights and remedies provided by law. The failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not exclude or waive the right to use another. I. CONTRACTUAL RELATIONSHIP This Agreement does not constitute the Participating Agencies as the agent or legal representative of a Facility Owner for any purpose whatsoever. The Participating Agencies are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the Facility Owner or to bind the Facility Owner in any manner or thing whatsoever. J. HEADINGS The titles of sections are for convenience only and do not define or limit the contents. K. APPLICABLE LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and venue of any action brought hereunder shall be in the Superior Court for King County. i L. BINDING EFFECTS The provisions, covenants,and conditions in the General Terms and Conditions apply to bind the Participating Agencies,their legal heirs,representatives, successors, and assigns. M. ASSIGNMENT No Participating Agency shall assign its rights or assign its duties under this Agreement without the prior written consent of the other Participating Agencies, which consent shall not be unreasonably withheld. N. NOTICES All notices and other materials to be delivered hereunder, shall be in writing and shall be delivered or mailed to the addresses as identified in this Agreement. 17 54 � O. MODIFICATION OR AMENDMENT No modification to or amendment of the provisions of the General Terms and Conditions shall be effective unless in writing and signed by authorized representatives of the Participating Agencies to this Agreement. The Participating Agencies expressly reserve the right to modify any agreement, from time to time,by mutual agreement. 1 P. EXECUTED IN COUNTERPARTS This Agreement may be executed in any number of counterparts,each of which shall be an original,but all of which together shall constitute but one instrument. i f l I I I i 18 55 IN WITNESS WHEREOF, the Participating Agencies hereto have executed this Agreement on the respective dates indicated below. Approved as to Form Kevin Desmond Marcine Anderson General Manager,King County Metro Transit Prosecuting Attorney Approved as to Form i Todd Cutts Mary Mirante-Bartolo Acting City Manager, City of SeaTac City Attorney Approved as to Form Anthony Piasecki Pat Bosmans City Manager, City of Des Moines City Attorney i Approved as to Form Suzette Cook City Attorney Mayor, City of Kent i Approved as to Form Brian Wilson City Attorney Interim City Manager, City of Federal Way 19 56 Attachment 1 I Project Elements: A-Line RapidRide Fiber Optic Project i Element 1 (Trunk: State Route 518 to S 216th Street) The installation of a 72-strand fiber trunk line with fiber distribution as follows: (' King County Rapid Ride: 24 Strands (1-24) Local Agency Communication(City of SeaTac): 24 Strands (25-48) Inter-Agency Communications: 24 Strands (49-72) Element 2 (TSC Laterals: State Route 518 Street to S 208th Street) The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets. Element 3 (ITS Laterals: State Route 518 to S 208th Street) The installation of 12-strand fiber laterals, from trunk line to ITS cabinets. Element 4 (Trunk: S 216th Street to Kent Des Moines Road) The installation of a 72-strand trunk line with fiber distribution as follows: King County Metro Rapid Ride: 24 Strands (1-24) Local Agency Communication(City of Des Moines): 24 Strands (25-48) Inter-Agency Communications: 24 Strands (49-72) Element 5 (TSC Laterals: S 216th to Kent Des Moines Road) The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets. Element 6 (ITS Laterals: S 216th to Kent Des Moines Road) The installation of 12-strand fiber laterals, from trunk line to ITS cabinets. Element 7 (Trunk: Kent Des Moines Road to S 272nd Street) I The installation of a 72-strand trunk line with fiber distribution as follows: j King County Metro Rapid Ride: 24 strands (1-24) Local Agency Communication(City of Kent): 24 strands (25-48) Inter-Agency Communications: 24 strands (48-72) i Element 8 (TSC Laterals: S 240th Street to S 272nd Street) The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets. I i Element 9 (ITS Laterals: S 240th Street to S 272nd Street) The installation of 12-strand fiber laterals, from trunk line to ITS cabinets. I 20 i 57 i Element 10(Trunk: S 272nd Street to S 320th Street) i The installation of a 72-strand fiber trunk line along Pacific Highway South with fiber distribution as follows: King County Metro Rapid Ride: 24 Strands (1-24) Local Agency Communication(City of Federal Way): 24 Strands(25-48) Inter-Agency Communication: 24 strands (49-72) i Element 11 (S 320th Street Trunk: Pacific Highway South to 25th Avenue S) The installation of a 48-strand fiber trunk line along S 320th Street with fiber distribution as follows: King County Metro Rapid Ride: 24 Strands (1-24) Local Agency Communication(City of Federal Way): 24 Strands (25-48) Element 12 (23rd Avenue S Trunk: S 316th Street to S 320th Street) The installation of a 48-strand fiber trunk line along 23rd Avenue S with fiber distribution as follows: King County Metro Rapid Ride: 24 Strands (1-24) Local Agency Communication(City of Federal Way): 24 Strands (25-48) Element 13 (ITS Laterals: S 276th Street to 320th Street on Pacific Highway South and S 316th Street and S 317th Street on 23rd Avenue S) The installation of 12-strand fiber laterals, from trunk line to ITS cabinets. Element 14 (TSC Laterals: 20th Avenue S, 23rd Avenue S, and 25th Avenue S on S 320th Street; and S 316th Street and S 317th Street on 23rd Avenue S) The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets. Element 15 (Fiber Termination Cabinets) The installation of five(5)fiber termination cabinets at the following locations: State Route 518, S 188th Street, S 216th Street,Kent-Des Moines Road, and S 320th Street Element 16 (Fiber Connections to Fiber Termination Cabinets) The installation of 144-count fiber connection from the 72-count trunk to the termination cabinets (State Route 518, S 188th Street, S 216th Street,Kent-Des Moines Road, and S 320th Street). Element 17 (Fiber Connection to WSDOT at S 320`h 51/I-5) The installation of 12-strand fiber cable from the splice vault at S 320th Street/25th Avenue S to the closed circuit television(CCTV) cabinet(CC-016) in the southwest quadrant of the S 320`h Street/Interstate 5 interchange. 21 58 Element 18 (Fiber Connection to the WSDOT Mini-Hub at State Route 518 The installation of 12-strand fiber cable for the fiber termination cabinet to the WSDOT fiber mini-hub at State Route 518. Elements Constructed by Others: For a portion of Element 10, (72-strand fiber trunk cable: S 272nd Street to S 320th Street),King County will enter into an agreement with the City of Federal Way. The City of Federal Way will design and install the portion of this project from S Dash Point Road to S 308th Street. The City of Federal Way will design and construct this work as part of Pacific Highway South-HOV Lanes Phase IV. 22 Ln, ii 1/1 � I pN nut�Vl nnia� I54wZfS JS 4J7rfS , •l Dulls Neplupidi I��fll 7,)1 F JS ylSifr 1S VIr42$� � '� swats Js4rzifs� ` 1-- i u Is IOU s CIrHJrofs � � Isyrsrzs ' C W 11l 1 { j '� xu.g_ JS41fVZS iS 41PQZ S Jswwzs :i t Isv[sazr . �f a9 4� a n rswsers 'l I [ g O g�� � .� °pS +svrrars_4 �V 0 xq o !) rS Pz ng` t4<g assa lµ1 is PNZszs_�1 � 631H 9b z } r- ^-'f .ram.r iS H,P9Z S o �{� � IeNllS�plAWd�I'llll lSP�ZSrS - _ �t fir..T N Wolf S-4 l7k �-s�� Y�"e1MIuu4Y jgj y a I-- ril ram,' 3 = ,�ar diner-�I�QS dlSll4 j� RI N - Lu w 7 n r 60 i Attachment 3: Fiber Optic Project Cost Estimate Description Units Sub Total Communication Equipment and Infrastructure LS $1,128,050 Fiber Optic Cable LS $461,900 Traffic Control LS $158,994 Force Account-Conduit Replacement Est $25,000 Force Account-Additional Junction Box Est $5,000 Force Account-Subsurface Utility Locate Est $40,000 Subtotal $1,818,944 Design Allowance 5% $90,947 County Provided Total Tax is included in this $271,390 Construction Item Total $2,181,281 Tax 9% $171,890 Subtotal $2,353,171 Construction Engineering 15% $352,976 Construction Contingencies 10% $235,317 Cost Between Dash Point and 312th (Pac Hwy HOV Phase VI) $54,970 Construction Total $2,996,434 l 24 . � � � \ I ƒ / \ o < . « 0 § ® ) ■ / , j U 0 7 3 u U } « / rq u a 2 2 2 0 \ { O a / 2 t nf y § e ; � \ \ � ) � 2 _j 2 | ( / ( \ \< ƒ \ ! .£ / f \ ® / ( \ ( K. � \\ % k . . . . . . . . . .. . . . ... .. .. . . a . .. . . . . . . . .. . . . . . . .. . . . . . t . � � 62 Attachment 5:Ownership and Maintenance Responsibilities of Fiber Optic Project Elements Project Element Ownership Maintenance Agency Proportional Cost Sharing Element i State Route 518 to S 216th St):72-strand fiber trunk cable King County King County(50%) King County Rapid Ride 24 Strands 1-24 King County City of SeaTac(50%) Cit of SeaTac Communication 24 Strands 25-48 City of SeaTac Inter-Agency Communications:24 Strands 49-72 King Count Element 2(State Route 518 St to S 208th St):12-strand fiber laterals,trunk to traffic City of SeaTac City of SeaTac City of SeaTac(100%) signal control cabinets Element 3(State Route 5181'to S 208th St):12-strand fiber laterals,trunk line to ITS King County(100%) cabinets King County King County Element 4 S 216th St to Kent Des Moines Road):72-strand fiber trunk cable King County King County(50%) Kina Countv Rarud Ride:24 Strands 1-24 King County City of Des Moines(50%) City of Des Moines Communication 24 Strands 25-48 City of Des Moines Inter-Agency Communications:24 Strands 49-72 King Count Element 5(S 216th St to Kent Des Moines Road):12-strand fiber laterals,trunk to City of Des Moines City of Des Moines City of Des Moines(100%) traffic signal control cabinets Element 6(S 216th St to Kent Des Moines Road):12-strand fiber laterals,trunk line King County King County King County(100%) to ITS cabinets Element 7 Kent Des Moines Road to S 272nd SO:72-strand fiber trunk cable King County King County(50%) Kin,County Ra id Ride:24 strands 1-24 King County City of Kent(50%) City of Kent Communication:24 strands 25-48 City of Kent Inter-Agency Communications:24 strands 49-72 King Count Element 8(S 240th St to S 272nd St):12-strand fiber laterals,trunk to traffic signal City of Kent City of Kent City of Kent(100%) control cabinets Element 9 S 240th St to S 272nd St):12-strand fiber laterals trunk to ITS cabinets King County King County King Count 100% Element 10 S 272nd St to S 320th St):72 strand trunk cable King County King County(50%) King County Rapid Ride:24 Strands 1-24 King County City of Federal Way(50%) City of Federal Way 24 Strands 25-48) City of Federal Way Inter-Agency Communication:24 Strands 49-72 King Count ` Element I(Pacific Highway S to 25th Avenue S):S 320th Street 48-strand fiber King County King County(50%) trunk cable City of Federal Way(50%) Kinfa County Ra id Ride:24 Strands 1-24 King County City of Federal Way Communication:24 Strands 25-48 City of Federal Way Element 12(S 316th Street to S 320th Street):23rd Avenue S 48-strand fiber trunk King County King County(50%) cable City of Federal Way(50%) King County Rapid Ride:24 Strands 1-24 King Count City of Federal Way Communication:24 Strands 25-48) City of Federal Way Element 13(S 276th Street to 320th Street on Pacific Highway South,and S 316th King County King County King County(100%) Street and S 317th Street on 23rd Avenue S):12-strand fiber laterals,trunk to ITS cabinets Element 14(20th Avenue S,23rd Avenue S,and 25th Avenue S on S 320th Street;and City of Federal Way City of Federal Way City of Federal Way(100%) S 316th Street and S 317th Street on 23rd Avenue S):12-strand fiber laterals,trunk to traffic signal control cabinets Element 15(Fiber Termination Cabinets):Five(5)fiber termination cabinets at King County King County King County(100%) State Route 518 S 188th St S 216th St Kent Des Moines Road and S 320th St Element 16(Connections to Fiber Termination Cabinets):144-count fiber connection King County King County King County(100%) from the 72-count trunk to the termination cabinets at State Route 518,S 188th St,S 216th St,Kent Des Moines Roads,and S 320th St Element 17(Fiber Connection to WSDOT at S 320'h St/1-5):12-strand fiber cable King County King County King County(50%) from splice vault at S 320th Street/25th Avenue S to CCTV cabinet at 1-5. City of Federal Way(50%) Element 18(Fiber Connection to WSDOT at State Route 518):12-strand fiber cable King County King County King County(100%) to WSDOT mini-hub at State Route 518 N rn Kent City Council Meeting Date January 5, 2010 Category Consent 'Calendar - i6F 1. SUBJECT: NOTICE OF SANITARY SEWER CONNECTION CHARGE - APPROVE i 2. SUMMARY STATEMENT: Authorize the Public Works Department to establish a sewer connection charge for five properties along 104th ' Place`SE, upon concurrence of the language therein by the City Attorney and the Public Works Director. In 2004, the City constructed sanitary sewer mains in the vicinity of 104t" Place SE for a LID. Due to the layout of the area and sanitary sewer system the City was unable to provide sewer stubs to five other properties not in the LID without additional mainline sewer extensions. The assessment calculation'included these five properties for the distribution of the project costs on the basis that they would pay a sewer connection charge upon connection to the sewer. 3. EXHIBITS: Memo dated 9/15/09 and vicinity maps i 4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X - upon connection to sanitary sewer Currently in the Budget? Yes ' No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: I I i PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KENT Phone: 253-856-5500 WASHINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: September 15, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: September 21, 2009 From: Mark Howlett, Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Notice of Sanitary Sewer Connection Charge/ SE 216th Street & 104th Place SE Motion: Move to authorize the Public Works Department to establish a sewer connection charge for five properties along 104th Place SE, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The Public Works Department is requesting authorization to establish a sanitary sewer connection for 5 properties who wish to connect to the City's sanitary sewer system. There are five properties with a charge of $17,414.20 each for a total potential reimbursement of $87,071.00. These properties are shown on the attached map, Exhibit B. Background/History: In 2004, the City constructed sanitary sewer mains in the vicinity of 104th Place SE for a Local Improvement District. See the attached vicinity map, Exhibit A for the project location. Due to the layout of the area and sanitary sewer system, we were able to provide sewer stubs to five other properties not in the L.I.D. without additional mainline sewer extensions. The L.I.D. assessment calculation included these five properties for the distribution of the project costs on the basis that they would pay a sewer connection charge upon connection to the sewer. Budget Impact: At the time these properties connect to the sanitary sewer, the City will receive reimbursement for previous expenditures. Please note the wording on this memorandum was changed after the September 211 2009 Public Works Committee meeting, at the direction of the City Attorney. P:I Pu bl is IAdm inSup I P I PCouuui t tee l Act ionPage.do c S 180TH ST r'7 U W J S 192ND T [x � A x j , ¢ ¢ N > � � sE 2asTH w / w w S 208 w ¢ I � ¢ m X. 16 ST. co S 218TH T A aco a �� SE 223RD ST In CITY OF KENT w U S co 5 ro / �A4 Pam` ST / u� S ST SS 40 ST SE 44 ST > CLARK SMITH 8 M E ' '� o U d EXHIBIT A - VICINITY MAP CITY OP /KKENT ENGIN E eERING DEPARTMQ�EENg�TG� . 00 qW■y.. GOWg�.�yEM■S■Tq� pWyKENT,S.E.WA. 98032 S.E. 21 BTH STREET REED" L#YtlD 1 B4/ H PLACE ACE E p��p p�py�1 spry pp��yr SANITARY SEWER rn �� JUNE, 2003 i f ' N �——- 8E,214 PL I . � O W ' SE 216 ST I I i 5702200220 j w o 5702200230 � b702200140 !� 0 6702200240 \ ST02200260 1 .. 77-- --S&220-ST.--, C ~ I I EXHIBIT B KEY SEWER CONNECTION CHARGE ----- Sanitary Sewer xor ro scare Pdnted06-01-09 SE 218th ST.And 104th PL. SE Page 3 of 3 devM4.mxd i I i i Kent City Council Meeting Date January 5, 2010 Category Consent Calendar - '6G 1. SUBJECT: AECOM LEVEE IMPROVEMENT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Contract with AECOM in the amount of $34,67601, to provide structural engineering services with regard to retaining walls required as part of the Horseshoe Bend Levee, subject to terms and conditions acceptable to the City Attorney and the Public' Works Director. AECOM will ;provide structural engineering support to Geoengineers to develop alternate levee cross sections that include retaining walls. 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:' Memo dated 11/19/09 and AECOM Scope of Work 4. RECOMMENDED BY: iPublic 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 I i i DISCUSSION: ; ; ACTION: 85 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Interim Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH I NGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 i 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: Tim LaPorte, Interim Public Works Director Subject: Contract between the City of Kent and AECOM for the Horseshoe Bend Levee Improvement Project Motion: Move to recommend Council authorize the Mayor to sign the Consultant Services Contract with AECOM to provide structural engineering services with regard to retaining walls required as part of the Horseshoe Bend Levee in the amount of $34,676.01, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. I 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 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. AECOM will provide structural engineering support to Geoengineers to develop alternate levee cross sections that include retaining walls . 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.,WiibliclPli'ConnnitteeWetionPage12009112 0709HoiseshoeBeudLeieebnprovProjCotitrnet AECOMd6e City of Kent A C0* Scope of Work-Exhibit A EXHIBIT A SCOPE OF WORK Horseshoe Bend Levee — Retaining Walls During the term of this Agreement, the engineering consultant (Consultant) shall perform professional services for the City of Kent (City). This project is expected to include at least two phases. Phase 1 is the preparation of a Design Technical Memo. Phase 2 is the preparation of Final Design Plans, Specifications, and Estimate in connection with the: Horseshoe Bend Levee Project The Consultant shall actively coordinate Retaining Wall aspects of the work for the assignment, identify and resolve issues in a timely manner, and communicate effectively. The Consultant shall be responsible for the performance of scoped services, and shall furnish materials and information to accomplish the work tasks described herein. The Consultant will actively coordinate with GeoEngineers. GeoEngineers have been retained by the City and will be providing geotechnical support for this project. Frequent coordination efforts are expected between the Consultant and GeoEngineers. The Consultant and the City agree that the City may use City forces to perform tasks listed in this Scope and that some tasks may not be required and the contract dollar amount will be adjusted accordingly. I I. PROJECT OBJECTIVES AND DESCRIPTION The objectives of the Horseshoe Bend Levee Project, hereinafter referred to as the Project, are to: 1. Provide flood protection to the City of Kent, in the area of the Green River known as Horseshoe Bend. 2. The project will include new levee and retaining walls. 3. Minimize construction impacts to the public. Work on the levee retaining walls will be divided into the following two phases: Phase 1 — Design Technical Memo. Phase 1 of the project is to coordinate with the geotechnical engineer to determine the most feasible wall type, size and location for the levee walls. The geotech will determine the overall levee section and general parameters for the wall location within the section, the consultant shall evaluate the most efficient wall type for cost and constructability. The geotech and/ or the City shall provide the consultant with the relevant project data and the consultant shall conduct evaluation of up to three (3) wall alternatives. The results of the Phase 1 work will be documented in the Design Technical Memo and submitted to the City for an approval. Phase 2 — Final Design. Upon approval of the Technical Memo by the City, the Consultant will proceed with the preparation of the design plans for the construction features of the project, as defined in the approved Technical Memo and other supporting documents. 11. DESIGN CRITERIA Horseshoe Wall Scope-Phase 1 vFinal.doc Page 1 of 7 City of Kent A-CO" Scope of Work-Exhibit A f All documents prepared under the terms of this AGREEMENT shall be developed in accordance with the latest edition and amendments of the following: City of Kent: 1. Road Standards 2. Standard drawings and sample documents prepared by the City and furnished to the Consultant shall be used as a guide in all applicable cases WSDOT Publications: 1. Standard Specifications for Road, Bridge, and Municipal Construction, English Edition, 2008 (M41-10) 2. Standard Plans for Road, Bridge, and Municipal Construction, English edition (M21-01) { 3. Design Manual (M22-01) 4. Bridge Design Manual, (M23-50) 5. Plans Preparation Manual (M22-31) 6. Construction Manual (M41-01) 7. Local Agency Guidelines Manual American Association of State Highway and Transportation Officials(AASHTO) Publications: 1. Standard Specifications for Highway Bridges, AASHTO LRFD Bridge Design Specifications, Customary U.S. Units, 4t" Edition with 2008 Interim Revisions 2. Guide for the Development of Bicycle Facilities, 1999 3. A Policy on Geometric Design of Highways and Streets, 51" Edition, 2004 ('Green Book') U.S. Department of Transportation, Federal Highway Administration(FHWA): 1. Manual on Uniform Traffic Control Devices for Streets and Highways USACE and Other Publications: 1. EC (Engineering Circular) 1110-2-6052, Structural Design of Precast and Prestressed Concrete for Offsite Prefabricated Construction of Hydraulic Structures, 1 January 2001 2. EM (Engineering Manual) 1110-2-2104, Strength Design for Reinforced Concrete Hydraulic Structures, August 2003, Change 1 3. EM 1110-2-2105, Design of Hydraulic Steel Structure, March 1993, Change 1, May 1994 I 4. EM 1110-2-2106, Design of Precast and Prestressed Concrete for Hydraulic Structures, 30 march 08, DRAFT 5. EM 1110-2-2503, Design of Sheet Pile Cellular Structures Cofferdams and Retaining Structures, September 1989 6. EM 1110-2-2504, Design of Sheet Pile Walls, March 1994 I 7. EM 1110-2-2906, Design of Pile Foundations, January 1991 8. ER (Engineering Regulations) 1110-2-1150, Engineering and Design for Civil Works Projects, August 1999 9. ER 1110-2-1806, Earthquake Design and Evaluation for Civil Works Projects, July 1995 i Horseshoe Wall Scope-Phase 1 WinaLdoc Page 2 of 7 City of Kent ACC" Scope of Work-Exhibit A 10. American Concrete Institute (ACI), Building Code Requirements for Reinforced Concrete, ACI 318- 02 11. American Institute of Steel Construction (AISC), Manual of Steel Construction Allowable Stress Design, 9ch Edition, 1989 12. American Society of Civil Engineers (ASCE), Minimum Design Loads for Buildings and Other Structures, ASCE 7-05, 2005 13. American Welding Society (AWS), Bridge Welding Code, AWS D1.5 2008 14. American Welding Society, Structural Welding Code, AWS D1.1 2008 III. PROJECT SCHEDULE The anticipated project schedule is as shown below: Milestone Date Phase 1 - Design Memo: Consultant Notice to Proceed 11Jan09 Submit Final Tech Memo to City 31 Mar09 I The duration of the reviews by the City and by others is two (2) weeks. The project schedule may be subject to adjustment at mutual agreement, whether initiated by the City or Consultant. i IV. DATA AND SERVICES TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will provide the following items and services to the Consultant that will facilitate the studies and preparation of the documents for work within the limits of the Project. The Consultant is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others, including but not limited to, survey and traffic data. These are: 1. Survey, Base Maps, and complete DTM 2. Geotechnical Design Parameters 3. Drainage/Hydraulic Information for Tie-Ins 4. Secure rights-of-entry as necessary. V. INTELECTUAL PROPERTY The documents listed as "Deliverables" in the Detailed Task Description, Section VII of this scope of work, and other exhibits or presentations for the work covered by this AGREEMENT and associated supplements will be furnished by the Consultant to the City upon completion of the various tasks of work. Whether the documents are submitted in electronic media or in tangible format, any use of the materials on another project or on extensions of this project beyond the use for which they were intended, or any modification of the materials or conversion of the materials to an alternate system or format will be without liability or legal exposure to Consultant. The City will assume all risks associated with such use, modifications, or conversions. The Consultant may remove from the electronic materials delivered to the City, all references to the Consultant involvement and will retain a tangible copy of the materials delivered Horseshoe Wall Scope-Phase 1 vFinaLdoc Page 3 of 7 City of Kent Ae Scope of Work-Exhibit A I to the City which will govern the interpretation of the materials and the information recorded. Electronic files are considered working files only; the Consultant is not required to maintain electronic files beyond 90 days after the project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. VI. ABBREVIATIONS The following abbreviations are referred to throughout this scope of work: AASHTO American Association of State Highway and Transportation Officials ASTM American Society for Testing and Materials BA Biological Assessment BDM WSDOT Bridge Design Manual BRAC Bridge Replacement Advisory Committee DAHP Department of Archaeology and Historic Preservation Ecology Washington State Department of Ecology I, ECS Environmental Classification Summary ESA Endangered Species Act FEMA Federal Emergency Management Agency FHWA Federal Highway Administration H&LP Highways and Local Programs HPA Hydraulic Project Approval JARPA Joint Aquatic Resources Permit Application LRFD Load Resistance Factor Design NEPA National Environmental Projection Act NMFS National Marine Fisheries Service NRHP National Register of Historic Places PS&E Plans, specifications, and estimates i SEPA State Environmental Protection Act TS&L Type, Size and Location WDFW Washington State Department of Fish and Wildlife WSDOT Washington State Department of Transportation i USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service i I i VII.DETAILED TASK DESCRIPTION General Assumptions: 1. The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit `B" These costs are itemized in Exhibit `B"to aid in project tracking purposes I I i Horseshoe Wall Scope-Phase 1 vFinaLdoc Page 4 of 7 City of Kent A COM Scope of Work-Exhibit A only. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. Addition al services bey ond these limits will be considered Extra Work. 2. The Project duration is anticipated to be 4 months for Phase 1. Phase 2 duration will be determined later. The Consultant is responsible for meeting deadlines for their tasks only; Consultant has no control over those portions of the schedule related to the tasks performed by the City or any third party. 3. Subsurface investigation and remedial action associated with hazardous wastes located within the Project limits are not within this scope of services. No hazardous, dangerous, or contaminated soil/ground water is anticipated to be encountered on or within the project limits. Should any of these materials be encountered, addressing the situation will be Extra Work. 4. The analyses, design, plans, specifications, and estimate performed or prepared as part of the Project will be in English units. Metric units will not be used on this Project. 5. The plans will be prepared in accordance with City of Kent Drafting Standards as applied to AutoCAD drawing software. 6. The City has the authority to approve proposed work scope and schedule changes. PHASE 1 - DESIGN TECHNICAL MEMO Task 1. — Management and Coordination: In this task are described those services necessary to plan, perform, and control the various elements of the project so that the needs and expectations of the City will be met. a. Project Management. Provide direction to the design team. Conduct project coordination meetings as required with appropriate task leaders. Monitor the planned versus actual rate of expenditure for each task and take corrective actions if necessary. Collect from each task leader, the percent complete as measured by how much work is left to be accomplished on a task by task basis. Maintain a high exposure to the project team of the issues to be resolved and their potential impacts to the measures of success for the project. b. Communicate Progress. Conduct ongoing, proactive, responsive communications with the City staff involved in the direction and execution of the project. Attend project coordination meeting at the completion of the Design Memo. Coordinate the schedule of the reviews to be performed by the City. Prepare and submit monthly invoices with a brief progress report that will include identification of work performed in the previous month's schedule. c. Quality Assurance/Quality Control. The project manager will implement and conduct AECOM quality control/quality assurance program throughout the project. This requirement will apply to all subconsultant deliverable work. Assumptions: 1. The Consultant's project manager and/or project engineer will meet with the City's project manager/engineer on as needed basis throughout the project. 2. Internal project team coordination meetings will be held on an as-needed basis during project duration. These meetings will be in addition to the coordination meetings held with the City, but budgeted as part of the specific work tasks. 3. Project meetings may involve FEMA and USACE and will require some preparation of meeting materials. The budgeted number of meetings is shown on the attached cost estimate. Deliverables: 1. Monthly Invoices and Progress Report (1 copy) Horseshoe Wall Scope-Phase 1 vFinaLdoc Page 5 of 7 A C061 City of Kent Scope of Work-Exhibit A 2. Written Change Authorizations 3. Meeting preparation and attendance Task 2. — Site Visit: The Consultant will perform the following: The Consultant will conduct a site visit to review the field locations of all of the wall locations. Assumptions: 1. All locations are accessible by foot. 2. Two people for the site visit Deliverables: 1. Field notes and photographs. Task 3. — Conceptual Wall Type Selection: The Consultant will perform the following: Perform preliminary engineering to determine the preferred wall type, size and location, and include in the Technical Memorandum As follows: a. Establish wall design parameters, which include design loadings, construction materials, and design method. b. Evaluate up to three (3) wall structure types for the selected alignment alternative. Coordinate with the geotechnical engineer to establish wall type, size, and location to be used as a basis for final design. Define geometrics, aesthetics, and structural requirements for the wall design. Assumptions: 1. The anticipated structure types to be evaluated will be Structural Earth Wall, Standard CIP Concrete, Keystone type Wall. j Deliverables: I 1. Typical sections for the each alternative, for incorporation into the Design Technical Memo 1 Task 4. — Wall Design Description for Insertion into Geotechnical Report., The Wall Description shall summarize the preliminary engineering of the wall alternatives studied and recommend project options in sufficient detail for evaluation and selection of an alternative by the City and geotechnical engineer. The analysis shall include a comparison of benefits and impacts. The alternative and cost analysis shall utilize readily available information including existing mapping, geotechnical investigations, sensitive areas information and cost data for similar projects in the local area and provide conceptual designs and drawings for the alternatives. The Wall Design Description shall, at a minimum, address the following: i a. Retaining wall requirements and options. b. Prepare comparative-level opinion of design and planning-level construction costs for each wall type based on per cross-sectional foot basis c. Include conceptual design figures Deliverables J Horseshoe Wall Scope-Phase 1 vFinal.doc Page 6 of 7 City of Kent A_COM Scope of Work-Exhibit A 1. Draft Horseshoe Bend Levee Wall Description 2. Final Horseshoe Bend Levee Wall Description PHASE 2 - FINAL DESIGN The final scope for Phase 2 will be determined at a later date. i I Horseshoe Wall Scope-Phase 1 vFinal.doc Page 7 of 7 95 City of Kent A COM Horseshoe Bend Levee Retaining Walls Structural No.of Hours/ Structural Proj Eng/ CADDY Proj Wall length Sheets Sheet Manager Eng Des ech Admin QA/QC Total Hours Total Cost(OL) $76.31 $54.50 $32.00 $38.00 $38.00 $59.00 No,of Task 1 Mlgs Management and Coordination Project Management 24 6 30 $2,059.44 4 Meetings 16 16 1 1 0 32 $2,092.96 ra,j.dduration(months) 3 gen management(hrs par wk) 2 meoting duration with travel time(his) 4 Total Management and Coordination 40 16 0 0 6 0 62 $4,152.40 Task 2 I Site Visit Site Visit 8 8 16 $1,046.48 Total Site Visit 8 8 0 0 0 0 16 F $1,0 66.48 i Task 3 ': Preliminary Design of Walls: Concept Development and Preliminary Engineering 12 24 0 36 []$]22�23.72 Total Preliminary Design of Walls 12 24 0 0 0 0 36 $2,223.72 Task 4 Design Tech Memo Prep Draft Tech Description(for 4 Walls) 12 24 0 4 40 $2,459.72 Final Description 4 10 0 2 16 $968.24 Comparative Cost for Wall Types 2 6 0 6 14 $833.62 Total Design Tech Memo Prep 18 40 0 0 0 12 70 $4,261.58 Final Design and Wall Plans 250 i l NIC-Phase 2 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 $0.00 g 645 3 0 0 0 0 0 0 $0.00 1235 5 0 0 0 0 0 0 $0.00 75 1 0 0 0 0 0 0 $0.00 425 2 0 0 0 0 0 0 $0.00 0 0 0 0 0 0 $0.00 J Total Final Design and Wall Plans 11 0 0 0 0 0 0 0 $0.00 Specifications NIC-Phase 2 Specification Outline(30%) 0 0 0 0 $0.00 Draft Specifications(60%) 0 0 0 0 $0.00 Final Specifications(90%) 0 0 0 0 $0.00 Total Specifications 0 0 0 0 0 0 0 Construction Cost Estimate' NIC-Phase 2 Item List(30%) 0 0 0 0 0 S$$-.0-.00110)) Preliminary Estimate(60%) 0 0 0 0 0Final Cost Estimate(90%) 0 0 0 0 0 i Total Construction Cost Estimate 0 0 0 0 0 0 Total Structural 78 88 0 0 6 12 184 $11,684.16 I I I OUTSIDE REIMBURSABLES AECOM Direct Salary $11,684.18 Per Diem $0.00 AECOM Overhead @ 163.14% $19,061.57 Lodging $0.00 AECOM Subtotal $30,745.75 Mileage/pers.Vehicle($0.55/mile) $250.00 Meals $0.00 AECOM Fee @ 30% $3,505.25 Supplies,Photos $0.00 Outside Reimbursables $425.00 Reproduction $100.00 Subconsultants $0.00 Postage/Delivery $25.00 TOTAL= $34,676.01 Other $50.00 Management Reserve Fund= 0% $0.00 Markup for Reimb. 0 0% $0.00 GRAND TOTAL= $34,676.01 Total: $425.00 Notes: 1)this estimate is based on MSE walls,CIP Conc.will require more effort. ! 2)this estimate assumes that the City will provide a DTM model that is complete for hertz&vert.layout,quantities,and cost esfimting 3)drainage pipes by others 1 C:0ocuments and SettlrgslPeltersonEtMy DocumenisWECOMUECOM1ProJeclsV-IorseshoeUAanagemenllScope&Budget\Horseshoe Wall Estimate-Phase 1 vFinal.>,is Page 1 of 1 Kent City Council Meeting Date January 5, 2010 Category Consent Calendar - 6H j i 1. SUBJECT: AMEC GEOMATRIX, INC. LEVEE IMPROVEMENT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract with AMEC Geomatrix, Inc. in the amount of $21,142, for an Archeological Reconnaissance Survey and',report, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The Archeological Reconnaissance Survey is required as part of this permit. Staff is in the process of obtaining permits and approvals for the entire length of the Horseshoe Bend Levee project, AMEC Geomatrix, Inc. would perform an Archaeological Reconnaissance Survey the full length of the project. A portion of the $9,800,000 grant from the Washington State Department of Ecology will be j used to pay i for this consultant services contract. I 3. EXHIBITS: Memo dated 11/19/09 and Proposal for Archaeological Survey 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 i i DISCUSSION: ACTION: 97 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Phone: 253-856-5500 � KENT Fax: 253-856-6500 WASHINGTON 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: Tim LaPorte, Public Works Director Subject: Horseshoe Bend Levee Improvements Project Contract between the City of Kent and AMEC Geomatrix, Inc. Motion: Move to recommend Council authorize the Mayor to sign the Contract with AMEC Geomatrix, Inc. for an Archeological Reconnaissance Survey and report in the amount of $21,142.00 subject to terms and conditions acceptable to the City Attorney and the Public Works Director. i 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 slope the riverbank at a more gradual angle. The reconstruction also includes installation of instream large woody debris structures, excavation of a mid-slope bench where possible and toe buttress and re-vegetation 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. AMEC Geomatrix, Inc. would perform an Archaeological Reconnaissance Survey the full length of the project. Budget Impact: The City is being awarded a $10,000,000 Department of Ecology grant, a portion of which will be spent for this consultant. U:Public T IVConiniineelAelionPage120091.doe 99 amec-� November 20, 2009 Mr. Joe Fielding City of Kent Engineering Department 220 Fourth Avenue South Kent, Washington 98032 Subject: Proposal for Archaeological Survey Horseshoe Bend Levee Improvements Kent, Washington Dear Mr. Fielding: At your request, AMEC Geomatrix, Inc. (AMEC), has prepared this cost estimate for the City of Kent(City) to perform an archaeological survey on the property to be affected by improvements to levees along the Green River in the reach known as Horseshoe Bend, in King County, Washington. We understand the City wishes to perform the archaeological survey in compliance with Section 106 of the National Historic Preservation Act (NHPA). The principal goals of this proposed work are to determine if levee improvement will have any effect on historic properties as defined by the NHPA, specifically archaeological resources. AMEC will serve as the prime contractor and will subcontract to another firm to complete mechanical excavation of exploratory trenches,if necessary. AMEC will analyze results of its field activities and provide a report of the findings. SITE DESCRIPTION The subject property comprises seven levee segments totaling 33 acres that are currently under levee or in the greenbelt along the inside of the levee. The property is configured such that it is a total of approximately 150 feet wide and 9,545 feet long. There are no standing structures on the property. The City intends to move the levee back (inland away from the river) and make more gentle the slope between the levee and river. SCOPE OF SERVICES The proposed work consists of the following elements. • Conduct literature review and record search. • Conduct field activities to determine if any archaeological resources are present. • Write a report of the results of literature review and field activities for use by the City in meeting the requirement of federal regulators. The outlined objectives are divided below into three tasks. A detailed cost breakdown for each task is provided in Table 1. Costs listed in Table 1 are based on AMEC's extensive experience AMEC Geomatrix, Inc. 600 University Street,Suite 1020 Seattle,Washington USA 98101-4107 Tel (206)342-1760 Fax (206)342-1761 www.amecgeomatrixine.com 100 ame Mr. Joe Fielding City of Kent Engineering Department November 20, 2009 Page 2 i i with archaeological surveys and particularly our 2009 experience with levee improvement projects on the Chehalis and Skagit Rivers. Task 1 —Literature and Records Review AMEC staff will conduct a review of available records, documents, maps, and photographs to determine the area's historic geography, establish whether any known archaeological or historic properties exist in the area, determine the historic and ethnographic uses of the project area, and assess the degree of historic modification of the area. This will include a visit to the Muckleshoot Tribe's cultural resources office to review the tribe's archaeological site and Traditional Cultural Property records. Resulting information will inform subsequent field activities. Task 2—Field Investigations AMEC staff will conduct an archaeological survey of the project area in three steps, including pedestrian survey, subsurface survey using shovel/auger testing procedures, and excavation of j mechanical trenches at selected locations. • A pedestrian survey of the greenbelt and outer levee slope portion of the project area in transects spaced not more than 30 feet apart to determine if archaeological resources are visible on the ground surface and define areas suitable for subsurface survey. Field investigations will be terminated if no areas with a potential for buried archaeological deposits are found to exist after the literature review and j surface survey are complete. • Subsurface survey consisting of systematic excavation of shovel/auger probes up to 5 feet in depth and not less than 4 inches in diameter. Probes will be placed in areas defined during the literature review and pedestrian survey as consisting of native sediments with archaeological potential. They will be placed at intervals of 60 feet, with removed matrix screened through 1/4-inch wire cloth. Any artifacts, shells, animal bones or fire-affected rock encountered will be documented, placed in a plastic bag, and replaced in the probe. • Mechanical trenches will be excavated up to 12 feet long and as much as 8 feet deep (with stepped walls as needed) to explore the potential for archaeological materials at depth. Trenches will be documented through standard archaeological procedures. Up to six such trenches will be excavated landward of the existing levee (no less than 6 feet from the toe of the levee slope) using backhoe/trackhoe or excavator based on availability and cost. All shovel probes and trenches will be backfilled and compacted the same day they are opened. i 101 ame Mr. Joe Fielding City of Kent Engineering Department November 20, 2009 Page 3 Task 3 —Reporting Following completion of fieldwork, AMEC will prepare a report on the investigations following the Washington State Department of Archaeology and Historic Preservation format. The report will include at least one map of the project area, one vicinity photograph of each levee segment, and copies of any archaeological inventory forms that have been prepared by or located by our , staff. A draft of this report will be provided to the City for review and comment. The City will collate all comments for return to AMEC. Following receipt of comments from the City, the report will be revised a final time and submitted to the City for inclusion in its permit application materials. CITY OF KENT RESPONSIBILITIES For the purposes of this proposal, scope of work, and budget,we assume that the City will ensure that AMEC has access to all segments of the project area. The City will also supply AMEC with a GIS shapefile, or equivalent, of the project area boundaries. The City or federal lead agency will be responsible for consultation with affected tribal organizations, including transmittal of the draft report for review. SCHEDULE AMEC will initiate the work on the upcoming activities when the contract is finalized with the City. Assuming the City provides AMEC a notice to proceed in late November, AMEC will schedule the work for mid-December 2009. The literature search can commence as soon as the notice to proceed is received; fieldwork will begin following completion of the literature search and should take approximately 3 days. A draft report will be completed within 3 weeks of the end of field activities. Assuming no delays in permitting, contracting, or other factors outside of AMEC's control, the archaeological investigations and reporting should be complete by February 1, 2010. COST ESTIMATE Based on the scope of services described above, we estimate the cost to complete the archaeological survey of the Horseshoe Bend Levee Improvement Project to have a total cost of approximately $21,142. If no subsurface survey proves to be necessary, the cost would be approximately $11,553, A detailed cost breakdown is provided in the enclosed Table 1. Work will be billed on actual costs. This cost estimate is based on the following assumptions; • The project area covers not more than 33 acres, most of it covered by levee; • Not more than 150 shovel/auger tests will be excavated to depths of not more than 5 feet; 102amec`-� I i Mr. Joe Fielding City of Kent Engineering Department November 20, 2009 Page 4 • Not more than 6 mechanical trenches are required; • Trench excavation does not require a permit(only a utilities locate). • No archaeological resources will be found and need documenting; such documentation would entail a change in scope; • Evaluation of any discovered archaeological properties would entail a change in scope. • Any mechanical trenching digging will be landward of the levee; however, if additional excavation is indicated within the levee, particularly on the river side, a geotechnical engineer may be required and supplied by the City, the Corps or AMEC. We appreciate the opportunity to provide the City with this cost estimate. Please let us know if I you have any questions or if you would like additional information. Sincerely yours, AMEC Geomatrix, Inc Kathleen Goodman, L.G., L.Hg. James Chatters, PhD, RPA Principal Hydrogeologist Senior Associate Archaeologist j rAproposals\2009\city of kent\horseshoe bend levee improvements\scopeofwork_archsurvey_sx.doc Enclosure: Table 1 i cc: Project File i l 1 i c 103 =6 to Op M N O r M m rn coCU cq N N M Q d OS dT M• !H 61 U W 0 O (00 N (m0 M r 11 lA O O LJO IN C Q C U 66% EA 69 W. U) to N62 � V3 64 Eft 64 V} 64 FA VT W M ffi O CY O N � Uy0 to O 04 69 N� 0 0 N O MDNN NN � to 69 <R EA 64 6r9 N ro M oo VM LO N N 00 N d 'i W O 0) p O m N CD N dM' M - N n O M 0 0 0 0 0Lo- fQ V V> 69 � — 60 69 yrq � 69 64 69 64 fit Ntn 69. 0 O W a c F- r to ro N 00 00 r W r LLI W N F: J V > C'1 m W J Q D v ~ A N C V 7 y — t m c00 r O r O O W m Y ro C 0 o e) 6q o61 1 0% LO °r° � � � 0) v1 C OC .= to o <» 69 �' r 64 6f1 64 U N .o m � O O F- 12 F- .' .J C m N W U m Cf E21212 � O O O O O O O N o O o 0 C 0 0 0 0 0 0 0 N o \ 0- d n r v� h O O 00 co "Itti (p W p 0 O l6 O d' CO OV M ! D) > t0 N .-- 1 N N N y1 0 69 6. 69 64 69 69 64 ni bT n fA E w v N C E a m" U E _ C 0) C O e C N O m Q co y Q O O N 00 U L .G � w + U S o Y jvIT Qp O p p U Cl) o o > >_ `o y QN c t � o o o = 10 mo> +� aO. FOo NN m Yz W ,cc o U>, aoi O FQ^- o a o Y m J u� F- U o 0 0 C7 U rn :2 M co co <n cn 2 w F- j i Kent City Council Meeting Date January`5, 2010 Category Consent Calendar - 6I i 1. SUBJECT: MILL CREEK MIDDLE SCHOOL PHASE II BILL OF SALE - ACCEPT i C i 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Mill Creek Middle School Phase II project for 4 water main gate valves, 2 water main hydrants, and 26 linear feet of water line. ! I i I I I i 3. EXHIBITS:' Bill of Sale 4. RECOMMENDED' BY: Public Works Director (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 i DISCUSSION: ACTION: I if i MAIL TO: CITY OF KENT 14 ENGINEERING DEPARTNT ATTN: ��' � �/s b-i—r, 220 - tTH AVENUE SOUTH KENT WASHINGTON KENT, WASHINGTON 98032 Project: f\ I 1 r ��� � Permit#: c(s1 _J0q; i 1 Location: 6 1�2�^n �+.� A-v._,_) , Parcel #: BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 3 day of '`v!N_ 20�� , by and between , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called j "Grantee": 4 WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described Improvements: A. WATERMAINS: Together with a total of gate valves at $ �`br`CO each, , hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) a Including linear feet at$ per LF of (size &type) i�s �waterline, B. SANITARY SEWERS:'; , Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at$ per LF of (size &type) sewerline. Bill of Sale 1 of 5 g�rr C. NEW STREETS: 1Y � Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at$ per LF of (size &type) (improvement). O. FRONTAGE IMPROVEMENTS: t� Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at$ per LF of (size &type) (Improvement). E. STORM SEWERS: Together with a total of manholes at $ each or total of catch basins at $ each, LF of biofiltration swale or drainage ditch with a total cost of $ , cubic feet of detention pond storage with a total cost of$ , and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it Is the lawful owner of said property; and that the same Is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in Its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. I Bill of Sale 2of5 f . IN WITN SS WHEREOF, the undersl ned has caused this instrument to be executed on this i ' day of , 20 09 i f l IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of , 20 j � I ti I STATE OF WASHINGTON ) ) SS COUNTY OF KING ) 4 On this 1-9Lot day of �u t,t ST. , 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally iappeared r�`�r�' d L on-q to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me tha 'he` she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. 1i 3 YF� GIVEN under my hand and official seal this day of A t-1� 20 . rr 11e Natary Public in and for the State of Washington, residing at A My Commission Expires: /. J �Rtt 'iilje ll\1 �` i Bill of Sale 3 of 5 1 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of , 20 , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 Bill of Sale 4of5 KEN*• T WASHINOTON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for )II C� � 7�11c�ck�� }`' ' ` project dated , for the same said M,\� C..1F?P1 In1A L S�.,W 1 project. �'�'�-���-� (2 . • PeV` ✓° the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of CDL4!4 L L-vva t. , the firm responsible for the preparation of the record drawings. Signature ��,� C. �® (Engineer stamp required) Q OV WAsyl�c,�,�� 1 �l 26577 Sf�1dALFN�'. Bill of Safe 5 of 5 Kent City Council Meeting Date January 5, 2010 Category Consent Calendar - 63 1. SUBJECT: RIVER PLACE AT THE LAKES BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the River Place at the Lakes project for 5 water main gate valves; 7 water main hydrants; 1,991 linear feet of waterline; 11 sanitary sewer manholes; and 1,824 linear feet of sanitary sewer line. r r r r 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: � r r I;ITV OF: KF-N'C NOV p 5 200g LGINEERI G G KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT 220 4T"AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT:River Place at The Lakes LOCATION: 23722 51s`Ct.S. 98032 TAX ACCT NO: 733810-0000 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 8th day of October,2008, by and between River Place Homeowners Association,hereinafter called "Grantors",and City of Kent,a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration, does hereby grant, bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of 5 gate valves at$1700.00 each, 7 hydrants at S 2975.00 each and /or any other appurtenances thereto. ON FROM TO (street,esmt, etc) Including 1991 linear feet at$27.00 per LF of 8", 12"DI (size& type) waterline. ' B. SANITARY SEWERS: Together with a total of 11 manholes at $2380.00 each and/or any other appurtenances thereto. ON FROM TO (street,esmt, etc) Including 1824 linear feet at$25.50 per LF of 8"PVC (size& type) sewer line. 1 of 3 Bill of Sale i C. TARE IS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. (PRIVATE) �{ ON FROM TO (street, esmt, etc) I, Including NA centerline LF at$ NA per LF of NA (type)streets, NA Feet asphalt roadway. f D. STORM SEWERS: Together with a total of NA manholes at$ NA each or a total of NA catch basins at$ NA each, NA LF of biofiltration swale or drainage ditch with a total cost of$ NA , NA CF of detention pond storage with a total cost of$ NA ,and/or any other appurtenances thereto. (PRIVATE) 6 ON FROM TO (street, esmt,etc) Including NA linear feet at$ NA per LF of NA (size& type) NA sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said roe and that the g y property;�"�'� same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them ; as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on {. this day f �9-v- ,20 _. d Ralph Zerr, r s dent is Board of lArectors RiverPlace Homeowners Association 1 2 of 3 Bill of Sale STATE OF WASB INGTON ) ) SS COUNTY OF KING ) On this day of 0; 20( before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared fzA I QL- z e_rI— to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/heir free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of.(36 2065 i Notary P blic in and for the State of Washington, residing at AR y o My Commission Expires: Pus �.00 ^ O� c At The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington, on the day of ,20 3 of 3 Bill of Sale i ( 1 I ( KENT WASH INOTON ADDENDUM TO BILL OF SALE' CITY or, ImNT KING COUNTY, 'VVASHINGTON The figures used on the Bill of'Safefoi' Rivei)'hite at the LAkes project dated Atiril 20. 1995 ,were t based.on the"As-Built"Engineering Plans diited Novembd 27,.19 _ 95 ,for the saine saki River Place at file Laltes I�roject; Gau R.Shayubroich,P.E. the I I j undersigned P.E. or.1mid surveyor is fhe for the.liteporat1bn of the Bill of Sale And is an employee of CorcDesi 11,Inc. _, the firm { responsible for the preparation of the"As-Built".Engineering Drawings. Signa V. Al tsT era n ,sty iz � oy I I ( j t I / RUSSE�� RQ RUSSELL RD, ') t 7QIS y� � � I , �i 687H AVE. S. 00 C N. CENTRIAL AVE. I f i I i I i i , f i i I i J Kent City Council Meeting Date January 5, 2010 Category Consent Calendar - 6K i i 1. SUBJECT: WEST VALLEY HIGHWAY SANITARY SEWER REPLACEMENT - ACCEPT AS COMPLETE t 2. SUMMARY STATEMENT: Accept the West Valley Highway Sanitary Sewer Replacement Project as complete and release retainage to Riverton Contractors, Inc., upon receipt of standard releases from the state and the release of any liens. The original contract amount was $132557.51. The final contract amount was $102,824.15. i i i 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No I 6. CITY COUNCIL ACTION: 'I i Councilmember moves, Councilmember seconds 'j DISCUSSION: ACTION: i ` i a i i Kent City Council Meeting Date January 5, 2010 Category Consent Calendar - 6L 1. SUBJECT: KENT LAND USE & PLANNING BOARD APPOINTMENT - CONFIRM 2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Navdeep Gill to the Land Use & Planning Board for a three year term expiring 12/31/12. Mr. Gill will replace Alan Gray who did not seek reappointment. i i I 3. EXHIBITS: Memo 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) i 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: i i Councilmember moves, Councilmember seconds i i i i DISCUSSION: ACTION: 'i I I i OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone:253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. KEN T Kent,WA 98032-5895 WASH I N O T O N TO: Debbie Raplee, Council President City Council Members I , FROM: Suzette Cooke, Mayor 0, DATE: December 16, 2010 RE: Appointment to Land Use and Planning Board I am requesting your approval of my appointment of Navdeep Gill to the Kent Land Use and Planning Board, Navdeep Gill has been a resident of Kent since 1994. During his residency, he has been very successful in business and currently owns three 7-11 stores (Tacoma, Renton & Seattle), two Denny's restaurants (Kirkland & Shoreline) and rents four- plexes in Tacoma, Auburn and Des Moines, Mr. Gill also has acquired two single family residences in Kent as rentals. Navdeep will replace Alan Gray on the Land Use and Planning Board who did not seek reappointment. Mr. Gill received his Bachelor's degree in Electrical Engineering in India and attended the California State University's masters program. He is a licensed Electrical Engineer in the State of Washington. Navdeep has raised his daughter and son in Kent and is eager to serve on the LU&P Board to ensure Kent's growth will serve generations to come. i Following my interview, I am pleased to recommend Navdeep Gill for appointment to the Land Use and Planning Board to a three-year term expiring 12/31/12. I submit this for your confirmation. i I i Kent City Council Meeting Date January 5, 2010 Category Consent Calendar - 6M 1. SUBJECT: KENT HUMAN SERVICES COMMISSION APPOINTMENT - CONFIRM 2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Oriana Pon to the Human Services Commission. Ms. Pon will fill the vacancy left by Tamara Sleem'an - her term will expire on January 1 2013. 3. EXHIBITS: Memo I i 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 I 6. CITY COUNCIL ACTION: j Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: i i i i OFFICE OF THE MAYOR Suzette Cooke, Mayor I Phone:253-856-5700 4 Fax: 253-856-6700 • Address: 220 Fourth Avenue S, K E N T Kent,WA 98032-5895 WASHINOTON TO: Debbie Raplee, Council President City Council Members FROM: Suzette Cooke, Mayor DATE: December 18, 2009 RE: Appointment to the Human Services Commission I am requesting approval of my appointment of Oriana Pon to the Kent Human Services Commission. Ms. Pon is 20-year resident of Kent and is currently employed as Branch Manager of the Kent HomeStreet Bank. Oriana has a definite interest in ensuring that Kent remains an attractive place to live, encourage new business, as well as continued support for existing businesses. Oriana's interest in serving on the Human Services Commission is to make sure the city is utilizing every available resource wisely and that limited resources be distributed equitably and fairly to qualified service providers. This is especially important as more and more families are impacted by the downturn of our economy. Ms. Pon will serve the Commission with an open mind and assist fellow commission members in making the best decisions possible. Ms. Pon is President Elect of the Halo Network Foundation, serves as a Board Member of the Total Living Concept and remains active with the Kent Downtown Partnership, Valley Cities and WWEE. Ms. Pon will fill a vacancy on the Commission following Tamara Sleeman's departure. Oriana's term will expire January 1, 2013. I am pleased to submit Oriana Pon for your confirmation to the Human Services Commission. i i i REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT i B. MAYOR i C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE I E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION I i i I i REPORTS FROM SPECIAL COMMITTEES I i i i I I i 1 I ENT W A S H I N O T O N OPERATIONS COMMITTEE MINUTES DECEMBER 1, 2009 Committee Members Present: Tim Clark and Les Thomas, Debbie Raplee absent. The meeting was called to order by Tim Clark at 4:15 p.m. 1. APPROVAL OF MINUTES DATED NOVEMBER 17, 2009 Thomas moved to approve the minutes of the November 17, 2009 Operations Committee meeting. Clark seconded the motion, which passed 3-0. Clark had Raplee's concurrence. 2. APPROVAL OF VOUCHERS DATED NOVEMBER 15, 2009.. Finance Director Bob Nachlinger presented the vouchers for November 15, 2009. Thomas moved to approve the vouchers dated November 15, 2009. Clark seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND THAT COUNCIL AUTHORIZE THE KENT POLICE TO BEGIN THE HIRING "PROCESS FOR A JAIL POPULATION MANAGER, A NEW FULL TIME POSITION. Police Chief Steve Strachan advised that he is asking approval to move forward with the hiring process for a Jail Population manager. 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. Strachan further noted that 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. 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. Clark raised asked for further explanation of the position and workload. Strachan explained that this is a new grant funded positi.on that would serve as a liaison between stakeholders to keep the jail population consistent and manageable. In addition, this position will be working with Probation to try to increase and enhance our reentry capabilities. The Committee raised further questions which Strachan responded to. Thomas moved to recommend that Council authorize the Kent Police to begin the hiring process for a Jail Population Manager, a new full time position. Clark seconded the motion, which passed 2-0. Clark does not have Raplee's concurrence so it will go under "Other Business". (f 7 I - Operations Committee Minutes December 1, 2009 Page: 2 4. MOVE TO RECOMMEND COUNCIL ADOPT THE PROPOSED ORDINANCE WHICH ANNEXES THE PANTHER LAKE ANNEXATION AREA TO THE CITY OF KENT, EFFECTIVE JULY 1, 2010. City Attorney Tom Brubaker advised that 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. Thomas moved to recommend Council adopt the proposed ordinance which annexes the Panther Lake Annexation Area to the City of !Cent, effective July 1, 2010. Clark seconded the motion, which passed 3-0. Raplee gave 4 concurrence. S. MONTHLY SUMMARY FINANCIAL REPORT INFORMATIONAL ONLY). Finance Director Bob Nachlinger gave a brief overview of the monthly Summary Financial Report. Nachlinger advised that we have collected our estimated $10 million in property taxes in October. Our General Fund balance is now a positive rather than a negative number. He then made reference to the General Fund Budget Analysis on page 40 of the packet. Council member Ron Harmon from the audience asked a question regarding the General Fund Revenues and Expenditures charts on pages 25 and 26 of the packet which Nachlinger responded to. Harmon I then asked a question of Chief Administrative Officer John ,Hodgson regarding the Preliminary 2010 Budget. Harmon asked that Hodgson have a response for him at the Special Council Budget meeting to be held on Wednesday, December 2, 2009, Hodgson agreed to do so. T e meeting urned t 40 p.m. al Nancy CI y I Operatio Commit�4 Secretary i PUBLIC WORKS COMMITTEE MINUTES Monday, November 16, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee was absent. Committee Members Ron Harmon and Les Thomas were present. The meeting was called to order at 4:01 p.m. Thomas received concurrence on all items from Raplee prior to the meeting. ITEM 1 — Approval of Minutes Dated November 2, 2009: Committee Member Harmon moved to approve the minutes of November 2, 2009. The motion was seconded by Thomas and passed 3-0 with Raplee's concurrence. ITEM 2 — Vehicle & Equipment Surplus: Fleet Superintendent, Ron Green summarized that the listed vehicles/equipment complies with current replacement policy guidelines and has been replaced. The equipment will be sold at auction on December 5, or to smaller cities and agencies. Harmon moved to recommend the 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. The motion was seconded by Thomas and passed 3-0 with Raplee's concurrence. ITEM 3 — CONTRACT W/UNIVAR USA, INC. — 2010 WATER TREATMENT CHEMICAL: Brad Lake, Water Superintendent stated that 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. Sodium Fluoride is used to 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. Funding will come out of the 2010 Operating Budget in the amount of $35,613.50. Harmon moved 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, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Thomas and passed 3-0 with Raplee's concurrence. ITEM 4 - CONTRACT W/JCI JONES — 2010 TREATMENT CHEMICAL: Brad Lake, Water Superintendent stated that the City annually advertises for water treatment supply chemicals. The use of these chemicals is required to obtain drinking water quality that meets State and Federal Regulations for drinking water standards. Chlorine Gas is used in the water system as a disinfectant at many of the City's well sites. Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. Funding will come out of the 2010 Operating Budget in the amount of $72,600.00. Harmon moved 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 Works Director. The motion was seconded by Thomas and passed 3-0, with Raplee's concurrence. 2 PUBLIC WORKS COMMITTEE MINUTES j Monday, November 16, 2009 ! ITEM 5 - Contract w/Gray & Osborne, Inc - 640 Zone Water Reservoir: Tim LaPorte, Public Works Director, introduced Chad Bieren, and Mark Howlett who presented a brief PowerPoint Presentation on the 640 Zone Water Reservoir. j Chad Bieren, Engineering Supervisor explained the contract is for design of a new 4-million gallon I reservoir to be located at the Kent East Hill Operations Center. j 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. 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 brief discussion ensued regarding Water District 111 and their collaboration on this project. LaPorte stated that there has been no decision at this time and that the project needs to move forward regardless. Harmon moved 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. The motion was seconded by Thomas and passed 3-0, with Raplee's concurrence. ITEM 6 - CONTRACT FOR WSDOT REVIEW OF SR 167 BRIDGE/S. 224T" STREET PROJECT: Chad Bieren, Engineering Supervisor explained that the S. 224th Street Project was approved by Council on April 1, 2008. Similar to other roadway corridor projects throughout the City, the S. 224tn Street Project will be divided into separate contracts to lower costs. 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. Staff members have met with the S. 224th Street Design Review Committee to discuss the overall project approach and alternative bridge designs. Staff will meet with the Design Review Committee again prior to sending a bridge design to WSDOT. 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. Harmon moved to recommend Council authorize the Mayor to sign a contract with the j 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. The motion was seconded by Thomas and passed 3-0, with Raplee's concurrence. 3 PUBLIC WORKS COMMITTEE MINUTES Monday, November 16, 2009 ITEM 7 Proiect Grant w/Department of Ecology - Lake Fenwick Brazilian Elodea Eradication: Tim LaPorte, Public Works Director, introduced Matt Knox, Site Manager for the Green River Natural Resource Area. Knox summarized that 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. 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 to the lake. The Washington Department of Fish and Wildlife also required construction of a control structures at the outlet of the lake to prevent the Grass Carp from migrating out to the Green River. The Grass Carp along with the outlet control structure are both funded through this grant. Harmon moved 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. The motion was seconded by Thomas and passed 3-0, with Raplee's concurrence. ITEM 8 - Contract w/AMEC Geomatrix, Inc. for Downey Farmstead Restoration Project - King Conservation District Grant Funding: Alex Murillo, Environmental Engineering Supervisor joined Mike Mactutis, Environmental Engineering Manager to present an informative PowerPoint presentation showing the Downey Farmstead Restoration project site. When the shop was being demolished an oil separator was disturbed and up to 30 yards of contaminated soil needs to be removed from the site. The cost will be fully funded by a grant from the King Conservation District. Harmon moved 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. The motion was seconded by Thomas and passed 3-0, with Raplee's concurrence. ITEM 9 - Consultant Contract w/Herrera Environmental for Downey Farmstead Restoration Project - Salmon Recovery Funding Board Grant Funding: Environmental Engineering Manager, Mike Mactutis explained that the Downey Farmstead Restoration Project involves four parcels totaling 21.81 acres. This restoration project will include creation of flood plain storage and side channel refuge salmon habitat parallel to the Green River. Harmon moved to recommend Council authorize the Mayor to sign the Contract with Herrera Environmental Consultants, Inc. 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. The motion was seconded by and passed 3-0, with Raplee's concurrence. t 4 PUBLIC WORKS COMMITTEE MINUTES j Monday, November 16, 2009 ITEM 10 - Contract w/Shannon & Wilson for Biological Assessment of Horseshoe Bend S Levee Improvements: Tim LaPorte, Public Works Director, introduced Mark Madfai, Engineering Supervisor and Mark Howlett, Design Engineering Manager. Madfai explained that a biological assessment needs to be done in order to meet requirements of the permitting agencies. The City of Kent is the lead on this project as opposed to the Army Corps of Engineers. There are three miles left to complete on the Horseshoe Bend Levee, however an additional $20 million over the next 3 - 5 years is needed to complete the job. The permitting and environmental work will be done in advance. Harmon moved to recommend Council authorize the Mayor to sign the 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. The motion was seconded by Thomas and passed 3-0, with Raplee's concurrence. ITEM 11 - Consultant Contract w/GeoEngineers - Horseshoe Bend Levee Improvements: Tim LaPorte, Public Works Director stated that this contract is required for the same reason as outline in item 10 above. We must go through the approval process in order to continue with the project. Harmon moved to recommend Council authorize the Mayor to sign the Consultant Service Contract with Geo Engineers, 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. The motion was seconded by Thomas and passed 3-0, with Raplee's concurrence. ! ADDED ITEM: Flood Relief, speakers were Ralph LoPriore, Mike Kohr and Alexis Kaster. Each of the speakers is concerned that only the East side of the levee is being protected and that the property owners on the West side of the levee are being left to fend for themselves. Tim LaPorte, Public Works Director assured each of the residents present that this was not the case. Staff will meet with each of them to discuss their issues. Adjourned: The meeting was adjourned at 5:21 p.m. Next Scheduled Meeting: Monday, December 7, 2009 at 4:00 p.m. Cheryl Viseth, Public Works Committee Secretary 1 1 i CONTINUED COMMUNICATIONS A. I I I i i i I i i I I i i i i i i i EXECUTIVE SESSION 1 ACTION AFTER EXECUTIVE SESSION i �I i - i I, I ' i i i - i i I I i i i i i i I i i