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City Council Meeting - Council - Agenda - 04/06/2010
1 CITY OF KENT 1 City Council Meeting Agenda 1 April 6, 2010 �x 44 _ Mayor Suzette Cooke Jamie Perry, Council President 1 Councilmembers Elizabeth Albertson Ron Harmon a 1 _ Dennis Higgins 1 Deborah Ranniger , 1 Debbie Raplee � OT WASHINGTON t�3, Les Thomas CITY CLERK P h T F v1 itl[M'0.,I35 I KENT CITY COUNCIL AGENDAS 1 KENT April 6, 2010 V✓ASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** ' COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Witham 10 minutes 2. 2009-2010 Budget Updates John Hodgson & Bob Nachlinger 50 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Proclamation - Records and Information Management Month D. Proclamation - Earth Day ' E. Legislative Update 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Grandfathering of Social Card Game Establishments Ordinance - Adopt D. United Way of King County Homelessness Coordination Grant - Accept E. Architectural Services Agreement for Centennial Building Tenant Improvements - Authorize (Continued) r �� COUNCIL MEETING AGENDA CONTINUED F. State Farm Youth Advisory Grant for Community Service Programs - Authorize G. Geotechnical Services Contract with GeoEngineers for Bridge - Authorize H. Riverview Park Channel Construction Project, Partnership Agreement with U S Army Corps of Engineers - Authorize I. Garbage, Recycling, Yard & Food Waste Collection Event Contract - Authorize J. Catera II Bill of Sale - Accept K. South Seattle Auto Auction Bill of Sale - Accept L. Conco Fueling Facility Bill of Sale - Accept M. Green River Levee Schedule 2A & 3A - Accept as Complete 1 7. OTHER BUSINESS A. Howard Hanson Dam Federal Funding Support - Resolution 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Potential Litigation 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com 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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E Em.c Qm Qm0—Ln COUNCIL WORKSHOP 1) INTERGOVERNMENTAL ISSUES 1 2) 2009-2010 BUDGET UPDATES CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS i C) PROCLAMATION - RECORDS AND INFORMATION MANAGEMENT MONTH D) PROCLAMATION - EARTH DAY 1 E) LEGISLATIVE UPDATE 1 WHEREAS, the management of records and information is critical to every business, organization and government agency in facing the complexities of competition, customer service and globalization; and WHEREAS, technologies for storing information are expanding the amounts of information that can be acquired, with increased longevity, and WHEREAS, the need to use information to create value and plan strategically is a driving force in today's world, and WHEREAS, control of records and information is necessary for reduction of risk and liability as well as for compliance with global standards; and WHEREAS, the citizens of Kent should recognize the important service performed by Sue Hanson, Kent's Records Administrator since 2003, and WHEREAS, under Ms. Hanson's leadership, the City of Kent's records and information system has developed into a model for other cities, and jWHEREAS, Ms. Hanson processed over 1400 requests for records in 2009 in a timely, efficient and courteous manner; NOW, THEREFORE, I, SUZETTE COOKE, Mayor of the City of Kent, do hereby proclaim April 2010, to be Records and Information Management Month r In the City of Kent, Washington, and I encourage the citizens of this city to recognize this event. In witness whereof, I have hereunto set my hand and caused the seal of Kent to 1 be affixed this 6th day of April 2010. C7 % Suz tte Cooke, Mayor •r 400 3r • KIENT W A S M I N O T O N i ' PROCLAMATION jWhereas, 2010 is the 40th Anniversary of Earth Day; and Whereas, on the first Earth Day, 20 million people celebrated our planet's life and beauty and the need for preserving and renewing the threatened ecological balances upon which all life on Earth depends; and Whereas, reducing waste and carbon emissions, conserving energy and protecting our ecosystems requires the efforts of every adult and child to help create a cleaner, safer, healthier world; and Whereas, Earth Day is celebrated worldwide every April 22; and Whereas, the City of Kent, Washington has been conducting activities to commemorate Earth Day since 1991; NOW, THEREFORE, I. Suzette Cooke, Mayor of the City of Kent, do 1 hereby Proclaim Saturday, April 17, 2010 as EARTH DAY IN KENT and encourage all residents to reduce, reuse and recycle, and to join the environmental restoration efforts at Earthworks Park. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 6-1,""day of April, 2010. 112 Suzette Cooke Mayor r KEN T WASHINGTON ' Kent City Council Meeting ' Date April 2, 2010 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: ' Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through M. Discussion ' Action ' 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of March 16, 2010. 6B. Approval of Bills. Approval of payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 16, 2010. ' Approval of checks issued for vouchers: Date Check Numbers Amount ' 2/18/10 Wire Transfers 4064-4078 $1,355,540.89 2/18/10 Regular Checks 640712-641181 2,726,285.83 Use Tax Payable 338.85 $4,082,165.57 Approval of checks issued for payroll for February 16 through February 28 and paid on January 20, 2010: Date Check Numbers Amount ' 3/5/10 Checks 316601-316823 $ 162,006.01 3/5/10 Advices 263585-264356 1,579,205.05 $1,741,211.06 1 Kent City Council Meeting KENT WASHIHGTCN March 16, 2010 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by ' Mayor Cooke. Councilmembers present: Harmon, Higgins, Perry, Ranniger, and Raplee. Councilmembers Albertson and Thomas were excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Consent Calendar Item Q, excused absences for Councilmembers Albertson and Thomas, was added to the agenda. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Patty Jackson of State Farm Insurance explained their volunteer programs and, along with representatives from Kentwood High School, presented the Mayor with a check in the amount of $42,339.02. B. Community Events. (CFN-198) Ranniger announced upcoming Spotlight Series events. Raplee provided information on the Spring Recycling Event to be held on March 20. ' C. Introduction of Yangzhou Resident/Student. (CFN-198) John Holt, Co-Chair of the Yangzhou Sister City Committee, introduced Caroline Li of the Foreign Affairs Office in Yangzhou. Ms. Li spoke about the long relationship between the cities and ' the many student exchanges which have taken place, and invited citizens to visit Yangzhou. D. 2009 Employee of the Year. (CFN-147) Employee Services Director Sue Viseth announced that Human Resource Analyst Patrice Gillum has been selected as the 2009 Employee of the Year. Gillum's supervisor Ray Luevanos commended her on her many attributes and Mayor Cooke presented her with the Employee of the Year plaque. ' E. Legislative Update. (CFN-198) Michelle Witham updated the Council on the legislative issues which have been passed and those which are still in play. ' F. Public Safety Report. (CFN-122) Police Chief Strachan updated statistics for February and March and invited interested persons to attend the upcoming Police Community Academy. G. Police Department Oath of Office. (CFN-122) Police Chief Strachan introduced four new officers and Mayor Cooke administered the Oath of Office to them. ' H. Longevity Award. (CFN-198) CAO Hodgson announced that City Clerk Brenda Jacober has been with the City for 35 years as of March 17. Mayor Cooke presented her with a commemorative plaque. ' 1 Kent City Council Minutes March 16, 2010 CONSENT CALENDAR ' Perry moved to approve Consent Calendar Items A through Q. Raplee seconded and ' the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of , March 2, 2010, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through January 31 ' and paid on January 15 after auditing by the Operations Committee on February 2, 2010, were approved. Checks issued for vouchers: Date Check Numbers Amount , 1/15/10 Wire Transfers 4033-4044 $1,772,503.25 1/15/10 Regular Checks 639941-640347 3,670,843.56 Void Checks ($175.00) Use Tax Payable 846.92 ' $5,444,018.73 Checks issued for interim payroll were approved: ' Date Check Numbers Amount 1/5/10 Void Advice # 261059 ($84.25) t 1/6/10 Check # 315907 84.25 1/12/10 Void Check # 315206 ($710.25) 1/12/10 Check # 315908 710.25 $ 0.00 Checks issued for payroll for January 1 through January 15 and paid on January 20, ' 2010, were approved: Date Check Numbers Amount 1/20/10 Checks 315909-316144 $ 180,127.91 1/20/10 Advices 261283-262048 1,910,983.88 $2,091,111.79 C. Premera Blue Cross Administrative Services Contract. (CFN-149) The Mayor was authorized to sign the Premera Blue Cross 2010 administrative contract. , D. Lifewise Assurance Contract. (CFN-149) The transfer of the City's stop loss insurance coverage to LifeWise Insurance Company was authorized, the Mayor was authorized to sign all documents necessary to implement the transfer, and all acts consistent with the authority of this motion were ratified. E. Group Health Cooperative Contract. (CFN-149) The Mayor was authorized to sign the Group Health Cooperative of Puget Sound Group Medical Coverage Agreement. t 2 ' Kent City Council Minutes March 16, 2010 ' F. Washington Dental Service Administrative Services Contract. (CFN-149) ' The Mayor was authorized to sign the Washington Dental Services 2010-2011 Administrative Services Agreement. ' G. Print Shop Copiers One-Year Lease. (CFN-818) The Mayor was authorized to sign a one-year lease agreement with Xerox Corporation for one black and white and one color high-speed copier/printer, at a total annual lease cost of $55,561.82. ' H. Washington Traffic Safety Commission Grant. (CFN-122) The Kent Police Chief was authorized to accept a grant in the amount of $5,500 from the Washington Traffic Safety Commission, sign all necessary documents, amend the budget and expend the funds. ' I. Edward Byrne Memorial Grant Award. (CFN-122) The Edward Byrne Memorial Competitive Grant in the amount of $82,869 was accepted, and the Mayor was authorized to sign an interagency agreement with the Seattle Police Department as Fiscal Agent, amend the budget, and expend the funds. J. Washington Auto Theft Prevention Authority Grant Award. (CFN-122) The Kent Police Department, as Fiscal Agent of the P.A.T.R.O.L. Task Force, was authorized to accept a grant in the amount of $800,000 from the Washington Auto Theft Prevention Authority, amend the budget, and expend the funds in accordance with the task force procedures, and the Mayor or her designee was authorized to sign all documents related to the grant. K. Purchase of Sperian Personal Protective Eauipment. (CFN-122) The Mayor was authorized to sign the Goods and Services Agreement with Santiam Emergency Equipment, Inc. for the purchase of Sperian personal protective equipment in an ' amount not to exceed $150,000, subject to final terms and conditions acceptable to the City Attorney. L. Demonstration Cottage Housing Amendment Ordinance. (CFN-131) Ordinance No. 3948, which amends Ordinance No. 3895, the City's Cottage Housing Demonstration Ordinance, to allow flexibility in the maximum allowable number of cottage housing units was adopted. M. Van Ness Contract for Federal Lobbyist Services. (CFN-1216) The Mayor was authorized to sign a one-year agreement with Van Ness Feldman, in the amount ' of $90,000, for federal lobbyist services, and all acts consistent with the terms of the agreement were ratified. N. Kent Downtown Partnership Annual Contract. (CFN-462) The Mayor was authorized to sign an agreement with the Kent Downtown Partnership, in the amount of $33,600, for economic development services. ' O. 2008 Downtown Sidewalks Schedule A. (CFN-1238) The 2008 Downtown Sidewalks/Schedule A Project was accepted as complete and release of retainage to ' Construct Company LLC, upon receipt of standard releases from the State and release 3 Kent City Council Minutes March 16, 2010 , of any liens was authorized. The original contract amount was $794,622.93. The , final contract amount was $754,862.12. , P. Little Property Acquisition. (CFN-239) The Mayor was authorized to sign all documents necessary to purchase the Little property for $420,000, execute closing documents subject to terms and conditions approved by the City Attorney, and all acts consistent with this action were ratified. ADDED ITEM , Q. Council Absences. (CFN-198) Excused absences from tonight's meeting for Councilmembers Albertson and Thomas were approved. BIDS A. Turnkey Park Improvements. (CFN-118) Parks Director Watling outlined the ' project and funding, and noted that seven bids were received He said the low bid was submitted by Clement Bros, Inc., in the amount of $179, 471, excluding Washington State Sales Tax, and recommended that the bid be awarded to them. ' RANNIGER MOVED to authorize the Mayor to enter into an agreement with Clement Bros., Inc. in the amount of $179,471, plus Washington State Sales Tax, to complete the Turnkey Park Improvements project. Perry seconded and the motion carried. ' REPORTS A. Council President. (CFN-198) Perry outlined upcoming events at ShoWare Center and asked for suggestions from Councilmembers for improvements to the , Council's webpage. B. Mayor. (CFN-198) Mayor Cooke noted that she met with King County Executive Dow Constantine today on cooperative projects and shared facilities, as well as levees. She requested input from residents and businesses on transportation issues, as she serves on the King County Regional Transit Task Force. , C. Operations Committee. (CFN-198) Perry noted that decisions must be made soon on animal control, and that the grandfathering of social card game establish- ' ments in the Panther Lake annexation area will be on the next Council agenda. She also noted that final budget figures for 2009 will be available in early April and may be discussed at a workshop rather than at a committee meeting. ' D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be held at 5:00 o'clock on Thursday, March 18, and that two of the ' things they will be discussing are program planning in the annexation area and homelessness. E. Economic & Community Development Committee. (CFN-198) Perry noted that the second public hearing on annexation zoning in the Panther Lake area will be held at the April meeting. , F. Public Safety Committee. (CFN-198) No report was given. 4 ' ' Kent City Council Minutes March 16, 2010 ' G. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held at 4:00 o'clock on April 5. H. Administration. (CFN-198) Hodgson noted that the solid waste utility contract will be discussed in an Executive Session expected to last 30 minutes, and that action may be taken when the meeting reconvenes. Raplee explained that she may have a potential conflict of interest and therefore recused herself from any further discussion, deliberation and votes on the issue. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:05 p.m. At 8:40 p.m., Mayor Cooke announced that the Council would be in Executive Session for another 20 minutes. At 9:00 p.m., Mayor Cooke announced that the Council would remain in Executive Session for another 20 minutes. At 9:20 p.m., Mayor Cooke announced that the Council would be in Executive Session for another 15 minutes. At 9:30 p.m., Mayor Cooke announced that the meeting will reconvene in 5 minutes. The meeting reconvened at 9:35 p.m. A. Solid Waste Utility Contract Negotiations. (CFN-156) Perry moved to authorize the Mayor to direct appropriate staff to commence final contract negotiations with Allied Waste as the provider for the City of Kent Solid Waste Utility for the next contract term, subject to terms and conditions similar to those in the contract provided in the Request for Proposal, consistent with the oral and written promises and representations made by the selected contractor during the RFP process, and consistent with Alternative 3a, with additional recommended alternatives and service features as recommended by staff. Harmon seconded. Mayor Cooke ' pointed out that the specifics of the contract will be negotiated and the final contract voted on at a later time. The motion then carried with Raplee abstaining. ' ADJOURNMENT The meeting adjourned at 9:43 p.m. (CFN-198) Brenda Jacober, CMC City Clerk ' 5 Kent City Council Meeting Date April 6, 2010 Category Consent Calendar - 6C 1. SUBJECT: GRANDFATHERING OF SOCIAL CARD GAME ESTABLISHMENTS ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. , which amends ' Chapter 3.21 of the Kent City Code to allow the "grandfathering" or continuation of state licensed house-banked social card game establishments to continue operating in newly annexed areas, and making other related changes to gambling tax rates and reporting requirements. The Great American Casino, which is located in the Panther Lake Annexation area, 1 is a gambling establishment licensed by the state Gambling Commission to operate house-banked social card games, punchboards, and pull-tabs. However, city code prohibits social card games within city limits. Absent a change in the code, house-banked social card games at the Great American Casino must cease upon annexation. ' Recent legislation allows licensed house-banked social card game businesses to continue operating without jeopardizing the city-wide prohibition of social card games. This ordinance would amend the city code to implement this legislative ' option. Additionally, the ordinance makes housekeeping amendments including: adjusting the rate of tax applicable to social card games, establishing a new threshold annual amount for taxation of not for profit raffles, revising the due date of tax reporting forms and payments, and clarifying tax enforcement provisions made available to the City by state law. 3. EXHIBITS: Memo to Operations 3/16/10; Information Sheet from Great American Casino-Kent; and Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 5 OFFICE OF THE MAYOR KENT Suzette Cooke, Mayor e w>> � 2204th Avenue South 1 Kent, WA 98032 Fax. 253-856-6700 Phone. 253-856-5700 ' March 16, 2010 TO: Les Thomas, Operations Committee Chair City Council Operations Committee FROM: John Hodgson, Chief Administrative Officer Subject: Gambling Ordinance — Amendment to KCC 3.21 allowing house-banked social card games in the Panther Lake annexation area MOTION: Move to recommend adoption of an ordinance amending Chapter 3.21 of the Kent City Code to allow the "grandfathering" or continuation of house-banked social card games establishments licensed by the State in the newly annexed areas, and making other related changes to gambling tax rates and reporting requirements. Summary ' The Panther Lake annexation becomes effective on July 1, 2010. Beginning on this date, all City of Kent regulations will apply to the newly annexed area. Located in the annexation area at 20500 108th Ave SE is the Great American Casino, a gambling establishment, which is licensed by the Washington State Gambling Commission for house-banked social card games, punchboards and pull-tabs. According to the Kent City Code, Section 3.21.010(D), social card games such as those featured at Great American Casino are prohibited in the City of Kent. Therefore, absent a change in Kent City Code, card games at Great American Casino will cease to be legal and that aspect of their business will be forced to close on the date of annexation. Recent Change in State Law During the 2009 Washington State legislative session, an amendment was made to state law (RCW 9.46.295) which relate specifically to the above-described predicament involving the Great American Casino. This amendments allows cities that otherwise prohibit house-banked social card games (such as Kent) to permit such gambling activities if they are licensed and presently exist in an area which is annexed by the city. A city may act to "grandfather" affected gambling establishments. If a city does not allow affected establishments to continue, it need not allow any new establishments in the city or the annexation area. This change in state law was made to help facilitate annexation in urban areas where house-banked social card game establishments exist. This situation is not unique to , Kent as there are other cities in the Puget Sound area - most notably Kirkland - where legally established house-banked social card game establishments exist in areas proposed for annexation. ' Existing_Gambling Regulations in Kent Gambling activities in Kent are regulated and taxed by Chapter 3.21 of the Kent City , Code. Authorized gambling activities in Kent include bingo, raffles, amusement games, punch boards and pull-tabs. Social card games which are conducted as a ' "commercial stimulant" are prohibited while social card games operated by a charitable or non-profit organization are allowed if licensed as such by the State Gambling Commission. Chapter 3.21 also specifies the City's tax rates for each of the permitted gambling activities, ranging from 2% of gross receipts on amusement games less amounts awarded as cash or prizes to 10% of gross receipts on punch boards and pull- tabs less amounts awarded as cash or prizes. ' Social card games which are licensed by the state and conducted at the Great American Casino are "house-banked social card games" which, by state law, must be conducted as a commercial stimulants. Therefore, this type of gambling activity is not permitted by Kent City Code. The Great American Casino is also licensed to conduct punch boards and pull tabs, both of which are permitted by Kent City Code. ' There is a second business in the Panther Lake annexation area which also is licensed by the State Gambling Commission to conduct social card games. This establishment , is the Sidetrack Eatery & Pub at 10700 SE 208th Street. The social card games at Sidetrack are not "house-banked" and, therefore, the establishment maintains a different type of gambling license by the state. Also, and importantly, the state law that allows house-banked card game establishments to be "grandfathered" into an , annexing city that prohibits such gambling activities does not extend to non-house- banked social card games. Therefore, the City of Kent may not allow the social card games at Sidetrack without changing its regulations and opening up the remainder of the city to such gambling activities. Analysis of Issues , The Great American Casino has been in its current location in the Panther Lake Shopping Center for seven (7) years. The business is multi-faceted, consisting of a restaurant, bar/lounge, in addition to offering social card games. According to a GAC factsheet, current employment is approximately 120 persons. The same factsheet indicates GAC paid $470,000 in gambling taxes to King County in 2009, along with ' $25,785 in property taxes. GAC is a wholly owned subsidiary of Great American Gaming Corporation (GAGC), which also has its corporate offices in Kent at 5872 S. 194th Street. According to GAC management personnel, approximately 80,000 patrons visit the casino on an annual basis. This roughly equates to about 6,500 patrons monthly, slightly more than 200 per day. GAC is located in a shopping mall environment where adequate parking exists on-site and where overflow parking, were it to occur, may utilize unoccupied stalls in the strip center. Also, the commercial nature of the use is , consistent with that of the Panther Lake Shopping Center, and there are no known service issues associated with the business. S\PUBL[C\CLERK\City Council Committee Packet$\Operations\2010 Agenda Packets\031610\Gambling Memo-Operations Committee 030810v2 doc In terms of public safety, the Kent Police Department was consulted in the preparation of this report. The Department does not have any major concerns with respect to anticipated call load nor is it concerned about crime as it relates to the casino. The Department observed that it appears to be "a well managed facility." Staff Recommendation jBased on the staff's analysis of relevant factors, our conclusion is that the state- licensed social card games presently conducted at the Great American Casino do not adversely affect municipal services nor public safety. The closure of this business would result in the loss of a substantial number of jobs and tax revenue with no reciprocal advancement of public purpose. Staff's recommendation is to allow the "grandfathering" of the GAC, a process which is allowed by RCW 9.46.295. The attached ordinance would accomplish this by amending KCC 3.21 to allow existing, state-licensed house-banked social card game establishments in the annexation area to continue to operate. The proposed ordinance also sets the tax rate for all social card games at eleven percent (11%) of the gross revenue from such games. The attached ordinance also proposes several "housekeeping" changes including the following: • An amendment to KCC 3.21.010(C) which brings the threshold amount above ' which taxes are collected for not-for-profit raffles to $10,000 which is consistent with state law. • An amendment to KCC 3.21.040 which changes the reporting schedule from quarterly to monthly for taxes due in excess of $50,000. • Another amendment to 3.21.040 which requires the filing of a return and tax payment ten days after a gambling establishment goes out of business. • Another amendment to 3.21.040 which gives the Finance Director discretion to ' require returns and payments at different intervals when the collection of taxes is in jeopardy. • An amendment to KCC 3.21.043 which sets a 1% service charge in addition to penalties for late payment. • An amendment to KCC 3.21.055 which aligns collections with other parts of city code and state law by providing for liens and use of collection agencies. 1 S \PUBLIC\CLERK\City Council Committee Packets\Operations\2010 Agenda Packets\031610\Gambling Memo-Operations Committee 030810v2 doc i A 7W gyp. I� r - _-� GREAT AMERICAN CASINO -KENT Great American Casino Kent ("GAC Kent") is a wholly owned subsidiary of Great American Gaming Corporation ("GAGC"), a Washington company established in 1999 to operate House Banked Card Rooms in the State GAC Kent opened on November 13, 2003 at 20500 108`h Avenue SE, in a free standing budding in the Panther Lake Shopping Center This area is currently in unincorporated King County but will become part of the city of Kenton July 1, 2010 The corporate offices of GAGC are also located in Kent at 5872 S 1941h Street Employment: • GAC Kent employs approximately 120 people • GAGC employs 15 people • Benefits - health, dental, vision, life insurance, 401 k and vacation pay • The total earnings by employees of GAC Kent in 2009, was $3 8 million ' Taxes: • $470,510 in gambling taxes paid to King County 2009 • $25,785 in local property taxes • B&O tax $70,935 • WA State sales/use tax $22,937 ' • County or City sales/use tax $18,452 • Payroll taxes $298,515 • State Unemployment$38,959 and L&I $33,289 ' Investment: Great American has made a significant investment in GAC Kent We are extremely proud of our establishment and have invested in excess of$2 7 million in the operation We are considering a new building in the same area we are currently located This new building would require an 1 investment of up to$4 million and would solidify our long term plans as a member of this community We have partnered with the Seattle Thunderbirds and their new home in Kent We have committed nearly$1 million to this partnership as we feel they are also a great addition to the community In addition, we have supported many local causes and are a member of the Kent Chamber of Commerce We look forward to a long and beneficial working relationship with the City of Kent and its community members Our Future: There are many issues that impact companies in the entertainment industry Competition is one of the most significant elements that effects how well our business performs Along with other house banked card rooms and area restaurants, we face an un-level playing field when competing to attract gaming patrons Tribal casinos operate under a different set of rules from house banked card rooms They are permitted to operate electronic gaming devises (slot machines), have higher bet limits, can offer additional table game types such as roulette, craps, baccarat, etc and they pay limited taxes Our largest concern with investing large sums of money into our Kent location is our future Our location is in unincorporated King County but resides in the Panther Lake Annexation area With the current ordinances in Kent we would be forced to close our doors immediately when this annexation occurs With the passing of HB5321 in May 2009,we are asking that the City Council adopt an ordinance allowing our business to continue when the annexation into the City of Kent become a reality This would give us the green ' light to invest in our future and become a long term partner in the Panther Lake community as well as the City of Kent 8 1 1 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 3.21.010 of the Kent City Code to affirm the City's general prohibition of social card games as commercial stimulants within the City of Kent, but to allow one house-banked social card game ' business currently operating in the Panther Lake Annexation Area to remain in business after annexation, pursuant to RCW 9.46.295; to adjust ! the rate of taxation applicable to that house- banked social card game business; to establish a new threshold annual amount for taxation of not for profit raffles; to revise the due date of tax reporting forms and payments; and to clarify tax enforcement provisions made available to the City by state law. ! RECITALS A. Social card rooms as commercial stimulants are prohibited outright in the City of Kent. There is, however, one lawfully operating house-banked social card room business in the Panther Lake Annexation Area that provides an important source of jobs to the area, as well as tax revenue, and that does not otherwise pose a significant threat to the public health, safety, and welfare of the City of Kent. 1 ' Annexation & Continued Operation of Social Card Game Business-KCC 3.21.010 B. During its 2009 session, the Legislature amended RCW ' 9.46.295 so that the City can allow pre-existing house-banked social card ' game businesses as commercial stimulants to remain in annexed areas, while continuing to prohibit them elsewhere in the City. , C. The City is authorized to impose a tax under RCW 82.14.415, and can demonstrate that the continuation of the affected house-banked , social card room business will reduce the credit against state sales and use taxes as provided in RCW 82.14.415(7). Therefore, this ordinance satisfies ' the grandfathering prerequisites of RCW 9.46.295. However, section 3.21,010 of the Kent City Code must be amended in order to allow this ' house-banked social card room business to remain in operation after annexation. D. This ordinance also establishes the rate of taxation applicable ' to house-banked social card game businesses authorized within the City of Kent, and establishes a new annual threshold amount of receipts for taxation of not for profit raffles consistent with RCW 9.46.110. E. Lastly, this ordinance revises the due date of tax reporting forms and payments, and clarifies tax enforcement provisions made available to the City by state law. These final amendments apply to all gambling establishments within the City of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment — KCC 3.21.010. Section 3.21.010 of the Kent City Code, entitled "Gambling activities and tax," is amended as , follows: 2 Annexation & Continued Operation , of Social Card Game Business—KCC 3.21.010 Sec. 3.21.010. Gambling activities and tax. A. Tax imposed. In accordance with RCW 9.46.110, the following taxes are theFe-aslevied a-tax upon all persons, associations, and organizations twho have been duly licensed by the Washington State Gambling Commission to conduct or operate eeFta!R gambling activities-as-fellers: L 1 , 2980, taxat+en Foref bingo games and raffles, at-a tax rate of five (5) ipercent of the gross receipts received therefrom less the amount awarded as cash or merchandise prizes; j2. Taxatien &#For amusement games, at-a tax rate of two (2) percent of the gross receipts from any such amusement games less the amount awarded as prizes, which is an amount less than the actual amount of costs of enforcement by the City of the provisions of Chapter 9.46 RCW; 3. Taxatien e For punch boards and pull-tabs for bona fide charitable or nonprofit organizations and for commercial stimulant operators, at-a tax rate of ten (10) percent based on the gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes; 4. Taxatren e€For social card games not prohibited by subsection (D) of this section,-at a tax rate of teeeleven (44911) percent of the gross revenue from such games. ' B. Definitions. For the purposes of this chapter, the words and terms used herein shall have the same meaning given to each pursuant to Chapter 9.46 RCW, as same exist or may from time to time be amended; and as set forth under the rules of the Washington State Gambling ' Commission, Chapter 230 Washington Administrative CodeAG, as the same 3 Annexation & Continued Operation of Social Card Game Business-KCC 3.21.010 exists or may hereafter be amended, unless otherwise specifically provided herein. C. Exemption from tax. No tax shall be imposed under the authority of this chapter on bingo,—,affles, or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in Chapter 9.46 RCW, which organization has no paid operating or management personnel and has gross receipts from bingo, Faffles or amusement games, or any combination thereof, not exceeding five thousand dollars ($5,000) per year less the amount awarded as cash or merchandise prizes. For raffles conducted by bona fide charitable or nonprofit organizations, no tax shall be imposed under this chapter on the first ten thousand dollars ($10,000) per year of gross receipts, less the amount awarded as cash or merchandise for prizes. D. Social card games - Prohibited - Exceptions. Pursuant to RCW 9.46.295 and to the City's police power and legislative authority, the , operation or conduct of social card games by any person, association, or organization as a commercial stimulant, as defined in Chapter 9.46 RCW, is prohibited within the City of Kent; provided, that house-banked social card gamethese establishments licensed by the Washington State ' Gambling Commission, lawfully operating in the (ity of Keehn an area as described in RCW 9.46.295 and annexed by the City of Kent, and which are in compliance with the provisions of this chapter as of F- bFuaFy 1999, may continue to operate house-banked social card games as a commercial stimulant under said license and renewals thereto at the original licensed location or at another location within the same annexation area; provided, however, that a relocated establishment must otherwise comply with applicable land use and Gambling Commission regulations. Linte11 l MaFe T-1, 2904, after ...I. ieh .date eh establishment may lawf„II., It isai=id further provided; that bona fide 4 Annexation & Continued Operation ' of Social Card Game Business-KCC 3.21.010 i charitable or nonprofit organizations, as defined in Chapter 9.46 RCW, may operate or conduct social card games if said social card games have been duly licensed by the Washington State Gambling Commission and if they 1 are otherwise operated or conducted in compliance with the provisions of this chapter. A violation of this section shall not be subject to KCC ' 1.01.140. SECTION 2. - Amendment - KCC 3.21.040. Section 3.21.040 of the Kent City Code, entitled "Tax due," is amended as follows: Sec. 3.21.040. Tax due. A. Quarterly Tax Reporting and Payment. Except as provided in KCC I3.21.040(B) for taxes due in excess of $50,000 annually,_Tthe tax imposed by this chapter shall be due and payable in quarterly installments and remittance therefor, together with the return forms, shall be made on or before the final day of the month immediately after sueeeeding the ' quarterly period in which the tax accrued. Such payments shall be due on January 31, April 30, July 31, and October 31 of each respective year. 1. Whenever any person, association, or organization taxed under this chapter quits business, sells out, or otherwise disposes of its business, or terminates the business, any tax due shall become due and payable immediately, and such taxpayer shall, within ten (10) days after jthe last date the establishment is open for business};eFeafter, filengaking a return and pay the tax due. 2. Whenever it appears to the finance director that the collection of taxes from any person, association, or organization may be in Jeopardy, the finance director, after not less than ten (10) days' notice to the taxpayer, is authorized to require that the taxpayer remit taxes due and returns at such shorter intervals than otherwise provided, as the finance director deems appropriate under the circumstances. 5 Annexation & Continued Operation of Social Card Game Business-KCC 3.21.010 B. Monthly Tax ReAortIncl and Payment. The tax imposed by this chapter shall be due and payable in monthly installments when the gambling taxes due in the previous calendar year were in excess of fifty thousand dollars ($50 000). In that event, the tax remittance, together with the return forms shall be made on or before the final day of the month immediately after the month in which the tax accrued. ' 1. Whenever any person, association, or organization taxed under this chapter gusts business sells out or otherwise disposes of its business or terminates the business, any tax due shall become due and payable immediately, and such taxpayer shall, within ten (10) days after the last date the establishment is open for business, file a return and pay the tax due. 2 Whenever it appears to the finance director that the collection of taxes from any person association or organization may be in leopardv, the finance director, after not less than ten (10) days' notice to the taxpayer, is authorized to require that the taxpayer remit taxes due and ' returns at such shorter intervals than otherwise provided, as the finance director deems appropriate under the circumstances. SECTION 3. - Amendment - KCC 3.21.043. Section 3.21.043 of the Kent City Code, entitled "Failure to make timely payment of tax or fee," is amended as follows: Sec. 3.21.043. Failure to make timely payment of tax or fee. A. Penalty. For each payment due, if such payment is not made by the due date thereof, there shall be added a penalty as follows: 1. If not paid on or before the first day of the second month next , succeeding the quarterly period in which the tax accrued, ten (10) percent of the total tax due with a minimum penalty of five dollars ($5). , 6 Annexation & Continued Operation of Social Card Game Business-KCC 3.21.010 ' 1 2. If not paid on or before the first day of the third month next ' succeeding the quarterly period in which the tax accrued, fifteen (15) percent of the total tax due with a minimum penalty of ten dollars ($10). ' 3. If not paid on or before the first day of the fourth month next succeeding the quarterly period in which the tax accrued, twenty (20) percent of the total tax due with a minimum penalty of twenty dollars ($20). 4. Failure to make full payment of all taxes and penalties due by the final day of the third month next succeeding the quarterly period in which the tax accrued shall be deemed to be both a criminal and civil violation of this chapter. B. Service charge. In addition to the penalties imposed under KCC 3.21.043(A), a service charge of one (1) percent of the amount of the unpaid balance or two dollars ($2.00), whichever amount is greater, will be imposed one (1) month from the date payment was due, and at the end of each succeeding monthly period, until all past due amounts are paid in full. SECTION 4. - Amendment - KCC 3.21.055. Section 3.21.055 of the Kent City Code, entitled "Taxes, penalties, and fees constitute debt to municipality," is amended as follows: ' Sec. 3.21.OSS. Taxes, penalties, service charges, and fees constitute debt to municipality. Any tax due and unpaid under this I chapter and all penalties, service charges, or fees shall constitute a debt to the city. The city may, pursuant to Ch. 19.16 RCW, use a collection agency to ect outstanding which emedies or it may seek be-collectioned by court proceedings, ,ffie nt wh•eh shall be in addition to all other existing remedies. Further, as provided for in RCW 9.46.110(4), as now enacted or hereafter amended taxes and associated penalties and charges imposed under this 7 Annexation & Continued Operation of Social Card Game Business-KCC 3.21.010 chapter shall become a lien upon personal and real property used in the , gambling activity in the same manner as provided for under RCW ' 84 60 010 for property taxes. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes. SECTION S. - Severabilitv. If any one or more section, ' subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining i portion of this ordinance and the same shall remain in full force and effect. SECTION 6. - Corrections by City Clerk or Code Reviser. Upon ' approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. , SECTION 7. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. i SUZETTE COOKE, MAYOR ' ATTEST: BRENDA JACOBER, CITY CLERK t 8 ' Annexation & Continued Operation of Social Card Game Business-KCC 3.21.010 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of March, 2010. APPROVED: day of March, 2010. PUBLISHED: day of March, 2010. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. 1 (SEAL) BRENDA JACOBER, CITY CLERK P\Gvd\Ordinance\GambhngTax&SoualCardGameslnAnnexedArea docx 9 Annexation & Continued Operation of Social Card Game Business-KCC 3.21.010 Kent City Council Meeting Date April 6, 2010 Category Consent Calendar - 6D 1. SUBJECT: UNITED WAY OF KING COUNTY HOMELESSNESS COORDINATION GRANT -ACCEPT 2. SUMMARY STATEMENT: Authorize the Mayor to sign the United Way Grant Contract in the amount of $15,000 to fund coordination efforts in ending homelessness in South King County, amend the budget, and authorize the expenditure of funds in the Housing and Human Services budget. This grant reimburses coverage of Housing and Human Services Planner Jason Johnson's work planning and coordinating efforts that address homelessness in South King County from July through December 2009. The grant contract is coming to the City for authorization after completion of the work in 2009 because of the delay in receiving the contract from United Way. The work outlined in the grant contract was completed and all required reporting was submitted. 3. EXHIBITS: United Way Grant Contract 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes _ No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION; ACTION: United Way of King County Grantee Agency Funding Contract United Way of King County For Fiscal Year July 1, 2009 — December 31, 2009 CONTRACT BETWEEN THE CITY OF KENT AND UNITED WAY OF KING COUNTY This Contract is made between United Way of King County and The City of Kent(referred to as "the Agency'). SECTION I—GENERAL PROVISIONS OF THE CONTRACT Amount of Funding: A total of$15,000 will be awarded to the Agency by United Way of King County for July 2009 through December 31, 2009 toward the achievement of results listed below This award is contingent upon the 2009- 2010 United Way of King County annual fundiaising campaign and could be reduced, or the terms of this agreement otherwise amended as set forth below, depending upon agency performance,United Way of King County's financial condition, or other factors Among other things,in light of the currem economic down- turn that is impacting our most vulnerable communities,United Way of King County reserves the right to revisit this award and make adjustments as deemed necessary to enable United Way of King County to respond to people's most basic needs Any changes to this award based on our assessment of economic conditions or other factors will be made at the annual renewal date of upon at least 90 days notice Subject to the tetms and conditions as set forth in this contract, United Way of King County will provide funds in accordance with the schedule provided under Exhibit B Results to be Achieved: South Kinig County Homelessness Coordinator: • Identify and coordinate "teams"with a focus on homelessness outreach and service delivery This would include FACT,PACT,PATH,IV Drug user outreach,medical outreach and possibly others County staff would participate as well. Identify gaps and identify solutions with current outreach and 1 service delivery providers • Assist with the development of relationships with non profit housing providers and service providers as needed • Identify and promote legislative opportunities to local governments. • Coordinate workgioups to address gaps in shelter and transitional housing, day use facility and hygiene center(s) • Establish a workgroup to develop steps to maintain current housing stock, to expand housing iesources to prevent homelessness and create additional supportive housing • Increase local involvement in developing community solutions to prevent homelessness. Contract Terms: The Agency agrees to comply with all federal and state laws pertaining to charitable organizations,agrees not to engage in discrimination based on age,gender,race, sexual orientation,national origin,religion or presence Page 2 of a disability in delivery of services,and agrees to comply with all United Way of King County contract ' terms, conditions and requirements The Agency agrees to comply with any modified and/or additional requirements As applicable,changes in requirements adopted by United Way of King County during the contract year will be communicated to the Agency in writing at least sixty days prior to implementation Termination of the Contract: Either party may terminate the contract for cause upon reasonable written notice. Without limiting the generality of the preceding sentence: United Way of King County may withhold payments and/or terminate all of its contractual obligations hereunder immediately if,in the opinion of United Way of King County and in consultation with other funders, the Agency mismanages or makes improper use of any funds provided hereunder, or fails to comply with any of the terms and conditions of this contract United Way of King County will require repayment of any funds determined to be mismanaged by the Agency. In addition,United Way of King County,at its sole discretion,may adjust amounts awarded under this contract or otherwise amend the contract,upon at least ninety(90) days written notice, for changes in economic and other conditions affecting our community,including but not knuted to: ■ Determination that significant changes in public sector funding warrant changes in United Way of King County's Funding ■ Determination that United Way of King County revenues are insufficient to meet current or emerging priorities SECTION II—ANTI-TERRORISM COMPLIANCE MEASURES In compliance with the spirit and intent of the USA Patriot Act and other counterterrorism laws, the Agency represents that it takes reasonable steps to. 1 Verify that individuals or entities to which it provides,or from which it receives, funds or other material support or resources are not on the U. S. Government Terrorist Related Lists*, 2. Protect against fraud with respect to the provision of financial,technical,in-land or other material support or resources to persons or orgamzattons on such lists;and ' 3. Ensure that it does not knowingly piovide financial, technical,in-kind or other material support or resources to any individual or entity that it knows beforehand is supporting or funding terrorism (whether through direct allocatton by the United Way of King County Board of Directors or through the dtstributron of donor designated funds which it processes for donors participating in a United Way of King County campaign). *In this form, "U. S. Government Terrorist Related Lists"refers to (a) the list of persons and entities in Executive Order 13244, (b) the master list of Specially Designated Nationals and Blocked Persons maintained by the Trcastuy Department,and (c) the list of Foreign Terrorist Organtzations maintained by , the Department of State, as may be updated from tune-to-time R Page 3 SECTION III-FUNDING The Agency is funded for the amount(s)indicated for achievement in the outcomes) listed below Iml2act Assignment: Out of The Rain Outcome Outcome Description Amount of Funding Non Service Delivery South King County Coordinatot Position $15,000 Total Agency Award: $15,000 1 ! 1 ! 1 1 ! 1 1 I Page 4 SECTION IV—AGENCY EXPECTATIONS The Agency will comply with the following expectations- South King County Homelessness Coordinator The Agency will supervise the evaluation of this project • The Agency will be available for occasional presentations,upon request, to be given to the United Way of Ding County board of directors, staff and others Reporting Requirements , The Agency will submit a one to two page report outlining achievements related to the results identified in Section 1 a Page 5 • SECTION V—SIGNATURES Your signature on this document indicates that you are to agreement with all stipulations made herein, UNITED WAY OF KING COUNTY FULL AGENCY NAME Jo me Authorized Signature President and Chief Executive Officer Authorized Signature Name (Printed) DATE CONTRACT MAILED Date Molly Nordsgom Board Chair i 1 ! i l 1 I United Y Way �ry EXHIBIT A United Way of King County PAYMENT SCHEDULE THE CITY OF KENT ' Payment for Date Payable Amount July 2009—December 2009 Payment will be distributed within 3 weekb of the $15,000 receipt of signed contract Please initial to indicate your agreement with requirements of Exhibit A. 1 1 ! 1 i Kent City Council Meeting Date April 6, 2010 Category Consent Calendar - 6E 1. SUBJECT: ARCHITECTURAL SERVICES AGREEMENT FOR CENTENNIAL BUILDING TENANT IMPROVEMENTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with Broderick Architects for $29,800 to perform architectural services for the Centennial Building Tenant Improvement Projects. In 2009, the Facilities Division began planning for office space needs related to potential annexation of the Panther Lake area. Also, the new Economic and Community Development Department was created by merging work groups from two departments. With the annexation approved and taking effect on July 1, some renovation work is needed in the Centennial Center to better accommodate the organization. This renovation will allow us to locate work groups into contiguous spaces on the 3rd and 41h floors of the Centennial Building. The three-phased process began by moving the Fire Inspectors to the 4th floor in space vacated by downsizing Employee Services. Design work is needed for this next phase of work on the 3rd floor. During this phase, the Police Detectives will move to temporary space while the renovation is completed in their space where the Building Services Division will be moved. Then, the remaining space will be renovated for the Police Detective Division and moving the Detectives back in. 3. EXHIBITS: AIA Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds iDISCUSSION: 1 ACTION: *AIA Document B102T" - 2007 Standard Form ofAgreement Between Owner andArchftect without a Predefined scope of Architect's Services AGREEMENT made as of the day of in the year2010 (In words, Indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added Information needed for Its (Nance,legal staltis, address and other lilfornratlon) completion.The author may also have revised the text of the original ICity of Kent Facilities AIA standard form An Additions and 220 4rh Avenue South Deletions Report that notes added Kent,Washington 98032 Information as well as revisions to the standard form text is available from and the Architect: the author and should be reviewed.A (Wain, legal stains,address and other It&ination) vertical line In the left margin of this document Indicates where the author Broderick Architects PLLC has added necessary Information 55 South Atlantic Street,Suite 301 and where the author has added to or Seattle,Washington 98134 deleted from the original AIA text. This document has Important legal consequences.Consultation with an for the following Project: attorney is encouraged with respect (Name, location and detailed description) to Its completion or modification. City of Kent Economic/Community Development Tenant Improvement, Third floor of the Centennial Building 220 4'h Avenue South Kent,Washington 98032 See Attached Exhibit A for detailed description. The Owner and Architect agree as follows. 1 AIA Document 13102m—2007(formerly S1411°—1991 Part 1).Copyright®1917,1926,1948,1961,1963,1968,1961,1963,11989,1967,1970, 1974,1977, Init. 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING,This Al a Document Is protected by U$,Copyright Law and Intornallonal Trantlos.Unauthorized reproduction ordlalnbution of this Ale Document,or any portion of It,cony result In savers civil and criminal penalties,and will be prosaautell to ilia maximum extent possible under the low.This document was produced by AIA software at 18 0117 on 03/0312010 under Order No 1000391901_1 which awes on 0 3/1 812 0 1 0,and Is not for resale, User Notes• (1966430511) TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 USE OF ARCHITECT'S INSTRUMENTS OF SERVICES 4 DISPUTE RESOLUTION 5 TERMINATION OR SUSPENSION 6 PAYMENTS TO THE ARCHITECT 7 MISCELLANEOUS PROVISIONS j 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT i ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The Architect shall provide the following professional services: (Paragraph deleted) The services performed shall be as enumerated hereinafter and as further described In the attached and Incorporated Exhibit A. , § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of ' the Project. § 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 1A Except with the Owner's knowledge and consent,the Architect shall not engage In any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.6 The Architect shall maintain the following insurance for the duration of this (Paragraphs deleted) Agreement and shall provide certificates and endorsements as Exhibit D to this Agreement. .1 General Liability Commercial General Liability insurance written on an occurrence basis with limits no less than $ 1,000,000 combined single limit per occurrence and$2,000,000 aggregate for personal injury, bodily Injury and property damage,Coverage shall include but not be limited to:blanket contractual;products/completed operation/broad from property damage;explosion,collapse and underground(XCU)if applicable;and employer's liability;and The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against who claim is made or suit is brought,except with respect to the limits of the Insurer's liability, The Consultant's insurance shall be primary Insurance as respects the City and the City shall be [nit. AIA Document B102TM—2007[formerly B1417a—1997 Part 1).Copynght®1917,1828,1948,1951,1953,1968,1981,1983,1988,1967,1970, 1974,1977, 1087,1997and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and 2 Internatmoat Trealles.Unauthorized reproduction or distribution of this AIA Document,orany portion of it,may result in severe civil and Ullninal t penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AA software at 16,01,17 on 0 3/0 31201 0 under Ordar No 1000391991 1 which expires on 03/1a/20%and is not for resale (1966430511) User Notes: l given thirty(30)days prior written notice by certified mail,return receipt requested,of any cancellation,suspension or material changed in coverage. .2 Automobile Liability Automobile Liability insurance with limits no less than$1,000,000 combined single Iimit per t accident for bodily injury and property damage;and 43 Professional Liability (Paragraph deleted) Professional Liability insurance with limits no less than$1,000,000 limitper occurrence.Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant.The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance,The City reserves the right to receive a certified copy of all the required insurance policies. ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives,schedule,constraints and criteria,including space requirements and relationships,flexibility, expandability,special equipment,systems and site requirements. § 2.2 The Owner shall Identify a representative authorized to act on the Owner's behaifwithrespect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in accordance with Section 2.1.in order to avoid unreasonable delay In the orderly and sequential progress of the Architect's services. § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect, Upon the Architect's request,the Owner shall furnish copies ofthe scope of consulting services in the contracts between the Owner and the Owner's consultants. § 2.4 The Owner shall furnish all legal,insurance and accounting services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and Interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or Inconsistencies in the Architect's Instruments of Service. ARTICLE 3 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE Drawings,specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service for use with respect to this Project. Original documents,drawings, designs,reports,or any other records developed or created under this Agreement shall belong to and become the property of the Owner. All records submitted by the Owner to the Architect will be safeguarded by the Architect. Architect shall make such data,documents,and flied available to the Owner upon the Owner's request, The Owner's use or reuse of any of the documents,data,and files created by Architect for this project by anyone other than Architect on any other project shall be without liability or legal exposure to Architect. Architect further acknowledges that Owner is a public agency,subject to the public disclosure laws of the State of Washington. Should a public records request be received requesting a copy of the Architect's Instruments of Service,Owner must make these records available to that requesting party. ARTICLE 4 DISPUTE RESOLUTION Should any dispute,misunderstanding,or conflict arise as to theterms and conditions contained in this Agreement,the matter shall first be referred to the Owner,and the Owner shall determine the term or provision's true intent or Init. AIA Document a102Te—2007(formerly 6141ie—1997 Part 1).Copyright®1917,1026,1940,1961.1953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects,All rights reserved.WARNING;This Ale Document Is protected by U.S.copyright Law and 3 Internotional Treaties,Unauthorized reproduction or distribution ofthis Ale Document,or any portion of it,may result In severe civil and criminal / penalties,and will be prosecuted to Iho maximum extent possible undor the law.This document was produced by AIA software at 16 01A7 on 03/0=010 under Order No 1000391901 1 which expires on 03118120%and Is not for resale, User Notes- (1966430611) meaning, The Owner shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. If the parties are unable to settle any dispute,difference, or claim arising from the parties'performance of this Agreement,the exclusive means of resolving that dispute, difference,or claim,shall only be by filing suit exclusively under the venue,rules,and jurisdiction of the King County Superior Court,at the Maleng Justice Center located in King County,Washington,unless the parties agree in wl itmg to an alternative dispute resolution process. In any claim or lawsuit for damages arising itom the parties'performance ' of this Agreement,each party shall pay all its legal costs and attorney's fees incurred in defendant or bringing such claim or lawsuit,in addition to any other recovery or award provided by law,provided,however,nothing In this paragraph shall be construed to limit the Owner's right to indemnification under Section 1.12 of this agreement. (Paragraphs deleted) ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven(7)days'priorwritten notice to the Owner before suspending services. In the event of a suspension of services, the Architect shallhave no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,the Architect shall be paid all sums due prior to suspension.and the time schedules shall be equitably adjusted. § 5.21f the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension,and the time schedules shall be equitably adjusted upon resumption of the project. § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days'written notice, ' § 5.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform In accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5,5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. § 6.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services and Reimbursable Expenses performed prior to termination. § 5.7 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 3. ARTICLE 6 PAYMENTS TO THE ARCHITECT (Paragraphs deleted) § 6A The Owner shall compensate the Architect for basic services as described in the attached exhibit or scope document incorporated into this Agreement (Paragraphs deleted) in in Exhibit A in an amount not to exceed$29,800.00 to be billed monthly at the rates set forth in the attached rate schedule. 1 § 6.2 (Pmagraphs deleted) REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project,as identified in the following Clauses: .1 Transportation in connection with the Project and,authorized out-of-town travel and subsistence; AIA Document B102M—2007(formally B14111-1 907 Part 1),Copyright O 1917,1926,1948,1961,1963,1950.1961,1963,1966.1967,1970, 1974,1977, Init 1987,1597 and 2007 by The American Institute of Architects.All rights Yes srved.WARNING-This AIA'Dooumenl Is proto6ted by U.s,copyright Law,and 4 International Treaties.Unauthorized reproduction or distribution of tills AIA°Dooumont,or any portion of it,may result in severe civil and criminal 1 penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 16.01,17 on OW0312010 under Order No.1000391991 1 which expires on 0 3/1 612 01 0,and Is not for resale, (1988430611) User Notes: 2 reproductions,plots,standard form documents,postage,handling and delivery of Instruments of Service; .3 material and supply expenses for renderings,models and mock-ups requested by the Owner; ,4 other similar direct Project-related expenditures as approved in advance by the Owner; § 6.3 (Paragraphs deleted) For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent(10 %)of the expenses incurred, § 6.4 PAYMENTS ON ACCOUNT OF BASIC SERVICES Payments for Basic Services shall be monthly. § 6.5 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. § 6.6 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty,liquidated damages or other sums withheld from payments to contractors,or on account ofthe cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 6,7 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertainingto Additional Services and services performed on the basis of hourly rates shall be provided to the Owner or the Owner's authorized representative upon Architect's submittal of its Certificates for Payment. (Paragraphs deleted) ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. § 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007,General Conditions of the Contract for Construction,current as of the date of this Agreement. § 7.3 The Owner and Architect,respectively,bind themselves,their partners,successors,assigns and legal representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such other party with respect to covenants of Its Agreement,Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other. § 7.4If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.The Architect shall not be i equired to execute certificates that would require lrnowledgo,services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained In this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 7,6 Unless otherwise required in this Agreement,the Architect and Architect's consultants shall have no If responsibility for the discovery,presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 7.1 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. AIA Dooument B102W—2007(formarly Bi4i" —U07 Part 1).Copyrght®1917,1926,1948,1951,1953,1958,1961,1983,1966,1987,1970, 1074,1977, InIL 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING,This AIA°Document is protected by U S Copyright Law and International Troattes Unmdhorizod raproductlon or dill stribution of title AIA'Document,or any portion of It,may result in severe civil and alit trial 6 t penalties,and will be pros ended to the mexlmum extent possible under the law.This document was produced by ALA software at 16 01.17 on 0310312010 under Order No.1000391991 1 which expires on 0311 812 01 0,and Is not for resale User Notes: (1966430611) § 7.8 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statues of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of The final Certificate for Payment for acts or failures to act occurring after Substantial Completion, In no event shall such statues of limitations commence to run any later than the date when the Architect's services are substantially completed. § 7.9 This Agreement and any referenced documents or exhibits represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral. All of the documents referenced and incorporated herein are made apart of this Agreement. However, should any language in any ofthe Exhibits to this Agreement conflict with any language contained In this Agreement, the terms of this Agreement shall prevail. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 7.10 The parties intend that an Independent Contractor-Employer Relationship be created by this Agreement and that the Architect has the ability to control and direct the performance and details of Its work,the Owner being interested only In the results obtained under this Agreement. § 7.11 In the hiring of employees for the performance of work under this Agreement or any subcontract,the Architect or any person acting on behalf of the Architect shall not,by reason of race,religion,color,sex,age,sexual orientation, national origin,or the presence of any sensory,mental,or physical disability,discriminate against any person who is qualified and available to perform the work to which the employment relates. Architect shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration(Exhibit B). Comply with City Administrative Policy 1.2.,and upon completion of the contract work,file the attached Compliance Statement(Exhibit C). § 7,12 Architect shall defend,indemnify,and hold the Owner,its officers,officials,employees,agents,and volunteers harmless from any and all claims,Injuries,damages,losses or suits,Including all legal costs and attorney fees,arising out of or in connection with the Architect's negligent performance of this Agreement,except for that portion of the injuries an damages caused by the Owner's negligence, The Owner's inspection or acceptance of any of Architect's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement Is subject to RCW 4,24.115,then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concutrent negligence of the Architect and the Owner,its officers,officials,employees, agents,and volunteers,the Architect's liability hereunder shall be only to the extent of the Architect's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUES THE ARCHITECT'S WAIVER OF IMMUNITY UNDERINDUSTRIAL INSURANCE,TITLE 51 RCW,SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER, The provisions of this section shall survive the expiration or termination of this Agreement. § 7.13 The failure of the Owner to insist upon strict performance of any of the covenants and agreements contained in this Agreement,or to exercise in any option conferred by this Agreement In one or more instances shall not be construed to be a waiver or relinquishment of those covenants,agreements,or options,and the same shall be and remain In full force and effect, § 7.14 All communications regarding this Agreement shall be sent to the parties at the addresses listed on the cover page of the Agreement,unless notified to the contrary. Any written notice hereunder shall become effective three(3) business days after the date of mailing be registered or certified mail,and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. § 7.15 The Architect agrees to comply with all federal,state,and municipal laws,rules,and regulations that are now effective or in the future become applicable to Architect's business,equipment,and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations, ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows:None Ink. AIA Document B102T"-2007(formerly B141T"—1997 Part 1).Copyright©1917,1826,1948,1951,1953,1966,1261,1963,1966,1967,1970. 1974,1977, 1987,1997 and 2007 byThe American Institute of Architects.All rights reserved.WARNING:This AIA°Document Is protected by U.S.Copyriuht Law and 6 International Treaties Unauthorized reproduction or distribution of this AIA0 Document,or any portion of R,may result In severe civil end criminal _ 1 nenaltlos,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16.01:17 on 03/0312010 , under Order No.1000391991 1 which expires on 03118120T0,and Is not for resale User Notes: - - (19864306il) ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral,This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.2 This Agreement is comprised of the following documents listed below: (Pmwagraph deleted This standard form agreement as amended;and (Paragraphs deleted Broderick Architect Proposal Dated December 15,2009,Exhibit A;and Kent Equal Employment Opportunity Policy,Exhibit B,and Compliance Statement,Exhibit C;and Insurance Certificates and Endorsements,Exhibit D(to be supplied by Architect). This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (S1gna a e) Kevin Broderick (Printed name and title) (Pfinted name and title) AIA Document B102m-2007(formerly 61411a-1997 Part 1).Copyright®1917,1926,1948,1951,1953,1968,1961,1963,1906,1967,1970, 1974,1977, Ink. 1987,i997 and 2007 by The American Insillute of Architects.All rights reserved.WARNING:This AIA°Document is protected by US Copyright Law gild 7 International Treallos,Unauthorized reproduction or dlstrlbufion of this Ale Document,or any portion of it,cony result In severe civil and criminal t penalties,and will be prosocuted to the maximum extent possible antler the law.This document was produced by A software at 16 0117 on 03/03/2010 under Order No,1000391991 1 which expires on 0 311 8/2 0 1 0,and Is not for resale. User Notes. (1968430511) BRODERICK ARCHITECTS December 15, 2009 Mr. Charlie Lindsey City of Kent Facilities 220 4th Avenue South Kent, Washington 98032 RE; City of Kent; Economic/Community Development Tenant Improvement (REVISED) Dear Charlie, Broderick Architects is pleased to submit this proposal for Architectural Design Services associated with the Economic/Community Development Tenant Improvement located on the Third Floor of the City of Kent Centennial Center. Enclosed you will find; 1) Project Description 2) Proposed Scope of Services 3) Fee Schedule PROJECT DESCRIPTION Pursuant to our initial meeting with Ben Wolters on June 6, 2009, the project will involve the integration of three departments, which will all reside on the Third Floor of the Centennial Center, According to my meeting notes, Ben, Kurt Hanson,Julie Pulliam along with the Development Engineering Group, led by Mike Gillespie and 9 staff will be moving into approximately.1,400 square feet on the southwest corner of the 3`d floor of City of Kr»' Centennial Center which is currently somewhat underutilized by the Planning Services (Fred Satt-,rstrom), The basic program calls for three new hard walled offices (Ben, Kirk and Mike) and cubicles to accommodate both the new and existing staff members, The third element of the Economic/Community Development group is Building Services and they are currently already located on the Third Floor of the Centennial Building, Initial design sketches involved vacating the existing Lunch Room and Computer Lab but this avenue was deemed not viable, During a subsequent ineeting with you and Ben on June 24, 2009 and a follow up meeting with Fred Satterstrom on July 1, 2009, the possibility of switching the Police Detectives and Building Services was discussed. The thought was to allow all of Economic/Community Development to be located in one common space and notjust on the same floor, separated by the corridor, In addition, the Police Detectives will also be occupying the space currently occupied by the Fire Detectives (which are relocating to the 4`h Floor— not part of this proposal). SCOPE OF SERVICES We recommend that the overall design services be broken into the following three phases; Phase One - Schematic Design 1 . Detailed building analysis and documentation of the existing space, structural elements, wall construction, voice and data jacks, and electrical outlets, 2. Coordinate with the Economic/Community Development to review program requirements and the specific details of the project, Mr. Charlie Lindsey December 15, 2009 page 2 3. Meet and discuss the current"rough" space plan with Building Services and Police Detectives to refine the program design parameters and develop a refined space plan. 4. Develop of a series of preliminary floor plans and interior elevations for review and comment by the tenant. 5. Provide an estimated cost of construction. Phase Two - Construction Documents 1. Refine and develop approved floor plans, reflected ceiling plan and Interior elevations. 2. Prepare Construction Documents necessary for permitting and construction of the project. 3. Develop the outline specifications. 4. Coordinate with the bid process in obtaining competitive quotes to have the project constructed. 5. Prepare documents for building permit application. 6. Submit the Construction Documents to the City of Kent Development Services. 7. Assist in revising the estimated cost of construction. Phase Three - Construction Administration 1, Coordinate with Development Services to keep the project moving and on track once submitted. 2. Provide periodic on-site observation to review the progress and quality of construction. 3. Provide timely responses to questions as they develop in the field. 4. Prepare construction memos, certifications of payment, certificate of substantial completion and final punchlist. FEE . A. Architectural Services: The fee for Phase One, Phase Two and Phase Three described above would be based on hourly rates not to exceed $29,800.00. The above fee includes $4,058.75 of fees previously invoiced for programming and design options for this project. Hourly rates for this project are as follows: Principal - at a rate of $95,00 per hour. Staff Architect- at a rate of$80.00 per hour, Technical Level II - at a rate of$65,00 per hour, Technical Level III - at a rate of$55,00 per hour. The breakdown of services described above will be divided approximately as follows: Phase One - 40% Phase Two - 60% Phase Three— 12% Total 100% j B. Assumptions: To control our cost and keep our fees as competitive as possible we have made the following assumptions: Mr. Charlie Lindsey December 15, 2009 page 3 1. Broderick Architects will work directly with Mr, Charlie Lindsey or another authorized project representative of the Tenant. 2, All fees noted are exclusive of standard reimbursable expenses,, These include all printing, plotting, reproduction, telephone, special mailing charges, etc, 3, Broderick Architects is relying solely on the information provided by the City of Kent and a visual inspection of the facilities as a basis for performing the requested design services. Any unforeseen conditions encountered within the existing site conditions along with any owner-initiated revisions to the accepted design, will be tracked and billed on an hourly basis. C, Consulting Services; 1. Electrical Engineerigg will be handled with a performance specification/bidder design. 2, Broderick Architect's coordination with your furniture vendor regarding the furniture system is included in the basic architectural services, D. Services not included as part of this proposal; 1. Permit fees, special inspections, survey, or public meeting presentations, 2. Detailed estimates of construction cost. 3. Work resulting from major changes following acceptance of the design. Please keep in mind that the staff at Broderick Architects is very flexible and service oriented. You may decide you do not wish us to perform all of the recommended services listed above. We will gladly work with you to revise the fee based on your specific requirements. Charlie, we are prepared to proceed immediately with this project and are excited about the- opportunityto work with you on the Economic/Community Development Tenant improvement, If have any questions or require any additional information, please call, Sincerely, Kevin J, Broderick, AIA i I 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent Is committed to conform to Federal and State laws regarding equal opportunity. I As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies, The following questions specifically Identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response Is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, It will be considered a breach of contract and It will be at the Clty's sole determination regarding.suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1,2. 2. During the time of this Agreement I will not discriminate In employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. f3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and. promotion of women and minorities. ' 51 Before acceptance of this Agreement, an adherence'statement will be signed by me, the Prime Contractor, that the Prime Contractor compiled with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of IVIG� 12010 . By. VnA For; r`a Ae.r ck Title: Date: VJ1aXJV-\, 4� 2ot.0 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE; January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES; April 11 1996 f ' CONTRACTORS APPROVED BY Jim White, Mayor POL Y; Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, If holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps; 1. Provide a written statement to all new employees and subcontractors Indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully, disregards the City's nondiscrimination and equal opportunity requirements shall be considered In breach of contract and subject to suspension or termination for all or part of the Agreement, Contract Compliance officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy, 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i l EEO COMPLIANCE DOCUMENTS - 2 I CITY OF KENT I EQUAL, EMPLOYMENT OPPORTUNITY COMPLIANCY STATEMENT 1 i This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the 1 Agreement, lJ I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor For the Agreement known as m was entered Into on the (date), etween the firm I represent and the City of Kent, 4 I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment opportunity ! Policy that was part of the before-mentioned Agreement. Dated this day ofr/� t By.: . For: �ffrodey1c_k Ay( l,W 4'� s Title: nA �f )KLf2�&�jylC pal Date: VyIGZh"c � 1 Q 1 EEO COMPLIANCE DOCUMENTS - 3 I (z )q 'bm L Client#:63975 BRODEARCH ACORD. CERTIFICATE OF LIABILITY INSURANCE 2125/MlObIYYYY) 02125/IO � PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Euclid Insurance Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 234 Spring Lake Drive HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Itasca,IL 60143 630 694-3700 INSURERS AFFORDING COVERAGE NAIC# INSURED Broderick Architects,PLLC INSURER A: Nat'I Casualty(A&E 11991 INSURER S. 55 south Atlantic street,Suite 301 INSURER C. Seattle,WA 98134 INSURER INSURER S- 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 RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, POLIC EFFECTIVE POLICY EXPIRATION TR g TYPE OF INSURANCE POLICY NUMBER D ❑D b MM/bb LIMITS GENERAL LIABILITY - EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGET ENTEO $ CLAIMS MADE Q OCCUR MED EXP IAny one pereon) $ PERSONAL d ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE UMITAPPLIES PER: PRODUCTS-COMPIOP AGG $ POLICY PRO LCC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO - (Ea accident $ ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per paean) S HIRED AUTOS BODILY INJURY S NON OWNED AUTOS (PeracddenU PROPERTY PROP DAMAGEtPa $ PR ERTY ccIdeno GARAGE LIABILITY AUTO CNLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY AGG $ EXCESSIUMSRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE S RETENTION $ S WORKERS COMPENSATION AND TORWC SLIMITTATU'q OCR- TH- EMPLOYERS'LIABILITY ANY PROPRIETORIPAR7NER/EXECUTIVE E L EACH ACCIDENT $ OFFICERIMEMSER EXCLUDED? EL,DISEASE-PA EMPLOYEE $ If yea,ALdescribeUnder S SPECIAL PROVISIONS below E,L DISEASE.POLICY LIMIT I S A OTHER Professional AR00003635 02/23/10 02/23111 Each Claim$1,000,000 Liability Annual Agg.$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXC LUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 31L_ DAYS WRITTEN 220 4th Avenue South NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Kent,WA D8032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ACORD 28(2001108)1 of 2 #8286345/M286344 SMW o ACORD CORPORATION 1988 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. A statement on this certificate does not confer rights to the certificate holder In Ileu 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. ACORD 25S(2001108) 2 of 2 #5286345/M286344 Kent City Council Meeting Date April 6, 2010 Category Consent Calendar - 6F 1. SUBJECT: STATE FARM YOUTH ADVISORY GRANT FOR COMMUNITY SERVICE PROGRAMS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the State Farm Youth Advisory Grant Acknowledgement in the amount of $42,339.02 to fund community service programs, amend the budget, and authorize the expenditure of funds in the Adopt A Park budget. The State Farm Youth Advisory Board announced that the City of Kent was awarded the $42,339.02 service learning grant for community service programs. This grant award will target juniors at Kentwood High School to fulfill their community service requirements and allow Kent to partner directly with students and further instill an appreciation for stewardship of our public spaces. The Kent Parks and Recreation and Community Services Department will provide projects that students may participate and partner in. Projects will focus on the environment and will range from tree restoration and planting, graffiti removal and prevention, to recycling projects. 3. EXHIBITS: State Farm Notification Letter, Revised Budget Addendum, and Acknowledgement of Contribution 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: State Farm® S'AnRM Youth Advisory Board ® ® INSUR ANCF February 10,2010 j Jeff Watling City of Kent Parks,Recreation&Community Services ' 220 4th Avenue South Kent,WA 98032 Dear Jeff Watling: Congratulations! On behalf of the State Farm®Youth Advisory Board,we're pleased to inform you that your school/organization's request,Kentwood Cares for Kent,for funding has been approved for$42,339.02. In an effort to further service-learning best practices and impact communities across the United States and Canada, the State Farm®Youth Advisory Board selected the best and most innovative grants from the 1,192 requests submitted! We hope you will share your project with others. Please note that to be in good standing with State Farm on your grant,we require the following: ■ The attached IRS"Acknowledgement of Grant Award"form must be signed and received at State Farm by March 51h.Please send your form to Matthew Maloney by fax at(309)766-2314 or by mail to: Matthew Maloney ' State Farm Insurance Companies One State Farm Plaza,B4 Bloomington,IL 61710-0001 • If your budget was adjusted by the State Farm Youth Advisory Board,there is an additional attachment explaining the board's decision Please sign the form to formally agree that you will follow the revised budget as set by the board and return this acknowledgment along with the IRS acknowledgement form 1 meptiogerl above. q Wo anticipate your excitement but have one request.Please do not announce that you have received this grppt until you've been contacted by a State Farm official Our local offices would like to help you in developing a formal check celebration. The Youth Advisory Board is making some tuning changes to its program.Applications for youth interested in joining the board will be available in August,2010 instead of February 2010.Applications for the next round of grants will be available in early 2011,instead of fall,2010 Thanks for your participation We look forward to working with you and celebrating your accomplishments! Sincere congratulations from the 2009-2010 State Farm Youth Advisory Board! www.statefarmyab.com clo State Farm Insurance Companies I 1 State Farm Plaza, B4 I Bloomington, IL 61710 State Farm® S,A,E FAPM Youth Advisory Board I N®P®E Revised Budget Addendum Dear Jeff Watling, Congratulations on receiving a grant from the State Farm Youth Advisory Board!As part of the grant review process,the board looks at the expenses outline in your grant.Your grant's budget was adjusted by the board. The changes to your grant budget are as follows: City of Kent- Parks, Rec,and Community Services—Environmental Responsibility Requested: $ 94,641.22 Funded:$42,339.02 Explanation of budget adjustment:The board voted to eliminate costs from Promotion, Publicity, and Marketing: Imprinted T-Shirts($22,500), PSA DVDs ($5,000), and PSA Paid Placement ($15,000). Salaries were also adjusted to equal 20%($8,467.80)of the total budget. $52,302.20 was subtracted from the original budget. Receipt of your grant is contingent upon your acknowledgement and adherence to the budget revisions as set by the board. Please sign and return this letter along with the IRS acknowledgement form, also included in your packet. If you have any questions or concerns about these changes, please contact the project lead for the Youth Advisory Board, Matthew Maloney at matthew.maloney mm2eCcDstatefarm.com. Thank you and congratulations. Sincerely, The 2009-2010 State Farm Youth Advisory Board I, (please print) acknowledge and agree to adhere to the budget as revised by the State Farm Youth Advisory Board. (Signature) (Date) www.statefarmyab.com cIo State Farm Insurance Companies 1 1 State Farm Plaza, B4 I Bloomington, IL 61710 ACKNOWLEDGMENT OF CONTRIBUTION Please complete ALL sections. Internal Use Only PART A. I The (name of organization as filed,no abbreviations) (city) (state) acknowledges the receipt of State Farm Mutual Automobile Insurance Company's charitable contribution of 542 3B9.02 _ wh.ichWasreceived-cim- (amount) (date) PART B. (Our records indicate that$42,339.02 is a charitable gift to your non-profit organization. Was any portion of this contribution a direct,tangible benefit back to State Farms? For example:booth,table,or advertising. Please verify below.) Were any goods or services provided to State Farm in consideration of this contribution? No Yes (if yes, on the line below, give a description and the value of the goods or services) PART C. Please indicate whether your organization is qualified or non-qualified as described in IRC Section 5016. See note below. Qualified Non-Qualified N/A or Other: Specify Note* In general,an organization qualifies under section 501c3 If it is organized and operated exclusively for religious, charitable,scientific,literary or educational purposes,orto foster national or international amateur sports competition,orfor the prevention of cruelty to children or animals An organization seeking recognition of exempt status under section 501c3 must file Form 1023 with the district director forthe IRS district in which the organization is located PART D. By signing below, I hereby agree that the above statements are correct regarding the amount and receipt of the contribution,the value of goods or services provided, and the organization's status according to Section 5016. Name(printed) Title Signature Date City of Kent Kent,WA #213517 Kent City Council Meeting Date April 6, 2010 Category Consent Calendar - 6G 1. SUBJECT: GEOTECHNICAL SERVICES CONTRACT WITH GEOENGINEERS FOR BRIDGE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant services agreement with GeoEngineers, Inc. in the amount of $78,685, for geotechnical exploration, laboratory testing, and completing an engineering analysis and report for the S. 224th Street/SR 167 Bridge. The South 224th Street Project was approved by Council on April 1, 2008. The ' project will extend to S. 224th Street near East Valley Highway to Benson Road and includes a bridge over SR 167 and 88th Avenue South. Design of the SR 167 Bridge requires geotechnical explorations (drilling) at each of the four proposed bridge foundation locations. Payment for the work is funded from pre-paid assessments from Local Improvement District (LID) No. 363. 3. EXHIBITS: Public Works memo dated 2/8/2010, site map, and consultant agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P E , Public Works Director Phone 253-856-5500 KEN T Fax 253-856-6500 W45MINGTON Address 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 8, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 15, 2010 From: Garrett Inouye, P.E., Project Engineer Through: Timothy J. LaPorte, P.E., Public Works Director 1 Subject: Contract with GeoEngineers, Inc. for Geotechnical Services for the S. 2241h St. SR 167 Bridge Motion: Move to recommend authorizing the Mayor to sign a Consultant Service Agreement with GeoEngineers, Inc. for the purpose of conducting geotechnical exploration, laboratory testing, and completing an engineering analysis and report for the S. 224th Street/SR 167 Bridge in an amount not to exceed $78,685.00, upon concurrence of final terms and conditions by the City Attorney and the Public Works Director. Summary: The S. 224th Street Project was approved by Council on April 1, 2008. The Project will extend S. 224th Street near East Valley Highway to Benson Road. This includes a bridge over SR 167 and 88th Avenue S. Design of the SR 167 Bridge requires geotechnical explorations (drilling) at each of the four proposed bridge foundation locations. Samples will be analyzed to determine how large the actual bridge foundations need to be. The consultant will also provide recommendations for retaining walls. Traffic control for work in the SR 167 median is included in the Contract. Budget Impact: None. Payment for the work will be funded through pre-paid assessments from Local Improvement District (LID) No. 363, formed by Council on December 9, 2008. r NarEh iS 212TH12t16� NOT TO SCALE Q � i w 2W H co � w w CD_ > O > ( w Q Q 216TH-ST wl� 167 Q J zQ >� S 218TH ST LL z U) 1, PROJECT LU _ w � c x w �> O Z, �- �S 24TH ST%� � ' K E N T SE 224TH ST Z j� S 2241h Street co / SR 167 Bridge S 228TH ST w i S 228TH�T \ o > H w Q 1 • KENT WPS MINGT[JV CONSULTANT SERVICES AGREEMENT between the City of Kent and ■ GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Gary Henderson (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide geotechnical services for the S. 224th Street SR 167 Overcrossing. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Eight Thousand, Six Hundred Eighty Five Dollars ($78,685 00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) , B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained , under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not Lbe grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or , relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Gary Henderson Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department � GeaEngineem-22e/Inouye CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 20_. By: For: ' Title: Date: EEO COMPLIANCE DOCUMENTS - 1 ' ' CITY OF KENT ADMINISTRATIVE POLICY ' NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 ' SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor ' POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and ' state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the , Agreement. I, the undersigned, a duly represented agent of , Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered ' into on the (date), between the firm I represent and the City of Kent. ' I declare that I complied fully with all of the requirements and obligations as outlined in the City , of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF SERVICES CITY OF KENT ' GEOTECHNICAL SERVICES SOUTH 224TH STREET SR 167 OVERCROSSING KENT, WASHINGTON ' FILE NO. 0410-145-02 INTRODUCTION AND PROJECT UNDERSTANDING We understand that the project consists of a planned roadway extension of South 224th Street including a ' three span bridge over SR 167 and a frontage road The project will involve constructing earth approach embankments for South 224th by raising grade by up to about 20 feet to accommodate the pier- supported bridge and abutments Our services will include attending meetings, reviewing and ' supplementing existing subsurface information, and developing geotechnical recommendations for final design ' SITE EXPLORATION AND LABORATORY TESTING The site exploration will require explorations on either side of SR 167. Explorations in the median of SR 167 will also be required to characterize the center pier foundation conditions We understand that work in the median will be limited to a 10pm to Sam work window Accordingly, we propose completing the explorations on either side of the freeway first. If the soil conditions indicate that a Cone Penetrometer ' Test(CPT) can provide adequate subsurface information we will advance a cone in the median If a cone cannot be advanced in the median then we will revise our scope and budget to include a traditional mud- rotary boring in this location. Our specific scope is as follows: 1. Coordinate subcontractors and utility notification in preparation for explorations described below. 2. Complete up to six exploratory borings on either side of SR 167 using a combination of truck- mounted and track-mounted mud rotary drilling equipment We assume borings will be accomplished on the shoulder of existing roads and unimproved areas and that traffic control or pavement patching ' will not be required We further assume that access to adjacent properties will be coordinated by the City. Drill cuttings will be drummed and disposed off site Planned boring depths will range from 50 to 150 feet For the purposes of this proposal we have assumed up to 600 lineal feet of drilling We ' will perform sample attempts (Standard Penetration test) at 5-foot depth intervals in each boring. Borings will be abandoned in accordance with Washington Department of Ecology regulations. We assume that these explorations can be performed during normal working hours ' 3. Selected samples will be tested to evaluate pertinent engineering properties. We anticipate our laboratory testing program will include gradation testing, Atterberg Limit tests, and soil moisture content tests. Testing will be performed in general accordance with applicable ASTM test methods 4. Coordinate traffic control for the exploration in the SR 167 median, including preparing a traffic control plan. We anticipate that traffic control will consist of signs, a lighted sign board and a crash City of Kent I February 26,2010 Page 2 cushion We understand that the City of Kent will provide the required permits for the work We have assumed that one night shift will be required to complete the exploration. 5. Advance one or two CPTs in the median of SR 167 We have assumed up to 300 lineal feet of ' probing. The actual number and depth of the probes will depend on the conditions encountered and the time constraints. ' ENGINEERING ANALYSIS, MEETINGS AND REPORT PREPARATION Perform engineering analysis to develop design and construction criteria for geotechnical aspects of the ' overcrossing. We anticipate our scope will Include 1. Providing recommendations for bridge abutment walls. We will provide active and passive earth ' pressure criteria, base friction and criteria for seismic surcharge pressures We can also provide recommended soil parameters for contractor designed Structural Earth Walls (SEWS) If required. ' 2 Developing recommendations for bridge foundation support. We anticipate the main bridge structure will be supported on drilled shafts. We will provide recommended downward and upward capacities and settlement criteria based on AASHTO LRFD We anticipate providing bearing graphs ' for up to four combinations of shaft diameters and soil profiles We will also provide soil parameters for use with the computer program DFSAP 3. Estimating settlement under static embankment loads and providing criteria for managing ' differential settlement between the embankment and the shaft-supported bridge. 4. Evaluating global stability of the planned approach embankments under static and seismic loading. ' We anticipate developing criteria for ground Improvement to address liquefaction-related settlement and Instability under seismic conditions 5. Providing site preparation and earthwork recommendations. We will provide recommendations for ' Imported fill for the embankments. 6. Attending meetings with the structural engineer and the City as well as a meeting with WSDOT, If ' needed. 7. Providing preliminary design memoranda as the work progresses. We anticipate providing , preliminary design memoranda for seismic design values and shaft capacities. 8. Summarizing our findings and recommendations in a written report. ' US,GHS,gb Attachment Exhibit B Fee Estimate Disclaimer Any electronic form facsimile or hard copy of the original document(email,text,table,and/or figure),if provided,and any attachments are only a ' copy of the original document The original document is stored by GeoEngmeers,Inc and will serve as the official document of record Copyright©2010 by GeoEngmeers,Inc All rights reserved GEOENGINEERS� EXHIBIT B FEE ESTIMATE GEOTECHNICAL SERVICES SOUTH 224TH STREET SR 167 OVERCROSSING ' FOR THE CITY OF KENT ENGINEERING ANALYSIS, MEETINGS AND REPORT PREPARATION Classification Hours x Rate Cost Senior Technical Advisor (Gary Henderson) 25 x $160 00 = $4,000 00 Managing Principal(Garry Squires) 30 x $200 00 $6,000 00 Protect Engineer(Various) 65 x $145 00 $9,425 00 Staff Engineer 3(Various) 40 x $128 00 = $5,120 0 ' Technician 10 x $80 00 _ $800 00 Support 20 x $65 00 $1,300 0 Subtotal Personnel $26,645 0 Other Expenses Vehicle Usage $125 00 Photocopying/Reproduction $150 00 Expendables(photographs,equipment charges etc) $1,575 00 Subtotal $1,850 00 Total Estimated Costs- Engineering Analysis, Meetings and Report Preparation $28,495 00 SITE EXPLORATION AND LABORATORY TESTING ' Classification Hours x Rate = Cost Managing Principal(Garry Squires) 4 x $200 00 = $800 00 ' Protect Engineer(Various) 15 x $145 00 = $2,175 00 Staff Engineer 3(Various) 70 x $128 00 = $8,960 00 ' Technician 12 x $80 00 $960 00 Support 3 x $65 00 $195 00 Subtotal Personnel $13,090 0 Other Expenses Drilling Subcontractor $26,000 0 ' CPT Subcontractor $4,20000 Traffic Control Subcontractor $5,00000 Laboratory Testing $1,50000 Vehicle Usage $400 00 ' Subtotal $37,100 0 Total Estimated Costs-Site Exploration and Laboratory Testing $50,190 0 ' TOTAL $78,685 0 ' File No 0410-145-02 February26 2010 GEOENGINEERS-�57 EXHIBIT C ' INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS ' Insurance ' The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which ' may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: ' 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance ' Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed , operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability ' insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial , Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's ' profession. B. Minimum Amounts of Insurance ' Consultant shall maintain the following insurance limits: 1 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per , accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general ' aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: ' 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. ' 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause ' stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of ' the Contractor before commencement of the work. F. Subcontractors ' Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. ' All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Kent City Council Meeting Date April 6, 2010 Category Consent Calendar - 6H 1. SUBJECT: RIVERVIEW PARK CHANNEL CONSTRUCTION PROJECT, PARTNERSHIP AGREEMENT WITH U.S. ARMY CORPS OF ENGINEERS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Project Partnership Agreement between the City of Kent and the U.S. Army Corps of Engineers for the Riverview Park Channel Restoration Project. ' The Riverview Park project is identified as a project in the Army Corps of Engineers' (Corps) Green/Duwamish Ecosystem Restoration Program and is also identified as a priority project in the Water Resource Inventory Area 9 (WRIA) Salmon Habitat Plan. The Agreement to be signed is a Project Partnership Agreement (PPA) between the City and the Corps and is needed for the Corps to meet the timeline for construction in March 2011 and for the Corps to secure Federal Stimulus Funds approved for the project. 3. EXHIBITS: Public Works memo dated 3/9/10, area map and project partnership agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No — 6. CITY COUNCIL ACTION: tCouncilmember moves, Councilmember seconds DISCUSSION: ' ACTION: i ' PUBLIC WORKS DEPARTMENT Timothy J LaPorte, P E., Interim Public Works Director Phone 253-856-5500 KEN T Fax. 253-856-6500 WASHINGTON Address. 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 9, 2010 1 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 15, 2010 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Riverview Park Channel Restoration Project Project Partnership Agreement with US Army Corps of Engineers Motion: Recommend authorization for the Mayor to sign the Project Partnership Agreement between the City of Kent and the US Army Corps of Engineers for the Riverview Park Channel Restoration Project upon concurrence of the language therein by the City Attorney and the Public Works Director. ' Summary: The Riverview Park Ecosystem Restoration project is located at the end of Hawley Road adjacent to the Green River. The project will create a 750 feet long side channel with native plantings, bioengineered slopes, and will include a low-flow channel during the critical fish migration window. The Riverview Park Project is identified as a project in the Army Corps of Engineers' (Corps) Green/Duwamish Ecosystem Restoration Program and is also indentified as a priority project in the WRIA 9 Salmon Habitat Plan. The Agreement to be signed is a Project Partnership Agreement (PPA) between the City and the Corps. This PPA is needed for the Corps to meet the timeline for construction in March 2011 and for the Corps to secure Federal Stimulus Funds approved for the project. In the Agreement the City agrees to pay approximately 35% of the construction costs and 65% will be paid by the Corps. The construction costs are approximately $4.4M, of which the City's cost-share portion is approximately $1.54M. The Public Works Department has secured $500K in grant money from the Salmon Recovery Funding Board and has applied for another $690K from the King Conservation District. The city will continue to pursue additional grants funds and crediting of the city owned land is also available under the Project Partnership Agreement. Signing of the Project Partnership Agreement with the Corps will allow this critical project to move forward. The project provides additional flood storage from the Green River and will benefit salmon habitat restoration. Budget Impact: None -`J6 6 ,�`»I 6`� „ - ,n-. AA VIP "te Fd �S R r o _SM. x »mow '*W'tl 6 a r n uw o- - €Iav v`-- ems..ry kv $ d - «b i ;U» _ µ@ P w „ rvF f re xx r-r, ;a . wW (3LIMMENiS fiyr�tf nw to t�h„nk, e eb �•c6ors_4&25 T«M paF WV K-9C V.£. ,nbr�Lan reSaJa<l tm I*as mep h-mn mnW, by Wig Cc.rry eGR pops n vOMry A[u,ce9 8M,e sub 3S b eni,pe vnNu1",Nke K�tg Cwny make;ea mV O= rn cr ItlR.YHkse'apeva or uipletlu waccwcy wmplelemagamN,rose.x.u3n�vbine use od such,nWm+f,M tF�adorymenl snMmae]¢C`a ise aiasun8�'pM 11(mq Canty,r .L 9+5 rd otln ��pl MY sap oe i➢�`i�ilsmaMn9 nom the umv muaeMMi LQ King y ng/ount County�am }lNavwren wKdGi oaK�!}tgtb 6MVpa.IYN9 GWrY RA4P PmpnM lnlmmalun intlp„Mxwmmra�,ryw'GIS,AIhP� [ afi".E (1 elJ LI�i �if..+iil� 5 t ' PROJECT PARTNERSHIP AGREEMENT ' BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF KENT, WASHINGTON AND STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES ' FOR CONSTRUCTION OF THE DUWAMISH/GREEN RIVER PARK (RIVERVIEW PARK) ECOSYSTEM RESTORATION PROJECT THIS AGREEMENT is entered into this day of by and between the Department of the Army (hereinafter the "Government"), represented by the U.S. Army Engineer, Seattle District, and City of Kent, Washington (hereinafter the "City"), represented by the Mayor, and the State of Washington, Department of Natural Resources (hereinafter"DNR"), represented by the Commissioner of Public Lands (the City and DNR when i referred to collectively are referred to as the "Non-Federal Sponsors"). WITNESSETH, THAT- WHEREAS, construction of the Duwamish/Green River Basin Project for ecosystem restoration(hereinafter the "Authorized Project") at King County, Washington was authorized by Section 101(b)(26) of the Water Resources Development Act of 2000, Public Law 106-541 in accordance with the plans, and subject to the conditions, recommended in a final report of the Chief of Engineers if a favorable report of the Chief is completed not later than December 31, 2000, WHEREAS, a favorable final report of the Chief of Engineers was completed on ' December 29, 2000, WHEREAS, the Government was authorized to perform monitoring and adaptive management(as defined in Article I M and Article I.N. of this Agreement, respectively) as part of the Authorized Project; WHEREAS, the Government and the Non-Federal Sponsors desire to enter into a Project Partnership Agreement(hereinafter the "Agreement") for construction of the Riverview Park Restoration Project (Green River Park) (a separable element of the Authorized Project and hereinafter the "Project", as defined in Article I A of this Agreement) wherein the responsibility of the DNR would be limited to providing certain lands, easements, and rights-of-way that are owned by the State of Washington that are administered by DNR, City of Kent Green Duwamish Riverview Park PPA WHEREAS, Section 103 of the Water Resources Development Act of 1986, Public Law , 99-662, as amended, (33 U S C 2213) specifies the cost-sharing requirements applicable to the Project, , WHEREAS, Section 902 of the Water Resources Development Act of 1986, Public Law 99-662, as amended(33 U S C. 2280), establishes the maximum amount of costs for the Authorized Project and sets forth procedures for adjusting such maximum amount, WHEREAS, the Government and a non-Federal interest entered into an agreement, dated ' May 17, 2007 for engineering and design of the Project(hereinafter the "Design Agreement"), under the terms of which the non-Federal interest contributed a portion of the costs for engineering and design, WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended (42 U S.0 1962d-5b), and Section 1030) of the Water Resources Development Act of 1986, Public Law 99-662, as amended(33 U.S C 22130)), provide, inter alia, that the Secretary of the Army shall not commence construction of any water resources project, or separable element thereof, until each non-Federal interest has entered into a written agreement to furnish its required cooperation for the project or separable element; WHEREAS, the Government and Non-Federal Sponsors have the full authority and ' capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terns of this Agreement; and WHEREAS, the Government and the Non-Federal Sponsors, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsors through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non- Federal Sponsors, and facilitate the successful implementation of the Project. NOW, THEREFORE, the Government and the Non-Federal Sponsors agree as follows: ' ARTICLE I - DEFINITIONS A. The tern"Project" shall mean construction of an 800' side channel providing salmonid refuge habitat in high-flow and low-flow conditions at the Green River Park (Riverview Park) site, as generally described in the final report of the Chief of Engineers, dated December 29, 2000, and in the"Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report,"dated October 2000 B. The term"total project costs" shall mean the sum of all costs incurred by the City and the Government in accordance with the terms of this Agreement directly related to construction of , the Project. Subject to the provisions of this Agreement, the term shall include, but is not necessarily limited to the Government's share of Preconstruction Engineering and Design costs City of Kent Green Duwamish Riverview Park PPA ' pursuant to the terms of the Design Agreement; the value of the contributions provided by a non- Federal interest pursuant to the terms of the Design Agreement; the Government's engineering and design costs during construction; the City's and the Government's costs of investigations to identify the existence and extent of hazardous substances in accordance with Article XIV A of this ' Agreement; the Government's costs of historic preservation activities in accordance with Article XVILA. and Article XVILB I of this Agreement; the Government's costs of monitoring in accordance with Article It H and Article Il.I. of this Agreement, the Government's costs of adaptive management in accordance with Article ii J and Article 11 K. of this Agreement, the Government's actual construction costs, the Government's supervision and administration costs, the City's and the Government's costs of participation in the Project Coordination Team in accordance with Article V of this Agreement, the Government's costs of contract dispute settlements or awards; the value of lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material for which the Government affords credit in accordance with Article IV of this Agreement or for which reimbursement by the Government is required pursuant to Article II.B.3 of this Agreement, and the City's and the Government's costs of audit in accordance with Article X.B and Article X C. of this Agreement The term does not include any costs for operation, maintenance, repair, rehabilitation, or replacement of the Project, any costs of betterments under Article II.G.2 of this Agreement; any costs of dispute resolution under Article VII of this Agreement; the Government's costs for data recovery activities associated with historic preservation in accordance with Article XVII B 2 and Article XVII B.3. of this Agreement; the City's costs of negotiating this Agreement, or any costs incurred by DNR C. The term"period of construction" shall mean the time from the date the Government issues the solicitation for the first construction contract for the Project or commences construction of the Project using the Government's own forces, whichever is earlier, to the date that construction, monitoring, and, if necessary, adaptive management of the Project are complete, as determined by the Government, or the date that this Agreement is terminated in accordance with Article XIII or Article XIV.C, of this Agreement, whichever is earlier D, The term"financial obligations for construction"shall mean the financial obligations of the Government that result or would result in costs that are or would be included in total project costs except for obligations pertaining to the provision of lands, easements, and rights-of-way, the performance of relocations, and the construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material E. The term"non-Federal proportionate share" shall mean the ratio of the City's total contribution of funds required by Article II B 2 of this Agreement to financial obligations for construction, as projected by the Government. ' F. The term"highway"shall mean any highway,roadway, street, or way, including any bridge thereof, that is owned by a public entity G. The term "relocation" shall mean providing a functionally equivalent facility to the owner of a utility, cemetery, highway, railroad, or public facility when such action is authorized in accordance with applicable legal principles ofjust compensation; or providing a functionally City of Kent 1 Green Duwamish Riverview Park PPA equivalent facility when such action is specifically provided for, and is identified as a relocation, in the authorizing legislation for the Project or any report referenced therein Providing a functionally equivalent facility may take the form of alteration, lowering, raising, or replacement and attendant demolition of the affected facility or part thereof. H. The term "functional portion of the Project" shall mean a portion of the Project for which construction has been completed and that can function independently, as determined by the U S. Army Engineer, Seattle District (hereinafter the "District Engineer") in writing, although the remainder of the Project is not complete I The term"betterment" shall mean a difference in the construction of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to the construction of that element The term does not include any construction for features not included in the Project as defined in paragraph A of , this Article. J. The term"Federal program funds" shall mean funds provided by a Federal agency, , other than the Department of the Army, plus any non-Federal contribution required as a matching share therefor. K. The term'fiscal year" shall mean one year beginning on October 1 and ending on , September 30 L. The term "monitoring" shall mean activities, including the collection and analysis of data, that are necessary to determine if predicted outputs of the Project are being achieved and to determine if adaptive management is necessary. M. The term"adaptive management"shall mean measures taken to adjust the Project in response to the monitoring results so that the predicted outputs of the Project are achieved following its construction. The term includes, but is not necessarily limited to, modifications of structures, or adjustments to operation or management, of the Project N. The term "DNR Parcel" means approximately acres of aquatic lands owned by the State of Washington and administered by the DNR that is located on or adjacent to Government Lot 2 in Section 24, and Government Lot 3 in Section 25, all within Township 22 North, Range 4 East, W M in City of Kent, King County, Washington, along the right bank of the Green River ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSORS , A. The Government. subject to receiving funds appropriated by the Congress of the United States(hereinafter the"Congress") and using those funds and funds provided by the City, expeditiously shall construct the Project, applying those procedures usually applied to Federal , projects, in accordance with Federal laws,regulations, and policies City of Kent Green Duwamish Riverview Park PPA 1. The Government shall not issue the solicitation for the first contract for 1 construction of the Protect or commence construction of the Protect using the Government's own forces until the City has confirmed in writing its willingness to proceed with the Protect. 2. The Government shall afford the City the opportunity to review and comment on the solicitations for all contracts, including relevant plans and specifications, prior to the Government's issuance of such solicitations. To the extent possible, the Government shall afford the City the opportunity to review and comment on all proposed contract modifications, including change orders In any instance where providing the City with notification of a contract modification is not possible prior to execution of the contract modification, the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the City the opportunity to review and comment on all contract claims prior to ' resolution thereof The Government shall consider in good faith the comments of the City, but the contents of solicitations, award of contracts or commencement of construction using the Government's own forces, execution of contract modifications, resolution of contract claims, and performance of all work on the Protect shall be exclusively within the control of the Government. 3 At the time the District Engineer furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Project, the District Engineer shall furnish a copy thereof to the City. 4. [This provision is optional and must be requested by the sponsor ]Notwithstanding paragraph A.2 of this Article, if the award of any contract for construction, monitoring, or adaptive management of the Project, or continuation of construction, monitoring, or adaptive management of the Project using the Government's own forces, would result in total protect costs exceeding $ , (the amount cannot be less than total project costs shown in Article V1.A.1.)the Government and the City agree to defer award of that contract, award of all remaining contracts for construction, monitoring, or adaptive management of the Project, and continuation of construction, monitoring, or adaptive management of the Project using the Government's own forces until such time as the Government and the City agree in writing to proceed with further contract awards for the Project or the continuation of construction, monitoring, or adaptive management of the Protect using the Government's own forces, but in no event shall the award of contracts or the continuation of construction, monitoring, or adaptive management of the Project using the Government's own forces be deferred for more than three years Notwithstanding this general provision for deferral, in the event the Assistant Secretary of the Army (Civil Works) makes a written determination that the award of such contract or contracts or continuation of construction, monitor ing, or adaptive management of the Project using the Government's own forces must proceed in order to comply with law or to protect human life or property from imminent and substantial harm, the Government, after consultation with the City, may award a contract or contracts, or continue with construction, monitoring, or adaptive management of the Protect using the Government's own forces. 5. As of the effective date of this Agreement, $7,755,000of Federal funds have been provided by Congress for the Authorized Project of which $ is currently projected City of Kent Green Duwamish Riverview Park PPA to be available for the Project. The Government makes no commitment to request Congress to provide additional Federal funds for the Authorized Project or the Project Further, the Government's financial participation in the Protect is limited to the Federal funds that the Government makes available to the Project. B. The City shall contribute 35 percent of total project costs in accordance with the provisions of this paragraph. 1 In accordance with Article III of this Agreement, the Non-Federal Sponsors shall , provide all lands, easements, and rights-of-way, including those required for relocations, the borrowing of material, and the disposal of dredged or excavated material, shall perform or ensure performance of all relocations, and shall construct improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that the Government determines to be required or to be necessary for construction, operation, and maintenance of the Project 2. The City shall provide funds in accordance with Article VI.B. of this Agreement in the amount necessary to meet the City's required share of 35 percent of total project costs if the Government projects at any time that the collective value of the following contributions will be less than such required share (a) the value of the contributions provided by a non-Federal interest pursuant to the terms of the Design Agreement, (b) the value of the Non-Federal Sponsors' contributions under paragraph B 1. of this Article, as determined in accordance with Article IV of this Agreement; and(c) the value of the Non-Federal Sponsors' contributions under Article V, Article X, and Article XIV.A of this Agreement 3. The Government, subject to the availability of funds, shall refund or reimburse to , the City any contributions in excess of 35 percent of total protect costs if the Government determines at any time that the collective value of the following contributions has exceeded 35 percent of total project costs: (a) the value of the City's contributions under paragraph B.2 of this Article; (b)the value of the contributions provided by a non-Federal interest pursuant to the terms of the Design Agreement; (c) the value of the Non-Federal Sponsors' contributions under paragraph B.1. of this Article, as determined in accordance with Article IV of this Agreement, and , (d) the value of the City's contributions under Article V, Article X, and Article XIV A of this Agreement After such a determination, the Government, in its sole discretion, may acquire any remaining lands, easements, and rights-of-way required for the Project,perform any remaining , relocations necessary for the Project, or construct any remaining improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material required for the Project on behalf of the City. Notwithstanding the acquisition of lands, easements, and rights- of-way, performance of relocations, or construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material by the Government under this paragraph, the City shall be responsible, as between the Government and the City, for any costs of cleanup and response in accordance with Article XIV C. of this Agreement. C. When the District Engineer determines that except for monitoring and adaptive management, the entire Protect, or a functional portion of the Project, is complete, the District City of Kent Green Duwamish Riverview Park PPA , t Engineer shall so notify the City in writing and furnish the City with a final Operation, Maintenance, Repair, Rehabilitation, and Replacement Manual (hereinafter the "OMRR&R Manual") or, if the final OMRR&R Manual is not available, an interim OMRR&R Manual for the entire Project or such completed portion. Upon such notification, the Government also shall furnish to the City a copy of all final as-built drawings for the entire Project or such completed portion if such drawings are available Not later than 6 months after such notification by the Government that the entire Project is complete, the Government shall furnish the City with the final OMRR&R Manual and all final as-built drawings for the entire Project In the event the final OMRR&R Manual or all final as-built drawings for the entire Project cannot be completed within the 6 month period, the Government shall provide written notice to the City, and the 1 Government and the City shall negotiate an acceptable completion date for furnishing such documents Further, after completion of all contracts for the Project, copies of all of the Government's Written Notices of Acceptance of Completed Work for all contracts for the Project that have not been provided previously shall be provided to the City D Upon notification from the District Engineer in accordance with paragraph C of this Article, the City shall operate, maintain, repair, rehabilitate, and replace the entire Project, or the functional portion of the Project as the case may be, in accordance with Article VIII of this Agreement. Concurrent with the City's performance of operation, maintenance, repair, rehabilitation, and replacement for the completed Project or such completed portion. the Government shall perform monitoring and, if necessary, adaptive management in accordance with the provisions of this Agreement. E. Upon the District Engineer's determination that, except for monitoring and adaptive management, the entire Project is complete, the Government shall conduct an interim accounting, 1 in accordance with Article Vi C. of this Agreement, and furnish the results to the City. Further, upon conclusion of the period of construction the Government shall amend the interim accounting to complete the final accounting, in accordance with Article VI C. of this Agreement, and furnish the results to the City. F. The City shall not use Federal program funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the Federal portion of such funds verifies in writing that expenditure of such funds for such purpose is expressly authorized by Federal law G. The City may request the Government to perform or provide, on behalf of the City, one or more of the services (hereinafter the "additional work") described in this paragraph Such requests shall be in writing and shall describe the additional work requested to be performed or provided. If in its sole discretion the Government elects to perform or provide the requested additional work or any portion thereof, it shall so notify the City in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement In the event of conflict between such a writing and this Agreement, this Agreement shall control The City shall be solely responsible for all costs of the additional work performed or provided by the Government under this paragraph and shall pay all such costs in accordance with Article VI.D. of this Agreement City of Kent Green Duwannsh Riverview Park PPA 1. Acquisition of lands, easements, and rights-of-way;performance of ' relocations; or construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material for the Project Notwithstanding acquisition ' of lands, easements, and rights-of-way, performance of relocations, or construction of improvements by the Government, the City shall be responsible, as between the Government and the City, for any costs of cleanup and response in accordance with Article XIV C. of this Agreement. 2. Inclusion of betterments in the construction of the Project. In the event the ' Government elects to include any such betterments, the Government shall allocate the costs of the Project features that include betterments between total project costs and the costs of the betterments. H. Prior to completion of construction of the Project, the Government, in consultation , with the City and, as appropriate, other concerned agencies, shall finalize the plan for monitoring of the Project. The monitoring plan shall describe the specific parameters to be monitored, how these parameters relate to achieving the desired outcomes and to ascertaining whether adaptive management measures for the Project will be necessary, methods for measuring those parameters, frequency and duration of monitoring of the Project, criteria for measuring the success of the Protect; preparation and distribution of monitoring reports and other coordination requirements; and estimated monitoring costs. I. Upon providing notification to the City the Project is complete in accordance with , paragraph C of this Article, the Government shall perform monitoring ofthe Project to accordance with the monitoring plan for a period of 5 consecutive years from the date of such notification However, the monitoring of the Project by the Government shall end prior to the expiration of such period upon the occurrence of either of the following events- (1) the award of the next contract for monitoring of the Project, or continuation of monitoring of the Project using the Government's own forces, would result in the costs incurred for monitoring of all the features for ecosystem restoration in the Authorized Project exceeding 7 (You need to see the Deviation Report for Site I ) percent of the amount equal to total project costs of the Project plus the costs for all other ecosystem restoration separable elements of the Authorized Project minus the costs for monitoring and adaptive management of all the features for ecosystem restoration in the Authorized Project, or(2) the District Engineer determines that continued monitoring of the Project is not necessary. J Applying the criteria specified in the monitoring plan, the Government shall determine whether adaptive management of the Project is necessary. The Government may make such a determination at any time during the monitoring period described in paragraph I of this Article. Within 120 calendar days after the expiration or termination of such monitoring period, the Government shall make a final determination of whether adaptive management of the Project is necessary. In making such determinations, the Government shall consult with the City and, as appropriate, with other concerned agencies Upon any determination by the Government that adaptive management of the Project is necessary, the Government shall notify the City in writing of its determination and expeditiously shall perform such adaptive management in accordance with paragraph K. of this Article. If, after the expiration or termination of such monitoring City of Kent Green Duwamish Riverview Park PPA , period, the Government determines that adaptive management of the Project is not necessary, the Government shall notify the City in writing of its determination and shall conduct an accounting m accordance with paragraph E of this Article K If the Government determines, pursuant to paragraph J of this Article, that adaptive management of the Project is necessary, the Government, in consultation with the City and, as appropriate, other concerned agencies, shall perform adaptive management of the Project in accordance with the provisions of this paragraph and paragraph A. of this Article. I In no event shall the award of any contract for adaptive management of the Project, or continuation of adaptive management of the Project using the Government's own forces, result in the costs incurred for monitoring and adaptive management of all the features for ecosystem restoration in the Authorized Project exceeding 7 percent of the amount equal to total project costs of the Project plus the costs for all other ecosystem restoration separable elements of the Authorized Project minus the costs for monitoring and adaptive management of all the features for ecosystem restoration in the entire Authorized Project As of the effective date of this I Agreement, the costs of monitoring and adaptive management of the entire Authorized Project are estimated to be $60,000. 2. When the District Engineer determines that adaptive management of the Project is complete, or that the costs for monitoring and adaptive management have or will exceed the 7 percent amount determined in accordance with sub-paragraph 1 of this paragraph, the District Engineer shall a) notify the City in writing of such determination; b) furnish the City with an amended OMRR&R Manual that reflects any modifications to structures or adjustments to operation or management methods; c) furnish the City with a copy of any new or revised as- built drawings for the Project, and d) within 30 calendar days after such notice,conduct a final accounting in accordance with paragraph E. of this Article 3. Upon notification from the District Engineer in accordance with sub-paragraph 2. of this paragraph, the City shall operate, maintain, repair, rehabilitate, and replace the entire Project in accordance with Article V IiI of this Agreement. L. The Non-Federal Sponsors shall prevent obstructions or encroachments on the Project (including prescribing and enforcing regulations to prevent such obstructions or encroachments) such as any new developments on Project lands, easements, and rights-of-way or the addition of facilities which might reduce the outputs produced by the Project, hinder operation and maintenance of the Project, or interfere with the Project's proper function M The Non-Federal Sponsors shall not use the Project, or the lands, easements, and rights-of-way required pursuant to Article III of this Agreement, as a wetlands bank or mitigation credit for any other project. N The parties to this Agreement acknowledge and agree that the obligations and responsibilities of DNR under the provisions of this Agreement are limited to providing the DNR Parcel for the construction, operation, maintenance, repair, rehabilitation, and replacement of the Project in accordance with the provisions of this Agreement. City of Kent Green Duwamish Riverview Park PPA ARTICLE III - LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS, DISPOSAL AREA IMPROVEMENTS, AND COMPLIANCE WITH PUBLIC LAW 91-646, AS AMENDED , A. The Government, after consultation with the Non-Federal Sponsors, shall determine the lands, easements, and rights-of-way required for construction, operation, and maintenance of the Project, including those required for relocations, the borrowing of material, and the disposal of dredged or excavated material The Government in a timely manner shall provide the Non- Federal Sponsors with general written descriptions, including maps as appropriate, of the lands, easements, and rights-of-way that the Government determines the Non-Federal Sponsors must provide, in detail sufficient to enable the Non-Federal Sponsors to fulfill their obligations under this paragraph The Government also shall provide the City with a written notice to proceed with acquisition of such lands, easements, and rights-of-way that the City must provide Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government incurring any financial obhgationr for construction of a portion of the Project using the Government's own forces, the City shall acquire all lands, easements, and rights-of- way the Government determines the City must provide for that work and shall provide the Government with authorization for entry thereto. Furthermore,prior to the end of the period of construction, the City shall acquire all lands, easements, and rights-of-way required to be provided by the City for construction, operation, and maintenance of the Project, as set forth in such descriptions, and shall provide the Government with authorization for entry thereto. Prior to the issuance of the solicitation for a Government contract for construction of the Project, or prior to the Government incurring any financial obligations for construction of a portion of the Project using the Government's own forces, for which the Government determines that the DNR , Parcel is required, the DNR shall provide the Government with an authorization for entry to the DNR Parcel The City shall ensure that lands, easements, and rights-of-way that the Government determines to be required for the Project and that were provided by the City are retained in public ownership for uses compatible with the authorized purposes of the Project. The DNR shall ensure that the DNR Parcel that the Government determines to be required for the Project and that was provided by the DNR is retained in public ownership for uses compatible with the authorized purposes of the Project. B The Government, after consultation with the City, shall determine the relocations necessary for construction, operation, and maintenance of the Project, including those necessary to enable the borrowing of material or the disposal of dredged or excavated material. The Government in a timely manner shall provide the City with general written descriptions, including maps as appropriate, of such relocations in detail sufficient to enable the City to fulfill its obligations under this paragraph, and shall provide the City with a written notice to proceed with such relocations. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government incurring any financial obligations for construction of a portion of the Project using the Government's own forces, the City shall prepare or ensure the preparation of plans and specifications for, and perform or ensure the performance of, all relocations the Government determines to be necessary for that work. Furthermore, prior to the end of the period of construction, the City shall perform or ensure performance of all relocations as set forth in such descriptions. City of Kent Green Duwamish Riverview Park PPA ' C. The Government, after consultation with the City, shall determine the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material associated with construction, operation, and maintenance of the Project. Such improvements may include, but are not necessarily limited to,retaining dikes,wasteweirs, bulkheads, embankments, monitoring features, stilling basins, and de-watering pumps and pipes. The Government in a timely manner shall provide the City with general written descriptions, including maps as appropriate, of such improvements in detail sufficient to enable the City to fulfill its obligations under this paragraph, and shall provide the City with a written notice to proceed with construction of such improvements Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government incurring any financial obligations for construction of a portion of the Project using the Government's own forces,the City shall prepare plans and specifications for all improvements the Government determines to be required for the disposal of dredged or excavated material under that contract, submit such plans and specifications to the Government for approval, and provide such improvements in accordance with the approved plans and specifications Furthermore, prior to the end of the period of construction, the City shall provide all improvements set forth in such descriptions. D The City shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended (42 U S C. 4601-4655), and the Uniform Regulations contained in 49 C.F R Part 24, in acquiring lands, easements, and rights-of-way required for construction, operation, and maintenance of the Project, including those required for relocations, the borrowing of material, or the disposal of dredged or excavated material, and shall inform all affected persons of applicable benefits,policies, and procedures in connection with said Act. ARTICLE IV - CREDIT FOR VALUE OF LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS, AND DISPOSAL AREA IMPROVEMENTS A. The Government shall include in total project costs and afford credit toward the City's share of total project costs for the value of the lands, easements, and nghts-of-way that the Non- Federal Sponsors must provide pursuant to Article III A. of this Agreement, for the value of the relocations that the City must perform or for which it must ensure performance pursuant to Article I1L13 of this Agreement, and for the value of the improvements required on lands, easements, and nghts-of-way to enable the disposal of dredged or excavated material that the City must provide pursuant to Article IILC of this Agreement However, no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of any lands, easements, nghts-of-way, relocations, or improvements required on lands, easements, and nghts-of-way to enable the disposal of dredged or excavated material that have been provided previously as an item of cooperation for another Federal project In addition, no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of lands, easements, nghts-of-way, relocations, or improvements required on lands, ' easements, and nghts-of-way to enable the disposal of dredged or excavated material that were acquired or performed using Federal program funds unless the Federal agency providing the City of Kent ' Green Duwamish Riverview Park PPA Federal portion of such funds verifies in writing that affording credit for the value of such items is expressly authorized by Federal law B. The City in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the value of any contribution provided pursuant to Article IILA, Article III B, or Article III C. of this Agreement Upon receipt of such documents, the Government in a timely manner shall determine the value of such contributions for the purpose of including such value in total project costs and for determining the amount of credit to be afforded or reimbursement to be provided in accordance with the provisions of this Agreement. C. For the purposes of determining the value to be included in total project costs and the amount of credit to be afforded or reimbursement to be provided in accordance with this Agreement and except as otherwise provided in paragraph G of this Article, the value of lands, easements, and rights-of-way, including those required for relocations, the borrowing of material, and the disposal ' of dredged or excavated material, shall be the fair market value of the real property interests, plus certain incidental costs of acquiring those interests, as determined in accordance with the provisions of this paragraph. 1. Date of Valuation. The fair market value of lands, easements, or rights-of-way owned by the City on the effective date of this Agreement shall be the fair market value of such real ' property interests as of the date the City provides the Government with authorization for entry thereto. The fair market value of lands, easements, or nghts-of-way acquired by the City after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired. The fair market value of the DVR Parcel provided by DNR shall be the fair market value of such parcel as of the date that DNR provides the Government with authorization for entry thereto , 2. General Valuation Procedure Except as provided in paragraph C.3. or paragraph C 5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph a. The City shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the City and the Government The City shall provide the Government with the appraisal no later than 6 months after the City provides the Government with an authorization for entry for such real property interest The appraisal must be prepared in accordance with the applicable rules ofjust compensation, as specified by the Government. The fair market value shall be the amount set forth in the City's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the City's appraisal, the City may obtain a second appraisal, and the fair market value shall be the amount set forth in the City's second appraisal, if such appraisal is approved by the Government In the event the Government does not approve the City's second appraisal, the City chooses not to obtain a second appraisal, or the City does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government's appraisal, if such appraisal is approved by the City. In the event the City does not approve the Government's appraisal, the Government, after consultation with the City, shall City of Kent Green Duwamish Riverview Park PPA consider the Government's and the City's appraisals and determine an amount based thereon,which shall be deemed to be the fair market value. b. Where the amount paid or proposed to be paid by the City for the real property interest exceeds the amount determined pursuant to paragraph C 2 a of this Article, the Government, at the request of the City, shall consider all factors relevant to deternuning fair market value and, in its sole discretion, after consultation with the City, may approve in writing an amount ' greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the City,but no less than the amount determined pursuant to paragraph C.2.a of this Article. 3. Eminent Domain Valuation Procedure. For lands, easements, or rights-of-way acquired by eminent domain proceedings instituted after the effective date of this Agreement, the City, prior to instituting such proceedings, shall submit to the Government notification in writing of its intent to institute such proceedings and an appraisal of the specific real property interests to be acquired in such proceedings The Government shall have 60 calendar days after receipt of such a notice and appraisal within which to review the appraisal, if not previously approved by the Government in writing. a. If the Government previously has approved the appraisal in writing, or if the Government provides written approval of, or takes no action on, the appraisal within such 60 day period, the City shall use the amount set forth in such appraisal as the estimate ofjust compensation for the purpose of instituting the eminent domain proceeding b. If the Government provides written disapproval of the appraisal, including the reasons for disapproval,within such 60 day period, the Government and the City shall consult in good faith to promptly resolve the issues or areas of disagreement that are identified in the Government's written disapproval. If, after such good faith consultation, the Government and the City agree as to an appropriate amount, then the City shall use that amount as the estimate ofjust compensation for the purpose of instituting the eminent domain proceeding If, after such good I faith consultation, the Government and the City cannot agree as to an appropriate amount, then the City may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding c. For lands, easements, or rights-of-way acquired by eminent domain proceedings instituted in accordance with paragraph C 3 of this Article, fair market value shall be either the amount of the court award for the real property interests taken, to the extent the Government determined such interests are required for construction, operation, and maintenance of the Project, or the amount of any stipulated settlement or portion thereof that the Government approves in writing 4. Incidental Costs For lands, easements, or rights-of-way acquired by the City ' within a five year period preceding the effective date of this Agreement, or at any time after the effective date of this Agreement, the value of the interest shall include the documented incidental costs of acquiring the interest, as determined by the Government, subject to an audit in accordance City of Kent Green Duwamish Riverview Park PPA with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs In the event the Government modifies its determination made pursuant to Article III A of this Agreement, the Government shall afford credit for the documented incidental costs associated with preparing to acquire the lands, easements, or rights-of-way identified in the original determination, subject to an audit in accordance with Article X.0 of this Agreement to determine reasonableness, allocability, and allowability of such costs Such incidental costs shall include, but not necessarily be limited to, closing and title costs, appraisal costs, survey costs, attorney's fees,plat maps, mapping costs, actual amounts expended for payment of any relocation , assistance benefits provided in accordance with Article III D of this Agreement, and other payments by the City for items that are generally recognized as compensable, and required to be paid, by applicable state law due to the acquisition of a real property interest in accordance with , Article III of this Agreement The value of the interests provided by the City in accordance with Article III.A. of this Agreement shall also include the documented costs of obtaining appraisals pursuant to paragraph C 2. of this Article, as determined by the Government, and subject to an audit in accordance with Article X.0 of this Agreement to determine reasonableness, allocability, and allowability of such costs. 5 Waiver of Appraisal Except as required by paragraph C.3. of this Article, the Government may waive the requirement for an appraisal pursuant to this paragraph if it determines that an appraisal is unnecessary because the valuation is uncomplicated and that the estimated fair market value of the real property interest is $10,000 or less based upon a review of available data In such event, the Government and the City must agree in writing to the value of such real property interest in an amount not in excess of$10,000 D After consultation with the City, the Government shall determine the value of relocations in accordance with the provisions of this paragraph 1. For a relocation other than a highway, the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any removed items. 2. For a relocation of a highway, the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of Washington would apply under similar conditions of geography and traffic load, reduced by the salvage value of any removed items. 3 Relocation costs shall include, but not necessarily be limited to, actual costs of performing the relocation,planning, engineering and design costs, supervision and administration costs; and documented incidental costs associated with performance of the relocation, as determined by the Government Relocation costs shall not include any costs due to betterments, as determined by the Government, nor any additional cost of using new material when suitable used material is available. Relocation costs shall be subject to an audit in accordance with Article X C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. E. The value of the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material shall be the costs of the improvements, as determined by the Government, subject to an audit in accordance with Article X.C. of this City of Kent Green Duwamish Riverview Park PPA Agreement to determine reasonableness, allocability, and allowability of such costs Such costs shall include, but not necessarily be limited to, actual costs of providing the improvements; ' planning, engineering and design costs, supervision and administration costs, and documented incidental costs associated with providing the improvements, but shall not include any costs due to betterments, as determined by the Government. F. Any credit afforded or reimbursement provided under the terms of this Agreement for the value of relocations, or improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material,performed within the Protect boundaries is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction, including,but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.0 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 U S C 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S C 327 et seq.) and the Copeland Anti-Kickback Act (formerly 40 U.S C 276c)). Notwithstanding any other provision of this Agreement, credit or reimbursement may be withheld, in whole or in part, as a result of the City's failure to comply with its obligations under these laws. G. Where the Government, on behalf of the City pursuant to Article ILG 1. of this Agreement, acquires lands, easements, or rights-of-way, performs relocations, or constructs improvements required on lands, easements, or rights-of-way to enable the disposal of dredged or excavated material, the value to be included in total project costs and the amount of credit to be 1 afforded or the amount of reimbursement provided in accordance with this Agreement shall be the costs of such work performed or provided by the Government that are paid by the City in accordance with Article VI.D. of this Agreement. In addition, the value to be included in total ' project costs and the amount of such credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall include the documented costs incurred by the City in accordance with the terms and conditions agreed upon in writing pursuant to Article ILG.1. of this Agreement subject to an audit in accordance with Article X C of this Agreement to determine reasonableness, allocabihty, and allowabihty of such costs ARTICLE V -PROJECT COORDINATION TEAM A. To provide for consistent and effective communication, the City and the Government, not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Project Coordination Team Thereafter, the Project Coordination Team shall meet regularly until the end of the period of construction The Government's Project Manager and a counterpart named by the City shall co-chair the Project Coordination Team ' B The Government's Project Manager and the City's counterpart shall keep the Project Coordination Team informed of the progress of construction and of significant pending issues and actions, and shall seek the views of the Project Coordination Team on matters that the Project Coordination Team generally oversees. City of Kent Green Duwamish Riverview Park PPA I C Until the end of the period of construction, the Project Coordination Team shall generally oversee the Project, including matters related to- plans and specifications, scheduling; real property and relocation requirements, real property acquisition; contract awards and modifications, contract costs; the application of and compliance with 40 U.S C. 3141-3148 and 40 U.S.0 3701- 3708 (revising, codifying and enacting without substantive change the provisions of the Davis- Bacon Act(formerly 40 U S.0 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.) and the Copeland Anti-Kickback Act (formerly 40 U.S.C. 276c)) for relocations and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material; the investigations to identify the existence and extent of hazardous substances in accordance with Article XIV.A. of this Agreement; historic preservation activities in accordance with Article XVII of this Agreement; the Government's cost projections; , final inspection of the entire Project or functional portions of the Protect; preparation of the proposed OMRR&R Manual, finalization of the monitoring plan, performance of monitoring and adaptive management; anticipated requirements and needed capabilities for performance of ' operation, maintenance, repair, rehabilitation, and replacement of the Project including issuance of permits; and other matters related to the Project This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the City. D. The Project Coordination Team may make recommendations to the District Engineer on matters related to the Project that the Project Coordination Team generally oversees, including , suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Project Coordination Team. The Government, having the legal authority and responsibility for construction of the Project, has the discretion to accept or reject, in whole or in part, the Project Coordination Team's recommendations E The City's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocabihty, and allowability of such costs. The Government's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement. F. At the election of DNR, representatives of the DNR may participate in the activities of the Project Coordination Team, but are not be required to do so If DNR representatives participate in the activities of the Project Coordination Team, DNR's costs of participation shall not be included in total project costs and shall be borne solely by DNR. ARTICLE VI - METHOD OF PAYMENT A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the City current projections of costs, financial obligations, contributions provided by the parties, and the value included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and j rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement. City of Kent Green Duwamish Riverview Park PPA 1. As of the effective date of this Agreement, total project costs are projected to 1 be $ ; the City's contribution of funds required by Article II.B 2. of this Agreement is projected to be $ , the non-Federal proportionate share is projected to be percent, the City's contribution of funds required by Article XVII B 3 of this Agreement is projected to be $ , the value included in total project costs for lands, easements, rights- of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement is projected to be $ ; and the Government's total financial obligations for the additional work to be incurred and the City's contribution of funds for such costs required by Article ILG. of this Agreement are projected to be $ . These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the City, and are not to be construed as the total financial responsibilities of the Government and the City ' 2. By April 1, 2010 and by each quarterly anniversary thereof until the conclusion of the period of construction and resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall provide the City with a report setting forth all contributions provided to date and the current projections of the following total project costs; the Non-Federal Sponsor's total contribution of funds required by Article II.B 2. of this Agreement, the non-Federal proportionate share, the City's total contribution of funds required by Article XVII B.3. of this Agreement; the total contribution of funds required from the City for the upcoming fiscal year, the maximum amount determined in accordance with Article XX of this Agreement, the value included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement, and the Government's total financial obligations for additional work incurred and the City's contribution of funds for such costs required by Article 11 G. of this Agreement B The City shall provide the contributions of funds required by Article II B 2. and Article XVII.B.3. of this Agreement in accordance with the provisions of this paragraph 1. Not less than 30 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for construction of the Project or commencement of construction of the Project using the Government's own forces, the Government shall notify the City in writing of such scheduled date and the funds the Government determines to be required from the City , after consideration of any cash contribution provided by a non-Federal interest pursuant to the terms of the Design Agreement, to meet: (a) the non-Federal proportionate share of financial obligations for construction incurred prior to the commencement of the period of construction, (b) the projected non-Federal proportionate share of financial obligations for construction to be incurred in the first fiscal year , or, if use of a continuing contract has been approved pursuant to Federal laws, regulations, and policies, the projected non-Federal proportionate share of financial obligations for construction through the first fiscal year, and (c) the City's share of the projected financial obligations for data recovery activities associated with historic preservation pursuant to Article XVII B 3 of this Agreement to be incurred in the first fiscal year, or, if use of a continuing contract has been approved pursuant to Federal laws, regulations, and policies, the City's share of the projected financial obligations for data recovery City of Kent Green Duwamish Riverview Park PPA activities associated with historic preservation pursuant to Article XVII.B 3 of this Agreement through the first fiscal year Not later than such scheduled date, the City shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO, USAED, Seattle District" to the District Engineer, or verifying to the satisfaction of the Government that the City has deposited such required funds in an escrow or other account , acceptable to the Government, with interest accruing to the City, or by presenting the Government with an irrevocable letter of credit acceptable to the Government for such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. Thereafter, until the construction of the Project is complete, the Government shall notify the City in writing of the funds the Government determines to be required from the City, and the City shall provide such funds in accordance with the provisions of this paragraph. a Where the Government will use a continuing contract approved pursuant to Federal laws, regulations, and policies to make financial obligations for construction of the Project or financial obligations for data recovery activities associated with historic preservation pursuant to Article XVILB.3. of this Agreement, the Government shall notify the City in writing, no later than 60 calendar days prior to the beginning of each fiscal year in which the Government projects that it will make such financial obligations, of the funds the Government determines to be required from the City, after consideration of any cash contribution provided by a non-Federal interest pursuant to the terms of the Design Agreement, to meet (a) the projected non-Federal proportionate share of financial obligations for construction for that fiscal year for such continuing contract and (b) the City's share of the projected financial obligations for data recovery activities associated with historic preservation pursuant to Article XVII B 3. of this Agreement for that fiscal year for such continuing contract. No later than 30 calendar days prior to the beginning of that fiscal year, the City shall make the full amount of such required funds for that fiscal year available to the Government through any of the payment mechanisms specified in paragraph B I of this Article. b. For each contract for the Project where the Government will not use a continuing contract to make financial obligations for construction or financial obligations for ' data recovery activities associated with historic preservation pursuant to Article XVILB 3. of this Agreement, the Government shall notify the City in writing, no later than 60 calendar days prior to the scheduled date for issuance of the solicitation for such contract, of the funds the Government determines to be required from the City, after consideration of any cash contribution provided by a non-Federal interest pursuant to the terms of the Design Agreement, to meet, (a) the projected non-Federal proportionate share of financial obligations for construction to be incurred for such contract and (b) the City's share of the projected financial obligations for data recovery activities associated with historic preservation pursuant to Article XVII B.3 of this Agreement to be incurred for such contract No later than such scheduled date, the City shall make the full amount of such required funds available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. c. Where the Government projects that it will make financial obligations ' for construction of the Project using the Government's own forces or financial obligations for City of Kent Green Duwamish Riverview Park PPA i Idata recovery activities associated with historic preservation pursuant to Article XVII.B.3. of this Agreement using the Government's own forces, the Government shall notify the City in writing, no later than 60 calendar days prior to the beginning of each fiscal year in which the Government projects that it will make such financial obligations, of the funds the Government determines to be required from the City, after consideration of any cash contribution provided by a non-Federal interest pursuant to the terms of the Design Agreement, to meet (a) the projected non-Federal proportionate share of financial obligations for construction using the Government's own forces for that fiscal year and(b) the City's share of the projected financial obligations for data recovery activities associated with historic preservation pursuant to Article XVII B 3 of this Agreement using the Government's own forces for that fiscal year No later than 30 calendar days prior to the beginning of that fiscal year, the City shall make the full amount of such required funds for that fiscal year available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. The Government shall draw from the funds provided by the City such sums as the Government deems necessary , after consideration of any contributions provided by a non- Federal interest pursuant to the terms of the Design Agreement, to cover (a) the non-Federal proportionate share of financial obligations for construction incurred prior to the commencement of the period of construction; (b) the non-Federal proportionate share of financial obligations for construction as financial obligations for construction are incurred, and (c) the City's share of financial obligations for data recovery activities associated with historic preservation pursuant to Article XVII B 3. of this Agreement as those financial obligations are incurred If at anytime the Government determines that additional funds will be needed from the City to cover the City's share of such financial obligations in the current fiscal year, the Government shall notify the City in writing of the additional funds required and provide an explanation of why additional funds are required Within 60 calendar days from receipt of such notice, the City shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B 1. of this Article. C. Upon the District Engineer's determination that, except for monitoring and adaptive management, the entire Project is complete and all relevant claims and appeals and eminent domain proceedings have been resolved, the Government shall conduct an interim accounting and furnish the results to the City. Further,upon conclusion of the period of construction and resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall amend the interim accounting to complete the final accounting and furnish the results to the City If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting or amend the previous interim accounting, as applicable, and furnish the City with written notice of the results of such interim or amended interim accounting, as applicable. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved, the i Government shall complete the final accounting and furnish the City with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total project costs and the costs of any data recovery activities associated with historic I preservation. In addition, for each set of costs, the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. City of Kent Green Duwamish Riverview Park PPA 1. Should the interim or final accounting, as applicable, show that the City's total required shares of total project costs and the costs of any data recovery activities associated with historic preservation exceed the City's total contributions provided thereto, the City, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Seattle District" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the City for total project costs and the costs of any data recovery activities associated with historic preservation exceed the City's total required shares thereof, the Government, subject to the availability of funds, shall refund or reimburse the excess amount to the City within 90 calendar days of the date of completion of such accounting In the event the City is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the City, the Government shall seek such appropriations as are necessary to make the refund or reimbursement. D The City shall provide the contribution of funds required by Article II G. of this Agreement for additional work in accordance with the provisions of this paragraph. 1 Not less than 30 calendar days prior to the scheduled date for the first financial obligation for additional work, the Government shall notify the City in writing of such scheduled date and of the full amount of funds the Government determines to be required from the City to cover the costs of the additional work. No later than 30 calendar days prior to the Government incurring any financial obligation for additional work, the City shall provide the Government with the full amount of the funds required to cover the costs of such additional work through any of the payment mechanisms specified in paragraph B.1 of this Article 2 The Government shall draw from the funds provided by the City such sums as j the Government deems necessary to cover the Government's financial obligations for such additional work as they are incurred. If at any time the Government determines that the City must provide additional funds to pay for such additional work, the Government shall notify the City in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice, the City shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.l. of this Article. 3. At the time the Government conducts the interim or final accounting, as applicable, the Government shall conduct an accounting of the Government's financial obligations for additional work incurred and furnish the City with written notice of the results of such accounting. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting of additional work from being conducted in a timely manner, the Government shall conduct an interim accounting of additional work and furnish the City with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved, the Government shall amend the interim City of Kent Green Duwamish Riverview Park PPA 1 accounting of additional work to complete the final accounting of additional work and furnish the City with written notice of the results of such final accounting Such interim or final - accounting, as applicable, shall determine the Government's total financial obligations for additional work and the City's contribution of funds provided thereto as of the date of such accounting a. Should the interim or final accounting, as applicable, show that the total obligations for additional work exceed the total contribution of funds provided by the City for such additional work, the City, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference 1 by delivering a check payable to "FAO, USAED, Seattle District" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the City for additional work exceeds the total obligations for such additional work, the Government, subject to the availability of funds, shall refund the excess amount to the City within 90 calendar days of the date of completion of such accounting In the event the City is due a refund and funds are not available to refund the excess amount to the City, the Government shall seek such appropriations as are necessary to make the refund ARTICLE VII - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that 1 party must first notify the other parties in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REHABILITATION, AND REPLACEMENT (OMRR&R) A. Upon receipt of the notification from the District Engineer in accordance with Article II.C. of this Agreement and for so long as the Project remains authorized, the City, pursuant to Article II D of this Agreement, shall operate, maintain, repair, rehabilitate, and replace the entire j Project or functional portion of the Project, at no cost to the Government. The City shall conduct its operation, maintenance, repair, rehabilitation, and replacement responsibilities in a manner compatible with the Prolect's authorized purposes and in accordance with applicable Federal and State laws as provided in Article XI of this Agreement and specific directions prescribed by the Government in the interim or final OMRR&R Manual and any subsequent amendments thereto City of Kent Green Duwamish Riverview Park PPA B The DNR hereby gives the City a right to enter, at reasonable times and in a reasonable manner, upon the DNR Parcel for the purposes of inspection, operation, maintenance, repair, rehabilitation, and replacement of the Project. C. The City hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon property that the City now or hereafter owns or controls for access to the Project for the purpose of inspection and, if necessary, for the purpose of completing, operating, maintaining, repairing, rehabilitating, or replacing the Project. The DNR hereby gives the , Government a right to enter, at reasonable times and in a reasonable manner, upon the DNR Parcel for the purpose of inspection and, if necessary, for the purpose of completing, operating, maintaining, repairing, rehabilitating, or replacing the Project. If an inspection shows that the City for any reason is failing to perform its obligations under this Agreement, the Government shall send a written notice describing the non-performance to the City and to the DNR. If, after 30 calendar days from receipt of such written notice by the Government,the City continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon property that the City now or hereafter owns or controls, and upon the DNR Parcel, for the purpose of completing, operating, maintaining,repairing,rehabilitating, or replacing the Project. No completion, operation, maintenance, repair, rehabilitation, or replacement by the Government shall relieve the City of responsibility to meet the City's obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance pursuant to this Agreement. ARTICLE IX—HOLD AND SAVE The City shall hold and save the Government free from all damages arising from construction, monitoring, adaptive management, operation, maintenance, repair,rehabilitation,and replacement of the Project and any betterments, except for damages due to the fault or negligence of the Government or its contractors B. The City shall hold and save DNR free from all damages arising from the construction, monitoring, adaptive management, operation, maintenance, repair, rehabilitation, and replacement of the Project and any betterments, except for damages due to the fault or negligence of DNR i ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement, the Government and the City shall develop procedures for keeping books,records, documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement These procedures shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C F R Section 33 20 The Government and the City shall maintain such books,records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books, records, 1 City of Kent Green Duwamish Riverview Park PPA , documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations, the Government and the City shall each allow the other to inspect such books, records, documents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26, the City is responsible for complying with the Single Audit Act Amendments of 1996 (31 U S.C. 7501-7507), as implemented by Office of Management and Budget(OMB) Circular No A-133 and Department of Defense Directive 7600 10. Upon request of the City and to the extent permitted under applicable Federal laws and regulations, the Government shall provide to the City and independent auditors any information necessary to enable an audit of the City's activities under this Agreement The costs of any non- Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total project costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. 7503, the Government may conduct audits in addition to any audit that the City is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No A-87 and other applicable cost principles and regulations The costs of Government audits performed in accordance with this paragraph shall be included in total project costs and shared in accordance with the provisions of this Agreement ARTICLE XI - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the City and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto, Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army", and all applicable Federal labor standards requirements including, but not limited to, 40 U.S C. 3141-3148 and 40 U S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 U S C 276a et seq), the Contract Work Hours and Safety Standards Act(formerly 40 U.S.C. 327 et seq.) and the Copeland Anti-Kickback Act(formerly 40 U S.C. 276c)). ARTICLE XII - RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsors each act in an independent capacity, and none is to be considered the officer, agent, or employee of the others. B. In the exercise of its rights and obligations under this Agreement, no party shall provide, without the consent of the other parties, any contractor with a release that waives or purports to City of Kent Green Duwamish Riverview Park PPA waive any rights the other parties may have to seek relief or redress against that contractor either pursuant to any cause of action that the other parties may have or for violation of any law. ARTICLE XIII - TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsors fail to fulfill their obligations under this Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless he determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. B. In the event the Government projects that the amount of Federal funds the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVII.B.2. and Article XVII B 3. of this Agreement that the Government projects to be incurred through the then-current or upcoming fiscal year, as applicable, the Government shall notify the City in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended. Such suspension shall remain in effect until such time that the Government notifies the City in writing that sufficient Federal funds are available to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVII B.2 and Article XVII B.3 of this Agreement the Government projects to be incurred through the then-current or upcoming fiscal year, or the Government or the City elects to terminate this Agreement. C. In the event that the Government and the City determine to suspend future performance under this Agreement in accordance with Article XIV C. of this Agreement, such suspension shall remain in effect until the Government and the City agree to proceed or to terminate this Agreement. In the event that the Government suspends future performance under this Agreement in accordance with Article XIV.C. of this Agreement due to failure to reach agreement with the City on whether to proceed or to terminate this Agreement, or the failure of the City to provide funds to pay for cleanup and response costs or to otherwise discharge the City's responsibilities under Article XIV C. of this Agreement, such suspension shall remain in effect until. 1) the Government and City reach agreement on how to proceed or to terminate this Agreement, 2) the City provides funds necessary to pay for cleanup and response costs and otherwise discharges its responsibilities under Article XIV.0 of this Agreement; 3) the Government continues work on the Project; or 4) the Government terminates this Agreement in accordance with the provisions of Article XIV.C. of this Agreement. D. In the event that this Agreement is terminated pursuant to this Article or Article XIV.C. of this Agreement,both parties shall conclude their activities relating to the Project and conduct an City of Kent Green Duwamish Riverview Park PPA accounting in accordance with Article VI C of this Agreement. To provide for this eventuality, 1 the Government may reserve a percentage of total Federal funds made available for the Project and an equal percentage of the total funds contributed by the City in accordance with Article II B.2 and Article XVII.B 3. of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. E. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article or Article XIV.C. of this Agreement shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the City shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. F. Upon termination in accordance with this article or Article XIV.C., DNR shall be released of any further obligations under this agreement. ARTICLE XIV - HAZARDOUS SUBSTANCES A After execution of this Agreement and upon direction by the District Engineer, the City shall perform, or ensure performance of, any investigations for hazardous substances that the Government or the City determines to be necessary to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act(hereinafter"CERCLA") (42 U S.0 9601-9675),that may exist in, on, or under lands, easements, and rights-of-way that the Government determines, pursuant to Article III of this Agreement, to be required for construction, operation, and maintenance of the Project However, for lands, easements, and rights-of-way that the Government determines to be subject to the navigation servitude, only the Government shall perform such investigations unless the District Engineer provides the City with prior specific written direction, in which case the City shall perform such investigations in accordance with such written direction 1. All actual costs incurred by the City for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.0 of this Agreement to determine reasonableness, allocabihty, and allowability of such costs 2. All actual costs incurred by the Government for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement. B In the event it is discovered through any investigation for hazardous substances or other means that hazardous substances regulated under CERCLA exist in, on, or under any lands, easements, or rights-of-way that the Government determines, pursuant to Article III of this Agreement, to be required for construction, operation, and maintenance of the Project, the City and City of Kent Green Duwamish Riverview Park PPA the Government, in addition to providing any other notice required by applicable law, shall provide prompt written notice to each other, and the City shall not proceed with the acquisition of the real property interests until the parties agree that the City should proceed. ' C. The Government and the City shall determine whether to initiate construction of the Project, or, if already in construction, whether to continue with construction of the Project, suspend future performance under this Agreement, or terminate this Agreement for the convenience of the Government, in any case where hazardous substances regulated under CERCLA are found to exist in, on, or under any lands, easements, or rights-of-way that the Government determines, pursuant to Article III of this Agreement, to be required for construction, operation, and maintenance of the Project Should the Government and the City determine to initiate or continue with construction of the Project after considering any liability that may arise under CERCLA, the City shall be responsible, as between the Government and the City, for the costs of cleanup and response, including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered apart of total project costs. In the event the City does not reach agreement with the Government on whether to proceed or to terminate this Agreement under this paragraph, or fails to provide any funds necessary to pay for cleanup and response costs or to otherwise discharge the City's responsibilities under this paragraph upon direction by the Government, the Government, in its sole discretion, may either terminate this Agreement for the convenience of the Government, suspend future performance under this Agreement, or continue work on the Project. D. The City and the Government shall consult with each other in accordance with Article V of this Agreement in an effort to ensure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA. Any decision made pursuant to paragraph C. of this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As among the Government, DNR, and the City, the City shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable, the City shall operate,maintain,repair,rehabilitate, and replace the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XV - NOTICES A Any notice,request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class, registered, or certified mail, as follows. If to the City- [Add title of person to receive notice.] Public Works Department City of Kent 220 Fourth Ave. S. City of Kent Green Duwamish Riverview Park PPA Kent, WA 98032-5895 If to the State of Washington DNR: Aquatic Land Manager, Washington State Department of Natural Resources South Puget Sound Region 950 Farman Ave N. Enumclaw, WA 99022-9282 If to the Government: Chief, Planning Branch, PPMD Seattle District, Corps of Engineers P.O Box 3755 Seattle, WA 98124-3755 B. A party may change the address to which such communications are to be directed by giving written notice to the other parties in the manner provided in this Article C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed ARTICLE XVI- CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XVII - HISTORIC PRESERVATION A. The Government, as it determines necessary for the Project, shall perform any identification, survey, or evaluation of historic properties Any costs incurred by the Government for such work shall be included in total project costs and shared in accordance with the provisions of this Agreement. B The Government, as it determines necessary for the Project, shall perform or ensure the performance of any mitigation activities or actions for historic properties or that are otherwise associated with historic preservation including data recovery activities. 1. Any costs incurred by the Government for such mitigation activities, except for data recovery activities associated with historic preservation, shall be included in total project costs and shared in accordance with the provisions of this Agreement City of Kent Green Duwamish Riverview Park PPA 2. As specified in Section 7(a) of Public Law 86-523, as amended by Public Law ' 93-291 (16 U S C. 469c(a)), the costs of data recovery activities associated with historic preservation shall be borne entirely by the Government and shall not be included in total project costs,up to the statutory limit of one percent of the total amount authorized to be appropriated to the Government for the Project. 3. The Government shall not incur costs for data recovery activities associated with historic preservation that exceed the statutory one percent limit specified in paragraph B 2 of this Article unless and until the Assistant Secretary of the Army(Civil Works)has waived that limit and the Secretary of the Interior has concurred in the waiver in accordance with Section 208(3) of Public Law 96-515, as amended (16 U.S.C. 469c-2(3)). Any costs of data recovery activities associated with historic preservation that exceed the one percent limit shall not be included in total project costs but shall be shared between the City and the Government consistent with the cost sharing requirements for ecosystem restoration, as follows: 35 percent will be borne by the City and 65 percent will be borne by the Government. C. If, during its performance of relocations or construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material in accordance with Article III of this Agreement, the City discovers historic properties or other cultural resources that have not been evaluated by the Government pursuant to this Article. the City shall provide prompt written notice to the Government of such discovery. The City shall not proceed with performance of the relocation or construction of the improvement that is related to such discovery until the Government provides written notice to the Non-Federal Sponsor that it should proceed with such work ARTICLE XVIII -NON-LIABILITY OF OFFICERS AND EMPLOYEES No officer, agent, consultant, or employee of the Non-Federal Sponsors, nor any officer, agent, consultant, or employee of the Government, may be charged personally, or held liable, under the terms or provisions of this Agreement because of any breach, attempted breach, or alleged breach thereof, except as provided in Section 912(b) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (42 U S.C. 1962d-5b note), or other applicable law. ARTICLE XIX - SECTION 902 MAXIMUM COST OF PROJECT A. The City understands that Section 902 of the Water Resources Development Act of i 1986, Public Law 99-662, as amended(33 U S C 2280) establishes the maximum amount of total costs for the Authorized Project, of which the Project is a separable element. On the effective date of this Agreement, the maximum amount of total costs for the Authorized Project,which is the sum of total project costs for the Project and the costs for all other separable elements of the Authorized Project, is estimated to be S , as calculated in accordance with Engineer Regulation 1105-2-100,using October 1, 20_price levels, and including allowances for projected future inflation. The Government shall adjust such maximum amount of total costs for the City of Kent Green Duwamish Riverview Park PPA Authorized Project, in accordance with Section 902 of the Water Resources Development Act of 1986, Public Law 99-662, as amended(33 U.S.0 2280),when necessary B. Notwithstanding any other provision of this Agreement, the Government shall not incur a new financial obligation or expenditure for the Project, or include in total project costs for the Project any additional contribution provided by the City, if such obligation, expenditure or additional contribution would cause the sum of cumulative project costs for the Project and the cumulative costs for all other separable elements of the Authorized Project to exceed such maximum total costs for the Authorized Project, unless otherwise authorized by law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY CITY OF KENT BY: BY: Anthony O. Wright Suzette Cooke Colonel, Corps of Engineers Mayor Distnct Engineer DATE: DATE: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES BY: Peter Goldmark Commissioner of Public Lands DATE: City of Kent Green Duwamish Riverview Park PPA CERTIFICATE OF AUTHORITY I, do hereby certify that I am the principal legal officer of the City of Kent, that the City of Kent is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Kent in connection with the Duwamish/Green River Park(Riverview Park) Ecosystem Restoration Pro9ect, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement, as required by Section 221 of the Flood Control Act of 1970,Public Law 91-611, as amended(42 U S.0 1962d-5b), and that the persons who have executed this Agreement on behalf of the City of Kent have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20_ Arthur Fitzpatrick Deputy City Attorney City of Kent Green Duwamish Riverview Park PPA ICERTIFICATE OF AUTHORITY do hereby certify that I am Senior Counsel appointed by the Washington State Attorney General to represent the State of Washington Department of Natural Resources; that the State of Washington Department of Natural Resources is a legally constituted public body with fult authority and legal capability to perform the terms of the Agreement between the Department of the Army, the City of Kent, and the State of Washington Department of Natural Resources in connection with the Duwarmsh/Green River Park(Riverview Park) Ecosystem Restoration Project, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement. as required by Section 221 of the Flood Control Act of 1970,Public Law 91-611, as amended(42 U S.C. 1962d-5b), and that the persons who have executed this Agreement on behalf of the State of Washington Department of Natural Resources have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20_ [TYPED NAME] City of Kent Green Duwamish Riverview Park PPA CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U S C 1352 Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CITY OF KENT Suzette Cooke Mayor DATE: City of Kent Green Duwamish Riverview Park PPA CERTIFICATION REGARDING LOBBYING 1 The undersigned certifies, to the best of his or her knowledge and belief that- (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U S C 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Peter Goldmark Commissioner of Public Lands DATE: City of Kent Green Duwamish Riverview Park PPA Kent City Council Meeting Date April 6, 2010 Category Consent Calendar - 6I 1. SUBJECT: GARBAGE, RECYCLING, YARD & FOOD WASTE COLLECTION EVENT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign consultant agreements related to the Garbage, Recycling, Yard & Food Waste Collection contract, and increase the authorized amount from $75,000 to a total of $105,000 or less, subject to agreement terms and conditions acceptable to the City Attorney and Public Works Director. The current solid waste and recycling contract will expire on March 31, 2011. City Council has approved a contractor and staff are commencing negotiations. A ■ number of details need to be negotiated in the contract to provide the best rates and program possible for solid waste customers. Council previously authorized the Mayor to sign a related contract up to $75,000, but that contract did not include negotiations. This $30,000 amendment will include contract negotiations. The total shall not exceed $105,000. 3. EXHIBITS: Public Works memo dated 3/9/10 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy ] LaPorte P E , Public Works Director Phone 253-856-5500 KENT Fax- 253-856-6500 WAS HINGTON Address, 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 9, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 15, 2010 From: Kelly Peterson, AICP, Environmental Conservation Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Agreements Related to the Garbage, Recycling, Yard & Food Waste Collection Contract Motion: Move to recommend Council authorize the Mayor to sign any necessary consultant agreements related to the Garbage, Recycling, Yard & Food Waste Collection contract increasing the authorized amount from $75,000 to a total of $105,000 or less, subject to the City's procurement policies, and upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: The current solid waste and recycling contract is set to expire on March 31, 2011. The City issued a Request for Proposals (RFP) to provide solid waste, recycling and yard & food waste collection services in the City. Staff, with the assistance of a Citizens Solid Waste Advisory Committee has completed a review process, and identified recommendations to Council. City Council will approve a contractor prior to staff commencing negotiations. A number of details need to be negotiated in the contract to provide the best rates and program possible for solid waste customers. Professional assistance is needed to ensure solid waste utility customers and the City receives the best possible contract which includes: keeping rates as low as possible; consistency with regional waste reduction goals; and meeting conservation in environmental sustainability goals set by council. Council previously authorized the Mayor to sign related contracts up to $75,000, but did not include negotiations. ' This $30,000 amendment will include contract negotiations and the total shall not to exceed $105,000. Budget Impact: Funds for this activity are included in the solid waste utility budget. Kent City Council Meeting Date April 6, 2010 Category Consent Calendar - 6J 1. SUBJECT: CATERA II BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Catera II for 3 gate valves, 3 hydrants, and 603 linear feet of watermain; 4 sanitary sewer manhole and 553 linear feet of sanitary sewer line; 115 linear feet of new street; 1 storm sewer manhole, and 2 storm sewer catch basins. l M 1 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: r CITY ® KENT WAS Hi N G T 0 N DEC 3 a 2009 r ENGINEERING i)EPT MAILTO: ENGINEERING DEPARTMENT ATTN: Heather Thomas 220 4 n AVENUE SOUTH KENT,WASHINGTON 99032 PROJECT: Catetra 11 LOCATION: SWC of SE 244"St.& 110 Place SE TAX ACCT NO: 202205-9148&9094 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this �)— day of 04 200V1 ,by ' and between KBS Development Corporation , hereinafter called"Grantors", and City of Kent,a municipal corporation of King County, State of Washington,hereinafter called"Grantee": 1; A\VITNESSBTH: r 5; That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATF. MAINS: together with a total of 3 gate valves at$ 1,000 each, 3 hydrants at$2,500 each and/or any other appurtenances thereto. ON Private Road FROM TO (street, esmt, etc) 20+00 24+9+98 Including 603 linear feet at$40 per LF of 8" (size& type) D.I. waterline. B. SANITARY SEWERS: Together with a total of 4 manholes at $2,200 each and/or any other appurtenances thereto. r of 3 Bill of Sale 12243-11-13dI of Sale doc r ON Private Road FROM_ TO ,! (street,estnt,etc) 20+00 25+40 Including 553 linear feet at$40 per LF of 8" (size& type) PVC sewer line, C. t RC to.S: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON SE 244"St. FROM TO (street,esmt,etc) 9+50 11+00 Including 115 centerline LF at $ 100 per LF of curb,gutter&side walk (type)streets, 28 Feet asphalt roadway. D. STORttrtM MWFRS: Together with a total of I manholes at$1.500 each or a total of 2 catch basins at$800 each, LF of bioCitration swale or drainage ditch with a total cost of$- CF of detention pond storage with a total cost of$- ,and/or any other appurtenances thereto. ON FROM TO ' (street,esmt,etc) - Including linear feet at$- per LF of (size& type) 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 property; and that the j sonic is free from all encumbrances; that sill 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 I 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 th' - / 2of3 ©ill of Sale 12243-F-Bill orSalc duc l STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of W-X-J11106A 120 before me, the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared jir-'Oe.l I✓ $. ?x4YI-PA to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that hetsX signed and sealed this instrument as hisl#r free and voluntary act and deed ' for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 74( day of t) M 4(2-200* 111t9 itil Nota ublic i ftfot ! State Washington,residinj at s lip o �'�r2�P-�✓�dN / r My Commission Expires: tThe 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 j 3on Bill of Sale 12243-Frill of Sole doo s KENT WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT 1 The figures used on the Bill of Sale for Catera II project dated 6-27-07 ,were based on the"As-Built" Engineering Plans dated 1-9-08 ,for the same said Catera 11 project. Ali Sadr the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers.Inc. , the firm responsible for the preparation of the "As-Built" Engineering Drawings. CD Signature 1of1 Addendum to the Bill of Sale 12243-F-Addendum to the Bill of Sale doe Kent City Council Meeting Date April 6, 2010 ' Category Consent Calendar - 6K 1. SUBJECT: SOUTH SEATTLE AUTO AUCTION BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for South Seattle Auto Auction for 3 gate valves, and 6 linear feet of watermain; 1 sanitary sewer manhole and 204 linear feet of sanitary sewer line; 655.06 linear feet of new street; 5 catch basins and 567.41 linear feet of storm sewer line. 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: I i - .*1 ENT W A S H I N G T O N q MAIL TO: s ENGINEERING DEPARTMENT ATTN: Jackie Bicknell 220 4Ta AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: South Seattle Auto Auction LOCATION: 20003-77th Ave.S TAX ACCT NO: 631500-0140&0141 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of 2009 ,by and between Manheim Services,Inc , 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 3 gate valves at$900 each, 0 hydrants at$ N/A each and/or any other appurtenances thereto. ON FROM TO 77th Ave.S. Sta 16+28 59 Sta 16+28 59 Including 6 linear feet at S 60 per LF of 8-inch (size& type) DI waterline. B. SANITARY SEWERS: Together with a total of 1 manholes at $2,400 each and/or any other appurtenances thereto. 1 Billll of Sale 12632 012 doe ON FROM TO S.202nd St. - - Including 204 linear feet at$52 per LF of 8-inch (size&type) PVC sewer line. C. REETS: Together with curbs,gutters,sidewalks,and /or any other appurtenances thereto. ON FROM TO 77th Ave.S. Sta. 10+18 25 Sta 16+73 31 ' Including 65506 centerline LF at$ 500 per LF of Industrial (type)streets, 638 Feet asphalt roadway. D. STORM SEWERS: Together with a total of 0 manholes at$N/A each or a total of 5 catch basins at$ 1,700 each, 0 LF of biofiltration swale or drainage ditch with a total cost of$N/A 0 CF of detention pond storage with a total cost of$N/A ,and/or any other appurtenances thereto. ON FROM TO 77th Ave.S. Sta 11+37 00 Sta. 16+00 00 Including 567.41 linear feet at S 48 per LF of 12-inch (size& type) PVC 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 property; and that the 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— 21 n' day of tQ0V0-^V2eV' ,2009 1 1 2of4 Bill of Sale 12632 012 doe STATE OF GsDR&I/A. ) SS COUNTY OF440#ft1'r r�&e7c .0 On this c,?�Z day of ViNIC-1#13I',P,2009 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared {2f(1 jF JCL Lj'Q.G"k5— to me]mown 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/her free and voluntary act and deed ' for the uses and purposes therein mentioned. GIVEN under my hand and official seal this �day of /62 2009 Nota lic i3ond for the State of residing at G ea�g a, 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 ' 3 Billll of Sale 12632 012 doe ADDENDUM TO BILL OF SALE CITY OF I ENT The figures used on the Bill of Sale for South Seattle Auto Auction project dated May 20,2009 ,were based on the "As-Built"Engineering Plans dated November 18,2009 , for the same said South Seattle Auto Auction project. Ali Sadr the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers,Inc. , the firm responsible for the preparation of the"As-Built"Engineering Drawings. Si nature i 4 of 4 Bill of Sale 12632 oil doe i Kent City Council Meeting Date April 6, 2010 Category Consent Calendar - 6L 1. SUBJECT: CONCO FUELING FACILITY BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Conco Fueling Facility for 1 watermain gate valve and 440 linear feet of new street. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: KENT WASH IN O T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: Heather Thomas 220 4Ta AVENUE SOUTH 1 KENT,WASHINGTON 98032 PROJECT: Coneo Cement LOCATION: 18644-72nd Ave South TAX ACCT NO: 883660-0030 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this o2 day of rl L 2009 ,by and between Gonsalves&Santucci,Inc __ > 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 1 gate valves at$ 1,200 each, 0 hydrants at$N/A each and/or any other appurtenances thereto. ON FROM TO 72nd Ave. S. 5+60 10+00 Including N/A linear feet at$N/A per LF of N/A (size & type) N/A waterline. B. SANITARY S R +.RS: Together with a total of N/A manholes at $N/A each and/or any other appurtenances thereto. 1 of4 Bill of Sale 12075,014 doc ON FROM TO (street,esmt, etc) N/A N/A Including linear feet at$N/A per LF of N/A E (size&type) N/A sewer line. C. STREETS: Together with curbs,gutters,sidewalks, and/or any other appurtenances thereto. ON FROM TO 72nd Ave. S. 5+60 10+00 Including 440 centerline LF at$80 per LF of curb gutter,sidewalk and street lights (type)streets, 38 Feet asphalt roadway. D. STORM SEWERS: Together with a total of N/A manholes at$N/A each or a total of N/A catch basins at$N/A each, N/A LF of biofiltration swale or drainage ditch with a total cost of$N/A , N/A CF of detention pond storage with a total cost of$N/A , and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) N/A N/A Including N/A linear feet at$N/A per LF of N/A (size& type) N/A 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 property; and that the 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 & 1 day of FI- rl C, ,2009. yeS V s4n-kcC4 �hC, Rt/SStll cc�• Sow-�•e�-s 2of4 Bill of Sale 12075 014 doc WASHINGTON SHORT-FORM INDIVIDUAL ACKNOWLEDGMENT tNCW 12441/0/ State of Washington ss. County of C l I certify that I know or have satisfactory evidence that USS2 l �, ��eILS Name of Signer Is the person who appeared before me, and said ' person acknowledged that he/ahe signed this instrument and acknowledged it to be hlsllter free and voluntary act for the uses and purposes mentioned in the instrument q Dated: Cl/`J`I /G Month/Day/Year P otary Public / of wo:htngton l �r�y,�C1entExpite,Mal21,2011 Signature of Notanzing Officer to qp 4F lip ?0011c Title(Such as"Nofary Public") My appointment expires Place Notary Seal Above Month/Day/Year of Appointment Expiration OPTIONAL Although the information in this section is not required by law, of may prove valuable to •• persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Top of thumb here Description of Attached Document Title or Type of Document. Document Date: Number of Pages: Signer(s) Other Than Named Above: 01999 National Notary Association-9350 De Soto Ave, PO Box 2402•Chatsworth,CA 91313-2402•www NationalNotary org Item No 5906•Reorder Call Toll-Free 1-800-876-6827 • KENT WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON , The figures used on the Bill of Sale for Conco Cement project dated 21612007 ,were based on the "As-Built" Engineering Plans dated 313012009 ,for the same said Conco Cement project. All Sadr the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consultink Engineertnps, Inc , the firm responsible for the preparation of the "As-Built" Engineering Drawings. Signature 'r i 12075 013 doc[219/061 Kent City Council Meeting ' Date April 6, 2010 Category Consent Calendar - 6M ' 1. SUBJECT: GREEN RIVER LEVEE SCHEDULE 2A & 3A - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Green River Levee Schedule 2A & 3A Project as complete and release retainage to Fardig Development, Inc., upon receipt of standard releases from the State and release of any liens. The original ' contract amount was $531,159.85. The final contract amount was $575,127.95. 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 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Kent City Council Meeting Date April 6, 2010 Category Other Business — 7A 1. SUBJECT: HOWARD HANSON DAM FEDERAL FUNDING SUPPORT — RESOLUTION 2. SUMMARY STATEMENT: In 2009, the US Army Corps of Engineers discovered damage to the Howard Hanson Dam. This damage has led to restrictions on the operating capacity of the dam and increased flood risk to the Green River Valley While repairs are underway, due to the lack of priority for funding, permanent repairs to the Howard Hanson Dam have been estimated to take as long as six years In the event of a Flood, Green River Valley businesses and residents could be displaced for weeks, months, or permanently, and flood damage will require businesses and residents to spend a substantial amount for repairs, replacement, and relocation. Just the looming threat of a potential flood has caused some businesses to relocate from the Green River Valley with a negative impact on the economic development of King County. This resolution requests that the United States Congress provide for an immediate appropriation of $44 million for interim grout work and related repairs to the Howard Hanson Dam so that the work can be completed before the next flood season. The resolution also requests an appropriation of sufficient funds to provide for permanent repair to the Howard Hanson Dam and requests Congress direct the Army Corps of Engineers to make the repair work a priority project and expedite its standard processes to assure the fastest and safest approach. This resolution was presented to the Public Works Committee at its April 5, 2010 meeting. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No X 6. CITY COUNCIL ACTION: Councilmember moves, Counciimember seconds to adopt Resolution No. requesting the United States Congress appropriate sufficient funds to provide for interim and permanent repairs to the Howard Hanson Dam, and direct the Army Corps of Engineers to make the Howard Hanson Dam permanent repair a priority project. DISCUSSION: ACTION: RESOLUTION NO. i A RESOLUTION of the City Council of the City of Kent, Washington, requesting the United States Congress appropriate sufficient funds to provide for interim and permanent repairs to the Howard Hanson Dam, and direct the Army Corps of Engineers to make the Howard Hanson Dam permanent repair a priority project. RECITALS A. The federally owned and operated Howard Hanson Dam has i provided flood protection for residents and businesses of the Green River Valley in Washington State since 1961. The Howard Hanson Dam has prevented potential flood damages amounting to hundreds of millions of dollars over the last four decades. B. The Green River Valley contains the second largest warehouse and product distribution center on the West Coast. The Green River Valley Industrial Center represents thirty-seven billion and three hundred and sixty million dollars ($37,360,000,000) in gross business income, four thousand five hundred (4,500) businesses, and over one hundred thousand jobs (100,000). The population of the Green River Valley watershed is estimated at three hundred and fifty thousand (350,000) residents, including many low-income families. 1 Howard Hanson Dam — Request for Federal Appropriations C. In January 2009, following a record high level storage of floodwater, the Army Corps of Engineers discovered damage to the right , abutment of the Howard Hanson Dam, which led to restrictions on the operating capacity of the dam and increased the flood risk to the Green , River Valley. In the event of a flood, residents and businesses of the Green River Valley could be displaced for weeks, months, or permanently. Flood damage will cost individual citizens and businesses without insurance thousands of dollars for repairs and relocation and will severely impact an economic engine for the entire state. D. The looming threat of a potential flood has caused some , businesses to relocate from the Green River Valley with a negative impact on economic development. Since the damages were found, federal, state, j and local governments have worked together to provide interim measures of flood protection until a permanent fix to the dam is completed. t Permanent repairs to the Howard Hanson dam, however, have been estimated to take as long as six years. t E. The United States Army Corps of Engineers has identified an interim solution that would extend the grout curtain over a deeper and wider area of the right abutment of the Howard Hanson Dam that would allow for the storage of water at higher levels. This interim solution, while not a permanent solution, would reduce the flood risk threat levels to the same level that existed prior to damage to the dam. The estimate for the interim solution is forty-four million dollars ($440,000,000), and is a , modest investment compared to the three billion seven hundred million dollars ($3,700,000,000) that the Federal Emergency Management Agency , estimates could result from just a single flood from damage at the Howard Hanson dam. , 2 Howard Hanson Dam - ' Request for Federal Appropriations NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 RESOLUTION SECTION 1. - Request for Federal Appropriation for Interim Repairs. The Kent City Council requests the federal government and the United States Congress provide for an immediate appropriation of forty-four million dollars ($44,000,000) for interim grout work and related repairs to the Howard Hanson Dam so that this work can be completed before the ' next flood season. ' SECTION 2. - Request for Federal Appropriation for Permanent Repairs. The Kent City Council requests the United States Congress appropriate sufficient funds to provide for permanent repair to the Howard Hanson Dam, and direct the Army Corps of Engineers to make the Howard Hanson Dam permanent repair a priority project and expedite its standard processes to assure the fastest and safest approach. SECTION 3. - Transmit Resolution to Federal Government iRepresentatives. Copies of the adopted resolution shall be transmitted by the City Clerk to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of ' Washington, and the Secretary of Defense. ' SECTION 4. - Severabdity. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 3 Howard Hanson Dam - Request for Federal Appropriations SECTION S. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7. - Effective Date. This resolution shall take effect and ' be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of April, 2010. , CONCURRED in by the Mayor of the City of Kent this day of April, 2010. i SUZETTE COOKE, MAYOR , ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY , 4 Howard Hanson Dam - Request for Federal Appropriations , I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of April, 2010. BRENDA JACOBER, CITY CLERK P\Civil\Resolution\Howard HansonDam-RequestFederalAppropriations doe 1 5 Howard Hanson Dam - Request for Federal Appropriations REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE ID. PARKS AND HUMAN SERVICES COMMITTEE E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS COMMITTEE H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES i KENT WASHINGTON OPERATIONS COMMITTEE MINUTES MARCH 2, 2010 Committee Members Present: Debbie Raplee, Jamie Perry and Ron Harmon ' The meeting was called to order by Jamie Perry at 4:08 p.m. Ron Harmon represented Les Thomas in his absence. 1. APPROVAL OF MINUTES DATED FEBRUARY 16, 2010 Raplee moved to approve the minutes of the February 16, 2010 Operations Committee meeting. Harmon seconded the motion, which passed 3-0. 2. MOVE TO APPROVE THE VOUCHERS DATED JANUARY 31, 2010 AND FEBRUARY 15, 2010 Harmon moved to approve the vouchers dated January 31, 2010 and February 15, 2010. Raplee seconded the motion, which passed 3-0. 3. I MOVE TO RECOMMEND THAT THE PREMERA BLUE CROSS ADMINISTRATIVE SERVICES CONTRACT FOR THE CITY'S SELF-INSURED HEALTH PLAN BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE MARCH 16, 2010 MEETING. The city contracts with Premera Blue Cross as a third-party administrator (TPA) to process claims and provide access to Premera Blue Cross's PPO network of doctors and hospitals. The city is self-insured for this program and wires the weekly claims cost to Premera Blue Cross for our medical and prescription expenses. Approximately 94% of the city's employee population is covered under the self-insured Premera Blue Cross program totaling 2,300 lives, which also includes our LEOFF I retirees and their dependents. The 2010 contract reflects a 6% increase in administrative fees by Premera Blue Cross and is budgeted in the health and welfare fund. The employees will not be affected by the increase. The budget 1 impact of the contract is $690,143. Raplee moved to recommend that Council place on the City Council consent calendar for the March 16, 2010 meeting, the Premera Blue Cross Administrative Services Contract for the city's self-insured health plan. Harmon seconded the motion, which passed 3-0. t Operations Committee Minutes February 16 2010 Page: 2 4. MOVE TO APPROVE THE LIFEWISE ASSURANCE COMPANY FOR THE CITY'S STOP LOSS COVERAGE BE PLACED ON THE CITY COUNCIL j CONSENT CALENDAR FOR THE MARCH 16, 2010 MEETING. The City is switching to Life Wise Assurance coverage for 2010 stop loss coverage. Sun Life quoted a 10% increase for 2010 stop loss insurance and LifeWise Assurance Company's quote was a 5 5% increase for 2010. Moving the city's stop loss coverage to LifeWise Assurance Company provides an approximate savings of $30,000 for 2010 All City employees and their dependents that are enrolled in the City's self-insured medical program are covered under a stop loss insurance policy. This stop loss policy provides added coverage to the City for individual medical claims exceeding $150,000 per employee or dependent for each calendar year. All medical costs exceeding $150,000 per enrollee per year will be reimbursed to the City under this policy. Stop loss insurance is budgeted in the health and wellness fund. The cost of the contract is $461,369. Raplee questioned why we are getting the contracts so late if they are in place January 1. t Fowler explained Sun Life's process and that that Sun Life waits to see how the City's claims are doing prior to submitting a quote. We did not get the quote until December 23 of 2009. They Mayor signs an application at that time to ensure there is coverage in the event of a loss in January, before the contracts go to council. Harmon moved to approve the LifeWise Assurance Company for the city's stop loss coverage be placed on the city council consent calendar for the March 16, 2010 meeting. Raplee seconded the motion, which passed 3-0. t t i t t t 1 t r Operations Committee Minutes February 16 2010 Page: 3 r 5. MOVE TO RECOMMEND THE 2010 GROUP HEALTH COOPERATIVE CONTRACT FOR THE CITY'S INSURED HMO PLAN BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE MARCH 16, 2010 MEETING. Renewal of the Group Health Cooperative of Puget Sound contract for the City's insured health maintenance organization (HMO). The 2010 contract reflects an approximate 12.2% increase in the health care premiums charged by Group Health Cooperative and is budgeted in the health and welfare fund Approximately 39 employees and their families are covered under our Group Health Cooperative plan. The cost of the insurance is $499,021. The cost for the insurance has been increasing every year. Fowler expressed that because they are an insured plan, the City has no control over the cost of the insurance. The premium is higher for employees than Premera Blue Cross Perry started the discussion regarding whether to continue offering this coverage when it is so expensive. Fowler explained it is an additional option for the employees It is the long-term employees that have the coverage and they have established doctors. Fowler noted that most new hires choose Premera as their insurance provider. Harmon commented on the lateness of the contract and Fowler said they will try to get them earlier next year. The committee requested the city only offer Premera Blue Cross to new hires. Raplee moved to recommend the 2010 Group Health Cooperative contract for the City's insured HMO plan be placed on the City Council consent calendar for the March 16, 2010 meeting. Harmon seconded the motion, which passed 3-0. 6. MOVE TO RECOMMEND THAT THE WASHINGTON DENTAL SERVICE (WDS) ADMINISTRATIVE SERVICES CONTRACT FOR THE CITY'S SELF-INSURED DENTAL PROGRAM BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE MARCH 16, 2010 MEETING. The city contracts with Washington Dental Service (WDS) as a third-party administrator (TPA) to process claims and provide access to WDS PPO network of dentists The city is self- insured for this program and will wire the monthly claims cost to WDS for our dental expenses. All of the city's employee and dependent population are covered under the self- insured Washington Dental Service (WDS) program totaling 2,300 lives. Included in this coverage is our LEOFF I retirees and their dependents. The 2010 contract reflects an approximate 5.5% increase in administrative fees for 2010 and is budgeted in the health and wellness fund. This is a considerable savings from Premera Blue Cross. Harmon moved to recommend that the Washington Dental Service (WDS) Administrative Services contract for the city's self-insured dental program be placed on the City Council consent calendar for the March 16, 2010 meeting. Raplee seconded the motion, which passed 3-0. r r t Operations Committee Minutes February 16 2010 Page: 4 7. MOVE TO AUTHORIZE THE MAYOR TO ENTER INTO A ONE-YEAR LEASE AGREEMENT WITH XEROX CORPORATION FOR ONE BLACK AND WHITE AND ONE COLOR HIGH-SPEED COPIER PRINTER(S) PER THE ATTACHED AGREEMENT. This agreement extends the expired five-year lease on two of the three copiers in the print , shop - by 12 months through mid April 2011. The print shop has traditionally had one color and two black & white high-end production copier(s) Copiers are leased through an RFP process approximately every five years both in the print shop and as fleet copiers through the City. The print shop lease for the existing copiers has expired and we are on a month to month lease with the remaining equipment. Raplee moved to authorize the Mayor to enter into a one-year lease agreement with Xerox Corporation for one black and white and one color high-speed copier printer(s) per the attached agreement. Harmon seconded the motion, which passed 3-0. S. MOVE TO RECOMMEND COUNCIL APPROVE THE CONSOLIDATING BUDGET ' ADJUSTMENT ORDINANCE FOR ADJUSTMENTS MADE BETWEEN JULY If 2009 AND DECEMBER 31, 2009 TOTALING $49,803,177. Authorization is requested to approve the technical gross budget adjustment ordinance totaling $49,803,177 for budget adjustments made between July 1, 2009 and December 31, 2009 The net amount, excluding transfers and internal service charges, is $48,372,778. Please note that $48,369,155 was previously approved by Council. These were primarily for 2009 Water and Drainage revenue bonds, as well as refunding the 1999 bonds. The net amount of $1,434,022 not yet approved by Council, is for the allocation of dedicated revenues and authorizing expenditures as well as Street Fund cost allocation. There was much discussion and questions from the committee regarding the adjustments. Because the committee had lingering questions they motioned to table the item. Committee Year-end budget will be presented in April at the first council meeting. Raplee moved to table to the March 16 Operations Committee Meeting, the recommendation to council to consolidate the budget adjustment ordinance for adjustments made between July 1, 2009 and December 31, 2009 totaling $49,803,177. Harmon seconded the motion, which passed 3-0. The meeting adjourned at 4:38 p.m. by Perry. Pamela Clark Operations Committee Secretary City of Kent Parks and Human Services Committee Meeting KENT Minutes of February 18, 2010 hnY C /S Council Committee Members Present: Debbie Ranniger, Elizabeth Albertsons and Dennis Higgins Call to Order: Debbie Ranniger called the meeting to order at 5:02 p.m. 1. Minutes of January 21. 2010 - Approve Elizabeth Albertson moved to approve the minutes of January 21, 2010. Dennis Higgins seconded. The motion passed 3-0. 2. Consolidated Annual and Performance Evaluation Report Dinah Wilson reported that the Consolidated Annual Performance and Evaluation Report (CAPER) is a report to the U.S. Department of Housing and Urban Development (HUD) on the City's activities and accomplishments using Community Development Block Grant (CDBG) and other funds. The report is required by HUD annually and must be submitted by March 31, of each year. The report includes information on how CDBG funds were used to further the goals and strategies of the Consolidated Plan, as well as other activities executed by the City. Dennis Higgins complimented Dinah on a well written and organized document. Dennis Higgins moved to recommend approving the 2009 Consolidated Annual Performance and Evaluation Report and authorizing the Mayor to submit the report Ito HUD. Elizabeth Albertson seconded. The motion passed 3-0. 3. 2010 City Art Plan and Five-Year Art Plan - Approve Cheryl dos Remedios explained that the City Art Plan details projects for 2010 and lists art expenditures planned for 2010-2014 as part of the 5 year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on December 15, 2009 This art plan is based upon existing funding levels, with the understanding that with the July 1, 2010 Annexation, a budget amendment will identify any additional appropriation. Elizabeth Albertson moved to recommend approving the 2010 City Art Plan and Five Year Plan. Dennis Higgins seconded. The motion passed 3-0. 4. Energy Savings Performance Contract for Centennial HVAC Systems - Authorize Charlie Lindsey stated that two years ago McKinstry was hired as an Energy Services Company to audit several city buildings and to provide a guaranteed cost for replacement of HVAC systems in each building. The proposal was analyzed and i a mixed services approach was adopted. It was decided to contract out for the replacement of 85 heat pumps and associated equipment in Centennial Center, as well as replacement of the system at the Riverbend 18 Hole Clubhouse with a , Ground Source Heat Pump system. Funding was requested to complete energy efficient projects at the Centennial Center and Riverbend and grants were solicited. In November, 2009 the city was awarded a $845,400 Federal grant from the Energy Efficiency Community Development Block Grant program. Block Grant money cannot be used for golf , courses and swimming pools, so funds were relevant to the Centennial Center HVAC project. The cost to complete this replacement in the Centennial Center is $1,435,208, with the $845,400 from energy grant funds, and $589,808 from the HVAC project budget in the Capital Plan. ' Dennis Higgins moved to recommend authorizing the Mayor to sign the Energy Savings Performance Contract with McKinstry Essention Incorporated for , $1,435,208.00, to replace the HVAC system components in the Centennial Center, subject to final terms and conditions acceptable to the City Attorney. Elizabeth Albertson seconded. The motion passed 3-0. j S. Green Kent Update with Cascade Land Conservancy - Informational Norah Kates of the Cascade land Conservancy reported that over the past few years, Kent's dedicated volunteers have worked with Parks staff on large environmental restoration projects at several parks, notably at Lake Fenwick, West Fenwick, Clark Lake and Earthworks. The Green Kent initiative is "the next step." It's a systematic way to restore and maintain all our urban forests and open spaces over time. Staff applied for $95,000 in available funding from King Conservation District to underwrite the first phase of Green Kent. The project is based on a successful model for mapping, restoring and maintaining urban forest lands, developed by Cascade Land Conservancy (CLC). For efficiency, Kent Parks and Public Works are partnering so that all city-owned urban forests and open space can be included in a 20-year restoration plan that CLC will develop with city staff and our community. Mapping has been completed and public input is being solicited. Jeff acknowledged Matt Knox from Public Works in the audience. Norah confirmed that GIS data will be included in her report to Council. As part of the field study, every acre in the city of open space and ground inventory will be reviewed. 6. Director's Report • Jeff referred to public comments made by Larry Tukes at the Committee meeting in January. He pointed out that some of the information Larry shared was untrue. Jeff has been reaching out to meet with Larry and have opportunity for discussion. A meeting has been scheduled for March 4, with Jeff Watling, Larry Tukes, Marty O'Neil, Pete Petersen and Elizabeth Albertson, plus anyone Larry wishes to invite. The meeting will provide the opportunity to discuss specific issues in order to find a resolution. Jeff reiterated that city staff want the Douglass Youth Golf I Club to have every chance to succeed in this program, and staff look forward to continuing to host the Douglass Youth Golf Program at Riverbend. Staff will report back in March. 1 As part of the budget process, programs and staff from the Resource Center are being consolidated with Kent Commons. Facilities and Recreation staff have worked hard to accomplish this goal. The space is coming together and real efficiencies and synergy is beginning to show. Staff and Council will meet to get feedback and discuss policies on what should/could happen with the vacated Resource Center building, and how best to use this public space in the future. • As stated in the Draft Park Plan, one of the goals is connectivity. A Feasibility Study has been initiated with OTAK, an architectural and engineering firm, using some of the King County Levy trails money that the city receives every year. The study will look at the entire greenway and ways to create a recreational trail, utilizing some of our natural spaces greenway for mobility, walk ability, and bike paths. More to come as the study comes together. • Citizen groups associated with the interim Off Leash Dog Park on East Hill have met twice. On February 27, staff will join them to pull some invasives at the park. At the end of March a community-wide volunteer project will be held on site. The Funding Outreach group is looking at financial partners and provisions for in-kind services. • Each year, Recreation staff provides the Youth Track Program in cooperation with elementary schools throughout the Kent School District. There are 150 scholarships provided each year and approximately 900 kids participating. Special thanks to Saucono Shoes, who donated $2,190.00 to offset scholarships requests. The meeting adjourned at 5:45 p.m. Respectfully submitted, Twi Pet�a�e Teri Petrole Council Committee Secretary 3 1 PUBLIC WORKS COMMITTEE MINUTES Monday, March 1, 2010 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4.05 p.m. An additional item was added to the agenda as Item #2 titled Little Property Acquisition. Items two and three were moved to items three and four respectfully. iITEM 1 - Approval of Minutes Dated February 22, 2010: Committee Member Harmon moved to approve the minutes of February 22, 2010. The motion was seconded by Higgins and passed 3-0. ADDED ITEM 2 - Little Property Acauisition: Tim LaPorte introduced Mike Mactutis, Environmental Engineering Manager. Mactutis noted that the Little property is two vacant parcels consisting of 18.47 acres located on the east side of Lower Mill Creek north of James Street. Acquisition of this property is identified in the City of Kent Drainage Master Plan for projects in Lower Mill Creek and is a high priority. The acquisition of this property is just one of the vital steps that are needed to fix the flooding of the Mill Creek especially in the area of James Street. There are several other incremental improvement projects along the Mill Creek that will lessen the flooding of the area. LaPorte stated that this property has been in probate for over thirty years and that the city is thrilled to have acquired it. The $420,000.00 purchase price will come out of the drainage fund. I Higgins moved to recommend that Council ratify the mayor's execution of the purchase and sale agreement, authorize purchase of the subject property for $420.000.00 and authorize the mayor to execute closing documents subject to terms and conditions approved by the City Attorney. ITEM -2 3 - Information Only/Solid Waste Update: Kelly Peterson, Environmental Conservation Supervisor began his presentation by complimenting the work of the Solid Waste Advisory Committee members. He stated that the advisory committee has set goals, and will be ready to present a recommendation sometime in March 2010. The next step is for Council to review the recommendations of the Mayor and staff and select a vendor. Staff will then negotiate the contract and go to Council for approval. Peterson stated that are almost ready to present to Council - will have them to Council shortly and the new contract will begin in April of 2011. It was noted that the City is not bound to take the lowest bidder. No Motion Required/Information Only ITEM 3 4 - Information Only/Water System Cross Connection Control Program: Tim LaPorte, Public Works Director introduced Brad Lake, Water Superintendent, Dave Brock, Utilities Engineer and Kelly Peterson, Environmental Conservation Supervisor Lake, Brock and Peterson each presented a portion of an informative PowerPoint presentation highlighting the works of the City of Kent Water System. No Motion Required/Information Only Adiourned: The meeting was adjourned at 5.23 p m. ' Cheryl Viseth, Public Works Committee Secretary CONTINUED COMMUNICATIONS A. 1 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION i