HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/07/2010 CITY OF KENT
� City Council Meeting
Agenda
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September T. 2010
Mayor Suzette Cooke
Jamie Perry, Council President
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Councilmembers
Elizabeth Albertson
Ron Harmon
r, Dennis Higgins
T Deborah Ranniger
Debbie Raplee
KENT
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LesThomas
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CITY CLERK
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KENT CITY COUNCIL AGENDAS
KENT September 7, 2010
W.SHI.GTO. Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President
Elizabeth Albertson Ron Harmon Dennis Higgins
Deborah Ranniger Debbie Raplee Les Thomas
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COUNCIL WORKSHOP CANCELLED
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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. Smoke-Free Teens Back to School Week Proclamation
D. Constitution Week Proclamation
E. Economic Development Report
5. PUBLIC HEARINGS
None
6. PUBLIC COMMENTS
7. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Bond Issue for HVAC Improvements - Authorize
D. Hawley Road Levee Improvements Consultant Agreement - Authorize
E. South Crow Street Asphalt Overlay Agreement - Authorize
F. LID 362 Final Assessment Roll, Resolution Setting Hearing Date - Adopt
G. S. 224`h Street Project Consultant Agreement - Authorize
H. 2010 Citywide Large Culvert Pipe Cleaning Interlocal Agreement -
Authorize
I. 2011-2016 Capital Improvement Plan - Set Date for the First Public
Hearing
J. 2011 Budget - Set Date for First Public Hearing
(Continued)
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COUNCIL MEETING AGENDA CONTINUED
8. OTHER BUSINESS
None
9. BIDS
A. Centennial Center Tenant Improvements
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
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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 Offi
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
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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
rB) FROM THE PUBLIC
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' PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) SMOKE-FREE TEENS BACK TO SCHOOL WEEK PROCLAMATION
ID) CONSTITUTION WEEK PROCLAMATION
E) ECONOMIC DEVELOPMENT REPORT
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PROCIANATIOM
Whereas, one in five high schoolseniors in.?Grog County smokes; and
Whereas, the recent increase in cigarette taxes is just one more reason
to quit smoking; and
"Whereas, there are more ways than ever to quit smoking, including the
Washington State Quit Line, talking to your doctor, support
groups, nicotine replacement andother options; and
'Whereas, some health insurance providers like Group .3-lealth will cover
the cost to quit smoking; and
Whereas, nearly 8,000 people die every year in 'Washington due to
smoking related illness and smoking adds nearly $2 billion to
annualhealth care costs in `'Washington; and
Whereas, every householdpays $627 annually to cover state andfederal
costs related to smoking; and
'Whereas, Ctfetime savings in tobacco related health expenditures for,
every former smoker totalmore than $20,000; and
.NOW, 7. 11EREFORE, I, Suzette Cooke, Mayor of.?Cent, do hereby proclaim
the week of September 6, 2ozo as
"Smoke free Teens Back to School'Week"
In the City of.?Cent, Washington andproudly joins cities across Xing
County, the .American Lung .Associatioi,, the American Cancer Soctety, the
.American Diabetes .Association and the Washington Health Foundation
declaring the secondweek of September 2010 to be Xing County Quits!
j 'Week, andwillwork to cut teen smoking in half by 2020.
In witness whereof, I have hereunto set any hand and caused the seal of
Xent to be affixed this 7th day of September 2oio.
u t Cooke, JVayor
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r - KENT
I WASHINGTON
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t PROCLAMATION
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WHEREAS, September 17, 2010, marks the two hundred twenty-third
anniversary of the drafting of the Constitution of the United
States of America by the Constitutional Convention, and
WHEREAS, it is fitting and proper to accord official recognition to this
magnificent document and its memorable anniversary, and
to the patriotic celebrations which will commemorate the
occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation
each year by the President of the United States of America
designating September 17 through 23 as Constitution Week,
NOW THEREFORE,
1, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim
September 17 through 23, 2010 as
"CONSTITUTION WEEK"
1n the City of Kent, Washington, and 1 encourage our citizens to reaffirm
the ideals the Framers of the Constitution had in 1787 by vigilantly
protecting the freedoms guaranteed to us through this guardian of our
liberties, remembering that lost rights may never be regained
In Witness Whereof, 1 have hereunto set my hand and caused the Seal of
the City of Kent to be affixed this 7th day of September, 2010
zette Cooke, Mayor
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KENT
WASHINGTON
rPUBLIC COMMENTS
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Kent City Council Meeting
Date September 7, 2010
Item No. 7A - 7B
CONSENT CALENDAR
7. City Council Action:
' Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through J.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of August 17, 2010.
76. Approval of Bills.
Approval of payment of the bills received through July 15 and paid on July 15
after auditing by the Operations Committee on August 17, 2010.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/15/10 Wire transfers 4223-4244 $4,199,039.02
7/15/10 Regular checks 644832-645433 3,968,560.40
Void checks 645134 ($145.00)
Use Tax Payable 1,394.13
$8,168,848.55
Approval of payment of the bills received through July 31 and paid on July 31
after auditing by the Operations Committee on August 17, 2010.
1 Date Check Numbers Amount
7/31/10 Wire transfers 4245-4258 $2,582,995 78
7/31/10 Regular checks 645434-645829 4,004,755.24
Void checks 645577 ($22.50)
Use Tax Payable 639.36
$6,588,367.88
(continued on back)
7B. Approval of Bills. (Continued)
Approval of checks issued for payroll for July 1 through July 15 and paid on
July 20, 2010:
Date Check Numbers Amount
7/20/10 Checks 318829-319060 $ 186,068.88
7/20/10 Advices 270615-271244 1206,208.72
$1,392,277.60
Approval of checks issued for payroll for July 16 through July 31 and paid on
August 5, 2010:
Date Check Numbers Amount
8/5/10 Checks 319061-319281 $ 183,484.67
8/5/10 Advices 271245-271857 1161,171.96
$1,344,656.63
' Kent City Council Meeting
KENO WASHINGTON August 17, 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, Raplee,
and Thomas. Councilmember Albertson was excused from the meeting. (CFN-198)
1 CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) Consent Calendar Item O, A
excused absence for Councilmember Albertson, was added by the Council President,
and Continued Communications was moved forward on the agenda at the request of
Councilmember Harmon.
B. From the Public. (CFN-198) No changes were made.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Congratulations were given to Council President
Perry on the recent birth of her daughter.
B. Community Events. (CFN-198) Ranniger commented on the Summer Nights
and the Silver Screen outdoor movies being held on Friday nights, announced the new
Spotlight Series events, and noted that the fall Parks and Recreation Program Guide is
now available.
C. PETCO and Kent Parks Foundation Presentation. (CFN-118) A check in the
amount of $10,000 to be used for a dog park was presented to the Mayor by
representatives of PETCO and the Kent Parks Foundation. +
D. Americans with Disabilities Act Proclamation. (CFN-155) Mayor Cooke read
from her proclamation which encourages all citizens to Join her in reaffirming the
City's determination to fulfill both the letter and the spirit of the Americans with
Disabilities Act.
E. Public Safety Resort. (CFN-122) Police Chief Strachan updated statistics from
July and August, and noted that they are higher due to the increase in population
effective July 1". He announced changes in departmental teams and spoke about the
success of National Night Out activities, in which 12,000 people participated.
CONSENT CALENDAR is
Perry moved to approve Consent Calendar Items A through O. Thomas seconded and
the motion carried.
IA. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
August 3, 2010, were approved.
B. Approval of Bills. (CFN-104) Figures were not available.
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Kent City Council Minutes August 17, 2010
C. King Conservation District Grant Agreement for EarthCorps Services.
(CFN-118) The grant from King County Conservation District in the amount of
$20,670, for EarthCorps Services was accepted, amendment of the budget, and
expenditure of the funds in accordance with the grant agreement was authorized, and
the Mayor was authorized to sign all necessary documents.
D. Fehr & Peers Contract Change Order. (CFN-164) The Mayor was authorized to
sign Amendment No. 1 to the consultant services agreement with Fehr & Peers, Inc.
in an amount not to exceed $8,000, to analyze funding options for transportation
infrastructure in the City of Kent.
E. Transportation Impact Fee Ordinance Amendments and Resolution
Regarding Land Use Fees. (CFN-104/1000) Ordinance No. 3973 amending Kent
City Code Chapter 12.14 to eliminate deposit requirements, identify a more expansive
category of land uses to which the downtown fee rate applies, establish lien fees for
deferral of fees, and make other clarifications was adopted Resolution No. 1831
amending Resolution No. 1828 to modify the list of development mitigation fees to
which the fee deferral lien applies was adopted.
F. Clark Springs Habitat Conservation Plan Contract Amendment. (CFN-1038)
The Mayor was authorized to sign Amendment No. 4 to the Consultant Services
Agreement with Thompson Smitch Consulting Group in an amount not to exceed
$50,000 for professional services for the development and approval of the Clark
Springs Water Supply System Habitat Conservation Plan.
G. Hawley Road Levee Improvements Consultant Services Agreement.
(CFN-1318) The Mayor was authorized to sign the Consultant Services Agreement
with GeoEngineers, Inc. in an amount not to exceed $55,285 for the purpose of
conducting subsurface explorations, laboratory testing, and a certification report for
the Hawley Road Levee Improvements.
H. Horseshoe Bend Levee Improvement Contract Amendment No. 1.
(CFN-1318) The Mayor was authorized to sign Amendment No. 1 to the Consultant
Services Agreement between the City of Kent and GeoEngineers Inc. in an amount
not to exceed $34,500 for the Horseshoe Bend Levee Improvements project.
I. 640 Zone Reservoir & Blue Boy Reservoir Seismic Retrofit Consultant
Agreement. (CFN-1038) The Mayor was authorized to sign the Consultant Services
Agreement between the City of Kent and Jason Engineering & Consulting Business,
Inc. in an amount not to exceed $189,330 to provide materials testing and inspection
services related to the 640 Zone Reservoir and Blue Boy Reservoir Seismic Retrofit
projects.
J. 640 Zone Water Reservoir Consultant Contract Amendment. (CFN-1310)
The Mayor was authorized to sign Amendment No. 1 to the Consultant Services
Agreement between the City of Kent and Gary & Osborne, Inc. in an amount not to
exceed $82,500 for the purpose of providing construction support and additional
design engineering services for the 640 Zone Water Reservoir Construction project.
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Kent City Council Minutes August 17, 2010
1 K. Hansen Short Plat Bill of Sale. (CFN-484) The Bill of Sale for Hansen Short
Plat, permit number 2070047, located at 20011 95`h PL South, for 112 linear feet of
new street was accepted.
L. Washington Traffic Safety Commission Target Zero Teams Grant.
(CFN-122) The grant from the Washington Traffic Safety Commission in the amount
of $14,210 to fund the deployment of Target Zero Team DUI patrols at times and
locations where data indicates that the most safety benefit can be realized as
determined by the King County Target Zero Task Force was accepted, amendment of
the budget and expenditure of the funds in accordance with the grant agreement was
authorized, and the Police Chief was authorized to sign all necessary documents.
iM. Emergency Management Performance Grant Amendment. (CFN-122) The
Washington State Military Department Emergency Management Division, Emergency
Management Performance Grant (EMPG) amendment increase of $6,860 was
accepted, amendment of the budget and expenditure of the funds in accordance with
the grant agreement was authorized, and the Mayor was authorized to sign all
necessary documents.
N. Bureau of Justice Assistance, Edward Byrne Memorial Grant Award.
(CFN-122) The grant from the Bureau of Justice in the amount of $84,277 was
accepted, amendment of the budget and expenditure of the funds in accordance with
the grant agreement was authorized, and the Mayor was authorized to sign all
necessary grant documents.
ADDED ITEM
O. Excused Absence. (CFN-198) An excused absence from this meeting for
Councilmember Albertson was approved.
OTHER BUSINESS
A. Saar Pioneer Cemetery Historical Landmark Designation. (CFN-822)
Diamatns Winston, City Planner, explained that the cemetery has been nominated for
designation as an historic landmark. He noted that the cemetery was founded in
1873 and that early founders and settlers are buried there, as well as World War I
and Civil War veterans. He added that the Kent Methodist Church, owner of the
cemetery, is supportive of the nomination, and that staff recommends approval.
Thomas moved to adopt Resolution No. 1832 approving the nomination of the Saar
Pioneer Cemetery for further evaluation by the City of Kent Landmarks Commission
1 under Chapter 14.12 of the Kent City Code. Perry seconded and the motion carried.
Representatives of various groups who have been involved with the cemetery were
then introduced.
B. Solid Waste Utility Contract. (CFN-156) Kelly Peterson of the Public Works
Department presented details of a contract negotiated with Allied Waste including the
following: service areas, vehicles, carts and containers, residential service, other
residential features, special residential services for the disabled and low income
seniors, multi-family service, commercial service, public outreach and education,
administrative fees, billing, rate adjustments, residential rates, multi-family rates, and
commercial rates. He said he feels the contract is progressive and will help the City
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Kent City Council Minutes August 17, 2010
meet the goal of waste diversion. LaPorte then explained the duties of the proposed
new positions. Thomas moved to authorize the Mayor to sign all documents
necessary to contract with Allied Waste to operate the City's solid waste utility and
begin collection on April 1, 2011, to authorize a new Conservation Coordinator
position and two new Maintenance Worker II positions, and to incorporate these
changes into the 2011 budget accordingly. Higgins seconded. Raplee noted that she
will abstain from voting due to a potential conflict of interest. The motion then carried
5-0, with Raplee abstaining. Peterson then introduced those in attendance who
worked on the contract.
C. ShoWare Center Marquee. (CFN-1305) Economic & Community Development
Director Ben Wolters described the proposed marquee and its location at the ShoWare
Center, and explained that funding would come from the Lodging Tax Reserve Fund.
He said that bids could be out in approximately one month with installation by the end
of the year. He clarified that the marquee would not be clearly visible to drivers on
Highway 167 because the cost of making it large enough, high enough, and substan-
tial enough is prohibitive. Thomas moved to authorize the use of the Lodging Tax
Reserve Fund, not to exceed the amount of $225,000, for the purpose of acquiring a
marquee for the ShoWare Center, and to authorize the Mayor to take all actions
necessary to complete the purchase and installation of the marquee. Raplee
seconded and the motion carried.
D. Council Procedures. (CFN-198) Council President Perry explained that the
proposed resolution would change the order of items on the agenda to bring them ,
more in line with actual practices, and would make changes made necessary by the
recent reorganization combining and renaming various Council committees. She
added that an amendment suggested at today's Operations Committee meeting '
regarding how the Council President Pro Tern would be determined has been
incorporated into the resolution. Thomas then moved to adopt Resolution No. 1833
repealing Resolution No. 1633 and adopting revised rules and procedures for the City
Council, City Council meetings, and meetings of Council committees. Raplee
seconded and the motion carried.
BIDS
A. 2010 Citywide Large Culvert Pipe Cleaning. (CFN-1038) Public Works
Director Tim LaPorte explained the project and noted that the low bid for this project
was received from Olson Brothers Excavation. Raplee moved to award the contract
for the 2010 Citywide Large Culvert Pipe Cleaning project to Olson Brothers
Excavating, Inc., in the amount of $941,547.80, subject to obtaining necessary
permits and to authorize the Mayor to sign the contract. Harmon seconded and the
motion carried.
B. Blue Boy Reservoir Seismic Retrofit. (CFN-1038) Public Works Director Tim
LaPorte explained the project and Raplee moved to award the contract for the Blue
Boy Reservoir Seismic Retrofit project to Western Engineering Constructors, in the
amount of $121,013.93, and to authorize the Mayor to sign all necessary contract
documents. Higgins seconded and the motion carried.
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' Kent City Council Minutes August 17, 2010
REPORTS
A. Council President. (CFN-198) No report was given.
B. Mayor. (CFN-198) No report was given.
C. Operations Committee. (CFN-198) No report was given.
D. Parks and Human Services Committee. (CFN-198) No report was given.
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E. Economic & Community Development Committee. (CFN-198) No report was
given.
F. Public Safety Committee. (CFN-198) No report was given.
G. Public Works Committee. (CFN-198) No report was given.
H. Administration. (CFN-198) No report was given.
ADJOURNMENT
The meeting adjourned at 8:15 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
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Kent City Council Meeting
Date September 7, 2010
Category Consent Calendar - 7C
1. SUBJECT: BOND ISSUE FOR HVAC IMPROVEMENTS - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign all documents
necessary to issue the $1.2 million in Qualified Energy Conservation Bonds for
the HVAC improvements at the River Bend Golf Course and amend the budget
accordingly.
Administration has applied for an allocation of Qualified Energy Conservation
Bonds for the HVAC improvements at the River Bend Golf Course. These bonds
will be issued as taxable bonds and are eligible for a subsidy of 65% of the
interest cost paid by the US Treasury.
3. EXHIBITS: RFP to banking institutions and list of banks receiving the RFP
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? $100,000 annually Revenue?
Currently in the Budget? Yes X(2011) No
6. CITY COUNCIL ACTION:
1 Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
�- KEN T
VV ASH IN G T O N
FINANCE r
R J Nachlinger,Director
Phone 253-856-5260
Fax 253-856-6255
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: August 17, 2010
TO: Kent City Council Operations Committee
FROM: R J Nachlinger, Finance Director
1 THROUGH John Hodgson, Chief Administrative Officer f
SUBJECT: Issuance of Qualified Energy Conservation Bonds
MOTION I move to recommend that the Operations Committee authorize Administration
to take the steps necessary to issue the $1.2 million in Qualified Energy Conservation
Bonds for the HVAC improvements at the River Bend Golf Course.
SUMMARY: The Administration has applied for an allocation of Qualified Energy
' Conservation Bonds for the HVAC improvements at the River Bend Golf Course These bonds
will be issued as taxable bonds and are eligible for a subsidy of 65% of the interest cost paid by
the US Treasury
' BUDGET IMPACT The budget impact of these bonds is anticipated to bean annual principal
payment of$80,000 annually for 15 years and an annual interest cost of$60,000 annually of
which $39,000 would come from the Treasury and $21,000 would come from the City The first
payment would occur in fiscal 2011 and the funds would be available from the reduction of the
' current debt service payment of$650,000 from the debt retired in December, 2010
In addition to the cost reductions from the final maturity of the existing debt service, the upgrade
1 of this HVAC system should save approximately $50 000 annually
I am attaching the RFP to be sent out on the bonds and the listing of those banking institutions
currently purchasing this type of debt
Was
S NVV
REQUEST FOR PROPOSAL
City of Kent, Washington
$1,200,000 (estimated)
Limited Tax General Obligation Loan, Series 2010
Date Distributed. August 6, 2010 Response Due Date August 23, 2010
Seattle-Northwest Securities ("SNW"), as financial advisor to the City of Kent (the "City") is
issuing an RFP for a direct placement of limited tax general obligation (LTGO) bonds in a
commercial bank portfolio
Responses are due on Monday, August 23, 2010 at 4.00 p.m. We request that you please
contact SNW to indicate that you received this RFP and that the proposal due date is acceptable.
General Description
The District anticipates entering into an LTGO loan in the approximate amount of $1,200,000
(the "Loan") for the purpose of financing a City-owned geothermal energy project to provide
power to City facilities and paying costs of issuance of the Loan
The Agreement will be Issued on a taxable basis as a Qualified Energy Conservation Bond
' eligible for a 70% federal issuer interest subsidy that will be paid to the City. The Loan will be
secured by an LTGO pledge of the City.
i • The Loan will not be rated For informational purposes only, the City's outstanding
limited tax general obligations are rated "Al" by Moody's Investors Service and "AA-"
by Standard & Poor's Information on the City can be found on the City's website at
htt12 '1www.ci kept V a LISl. The City's budget and audited financial reports are located
on the website at http '%Gtiw�ti ci kent 1v a us,content asp>'Id=1226
Security
The City pledges its limited tax general obligation provided under Washington law to the Loan
' Federally Taxable
The Loan will be issued on a taxable basis and will NOT be designated as bank qualified.
Terms and Conditions
' The City desires to repay the Loan over 15 years,maturing December 1, 2024.
1420 Fifth Avenue,Suite 4100 Seattle,Waslatngt�-n48701 (206)62R-2R82 , A%iN x% ,cattlenortIm e,t coin
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City of Kent, Washington
LTGO Loan, Series 2010
Request for Proposals
Page 2
• The Loan will be issued on a fixed-rate, taxable basis.
• The City currently anticipates structuring the repayment of the Loan as shown in the
pro-forma amortization schedule attached. The City reserves the right to make changes ,
to the attached amortization schedule
The City intends to pay all costs of issuance and bank fees from the proceeds of the Loan.
Bond Counsel ,
K&L Gates LLP will serve as Bond Counsel to the City and will provide a legal opinion that the
Loan is a valid and binding obligation of the City that is enforceable against the City in
accordance with its terms. ,
Closing
The City intends to close on or around October 6, 2010 For purposes of your proposal, please
assume this closing date.
Litigation
There is no litigation threatened or ongoing which would affect the City's ability to repay the
Loan
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City of Kent,Washington
LTGO Loan,Series 2010
iRequest for Proposals
Page 5
Proposal Content
Please provide the following information regarding the Loan. Proposals should BRIEFLY cover
the following information. Proposals in the form of term sheets are preferred, but please be
sure to answer the following questions. Proposals may be reviewed with the proposer
' regarding any terms and conditions which may be subject to further negotiation or requests for
clarification by the City.
1. For the purpose of this proposal, please indicate the indicative interest rates on a taxable
basis based upon a 30/360 day basis. Please indicate what factors or indices would be
used to make any changes from these indicative rates and when is the earliest you
' would be able to lock rates assuming a closing on October 6, 2010. Assume principal
and interest are payable semiannually commencing December 1, 2010 and maturing on
' December 1, 2024.
2. Please also indicate if you will offer a rate lock, at what earliest point you would "lock"
the rate(s) and what you would charge for this ability.
3. Indicate the maximum due for any fees and charges of your bank, including origination
fees, bank legal fees, etc Evaluation of the proposals will utilize the maximums
' provided here
4. Prepayment options.
' 5. Please indicate if you can meet the proposed financing schedule, assuming a timely
delivery of documents by the financing team.
6. What are your reporting requirements during the term of the Loan?
7. Please provide.
' a. Contact information for members of the team that will be assigned to the City's
financing. Also include contact information for the Bank's legal counsel, if any.
8. Provide any other information that would affect the selection of the bank or would affect J
the cost of the Loan.
Basis of Award
The selection will be based upon the following criteria, not in any priority order:
• Total financing cost (interest cost and bank fees).
• Flexibility and acceptability to the City of the proposed terms and conditions.
City of Kent, Washington
LTGO Loan, Series 2010
Request for Proposals
Page 6
The City reserves the right to reject all proposals, cancel the solicitation, or to waive any ,
irregularities
Proposal Submittal
The proposals shall be received not later than 4:00 p.m. Prevailing Pacific Time on Monday,
August 23, 2010 at the offices of SNW. Proposals may be submitted by email. Hard copies are
not required. Contact SNW if you do not receive confirmation of receipt of your proposal.
One copy of the proposal shall be submitted to each of the following:
Lindsay Sovde ,
Senior Vice President
Seattle-Northwest Securities Corp. '
Phone- (206) 628-2875
Email: lsovde(d'snwsc com
Ann Grodnik
Assistant Vice President ,
Seattle-Northwest Securities Corp.
Phone. (206) 689-2766
Email. agrodrukC1,snwsc.com
Robert Nachhnger
Finance Director '
City of Kent
Phone: (253)856-5260 ,
Email: inachlmmer(alci.kent.wa.us
Questions concerning this RFP should be addressed to Lindsay Sovde (lsovde(U)snwsc.com) or
Ann Grodruk (agrodnik a snwsc com) at SNW.
! City of Kent - RFP
! Baker Boyer Bank
Attn• Mark Hess
hessm@bakerboyer.com
i Bank of America
Alex Johnston
! Ian a johnston@baml.com
Banner Bank
Darwin Parker
dparker@bannerbank.com
! Sterling Savings
Brian Kittredge
Brian Kittredge @sterlingsavengs com
! US Bank
Chris Karlin
Chris karlin@usbank com
Skagit State Bank
' Cheryl Bishop
crbCa@skagitbank com I
h
Summit Bank
Jim Bishop
ieb@summitbank-wa.com
! Cashmere Valley Bank
Ron Olsen
! rolsen@cashmerevalleybank com
Capital One
Jeff Sharp
Jeffrey Sharp@capitalonebank com
! Wells Fargo Securities
David Geeting
Dave Geeting@wachovia com
! Key Bank r,
Kim Monson
kim s monson@keybank com
!
Kent City Council Meeting
Date September 7, 2010
Category Consent Calendar - 7D
1. SUB]ECT: HAWLEY ROAD LEVEE IMPROVEMENTS CONSULTANT
AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant
Services Agreement with Northwest Hydraulic Consultants, Inc. in an amount not
to exceed $14,620, for the purpose of conducting analyses of the Green River to
evaluate the river and overbank hydraulic conditions that would result from
certification of the Hawley Road Levee.
3. EXHIBITS: Public Works Memorandum dated 8/4/10 and Consultant Services
Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
SS. 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
\"47
KENT Fax- 253-856-6500
WAb III
"cT°" Address: 220 Fourth Avenue S
Kent, WA 98032-5895
Date: August 4, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 16, 2010
From: Kelly Casteel, P.E., Design Engineering Supervisor
Through: Timothy 1. LaPorte, P.E., Public Works Director
Subject: Consultant Services Agreement - Northwest Hydraulic
Consultants Inc. /Hawley Road Levee Improvements
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement between the City of Kent and Northwest
Hydraulic Consultants Inc. in an amount not to exceed $14,620 for the
purpose of conducting analyses of the Green River and hydraulic
conditions that would result from certification of the Hawley Road Levee
Improvements, upon concurrence of the language therein by the City
Attorney and the Public Works Director.
Summary:
The City's Hawley Road Levee is located between State Route 167 and Washington
Avenue. This project will reconstruct the levee to certifiable standards and is
important for managing the City's flood protection.
Northwest Hydraulic Consultants services include modeling the proposed Hawley Road
levee certification to support a Conditional Letter of Map Revision (CLOMR) submittal
to Federal Emergency Management Agency (FEMA) concurrent with the City's
application for levee certification. The area under review will be remodeled assuming
the levee is certified and therefore does not need to be failed for purposes of FEMA
mapping. An interior drainage analysis of the area landward of the certified levee will
also be conducted.
The product of the analysis will be mapping and tabular data showing the area that
will be removed from the FEMA floodplain if the Hawley Road Levee were certified.
Budget Impact:
Stormwater drainage utility funds will be used to pay for this consultant services
agreement. The cost for this work was contemplated by Council during its review of
the Drainage Master Plan as part of the costs to reconstruct the Green River Levees.
Existing storm drainage rates, adopted by council in 2008 assumed the City would
cover a portion of the costs to fund levee reconstruction. Public Works staff continues
to look for outside funding and lowest cost alternatives for levee certification.
��,KcNT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Northwest Hydraulic Consultants
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Northwest Hydraulic Consultants organized under the laws of the
State of Washington, located and doing business at 16300 Christensen Road, Suite 350, Seattle,
WA 98188, Phone: (206) 241-6000/Fax: (206) 439-2420, Contact: Larry Karpack (hereinafter
the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall conduct analyses of the Green River to evaluate the river and
overbank hydraulic conditions that would result from certification of the Hawley
Road Levee. For a description, see the Consultant's July 23, 2010 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
March 31, 2011.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Fourteen Thousand, Six Hundred Twenty Dollars ($14,620.00) for the
services described in this Agreement. This is the maximum amount to be paid
under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its awn place of business from which i
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 t
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 i
CONSULTANT SERVICES AGREEMENT - 2 1
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
Iof the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
Iofficers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
Ihereunder 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.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
1 was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of 1his
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
i Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
i 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
CONSULTANT SERVICES AGREEMENT- 3
tOver SI0.000)
S
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
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
CONSULTANT SERVICES AGREEMENT - 4
fnuAr tin nnn)
I
other representative of the City, and such statements shall not be effective or be construed as
lentering 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
Iof this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
Imunicipal 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
(btie)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Larry Karpack Timothy J. LaPorte, P.E.
Northwest Hydraulic Consultants City of Kent
16300 Christensen Rd., Suite 350 220 Fourth Avenue South
Seattle, WA 98188 Kent, WA 98032
(206) 241-6000 (telephone) (253) 856-5500 (telephone)
(206) 439-2420 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
,,,c-Hawley Ad/Ca5[eel (R
CONSULTANT SERVICES AGREEMENT - 5
1'nvar a 10 non
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
1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
I
I
i SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
■ CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
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.
tContract 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.
1,.
EEO COMPLIANCE DOCUMENTS - 2
i
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
i
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
i
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
SCOPE OF WORK
HYDRAULIC ANALYSIS FOR POTENTIAL GREEN RIVER LEVEE CERTIFICATION AT
HAWLEY ROAD
DESCRIPTION OF WORK ! PROJECT OBJECTIVES
The objective of this contract is to conduct analyses of the Green River and use the FLO-21D
model previously developed by NHC to evaluate the river and overbank hydraulic conditions
that would result from certification of the Hawley Road levee along the Green River levee within
the City of Kent. The product of the analysis will be mapping and tabular data showing the area
that would be removed from the FEMA floodplam if the Hawley Road levee were certified
LOCATION OF WORK SITE
The geographic extent of the Green River reach to be analyzed is along the right bank of the
Lower Green River study area from the downstream side of the SR 167 Bridge to just
downstream of Washington Street This area is contained within the FLO-21D model previously
developed by NHC for King County and the USACE- the study reach extends from
approximately RM 23 to RM 23 75
TASKS ITEMS AND WORK PRODUCTS
NHC shall furnish all services and labor necessary to complete the following tasks.
Task 1 — Right Bank Setback Levee Hydraulic Analysis, Hawley Road Reach
NHC will model the proposed right bank levee certification between SR 167 and West Valley
Highway (i e the Hawley Road Levee) to support a CLOMR submittal to FEMA concurrent with
the City's application for levee certification The hydraulic analysis will be done using the FLO-
2D model previously developed by NHC for King County's appeal of the FEMA floodplam
mapping of the Green River The area under review will be remodeled assuming the levee is
certified and therefore does not need to be faded for purposes of FEMA mapping The area
landward of the proposed certified levee will be remapped using methods similar to what was
done for the FEMA appeal and at a similar level of detail
jTask2— Interior Drainage Analysis
An interior drainage analysis of the area landward of the certified levee will be conducted This
analysis will assume that the existing drainage infrastructure (pump and storm drains) function
as designed A joint probability analysis (i a considering Green River and coincident local
runoff) will be performed for the period of hydrologic record (1949-2007) The 100-year water
surface elevation for interior drainage will be estimated and mapped It is assumed that a risk
analysis will not be required as the proposed certified levee will provide adequate freeboard
Task3 — Reporting and Mapping
NHC will prepare a memorandum documenting methods and results of the analysis in a format
suitable for inclusion in a CLOMR application A map, considering both interior drainage and
Green River flooding (or the lack thereof) will be produced for comparison with the FEMA
floodplam mapping and for inclusion in the City's CLOMR package
Deliverables:
■ Reporting for inclusion in CLOMR submittal including revised mapping a
rHawley Road Levee Certification 1 July 23, 2010
,j
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following ,
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The 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 A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the 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 September 7, 2010
Category Consent Calendar - 7E
1. SUBJECT: SOUTH CROW STREET ASPHALT OVERLAY AGREEMENT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign an Agreement with
Puget Sound Energy (PSE) for asphalt overlay of West Crow Street, to accept the
forms, and to amend the budget accordingly.
In 2009, PSE installed several miles of natural gas main through the southern
portion of Kent. As a condition of their project, PSE was required to provide a
half-street asphalt overlay of the affected streets.
As a part of the City's 2010 Miscellaneous Sanitary Sewer and Water Improve-
ment Project, the City will be installing a new water main on Crow Street between
1st Street and 51r, Street. It is beneficial to pave this section of Crow Street under
the City's contract. Puget Sound Energy will reimburse the City's water fund the
cost of this overlay which is estimated to be $30,048.
3. EXHIBITS: Public Works Memorandum dated 8/4/10 and Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
i
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P E , Public Works Director
Phone 253-856-5500
KENT Fax- 253-856-6500
WAS"."G FON Address: 220 Fourth Avenue S
Kent, WA 98032-5895
Date: August 4, 2010 11
ITo: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 16, 2010
From: Mark Howlett, P.E., Design Engineering Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Puget Sound Energy (PSE)/South Crow Street Asphalt Overlay
iMotion: Move to recommend Council authorize the Mayor to sign an
Agreement between the City of Kent and Puget Sound Energy for asphalt
overlay of West Crow Street, upon concurrence of the language therein by
the City Attorney and the Public Works Director.
Summary:
In 2009 Puget Sound Energy installed several miles of natural gas main through the
southern portion of Kent. As a condition of their project, Puget Sound Energy was
required to provide a half-street asphalt overlay of the affected streets. One of the
affected streets was South Crow Street between 15t Avenue South and 51h Avenue
South.
As part of the City's 2010 Miscellaneous Sanitary Sewer and Water Improvement
Project the City will be installing a new water main on Crow Street between Vt Street
and 5th Street.
To avoid unnecessary impacts to the general public and provide cost savings, it would
be beneficial to pave this section of Crow Street under the City's contract. Under the
terms of this agreement Puget Sound Energy will reimburse the City the cost of this
overlay which is estimated to be $30,048.
Budget Impact:
Puget Sound Energy will reimburse the City's water fund approximately $30,048.
2010 AGREEMENT FOR HALF STREET ASPHALT OVERLAY OF
W. CROW STREET
(5th Ave. S. — 1st Ave. S.)
THIS AGREEMENT is made and entered into by and between the City of Kent, a Washington
municipal corporation (hereinafter "City"), and Puget Sound Energy, Inc., a Washington public
utility corporation, (hereinafter"PSE").
iRECITALS
WHEREAS, PSE provides gas and power services within the City of Kent in accordance
with applicable Washington State and City of Kent laws, regulations, and franchises; and
WHEREAS, PSE installed a gas main along City of Kent streets and, as part of the gas
main installation work, was required to provide a half-street overlay of the affected roadway
surface, which overlay work is hereinafter referred to as "PSE's Project"; and
WHEREAS, the City proposes to proceed with the 2010 Miscellaneous Water Main
Improvements Project, hereinafter referred to as the "City's Project"; and
WHEREAS, the City and PSE can achieve cost savings and benefits in the public's
interest by incorporating PSE's required surface restoration work into the City's Asphalt
Overlay Project; f
THEREFORE, it is hereby covenanted and agreed by and between the parties as follows:
I. DESIGN
A. The City will provide all design work required for PSE's Project and the City's
Project. PSE's Project is defined in the Project Description attached and
incorporated as Exhibit A. This design work shall include the preparation of
plans, specifications, and estimates. The City shall obtain all necessary permits
for PSE's and the City's Projects.
II. BIDDING
A. The City shall incorporate a set of the Plans and Specifications for PSE's and the
City's Projects into a Contract Bid Document and advertise the Projects for bid.
B. After bid opening, the City shall furnish PSE with the bid prices for PSE's Project
for PSE's review. The Bid award shall be made to the lowest responsive and
responsible bidder for the total project, subject to applicable laws and
regulations.
jIII. CONTRACT ADMINISTRATION
A. The City shall provide the engineering, administrative, inspection, and clerical
services necessary for the execution of the City's and PSE's Projects. The City,
as construction agent, shall have sole judgment with regards to all decisions
related to the work of the Contractor.
IV. PAYMENT
A. An estimate of project costs is attached and Incorporation as Exhibit B.
' B. PSE shall reimburse the City for all actual costs reasonably incurred by the City
in performing PSE's Project, which costs shall include but not be limited to:
1 .
1. The City's internal costs incurred during the design and permitting of
PSE's Project.
2. The contract price, as adjusted by change orders, to perform PSE's
Project.
3. The City's internal costs incurred during construction of the project (i.e.,
all engineering, clerical, administrative, materials testing, surveying, and
inspection services costs and all payroll additives) directly attributable to
PSE's Project.
C. All Work will be performed on the Project and PSE will be invoiced for this work Z
in 2010. All payments shall be due within 45 days from the date the City
invoices PSE for Work performed on the Project, and when due, shall accrue
simple interest at the rate of one percent per month.
V. INDEMNIFICATION AND HOLD HARMLESS
A. Each Party hereto agrees to protect, defend and indemnify the other Party, its
officers, officials, employees and agents from any and all costs, claims, claims
for delay, judgments and/or awards of damages, arising out of or in any way
resulting from the Party's default, failure of performance, or negligent conduct
associated with this Agreement, by the Party, its employees, subcontractors or
agents.
B. Each Party agrees that its obligations under this provision extend to any claim,
demand, and/or cause of action brought by or on behalf of any of its employees
- or agents. The foregoing indemnity is specifically and expressly intended to
constitute a waiver of each Party's immunity under Washington's Industrial
Insurance Act, RCW Title 51, as respects the other Party only, and only to the
extent necessary to provide each Party with a full and complete indemnity of
claims made by the other Party's employees. The parties acknowledge that
these provisions were specifically negotiated and agreed upon by them.
C. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be
construed to limit the parties' right to indemnification under this Agreement.
D. The provisions of this section shall survive the expiration or earlier termination
of this Agreement with regard to any event that occurred prior to or on the date
of such expiration or termination.
VI. TERMINATION
A. If a party fails to comply with any material provision(s) of this Agreement the
other party may terminate this Agreement, in whole or in part, for default upon
thirty (30) days advance written notice to the defaulting party except as set
forth elsewhere in this Agreement. Any extra costs, expenses, or damages
incurred by the non-defaulting party as a result of the termination for default
shall be borne exclusively by the party in default. The rights and remedies of
this provision are in addition to any other rights or remedies provided to the
non-defaulting party by law or under this Agreement. Any termination of this
Agreement for default shall not relieve the defaulting party of any obligation
which may arise out of work already performed prior to such termination.
2
s
I
B. PSE's failure to secure all necessary funding to complete PSE's Work for the
Project will constitute a failure to comply with the material provisions of this
Agreement, in accordance with the termination provisions set forth above.
iVII. OTHER PROVISIONS
A. The City shall retain ownership and usual maintenance responsibility for the
Icompleted overlay work.
B. This Agreement contains the entire written agreement of the parties and
supersedes all prior discussions. This Agreement may be amended only in
writing, signed by the authorized representative(s) for each party.
C. Nothing contained herein is intended to, nor shall be construed to, create any
rights in any third party, or to form the basis for any liability on the part of the
parties to this Agreement, or their officials, officers, employees, agents or
representatives, to any third party.
D. Waiver of any default or breach of this Agreement shall not be deemed to be a
waiver of any other prior or subsequent default or breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to
be such through written agreement of both parties.
E. If any provision of this Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement shall not be affected
thereby and shall continue in full force and effect if such remainder would then
continue to serve the purposes and objectives of the parties.
F. Each party shall maintain records that accurately reflect all actions taken and
services provided pursuant to this Agreement, and all direct and indirect costs
incurred in the performance of this Agreement. Such records and documents
shall be subject to inspection, review, or audit by City of Kent, PSE, and/or
federal, state, and local officials so authorized by law, at the requesting party's
sole expense. Such records shall be made available for inspection or audit
during the record keeper's regular business hours within a reasonable time after
the record keeper's receipt of a request for inspection of the same. These rights
and obligations shall exist during the performance of the Agreement and
continue for six (6) years after the termination or natural expiration of the
Agreement, whichever first occurs.
G. In the event of a contractual dispute between the Parties regarding this
Agreement, the Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, the matter shall be
1 forwarded for discussions to the Director of Contractor Management of PSE and
the City of Kent Director of Public Works, or their respective designee(s). If this
process fails to resolve the dispute within thirty (30) days after such referral, a
party may pursue any legal remedy available or the Parties may agree to submit
the matter to mediation or other alternate dispute resolution. If the Parties
submit the matter to alternate dispute resolution and the matter is not resolved,
a party shall be entitled to pursue any legal remedy available in a court of law.
H. In the event that either party deems it necessary to institute legal actions or
proceedings to enforce any right or obligation under this Agreement, the parties
hereto agree that any such action shall be initiated in King County Superior
Court of the State of Washington. This Agreement shall be interpreted and
construed in accordance with the laws of the State of Washington. PSE hereby
1 3 �
1
consents to the personal jurisdiction of the King County Superior Court of the
State of Washington.
IN CONSIDERATION of the mutual benefit accruing herein, the parties hereto agree that the
work as set forth herein will be performed by the City under the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the
date last written below.
CITY OF KENT, WASHINGTON PUGET SOUND ENERGY ,
Mayor Senior CoA�-/ract and mistrator
�7;e " / e e
Name (print) Name (print)
rr� 3 vo
Date ,Oiate,
Approved as to Form:
Signature
Name/Title Date
4
t
tEXHIBIT A
TO AGREEMENT FOR ASPHALT OVERLAY OF
W. Crow Street
PROJECT DESCRIPTION
IThe City of Kent will provide a full-width overlay of the following streets:
• W. Crow Street from 5m Ave. S. to 1st Ave. S.
i
i
t ;t
t �
t
EXHIBIT B 1
W.Crow Street
(STh Ave.S.to 1 st Ave.S.)
4r
1TLYi ffFNft1ESCRiPTI0N UNIT QUANTITY UNLT COST' TOTAL'
COST
NO. `
1100 HMA for Half Width Overlay Class B PG 64-22 TON 220 $ 8400 $ 18,48000
1110 Plan Bift m s Pavement SY 452 S 500 $ 2,26000
1225 Ad ust Existing Manhole Cover to Finished Grade EA 1 $ 30000 $ 30000
5005 Traffic Control Labor HR 95 $ 200 $ 19000
5010 Construction Sips,Class A SF 120 $ 0 10 $ 1200
5015 Traffic Control Su ervisor BR 5 $ 200 $ 10 00
5115 Plastic Stop Line LF 36 1$ 800 $ 28800
Sub-Total $ 21,540.00
9.5%Sales Tax $ 2,046.30
30%Engineering&Cont. $ 6,46200
TOTAL $ 30,048 30
NOTE* The above unit bid cost are acual Contractor's bid unit cost for this project
The fmal project cost will be based on actual quantities used for construction
C\Documents and Settings�peande\L.ocal 5etdngs\Tempamry Internet Flles\OLKI0\PSE 2010 Miscellaneous Water Improvements Asphalt Overlay Cost Estimate Exhibit B As 7/22/2010
i
Kent City Council Meeting
Date September 7, 2010
Category Consent Calendar - 7F
1. SUBJECT: LID 362 FINAL ASSESSMENT ROLL, RESOLUTION SETTING
HEARING DATE - ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. setting October 8,
2010, for the public hearing on the confirmation of the final assessment roll for
Local Improvement District No. 362, and designating the Public Works Committee
to act as the Board of Equalization for that hearing and directing that notice
thereof be given in the manner required by law.
3. EXHIBITS: Resolution and Public Works Memorandum dated 8/5/10 &
attachment
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? Yes
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
KENT Fax 253-856-6500
W 5"'"G'0" Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 5, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 16, 2010
From: Chad Bieren, City Engineer
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Local Improvement District (LID) 362: Set Hearing Date for
Confirmation of Final Assessment Roll/East Valley Highway (SR
167 to S. 2121h St)
Motion:
Move to recommend that the City Council set October 5, 2010, at 3:00
p.m. in the Kent City Council chambers, as the date, time and place for the
public hearing to confirm the final assessment roll for Local Improvement
District No. 362, and to designate the Public Works Committee to act as
the Board of Equalization for that hearing.
jSummary:
The East Valley Highway project was on our 6-year Transportation Improvement
Program for some time for widening and rehabilitation of the pavement. The City
Engineering Section was very successful in obtaining grants for the project and
received 6 grants totaling just over 4 million dollars from 4 funding partners. Also,
properties representing 37 percent of the assessment had signed no protest L.I.D.
Covenants and Environmental Mitigation Agreements for road improvements.
The preliminary L.I.D. hearing was held on March 20, 2007 and the City Council
passed the ordinance forming the L.I.D. and directed staff to proceed with the
project. The project is now nearly complete and the Public Works Department would
like to close out the L.I.D. Sidewalks, acceleration / deceleration lanes and utilities
are considered a special benefit to the local properties and provided the basis for the
L.I.D assessments.
Budget Impact:
The construction is near completion and we are read to finalize the L.I.D. The
P Y
total final assessment is $2,422,936.03 which is the same as the preliminary
assessment. The next step is to schedule the public hearing on the confirmation of
the final assessment roll. Will
ZFor additional information and details about the project and the L.I.D., see
Attachment 'A'.
iEMLID/inalmemo doc/mkv I
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r
ATTACHMENT 'A'
IMPROVEMENTS FOR EAST VALLEY HIGHWAY:
East Valley Highway was a 5 lane road with 2 lanes in each direction and a center
turn lane. A third through lane existed at some locations but tapered back to 2
lanes. The project improved and rehabilitated East Valley Highway to the City
principal arterial standard. The overall project limits are SR 167 to the south and S.
212th Street to the north. See the attached project map. The roadway
improvements included:
• Widening to 7 lanes Q lanes each direction with a center turn lane).
• Installation of cement concrete sidewalks where sidewalks did not exist and
replacement of existing sidewalks where the road was being widened.
Included was sidewalk installation on the north side of S. 2161h Street from
East Valley Highway to approximately 565 feet west of the center line of East
Valley highway to connect to the existing sidewalk on S. 216th Street. IM
• Deteriorated portions of the existing roadway pavement were removed and
replaced
• The entire roadway area received an asphalt overlay.
• Catch basins and storm drains, driveway approach aprons and curb and gutter
were replaced where necessary.
• Traffic signals were modified and upgraded to accommodate the widened
road.
• Existing utilities and other improvements such as fire hydrants, power poles,
street light poles, mailboxes, fences and signs were relocated or adjusted as
necessary.
• New channelization
r New traffic signing
• New illumination system.
1 • Additional storm drainage including storm water detention and water quality
facilities.
• Street trees and hydroseeding of unpaved areas.
• Nine properties received sewer and or water extensions and or stubs.
• Temporary erosion and sedimentation control facilities during construction.
NEED FOR THE IMPROVEMENTS:
East Valley Highway is a principal arterial with an average daily traffic volume of
over 21,000 vehicles. Based on traffic studies this volume is expected to continue to
increase in the future. There was a third lane in some areas (installed by the
adjacent property owners upon development), however, it narrowed back to two
lanes in places creating congestion The third lane is needed throughout the project
limits. Because of this need, this project was included in the City's Six Year
Transportation Improvement Program for a number of years.
EMLIUfinalmemo doadmkv 2
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rProject 403-3009
The sidewalk system was incomplete; therefore additional sidewalk was needed for
pedestrian traffic and to meet City standards.
Utility extensions were needed to provide a connection point outside of the new
roadway section for unserviced properties. This eliminated the need to cut into the
roadway section in the future when utility connections are needed. This will also
reduce future connection costs for those properties.
The project:
• Provided needed north-south capacity to the existing traffic system along the
East Valley highway corridor.
• Improved movement of freight through the corridor.
• Improved ingress and egress for the adjacent properties.
• Provided a safer route for pedestrians and bicycles.
• Encourages increased use of transit.
• Adds additional service life to the roadway pavement.
• Improves the road to City principal arterial standards.
• Provides the improvements specified in previously executed L.I.D. covenants
and EMA's and will provide the improvements that will be required of future
developments along East Valley Highway.
• Provides utility access for unserviced properties.
FUNDING:
The L.I.D. component assessments are as follows:
Third Lane $ 1,600,000.00
Sidewalk $ 411,711.00
Utility Extensions $ 191,621.04
Overlay Agreements $ 219,603.99
TOTAL $ 2,422,936.03
The City purchased a vacant property within the project to construct the storm
water detention and treatment facilities. The assessment for this property is
$19,644.39 which the City will pay.
ASSESSMENT METHOD:
The assessments take into consideration the entire project, including the additional
lane and sidewalk. Some properties within the L.I.D. boundary are assessed for the
third lane and sidewalk improvements, some for only one if the lane or sidewalk
already exist, and some properties receive a zero assessment where the street
frontage already has both the additional lane and sidewalk. If the improvements
exist across a portion of the property, only the portion without the improvement is
included in the assessment calculation. Properties without street frontage are not
assessed for sidewalk. There are properties along East Valley Highway within the
project limits that are not within the proposed L I D. boundary. These properties
are to the north and south of the L.I.D. area and already have the additional lane
E HLLQfinalmemo doc/mkv 3
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Project403-3009
and sidewalk so these properties cannot be assessed for these improvements.
Several properties are also assessed for utility work or asphalt overlay of the
existing roadway.
The total L.I.D. amount for each assessment category is distributed to the benefiting
properties based on a square footage formula. The rate per square foot is reduced
with distance into the property (away from the roadway) and is the lowest at the
rear. The rate decreases with each 100 feet of property depth from the future
frontage property line. This method is included in the state law governing L.I.D.
assessments.
Utilities (water and sewer), where required, are assessed at 100 percent of the
estimated cost to the property serviced. The grants do not cover utilities.
Three properties have executed asphalt overlay agreements with the City to share a
cost of the asphalt overlay portion of the project. These assessments are based on
the agreement and the estimated cost for the work.
SPECIAL BENEFIT TO L.I.D. PROPERTIES:
When discussing L.I.D. projects, benefit received is an important issue, since benefit
is the basis for the L.I.D. assessment. Benefit is defined as the increase in property
value brought about as a direct result of the L.I.D. improvements. L.I.D.
assessments can be less than or equal to the benefit received.
Street frontage improvements benefit the property and are necessary for
development or redevelopment. These improvements provide the basis for the
L.I D assessments. The City requires street frontage improvements in accordance
with City ordinance as a condition of development and or redevelopment for
properties located on streets where improvements are planned.
Previously, various properties within the project area have executed No Protest
L.I.D. Covenants for road improvements in conjunction with their seeking a
development permit in lieu of actually constructing the improvements. However,
others have actually constructed improvements at the time of development. The
proposed project and local improvement district will provide the necessary
improvements to satisfy future street improvement requirements.
The City has taken the lead on improving East Valley Highway and placed the
project on the City's Six Year Transportation Improvement Program. This allowed
the City to obtain grant funds to pay for a large portion of the roadway improvement
costs. The grant funds help to reduce the cost of the improvements to the property G
owners and lower the L.I.D. assessments. Without the grant funding, the properties
would be faced with a larger cost for the frontage improvements.
The grant funding mentioned represents the benefit to the City and general public.
The L.I.D assessment however, is for the special benefit to the local properties.
4
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Prolect#03-3009
PAYMENT OF ASSESSMENT:
Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a '
30-day period in which any portion or all of the assessment can be paid without
interest charges. After the 30-day period, the balance is paid over a fifteen-year
period wherein each year's payment is one-fifteenth of the principal plus interest on
the unpaid balance. The first yearly payment is due one year after the 30 day
period. The property owner will receive a billing notice from the City each year.
EMLlD/Jnalmemo doclmkv 5
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Prolect W)3-3009
i
i
RESOLUTION NO.
f
A RESOLUTION of the city council of the
city of Kent, Washington, fixing a time and place for
hearing on the final assessment roll for Local
Improvement District No. 362, and directing that
notice thereof be given in the manner required by
law.
IRECITALS
A. The final assessment roll for Local Improvement District No.
362, which was created and established by Ordinance No. 3833 passed by h
the City Council on April 17, 2007, has been prepared as provided by law
and is on file with the City Clerk. It is therefore necessary to fix the date
for a hearing thereon before the City Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
IWASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
i
RESOLUTION
SECTION 1. - Heanna Date and Time. The public hearing on the final
assessment roll for Local Improvement District No. 362 will be held before
the Public Works Committee at 2:00 p.m., local time, in the Council
1 LID 362 - Set Public Hearing
' on Final Assessment Roll
Chambers, City Hall, located at 220 - 4ch Avenue South, Kent, Washington on
October 8, 2010. ,
SECTION 2. - Hearing Notice. The City Clerk is instructed to cause
notice to be given both by mailing and publication as required by law. `
SECTION 3. - 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 September, 2010.
CONCURRED in by the Mayor of the City of Kent this day of
September, 2010.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
2 LID 362 - Set Public Hearing
on Final Assessment Roll ,
CERTIFICATION
I. the undersigned, City Clerk of the City of Kent, Washington (the
"City"), hereby certify as follows:
1. The attached copy of Resolution No. (the "Resolution") is
a full, true, and correct copy of a Resolution duly adopted at a regular
meeting of the City Council of the City held at the regular meeting place
' thereof on September —, 2010 as that Resolution appears on the minute
book of the City; and the Resolution will be in full force and effect
immediately following its adoption; and
2. A quorum of the members of the City Council was present
throughout the meeting and a majority of those members present voted in
the proper manner for the adoption of the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this day
of September, 2010.
CITY OF KENT, WASHINGTON
Brenda ]acober, City Clerk
I
1 P \Cron\Resolution\LID362-PublicHrgFinalAssessmentRoll docx
3 LID 362 - Set Public Hearing
on Final Assessment Roll
Kent City Council Meeting
Date September 7, 2010
Category Consent Calendar - 7G
1. SUBJECT: S. 224T" STREET PROJECT CONSULTANT AGREEMENT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant
Services Agreement with Jones & Stokes Associates, Inc. in an amount not to
exceed $23,086.33, for the purpose of providing environmental permitting
services for the S. 224th Street Project.
3. EXHIBITS: Public Works Memorandum dated 8/6/10 and Consultant Services
Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
ICouncilmember moves, Councilmember seconds
DISCUSSION:
' ACTION:
PUBLIC WORKS DEPARTMENT
Timothy I LaPorte P E , Public Works Director
Phone 253-856-5500
�IKNT Fax 253 856 6500
1 W "'IN
`,T°" Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
L ,
Date: August 6, 2010
To: Chair Debbie Raplee and Public Works Committee Members ,.
PW Committee Meeting Date: August 16, 2010
From: Garrett Inouye, P.E., Project Engineer
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Consultant Services Agreement with Jones & Stokes Associates,
Inc. to provide environmental permitting services for the S.
224`h Street Project.
Motion:
Move to recommend Council authorize the Mayor to sign a Consultant
Service Agreement with Jones & Stokes Associates, Inc. for the purpose
of providing environmental permitting services for the S. 224`h Street
Project in an amount not to exceed $23,086.33, upon concurrence of the
Ilanguage therein by the City Attorney and the Public Works Director.
Summary:
The S. 224th Street Project was approved by Council on April 2, 2008. The Project
will extend S. 224th Street near East Valley Highway to Benson Road. This includes a
1 bridge over SR 167 and Garrison Creek. Construction of the Project requires permits
from various federal and state permitting agencies. The Consultant will prepare a
Biological Assessment which will be included in the Joint Aquatic Resources Permit
' Application (DARPA). The Consultant will also verify the wetland delineation needed
for the DARPA.
i
Budget Impact:
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.
Jig
KENT
Wg5HIH.TUN
CONSULTANT SERVICES AGREEMENT
' between the City of Kent and
' Jones & Stokes Associates, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
' (hereinafter the "City"), and Jones & Stokes Associates, Inc. organized under the laws of the
State of Delaware, located and doing business at 1108 1Ith Street, Suite 301, Bellingham, WA
98225, Phone: (360) 255-2920/Fax: (360) 255-2924, Contact: Chris Soncarty (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 environmental permitting services for the S. 224t'
Street Project. For a description, see the Consultant's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
1 II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2011.
1 III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty Three Thousand, Eighty Six Dollars and thirty three cents
($23,086.33) for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the
form of a negotiated and executed amendment to this agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein
' shall remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Under $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 t
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
(Under$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, 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.
' In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
tby a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement. NIi
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
' Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
acontractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Under$10,000)
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
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
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
' documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
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:
Chris Soncarty Timothy J. LaPorte, P.E.
Jones & Stokes Associates, Inc. City of Kent
1108 11`h St., Suite 301 220 Fourth Avenue South
Bellingham, WA 98225 Kent, WA 98032
(360) 255-2920 (telephone) (253) 856-5500 (telephone)
360 255-2924 facsimile (253) 856-6500 (facsimile)
]ones&Stokes-224'/Inouyei
' CONSULTANT SERVICES AGREEMENT - 5
(Under$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.
�I
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.
1
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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:
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1
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
SCOPE OF WORK
Environmental Permitting Related Services
' South 224th Street Project
City of Kent Public Works Department
Statement of Work
The intent of this scope of work (scope) is for ICF Jones & Stokes (CONSULTANT) to provide a suite of
1 environmental permitting services to the City of Kent Public Works Department (CITY) for the South
224th Street Project (Project). The Project will be constructed in three phases Phase 1 will be from
84th Avenue South east across State Route (SR) 167 to 88th Avenue South and will include an overpass
over SR 167, Phase 2 will go north from the terminus of Phase I on 881h Avenue South to South 218th
Street, east to the vicinity of 94th Place South, and; Phase 3 will continue east on South 218th Street,
north on 98th Avenue South and east on South 216th Street to the project terminus at Benson Road
The environmental permitting services to be provided include- verification of previous wetland
delineations, preparation and submittal of a Biological Assessment (BA), as well as necessary
coordination with the appropriate federal and state permitting agencies as the authorized agent for the
CITY during the permitting process The environmental permitting services for the protect will be for
Phase I and 11 of the project
This scope describes the Tasks and Sub-Tasks to be accomplished by CONSULTANT and
summarizes the assumptions and deliverables under each Task
The scope includes the following Tasks.
■ Task 1 Verification of Wetland Delineation and Technical Memorandum
■ Task 3- Prepare and Submit Biological Assessment (BA)
■ Task 5. Project Management
A description of each Task and Sub-Task to be completed by CONSULTANT under this scope is
' presented below This project will be billed on a time and materials, not to exceed basis Budget may
be shifted between tasks, but shall not exceed the total budget amount of $35,542 06
Task 1: Verification of Wetland Delineation and Technical Memorandum
1.1 Review EIS and Adolfson Wetland Technical Report
CONSULTANT will review the project SEPA EIS and the September 2006 Wetland Technical Report
prepared by Adolfson in advance of completing the wetland delineation field verification to become
familiar with the category, type, and extent of the wetlands along the project corridor This review will
also facilitate future mitigation planning (future mitigation planning is not included in this scope of work).
1.2 Verification of Adolfson Wetland Delineation
CONSULTANT will conduct field work to verify the boundaries of the wetlands delineated by Adolfson
Associates in 2005/2006 as documented in the September 2006 Wetland Technical Report (an
appendix to the SEPA EIS for the project) Specifically, the boundaries of Wetlands A through P will be
verified by collecting Corps-form sample plots within and adjacent to the wetlands to verify their extent
has not changed since the Adolfson delineation was completed For wetlands which extend well
1
outside of the anticipated area of wetland impact as depicted on Figure 24 of the SEPA EIS (i.e.
Wetlands C, J, and K), we will verify the edge closest to the project corridor (i a the leading edge).
CONSULTANT will flag any modifications to the wetland boundary that are necessary and will transmit
a sketch map to the CITY so those changes can be surveyed and impacts recalculated for permitting ,
and mitigation purposes.
CITY will calculate wetland impacts (acres and volume of excavation/fill) and will provide impact '
numbers and figures illustrating impacts to each wetland and its buffer to CONSULTANT for use in the
Wetland Technical Memorandum (Sub-Task 1 4).
1.3 Flag Ordinary High Water Mark
CONSULTANT will flag in the field the Ordinary High Water Mark (OHWM) of Garrison Creek crossing
at South 218th Street and the Lower Garrison Creek on either side of SR 167 to facilitate determination ,
of federal jurisdiction for environmental permitting and to provide OHWM elevation for required inclusion
on all permitting figures and to facilitate calculation of excavation/fill/restoration for project permitting
The CONSULTANT will only flag the OHWM 50 feet upstream and 50 feet downstream of the existing ,
roadway along the project corridor.
1.4 Wetland Technical Memorandum
Following CITY survey of any changed wetland boundaries, CONSULTANT will complete a Wetland '
Technical Memorandum to document the field verification methods, results, and conclusions The
Wetland Technical Memorandum will include Corps-form data plots and figures illustrating the revised ,
extent of Wetlands A through P, as necessary, as well as descriptions of the wetlands and the OHWM
of Garrison and Lower Garrison Creeks.
1.5 Agency Field Meeting
This task includes up to 4 hours for the lead wetland biologist to attend one field verification meeting
with applicable regulatory agencies (i e Corps, Ecology, WDFW, and/or City of Kent) to view and verify
any changes CONSULTANT makes to wetland boundaries along the project corridor
Deliverables: ,
• Draft Wetland Delineation Technical Memorandum for CLIENT Review [electronic copy]
• Final Wetland Delineation Technical Memorandum for inclusion as attachment to JARPA
Package (Task 2) ,
Assumptions:
■ CITY will secure permission to access private property to complete the wetland delineation
verification, as necessary.
• CITY will have the wetland boundaries delineated by Adolfson for the SEPA EIS along the
project corridor, re-staked along the leading edge prior to CONSULTANT field verification
■ CITY will survey any adjustments made by CONSULTANT to the delineated wetland
boundaries.
• CITY will survey OHWM flags placed by CONSULTANT along Garrison Creek and Lower
Garrison Creek
■ CITY will create revised wetland, stream, wetland buffer, and stream buffer impact table(s),
including area and volume of impact (excavation/fill) and will supply the revised table(s) to
CONSULTANT for use in Wetland Technical Memorandum, JARPA (Task 2) and BA (Task 3)
■ CITY will create revised figures illustrating wetland, stream, wetland buffer, and stream buffer
impacts (i a refinements of the Adolfson sheets L.1-0 through L 1-12 of the September 2006
Wetland Technical Report) for inclusion by CONSULTANT in Wetland Technical Memorandum
and JARPA package (task 2)
2 i
■ Wetland mitigation areas will not be delineated under this scope of work.
■ Wetland mitigation plan will not be prepared under this scope of work
■ One round of CITY review of the draft Wetland Technical Memorandum and one set of
consolidated comments from the CITY will be provided to the CONSULTANT Suggested
changes to the text of the Wetland Technical Memorandum will be submitted to CONSULTANT
in track changes.
Task 3: Prepare and Submit Biological Assessment
The CONSULTANT shall prepare a Biological Assessment (BA) for the Project, per the requirements of
Section 7 of the federal Endangered Species Act (ESA) The project area for the BA is considered to
include the project footprint (i a location of construction and construction ingress/egress) and any
related on-site or off-site mitigation. The action area is considered to include the surrounding
environment likely to experience "effects" from the project. The action area for the BA will be inclusive
of the following.
■ Project footprint and areas disturbed by construction activities (including required mitigation)
■ Limits imposed by the requirements of the ESA for the protection of listed or protected species.
For federally listed terrestrial species, the impact area includes those areas which may be
affected by noise or disturbance from project related activities or changes in activities
associated with the use of the project corridor, as well as those impacts associated with
mitigation requirements imposed on the protect This area is currently not defined, but may
extend up to one-half mile (0.5 mile) from the project footprint, or more depending upon the
construction equipment and techniques employed and the location of mitigation
' The outline for the BA will be refined for protect specific details and topics of concern identified by the
Corps (lead federal agency under the ESA)
Protect description is expected to include improvements to an existing roadway (conversion of an
existing 2-lane roadway to a 3-lane roadway with sidewalks, curbs and gutters), a new overpass at SR
167, construction of new roadway in areas where the alignment must divert from the existing alignment
' due to roadway design standards, construction of stormwater treatment and detention facilities,
replacement of the bridge at Garrison Creek, relocation of existing pipes adjacent to the existing bridge,
and completion of required mitigation.
' The BA will outline the project description and analyze the level of direct and indirect effects, as well as
the effects of interrelated and interdependent actions The resource information presented in the BA
will be based on existing information and data collected during the wetland delineations (Task 2), as
applicable
The federally protected species, and their designated critical habitat to be covered in the BA include
Chinook salmon of the Puget Sound Evolutionarily Significant Unit (ESU), steelhead of the Puget
Sound Distinct Population Segment (DPS) and bull trout of the Coastal/Puget Sound DPS Other
species will be described in the BA and a determination of No Effect will be made up-front based on the
lack of suitable habitat within the project action area (e.g. northern spotted owl, marbled murrelet,
Canada lynx, grizzly bear, gray wolf, golden paintbrush, and killer whales) and an analysis for the
effects of the project on these species will not be presented in the BA.
3.1 Prepare the Draft BA
The draft BA will be provided to the CITY for review prior to submittal to the permitting agencies. s
Comments received from the CITY on the Draft BA will be addressed by the CONSULTANT The
Corps will be the lead federal agency under Section 7 of the ESA, therefore the CONSULTANT will
prepare the draft BA per the Corps' guidance on preparation of BAs J
The draft BA will also include an analysis of Essential Fish Habitat, per the Magnuson-Stevens Fishery
Management and Conservation Act (Magnuson-Stevens Act), which requires federal agencies (i a the
Corps) to consult with the NMFS for actions they fund, authorize or permit that could impact EFH for
3
Pacific salmon, groundfish and/or coastal pelagic species. The Project could impact EFH for Pacific
salmon
3.2 Prepare the Final BA
The CONSULTANT will address CITY comments and prepare the final BA, which will be submitted to
the appropriate permitting agencies as an attachment to the JARPA Form As the lead federal agency
under the ESA and the Magnuson-Stevens Act, the Corps will be responsible for requesting and
completing Section 7 consultation with the U S Fish and Wildlife Service (USFWS) and the National
Marine Fisheries Service (NMFS) per the requirements of the ESA The Corps will also be responsible
for consultation with NMFS per the requirements of the Magnuson-Stevens Act.
Deliverables: '
■ Draft BA for CITY Review [electronic copy]
■ Final BA for submittal as part of the JARPA Package [Eight (8) hard copies (3 to Corps, 2 to
WDFW, 1 to Ecology and 2 to CITY) and one (1) electronic copy of all files]
Assumptions:
■ CITY will provide a project description, which should include volume and area of excavation and
fill, existing and proposed impervious surface area, stormwater treatment and detention facilities
and the appropriate hydrologic and hydraulic analysis to demonstrate the adequacy of the '
facilities in detaining and treating the volume of stormwater generated by the project, required
mitigation, general construction equipment and methods, avoidance and minimization
measures, duration of construction activities
• CITY shall share/provide all relevant existing project related information with CONSULTANT,
including Project Description, Design Sheets, relevant environmental documents (e g, technical
memorandum, existing conditions reports, design reports, figures, graphics, environmental
documents, etc )
■ At the onset of the project, the CONSULTANT shall provide CITY with a list of information needs
necessary to complete the BA The schedule of the BA preparation is dependent on the CITY
providing the CONSULTANT with a detailed project description, identifying suitable mitigation
site(s), and defining appropriate stormwater treatment and detention facilities
■ One round of CITY review and consolidated comments on draft BA, submitted to
CONSULTANT in track changes
• Response to minor comments on BA from the permitting agencies is included in Task 5 '
Task 5: Project Management
5.1 Project Administration
The CONSULTANT shall prepare monthly progress reports identifying work completed during the ,
invoicing period, percent of work completed to date, period hours, period labor costs, period direct
expenses, status of Tasks, and, if Tasks are behind schedule and/or over budget, how the
CONSULTANT shall address these issues and bring them back into compliance with the contract. The
progress reports will also identify any outstanding issues or foreseeable issues that are of concern.
The CONSULTANT protect manager, protect director, and financial administrative assistant will be
responsible for administering the contract, scheduling resources, handling team communication (both
internally and with the CITY), responding to requests for information, preparing invoices, tracking
budget, and related protect management and administrative tasks '
4 ,
5.2 Project Meetings/Telephone Calls
' This task also includes staff time for in-person and/or telephone conference meetings directly between
CITY and CONSULTANT for the three key CONSULTANT team members integral to the various tasks
' at the request of the CITY (up to 8 hours for each of three key staff over course of the project).
Deliverables:
■ Monthly progress reports and invoices and related budget coordination by email or phone.
■ Emails and meeting notes regarding project status, questions, and decisions.
1 Assumptions:
' ■ Project will proceed according to schedule, and will last no more than 8 months (August 2010
through March 2011).
' ■ Not more than 1 hour per month for the project manager for invoicing and one-half hour per
month for the financial assistant will be necessary to comply with CITY invoicing requirements
' Schedule
CONTRACTOR would begin as soon as the signed contract is received (anticipated to be by August 6,
' 2010) and extend through the submittal of permit documents and related coordination regarding permit
issuance (end of March 2011) Tasks associated with this scope of work would generally occur
according to the following anticipated schedule
' Schedule extension due to unanticipated delays [e g contracting, project design, stormwater design,
selection of a mitigation site (not included in this contract) or due to permitting timelines by resource
agencies] may result in a shift of dates highlighted here Please note CITY responsibilities for project
design, mitigation site selection, and impact calculations to support the anticipated project schedule
• By August 6, 2010 Award contract in place and CITY has wetland boundary flags reestablished
in field
■ August 13, 2010 Submit APE Letter to DAHP and affected Tribes— Initiate Section 106
' • August 20, 2010 Complete wetland delineation recheck and BA-related field work
July and August: CITY is working on project design and mitigation site selection
September 10, 2010 Recheck flags surveyed and wetland technical memo is drafted, BA is drafted as
much as possible
September through October- CITY completes project design and supplies wetland r
impact calculations, mitigation site is selected and mitigation design begins (separate
contract)
■ November 12, 2010- Wetland Technical Memorandum and BA are completed with impacts and
' mitigation ratio information
■ November 29, 2010- Final details-regarding mitigation site design and project design are
received from CLIENT, all permitting documents and figures are then able to be completed
December 10, 2010 CONTRACTOR completes mitigation site design (separate contract)
5
■ December 20, 2010 Complete draft JARPA package for client review (including mitigation plan)
January 10, 2011 all CITY comments received on draft JARPA package
■ January 21, 2011 final JARPA package submitted to permitting agencies ,
■ -- March 31, 2011: Receive permit review comments from Corps, Ecology, WDFW, and City of
Kent to be incorporated into project by CITY *
*Please note that permit submittal timing and permit review timelines by Corps, Ecology, WDFW, and 1
City of Kent are outside the control of CONSULTANT We have anticipated to the best of our abilities a
reasonable permit review period, but delays in permit review and comment will negatively affect this 1
schedule
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Kent City Council Meeting
Date September 7, 2010
Category Consent Calendar - 7H
1. SUBJECT: 2010 CITYWIDE LARGE CULVERT PIPE CLEANING INTERLOCAL
AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal
Agreement with Drainage District No. 1 of King County for the City to receive a
$100,000 contribution from Drainage District No. 1 toward the cost of the 2010
Citywide Large Culvert Pipe Cleaning Project, to accept the funds, and to adjust
the budget accordingly.
' 3. EXHIBITS: Public Works Memorandum dated 8/6/10 and Interlocal
Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P E , Public Works Director
Phone 253-856-5500
KENT Fax 253-856-6500
WAS III
A511 N GT O N Address- 220 Fourth Avenue S
Kent, WA 98032-5895
Date: August 6, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 16, 2010
From: Joe Fielding, Environmental Engineer
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: 2010 Citywide Large Culvert Pipe Cleaning Interlocal Agreement
between the City of Kent and Drainage District No. 1 of King
County
Motion:
Move to recommend Council authorize the Mayor to sign the Interlocal
Agreement between the City of Kent and Drainage District No. 1 of King
County for the City to receive a $100,000 contribution from Drainage
District No. 1 toward the cost of the 2010 Citywide Large Culvert Pipe
Cleaning Project, upon concurrence of the language therein by the City
Attorney and the Public Works Director.
Summary:
The City of Kent 2010 Citywide Large Culvert Pipe Cleaning project along Mill Creek
in Kent involves working on Drainage District No. 1 of King County property. The
Drainage District Commissioners agreed at their last meeting on July 29, 2010 to
contribute $100,000 to this project since there is a mutual benefit to the Drainage
District. This benefit includes better drainage and flow of stormwater through their
property along Mill Creek.
The funds will be available on October 31, 2010 and will need to be returned to the
Drainage District after December 31, 2011 if the project work is not completed. This
project includes removal of sediment, invasive vegetation species and refuse at ten
sites in the City. Nine sites are along Mill Creek and one is on Soosette Creek. The
City is doing the work to provide better storm water conveyance and reduce flooding
along roads and creeks in Kent. The estimated cost of the project is $941,000.
l
Budget Benefit:
The City will receive a contribution of $100,000 to the storm drainage utility.
Interlocal Agreement Regarding
Kent 2010 Citywide Large Culvert Pipe Cleaning
(between the City of Kent and Drainage Distract No 1 o/King County)
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the CITY
OF KENT, a Washington municipal corporation ("Kent") and DRAINAGE DISTRICT NO 1
OF KING COUNTY, a Washington municipal corporation, located and doing business at 19414
841" Avenue S , Kent, WA 98032 ("District").
Recitals
A Kent and District are public agencies as defined by Ch. 39.34 of the Revised Code
of Washington, and are authorized to enter into interlocal agreements on the basis of mutual
advantage and thereby to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population, and
other factors influencing the needs and development of local communities
f
B. Kent is undertaking a project known as 2010 Citywide Large Culvert Pipe
Cleaning (hereafter "Culvert Cleaning"), which is expected to occur in 2010-11 and is estimated
to cost Kent approximately $941,000.
C The District's purpose is to ensure the flows of drainage waters in its jurisdiction.
Kent's Culvert Cleaning Project proposes to clean nine (9) project sites within District right of
way along Mill Creek in order to remove sediment, invasive vegetation, and garbage from
culverts The District expects to benefit there from due to increased water conveyance ability.
Accordingly, because of the benefits to be received by the District, the District desires to
contribute toward Kent's costs to complete the project.
NOW THEREFORE, in consideration of the terms and provisions contained herein, it is
iagreed between Kent and District as follows.
Agreement
1. Purpose It is the purpose of this Agreement to outline the terms under which the
District will contribute the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000)
toward the cost of Kent's Culvert Cleaning Project.
2. Duration. This Agreement shall become effective on the last date it is ratified by
the legislative bodies of Kent and the District Unless terminated by either party in accordance
with section 7 below, this Agreement shall remain in full force and effect until the completion of
the Improvement Project, which is anticipated to be no later than December 31, 2011.
3. Administration of Agreeinent. Kent and the District shall each appoint a
representative who shall be authorized to administer this Agreement on their behalf.
INTERLOCAL AGREEMENT REGARDING
2010 CITYWIDE LARGE CULVERT PIPE CLEANING- I of
(btwn Kent and Drainage Dist No I of King County)
4. Contribution to Kent In consideration of this Agreement, the Culvert Cleaning
Project undertaken by Kent, and the benefits that the Project will confer upon the District, the
District agrees to contribute the sum of ONE HUNDRED THOUSAND DOLLARS (S100,000)
to Kent. This sum shall be remitted by the District to Kent by October 3 t, 2010, or by such other
date as may be mutually agreed upon by the parties' appointed administrators
5. Failure to Perform the Project - Return of Contribution As a condition of the
District's contribution toward the cost of the Culvert Cleaning Project, in the event Kent does not
execute the Culvert Cleaning Project as to the nine (9) sites on Mill Creek that are in the
District's right of way, the District reserves the right to demand repayment of the full
contribution if such demand is made upon City, then City shall promptly return the full sum
previously contributed by the District.
6. Entry upon Land Kent's contractor for the Culvert Cleaning Project has been
provided sufficient access to District property by previous negotiation. That access and the
terms of those negotiations do not form a part of this Agreement.
7. Termination by Mutual Written Agreement. This Agreement may be terminated at
any time by mutual written agreement of the parties.
8. Indemnification and Hold Harmless. Kent shall defend, indemnify and hold
District, 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 Kent's performance of this Agreement and Its Culvert Cleaning Project,
except for that portion of the injuries and damages caused by District's negligence, if any.
The provisions of this section shall survive the expiration or termination of this
Agreement.
9. Miscellaneous.
9.1 Amendments This Agreement may only be amended by mutual written
agreement of Kent and District.
9.2 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.
9.3 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
INTERLOCAL AGREEMENT REGARDING
2010 CITYWIDE LARGE CULVERT PIPE CLEANING-2 of 4
(btwn Kent and Drainage Dist No I of King County)
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
1 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 District's right to
indemnification under section 8 of this Agreement
9 4 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.
9.5 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 District
9.6 Entire Agreement. The written provisions and terms of this Agreement
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.
9.7 Compliance with Laws. The parties agree to comply with all federal, state,
and municipal laws, rules, and regulations that are now effective or in the future become
applicable to the operations covered by this Agreement or accruing out of the performance of
those operations
9.8 Severability. If any section of this Agreement is adjudicated to be invalid, ?
such action shall not affect the validity of any section not so adjudicated
9.9 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 upon personal service or 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
IN WITNESS, the parties below execute this Agreement, which shall become `{
effective on the last date entered below.
INTERLOCAL AGREEMENT REGARDING
2010 CITYWIDE LARGE CULVERT PIPE CLEANING-3 of
(btrwn Kent and Diainage Dist No I of King County)
DISTRICT: KENT:
DRAINAGE DISTRICT NO. 1 OF KING CITY OF KENT:
COUNTY
By: By--
(signature)
Print Name Morgan Llewellyn Print Name. Suzette Cooke
Its Chair, Board of Commissioners Its Mayor
(Tale
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
John M. Casey Timothy LaPorte, Director
Curran Law Firm, P.S. City of Kent Public Works Department
555 W Smith St. 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
(253) 852-2345 (telephone)
(253) 852-2030 (facsimile) (253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
John M. Casey, Tom Brubaker, City Attorney
of Curran Law Firm, P.S.
Attorney for Drainage Distnct No. 1
P'Lrvil PII F1V1pn1ilaMll]$IpOVmei1m11PnnFMnkReammm4rc
TNTERLOCAL AGREEMENT REGARDING
2010 CITYWIDE LARGE CULVERT PIPE CLEANING-4 of 4
(btwn Kent and Drainage Dist No I ofKeng County)
Kent City Council Meeting
Date September 7, 2010
Category Consent Calendar - 7I
1. SUBJECT: 2011-2016 CAPITAL IMPROVEMENT PLAN - SET DATE FOR FIRST
PUBLIC HEARING
2. SUMMARY STATEMENT: Set September 21, 2010, for the first public
hearing of the 2011-2016 Capital Improvement Plan at the regular City Council
meeting.
3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
i5. 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
' Kent City Council Meeting
Date September 7, 2010
Category Consent Calendar - 73
1. SUBJECT: 2011 BUDGET - SET DATE FOR FIRST PUBLIC HEARING
2. SUMMARY STATEMENT: Set September 21, 2010, for the first public
hearing of the 2011 Budget at the regular City Council meeting.
I
i
1
i
3. EXHIBITS: None
4. RECOMMENDED BY: Finance 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
Kent City Council Meeting
Date September 7, 2010
Category Bids - 9A
1. SUBJECT: CENTENNIAL CENTER TENANT IMPROVEMENTS
2. SUMMARY STATEMENT: The bid opening was held on July 10, 2010, with
five (5) bids received. The apparent low bid was submitted by T.W. Vance
Company for the amount of $188,536. The Architect's estimate is $246,000.
jStaff requests authorization to enter into an agreement with T.W. Vance
Company for the amount of $188,536 to complete the Centennial Center Third
Floor Tenant Improvements Project.
i
3. EXHIBITS: Bid Tab and Bid Proposal
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to award the contract for the Centennial Center Third Floor Tenant Improvements
project to T.W. Vance Company in the amount of $188,S36 plus sales tax, and
authorize the Mayor to sign all necessary contract documents.
DISCUSSION:
1 ACTION:
i
BID TAB
CENTENNIAL CENTER
3RD FLOOR TENTANT IMPROVEMENTS
August 10, 2010
BID OPENING 2:15 P.M.
Contractor Bid Amount
TW Vance Co $188,536.00
1 Mike Werlech Construction $199,797.00
i
JAM Construction $200f300.00
Swinerton $222,592.00
Mayer Construction $246, 193.00
Elite Commercial Contractors $285,362.00
t
1
t
BID FORM
Project: City of Kent-Centennial Building/Third Floor Tenant Improvement t
Centennial Building
400 West Gowe Street
Kent, Washington
Architect: . Broderick Architects
55 South Atlantic Street, Suite 301
Seattle,Washington 98134
(206)682-7525
Contact: Kevin Broderick
To the City of Kent,
Having carefully examined the Drawings and Project Manual prepared by Broderick Architects,
I dated July 9,2010.
tl I/WE(name) T.W. Vance Company have examined
the site at 400 West Gowe Street,Kent, and correlated the drawings to the site and understand the
present conditions as well as the requirements of the Construction Contract,and propose to furnish
all labor and materials for the complete contract for the Building Renovation and Expansion Project.
In submitting this Bid,I agree:
1.To hold my Bid open until thirty(30)calendar days after the actual bid opening.
2.To enter into and execute a contract, if awarded on the basis of this bid,on City of Kent Public
Works
Agreement, and to furnish proof of insurance as required by the project document.
3.To complete the work in accordance with the Project Documents.
I 4.That the Owner has the right to waive any informalities in the bidding or to reject any or all bids.
iLUMP SUM BASE BID
Basic Bid for the cpmpl to contract as per plans and specifications,the lump sum(exe udin
WSST)of 0AG nyn tta� ei , �t�y-U'3�� tovsan.0 -Gvt-t. dollar-
(Cost
T
(Cost Breakdown by Division Attached)
720 S 333rd Street, Suite #200
Address
- ✓ Federal Way WA 98003
Signature City State Zip
President
(253)874-4500 TWVANC*223QM
�
Title Telephone Washington State Registration No.
Receipt of Addenda numbered 1 through 1 is hereby acknowledged.
I�
� Construction for the project is scheduled to commence September 15,2010 and Substantial
Completion is required to be completed no later than December 31,2010. The Final construction
�i schedule will be negotiated with the selected bidder.
j- - -
1
j Cost By Division
Division I -General Requirements
Division 2-Site Work ( DzAAo L*14 a) ( 0 Lf q ( '
Division 3 -Concrete
! Division 5-Metals 5'e e,
l Division 6-Wood And Plastics Fo 2 .
Division 7-Thermal And Moisture Protection Szc, VI'V i�,\#^ t
Division 8 -Doors And Windows �, tM.
Division 9-Finishes y, 1-1 0.
Division 10- Specialties 3 88'0.
Division 11 -Equipment N/A
Division 15 -Mechanical X.10 07,2 .
Division 16-Electrical '3d o 0 0 ,
I
Overhead/Profit/Fees
r—
f Bid Base Total
ti
i [Cost by Division Tabulation for reference only actual Lump Sum Bid to be included on the
previous Bid Form Sheet]
i
END OF BID FORM
■
l
t
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
1 D. PARKS AND HUMAN SERVICES COMMITTEE
E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
s
1 F. PUBLIC SAFETY COMMITTEE
iG. PUBLIC WORKS COMMITTEE
H. ADMINISTRATION
i
' REPORTS FROM SPECIAL COMMITTEES
r
r
KEN7
WASH IN nTON OPERATIONS COMMITTEE MINUTES
L�
JULY 20, 2010
Committee Members Present: Elizabeth Albertson (for D Raplee), Jamie Perry,
Les Thomas (Chair).
The meeting was called to order by L Thomas at 4:05 p.m. E Albertson was not present.
D Raplee has given her concurrence on action items to L Thomas.
L Thomas noted an additional item was added by John Hodgson.
' 1. APPROVAL OF MINUTES DATED JULY 6, 2010
J Perry moved to approve the minutes of the July 6, 2010 Operations Committee meeting.
L Thomas seconded the motion and with D Raplee's concurrence, was passed 3-0.
2. RECOMMEND COUNCIL APPROVE THE RESOLUTION REPEALING AND
ADOPTING CURRENT CIT COUNCIL RULES AND PROCEDURES.
rOn November 5, 2002, the city council, pursuant to Resolution No. 1633, passed
amendments to the existing rules and procedures. Since passage of Resolution No 1633,
the city has undergone a reorganization combining and renaming various council
committees and amendments are necessary to update current council procedures.
City Attorney, Tom Brubaker, provided highlights to amendments, which were mostly to
clarify language. J Perry and L Thomas had additional suggestions but overall, felt it was
standard procedure.
J Perry moved to recommend council approve the resolution repealing and
adopting current City Council Rules and Procedures. L Thomas seconded the
motion and with concurrence from Raplee, passed 3-0.
r3. RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO SIGN THE SECOND
AMENDMENT TO VALLEY COMMUNICATION CENTER'S INTERLOCAL
AGREEMENT ON BEHALF OF KENT AS A MEMBER CITY '
The City of Kent is seeking to enter into an interlocal agreement with the KFDRA and Valley
Communications Center ("Valley Com") for purposes of providing fire and emergency
medical services dispatch via the City of Kent's membership in Valley Communication
Center. This will allow KFDRA to function as do other member city fire departments for
purposes of rates for dispatch services and representation on the Operating Board. The
proposed interlocal would also allow Valley Corn and the KFDRA to mutually indemnify one
another without passing that indemnification through the city of Kent. The RFA will be
paying for their own calls.
rJ Perrry moved to recommend Council authorize the Mayor to sign the Second
Amendment to Valley Communication Center's Interlocal Agreement on behalf of
Kent as a member city. L Thomas seconded and with concurrence from D Raplee,
passed 3-0.
r E
t
Operations Committee Minutes t
June 6, 2010
Page: 2
4. MOVE TO APPROVE THE HYAS GROUP INVESTMENT CONSULTING SERVICES
CONTRACT FOR REVIEW OF THE CITY'S DEFERRED COMPENSATION
PROGRAM SUBJECT TO APPROVAL OF TERMS BY THE CITY ATTORNEY'S
OFFICE AND THAT THE CONTRACT BE PLACED ON THE CITY COUNCIL
CONSENT CALENDAR FOR THE AUGUST 3, 2010 MEETING.
The city is recommending a three year services contract with the Hyas Group to provide
investment consulting services and oversight of employee-owned deferred compensation
investment accounts. Through this contract, Hyas Group assumes co-fiduciary responsibility
with the City and agrees to monitor and analyze the performance of plan investment
options.
3 Perry moved to approve the Hyas Group Investment Consulting Services Contract
for review of the city's deferred compensation program subject to approval of ,
terms by the City Attorney's Office and that the contract be placed on the City
Council consent calendar for the August 3, 2010 meeting. L Thomas seconded and
with concurrence from D Raplee, passed 3-0.
S. APPROVAL TO USE LODGING TAX FUNDS FOR PRUCHASE OF SHOWARE
MARQUEE UPDATE. (INFORMATIONAL ONLY)
Chief Administrative Officer, John Hodgson, provided an update from the July 6 Operations
Committee meeting The project is a public works project because of cost and it needs to
go to bid Conduit was established during construction and is in place where the marquee is
to be placed for electricity. The main issue is the foundation. Due to soil conditions, it is
important to ensure the proper foundation is in place, primarily for wind shear We may be
ready to go out to bid any day, perhaps prior to the August 3 Lodging Tax committee
meeting. Council authorized J Hodgson to post the bid if it is ready prior to the meeting. If
the engineer bid specs come back too high, the committee will be informed.
J Hodgson confirmed that Community and Economic Manager Kurt Hanson will be keeping t
Councilmember Albertson updated regarding the aesthetics of the sign
The meeting adjourned at 4:28 p.m. by L Thomas.
Pamela Clark
Operations Committee Secretary
PUBLIC WORKS COMMITTEE MINUTES
Monday, August 2, 2010
COMMITTEE MEMBERS PRESENT.
I Committee Chair Debbie Raplee and member Ron Harmon was present. Committee member
Dennis Higgins was absent. The meeting was called to order at 4:03 p.m.
Committee Chair Raplee noted that she had Higgins' concurrence on all action items.
ITEM 1 — Approval of Minutes Dated July 19, 2010:
Committee Member Harmon moved to approve the minutes of July 19, 2010. The h
motion was seconded by Raplee and passed 3-0, with Higgins concurrence.
ITEM 2 — King Conservation District Grant Agreement/EarthCorps Services:
Chad Bieren, City Engineer introduced Parks Director, Jeff Watling who was present at the
meeting because the Parks Committee meeting had been canceled for August and Watling had a
grant agreement that needed to move forward. Watling explained that staff had applied for and
received a $20,670.00 grant from the King Conservation District to partner with EarthCorps,
which has the expertise to manage restoration efforts safely along steep slopes. Crews will work
at Earthworks Park and at Lake Fenwick Park removing the encroaching ivy.
Harmon moved to recommend Council authorize the Mayor to sign the $20,670.00
grant from the King Conservation District and authorize the expenditure of funds in the
Green Kent Budget. The motion was seconded by Raplee and passed 3-0, with Higgins'
concurrence.
Item 3 — Contract Change Order Fehr & Peers:
City Engineer, Chad Bieren explained why staff is back with a change order for Fehr and Peers,
Inc., stating that Council had asked staff to continue to investigate various funding methods for
both future capital projects and for preservation and maintenance of the City's existing
transportation infrastructure, most recently the potential for a transportation benefit district
(TBD). �
PI
Harmon moved to recommend Council authorize the Mayor to sign Amendment No. 1 to
the consultant Services Agreement between the City of Kent and Fehr & Peers, Inc. in
an amount not to exceed $8,000 for analyzing funding options for transportation
infrastructure in the City of Kent, upon concurrence of the language therein by the City
Attorney and the Public Works Director. The motion was seconded by Raplee and
passed 3-0, with Higgins' concurrence.
ITEM 4 — Transportation Impact Fee Ordinance (TIF) Amendment:
City Engineer, Chad Bieren talked about the city's new transportation impact fee ordinance that
was adopted July 6, 2010 and as a result of implementation meetings that the need for minor
amendments has come to light.
Bieren stated that the primary change is the elimination of the provision requiring deposits from
non-residential permit applicants. The other substantive change is to identify the applicable fee
for residential deferral liens and appeals. This is the same fee that is charged by the city for the
deferral of other fees. The remainder of the ordinance amendments are clerical or housekeeping
in nature for purposes of clarity.
Harmon moved to recommend Council adopt amendments to Kent City Code chapter
12.14 regarding transportation impact fees. The motion was seconded by Raplee
and passed 3-0, with Higgins' concurrence. h
Harmon moved to recommend Council adopt the Resolution superseding Resolution No
1828 regarding fees for review and recording of fee deferral liens. The motion was
seconded by Raplee and passed 3-0, with Higgins' concurrence.
PUBLIC WORKS COMMITTEE MINUTES
Monday, August 2, 2010
ITEM 5 — Contract Amendment-Thompson Smitch Consulting Group, Inc/Clark Springs
Habitat Conservation Plan:
Environmental Conservation Supervisor, Kelly Peterson noted that this project has to do with the
Clark Springs Habitat Conservation Plan (HCP) and that the consultant needs to do additional
work to complete the HCP.
Harmon moved to recommend Council authorize the Mayor to sign Amendment No. 4 to
the consultant services agreement between the City of Kent and Thompson Smitch
Consulting Group, in an amount not to exceed $50,000, for professional services for the
development and approval of the Clark Springs Water Supply System Habitat
Conservation Plan, upon concurrence of the language therein by the City Attorney and
the Public Works Director. The motion was seconded by Raplee and passed 3-0, with
Higgins' concurrence.
ITEM 6 — Consultant Services Agreement — GeoEngineers Inc/Hawley Road Levee
Improvements:
Kelly Casteel, Design Engineering Supervisor stated that we are about to break ground on the
Foster Park Levee project. Casteel noted that the next section of levee to be replaced will be the
Hawley Road Levee. Casteel presented an overhead map of the Hawley Road area showing what
the alignment would look like. Chad Bieren, City Engineer noted that only about a half a dozen
firms in the state are able to certify the levees. Harmon asked if the levees will be certified
individually Bieren said they would be. Once a section was certified the information would be
sent to the Federal Emergency Management Agency (FEMA).
Harmon moved to recommend Council authorize the Mayor to sign a Consultant
Services Agreement between the City of Kent and GeoEngineers, Inc., in an amount not
to exceed $55,285.00, for the purpose of conducting subsurface explorations,
laboratory testing and certification report for the Hawley Road Levee Improvements,
upon concurrence of the language therein by the City Attorney and the Public Works
Director. The motion was seconded by Raplee and passed 3-0, with Higgins'
concurrence.
ITEM 7 — Contract Amendment No. 1 — GeoEngineers/Horseshoe Bend Levee
Improvements Proiect:
Mark Madfai, Design Engineering Supervisor stated that the City's Foster Park Levee is located
between State Route 167 and the Union Pacific Railroad. He went on to explain that this project
will reconstruct the levee to certifiable standards and is important for managing the City's flood
protection. Work is expected to start in two weeks. Stormwater drainage utility funds will be
used to pay for this consultant services agreement.
Harmon move to recommend Council authorize the Mayor to sign Amendment No. 1 to
the consultant services agreement between the City of Kent and GeoEngineers, Inc., in
an amount not to exceed $34,500, for the Horseshoe Bend Levee Improvements
Project, upon concurrence of the language therein by the City Attorney and the Public
Works Director. The motion was seconded by Raplee and passed 3-0, with Higgins'
concurrence.
ITEM 8 — Consultant Agreement-Jason Engineering & Consultant Business Inc/640
Zone Reservoir & Blue Boy Reservoir Seismic Retrofit:
City Engineer, Chad Bieren stated that the 640 Zone Reservoir is located in the vicinity of 124th
Ave SE and SE 248th Street He stated that construction of these projects will involve highly
specialized materials, welding and coating inspection in addition to soils and other construction
materials testing that is beyond the expertise of City staff. Harmon asked what the reference to
Blue Boy is. Bieren stated that Blue Boy is the last of the tanks that need to be seismically
retrofitted and that staff chose one contultant with the expertise that is needed. Brad Lake,
1 PUBLIC WORKS COMMITTEE MINUTES
Monday, August 2, 2010
Water Superintendent said that Blue Boy would be down for approximately 45 days and that
■ customers shouldn't notice a difference.
iHarmon moved to recommend Council authorize the Mayor to sign a Consultant
Services Agreement between the City of Kent and Jason Engineering and Consultant
Business Inc., in an amount not to exceed $189,330 to provide material testing and
inspection services related to the 640 Zone Reservoir & Blue Boy Reservoir Seismic
Retrofit Projects, upon concurrence of the language therein by the City Attorney and
the Public Works Director. The motion was seconded by Raplee and passed 3-0, with
Higgins' concurrence.
Item 9 - Consultant Contract Amendment-Gray & Osborne Inc/640 Zone Water
Reservoir Proiect:
City Engineer, Chad Bieren stated that Public Works Engineering contract with Gray & Osborne
Inc for the design of the 640 Zone Water Reservoir which is located at 124th Ave SE and 248th
Street and will provide increased water pressure in the area. Gray & Osborne, Inc. will need to
be involved in support of the construction contract and provide additional engineering services
related to the reservoir Bieren stated that the total 640 Pressure Zone project will cost more
than $20 million. Funds for the project will be spent out of the water funds.
Harmon moved to recommend Council authorize the Mayor to sign Amendment No. i to
the Consultant Services Agreement between the City of Kent and Gray & Osborne, Inc.,
in an amount not to exceed $82,500 for the purpose of providing construction support
and additional design engineering services for the 640 Zone Water Reservoir
Construction Project, upon concurrence of the language therein by the City Attorney
and the Public Works Director. The motion was seconded by Raplee and passed 3-0,
with Higgins' concurrence.
Item 10 - Information Only/Back Bill for Streetlights:
City Engineer, Chad Bieren explained that through an audit of streetlights earlier this year,
INTOLIGHT (Puget Sound Energy's streetlighting subsidiary) discovered a total of 59 City-owned
streetlights that had not been included in the City of Kent inventory. PSE is able to recover up to
' 36 months of lost revenue from the billing error Bieren noted staff is still investigating the new
Panther Lake Annexation area; they have about five different ways lights are paid for.
No Motion Required/Information Only
ITEM 11 - Information Only/Guiberson Reservoir: ;
Brad Lake, Water Superintendent gave an informative PowerPoint presentation explaining the
work that is needed to be done on the Guiberson Reservoir which is located on Kent's Scenic Hill.
No Motion Required/Information Only
tAdiourned:
The meeting was adjourned at 4:59 p.m.
Cheryl Viseth, Public Works Secretary
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' EXECUTIVE SESSION
' ACTION AFTER EXECUTIVE SESSION