HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/05/2011 CITY OF KENT
AgendaCity Council Meeting
April 5, 2011
Mayor Suzette Cooke
Jamie Perry, Council President
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C®uncilrnernbers
Elizabeth Albertson
Ron Harmon
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Dennis Higgins
Deborah Ranniger
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Debbie Raplee
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Les Thomas
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KENT CITY COUNCIL AGENDAS
KENT April 5, 2011
W>_HI. �N Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President
Elizabeth Albertson Ron Harmon Dennis Higgins
Deborah Ranniger Debbie Raplee Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Legislative Update Michelle Witham 10 minutes
2. FEMA/Levees Tim LaPorte 20 minutes
**********************************************************************
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. King County Councilmember Reagan Dunn
D. Public Safety Report
E. Misty Meadows Neighborhood Council Recognition
5. PUBLIC HEARINGS
None
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting and Workshop - Approve
B. Payment of Bills - Approve
C. Excused Absence for Councilmember Higgins - Approve
D. Economic Development Strategic Plan Consultant Agreement -
Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
E. Access Restriction Amendment — 26046 116th Avenue S.E. — Approve
F. Consolidating Budget Adjustment Ordinance — Adopt
G. S. 277th ValleyCom Fiber Optics Interlocal Agreement — Authorize
H. Partners in Preservation Grant Agreement for Earthworks Park — Accept
I. Purchase of Play Equipment for Lake Meridian — Authorize
J. Centennial Center Third Floor Tenant Improvement Project — Accept as
Complete
K. Contract with Kennedy/Jenks Consultants for Guiberson Corrosion
Control Facility — Authorize
L. Contract with Mayes Testing Engineers for Guiberson Corrosion Control
Facility — Authorize
M. Amendment No. 2, Agreement with Gray & Osborne for 640 Zone Water
Reservoir Construction Support Services — Authorize
N. Mill Creek Confluence/Green River Restoration Design Project Grant
Agreement — Authorize
O. Contract with Historical Research Associates for Mill Creek
Confluence/Green River Restoration Design Project — Authorize
P. Amendment No. 1, Historical Research Associates Consultant Services
Agreement for Horseshoe Bend Levee Cultural Resources Study —
Authorize
Q. Smith Avenue & Lincoln Street Sidewalk Improvements — Authorize
R. Arco AM/PM Bill of Sale — Accept
S. Estes Short Plat Bill of Sale — Accept
S. OTHER BUSINESS
None
9. BIDS
A. S. 277th ValleyCom Fiber Optics Interconnect Agreement — Accept
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Regional Library. The Agenda Summary page and
complete packet are on the City of Kent web site at www.choosekent.com
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) Legislative Update
2) FEMA/Levees
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) King County Councilmember Reagan Dunn
D) Public Safety Report
E) Misty Meadows Neighborhood Council Recognition
PUBLIC COMMENT
Agenda Item: Consent 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through S.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of
March 15, 2011.
7B. Approval of Bills.
Approval of payment of the bills received through February 28 and paid on
February 28 after auditing by the Operations Committee on March 15, 2011.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/28/11 Wire Transfers 4509-4524 $1,276,448.48
2/28/11 Regular Checks 651076-651428 2,655,354.03
Void Checks 651263/651143 (677.12)
Use Tax Payable 1,712.46
$3,932,837.85
Approval of checks issued for payroll for February 16 through February 28 and
paid on March 4, 2011:
Date Check Numbers Amount
3/4/11 Checks 321912-322107 $ 145,562.01
3/1/11 Voids & Reissues 321910,321911
3/8/11 Voids & Reissues 322108
3/4/11 Advices 279284-279914 1,196,857.84
$1,342,419.85
Z KENT
Kent City Council
Workshop
March 15, 2011
i
Councilmembers Present: Albertson, Higgins, Perry, Ranniger, Raplee and
Thomas
The meeting was called to order at 5:35 p.m. by Council President Perry.
Intergovernmental Issues. Witham reported on the status of the top priority
issues in the legislature. Higgins reported on a meeting of the Suburban Cities
Association Public Issues Committee, and Thomas reported on meetings of the
South King County Area Transportation Board and the Regional Fire Authority.
King County Metro Strategic Plan. David Hull of the King County Department
of Transportation gave a presentation on their Strategic Plan for Public
Transportation 2011-2021, and answered questions from Councilmembers.
I
I
The meeting adjourned at 6:35 p.m.
Brenda Jacober, CMC
City Clerk
y RCN i Kent City Council Meeting
March 15, 2011
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger,
Raplee, and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) The S. 277th ValleyCom Fiber
Optics Interconnect bid was removed from the agenda.
B. From the Public. (CFN-198) No changes were made by the public.
PUBLIC COMMUNICATIONS
A. Public Recoanition. (CFN-198) There were no items for public recognition.
B. Community Events. (CFN-198) Ranniger and Raplee announced upcoming
events in the City.
C. Mayor's State of the City Address. (CFN-198) Mayor Cooke gave her annual
State of the City Address, in which she noted that the increase in population provides
Kent with a greater influence in regional policies and funding. She outlined various
accomplishments of the city, human services provided by the city and volunteers,
storm drainage and flooding issues, transportation, and animal control services. She
spoke about the 2010-2011 budget, economic development, and the vision statement
recently developed by the City Council, among other things. She concluded by saying
that by working together, Kent will be a "safe, connected and beautiful city, culturally
vibrant with rich diverse urban centers".
CONSENT CALENDAR
Perry moved to approve Consent Calendar Items A through L. Thomas seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
March 1, 2011, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through February 15
and paid on February 15 after auditing by the Operations Committee on March 1,
2011, were approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
2/15/11 Wire Transfers 4487-4508 $1,938,035.59
2/15/11 Regular Checks 650684-650866 2,493,673.80
Use Tax Payable 1,660.58
$4,433,369.97
1
Kent City Council Minutes March 15, 2011
Checks issued for payroll for February 1 through February 15 and paid on February 18,
2011, were approved:
Date Check Numbers Amount
2/18/11 Checks 321717-321909 $ 146,119.59
2/18/11 Advices 279284-279914 1,186,625.63
$1,332,745.22
C. Astral Communication Mobile Routers. (CFN-1172) The Mayor was authorized
to approve a purchase order with Astral Communications Company in an amount not
to exceed $110,858.88, inclusive of applicable state taxes. Funding for this project
was budgeted in the Information Technology Plan as adopted by City Council and will
not impact the general fund.
D. Valley Communications and Kent Fire Department Regional Fire Authority
Agreement. (CFN-122) The Mayor was authorized to sign the agreement among
Valley Communications Center and Kent Fire Department Regional Fire Authority and
the City of Kent for fire and emergency medical dispatch services, subject to approval
of final terms and conditions by the City Attorney.
E. First Amended Interlocal Agreement for the Division of Services Resulting
from the Formation of the Kent Fire Department Regional Fire Authority.
(CFN-122) The Mayor was authorized to sign the First Amended Interlocal Agreement
for the Division of Services Resulting from the Formation of the Kent Fire Department
Regional Fire Authority.
F. Guiberson Corrosion Control Facility Right of Way Dedication. (CFN-1111)
The Mayor was authorized to sign the necessary documents to dedicate a portion of
City-owned property in connection with the Guiberson Corrosion Control Facility as
Right-of-Way, subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
G. Guiberson Corrosion Control Facility Puget Sound Energy Easement.
(CFN-1111) The Mayor was authorized to sign all necessary documents to grant Puget
Sound Energy an easement across a portion of City-owned property in connection with
the Guiberson Corrosion Control Facility, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
H. Green River Flood Protection Engineering Services Contract. (CFN-1318)
The Mayor was authorized to sign a Consultant Services Agreement with Noel, Inc. for
Engineering Services related to Green River Levee Certification and related work in an
amount not to exceed $22,100, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
I. Panther Lake Elementary School Sewer Latecomers Agreement. (CFN-485)
The Mayor was authorized to sign the Sewer Latecomers Agreement with the Kent
School District for the Panther Lake Elementary School sewer extension, subject to
final terms and conditions acceptable to the City Attorney and Public Works Director.
2
Kent City Council Minutes March 15, 2011
J. Safe Routes to School. No Parkina Zones on 248th, Amendina Ordinance.
(CFN-171) Ordinance No. 3993 amending section 9.38.020 of the Kent City Code,
entitled "No Parking Zones," to add No Parking zones along Southeast 248th Street and
116th Avenue South was adopted.
K. 2010 Consolidated Annual Performance Evaluation Report. (CFN-118) The
2010 Consolidated Annual Performance and Evaluation Report was approved and the
Mayor was authorized to submit the report to the Department of Housing and Urban
Development.
L. Misty Meadows Neiahborhood Council Resolution. (CFN-1304) Resolution
No. 1841 adopting the Misty Meadows Neighborhood Council, supporting its
community building efforts, and conferring on it all opportunities offered by the City's
Neighborhood Program was adopted.
OTHER BUSINESS
A. Smith & Lincoln Sidewalk Improvements Grant. (CFN-1038) Design
Engineering Manager Mark Howlett and City Engineer Chad Bieren explained the scope
of the project and how removing a traffic signal lowered the cost from $1.1 million to
$700,000, with the City's portion being $170,000. A discussion about the volume of
use of those sidewalks and the cost of repairs was held. Higgins said he feels more
diligence should be done and moved to send the issue back to the Public Works
Committee. Ranniger seconded.
Bieren and Howlett explained the consequences of delaying action on the grant until
after the March 31 deadline, and LaPorte addressed the need for asphalt overlays.
After Harmon called for the questions and withdrew it, Raplee spoke in favor of moving
forward with the project, and Higgins reiterated his desire to send it back to
committee.
Discussion of potential courses of action was then held. After clarification of the
consequences of the motion and why it cannot be withdrawn at this point, the motion
to refer the project back to the committee failed with Albertson, Perry, Raplee and
Thomas opposed, and Harmon, Higgins and Ranniger in favor.
Raplee moved to authorize the Mayor to accept the Smith & Lincoln Sidewalk
Improvements grant of federal funds up to $659,841, establish a budget for the funds,
and approve expenditure of the funds in accordance with the grant terms, subject to
final terms and conditions acceptable to the City Attorney and Public Works Director.
Perry seconded and upon a roll call vote, the motion carried 4-3 with Albertson, Perry,
Raplee and Thomas in favor and Harmon, Higgins and Ranniger opposed.
Perry then moved to send this item back to the Public Works Committee for further
consideration. Harmon seconded. Upon a roll call vote, the motion carried
unanimously.
REPORTS
A. Council President. (CFN-198) No report was given.
3
Kent City Council Minutes March 15, 2011
B. Mayor. (CFN-198) No report was given.
C. Administration. (CFN-198) No report was given.
D. Economic & Community Development Committee. (CFN-198) No report was
given.
E. Operations Committee. (CFN-198) No report was given.
F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the
next meeting will be held at 5:00 p.m. on March 17.
G. Public Safety Committee. (CFN-198) No report was given.
H. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be
held on March 21.
I. Regional Fire Authority. (CFN-198) Raplee noted that there will be a meeting
with those that filed protests on their assessments on March 16.
ADJOURNMENT
The meeting adjourned at 8:55 p.m. (CFN-198)
Brenda Jacober, CIVIC
City Clerk
4
w," Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: April 5, 2011
SUBJECT: Excused Absence for Councilmember Higgins - Approval
MOTION: Approve an excused absence from the April 5, 2011, meeting
for Councilmember Higgins.
SUMMARY:
EXHIBITS: Memorandum from Mayor Cooke
RECOMMENDED BY:
BUDGET IMPACTS: None
City Council
40 Jamie Perry, Council President
Phone: 253-856-5712
' K E N T Fax 253-856-6712
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
MEMORANDUM
TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Dennis Higgins, Councilmember
DATE: April 5, 2011
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the April 5, 2011 City
Council meeting. I will be unable to attend.
Thank you for your consideration.
Dennis Higgins
Councilmember
nc
KENT Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: April 5, 2011
SUBJECT: Economic Development Strategic Plan Consultant
Agreement - Authorize
MOTION: Authorize the Mayor to sign the 2011 Consultant Services
Agreement with Community Attributes International in the amount of $43,500, to
provide consultant services for the Economic Development Strategic Plan for the
City of Kent, subject to approval of final terms and conditions by the City
Attorney.
SUMMARY: Community Attributes has presented a scope of services designed to
address the project understanding and objectives, resulting in an economic develop-
ment plan with an action agenda that addresses the neighborhood commercial nodes,
Downtown and MIC areas. The scope requires approximately four to six months to
deliver, with a budget of $43,500.
EXHIBITS: Agreement
RECOMMENDED BY: Economic & Community Development Committee
BUDGET IMPACTS: Yes
KENT
w« Iron
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Community Attributes International
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Community Attributes International organized under the laws of the
State of Washington, located and doing business at 1402 Third Ave, Suite 930, Seattle, WA
98101; 206-523-6683 (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:
See attachment A
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2011.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $43,500 to complete each task 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.
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
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
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
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 this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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
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
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
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 Mefford Kurt Hanson, Economic Development Manager
Community Attributes International City of Kent
1402 Third Ave, Suite 930 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
206-523-6683 (telephone) (253) 856-5706 (telephone)
866-726-5717 (facsimile) (253) 856-6454 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
ExhibitA Iuuaub°u �pr7io
�4 ,c(.
City of Kent
Economic Development Plan
Scope of Work
March 2, 2011
PROJECT UNDERSTANDING
Background
At the outset of 2011, the City of Kent is the sixth largest City in Washington
State, with roughly 118,000 people and more than 60,000 jobs located in Kent.'
Kent is an established employment center, importing labor from around the
region, as it will continue to do for years to come. As the City continues to grow
in population, Kent residents need an economic development plan that reflects
citywide priorities. The plan should align citywide goals in job creation and
commercial services, and leverage local assets and activity centers for economic
vitality.
A 2011 City of Kent Economic Development Plan would reflect its position as a
regional industrial center and also advance visions for Downtown, strong
neighborhoods and quality of life of Kent residents. The Plan should include
strategies that align residents' needs with the City's goals for economic
development.
Strategies focused on the City's major employment centers in Downtown Kent
and the City's Manufacturing/Industrial Center (MIC) are likely to best serve City
goals for fiscal sustainability and a vibrant hub of the regional economy. The
City's Downtown and MIC together represent the majority of the City's
employment base. Neighborhood Commercial Centers should complement
Downtown to round out a high quality of life for Kent residents.
To these ends, the City of Kent desires consultant assistance to develop an
integrated economic development strategy for Kent, to position it for success and
a sustainable local economy in the coming years.
1 U.S. Census data, state annexation records and state employment data, referring to covered
employment only;many more people work in Kent not covered by unemployment insurance.
Economic Development Plan Marcb 2, 2011 Page 9
Scope of IVork
Exhibit A
Objectives
The planning process and supporting research will answer the following
questions:
Citywide • What do current trends and regional forecasts mean to
Kent's role in the regional economy?
• How much retail and commercial development does it make
sense to plan for, citywide?
Neighborhood • How do the City's neighborhood commercial nodes
commercial nodes throughout East Hill and West Hill work within citywide
scenarios for commercial development?
• What are the key quality of life needs for local residents?
How can neighborhood commercial nodes service those
needs?
• How does neighborhood commercial integrate with and
complement Downtown?
Downtown • What can Downtown Kent be and to whom?
• From how far away should Downtown Kent retailers target
customers to draw?
• How does Kent participate in regional tourism? What kind
of destination retail experience comes with that vision?
• What amount and what kind of office space makes sense for
Downtown?
• What about the Downtown deserves further attention for
planning(physical layout, organizational capacity, other
considerations(?
Manufacturing/I • What are the types of users that make sense for Kent?
ndustrial Center • What change should the City consider to retain marquee
businesses, accommodate their growth and attract more
marquee businesses?
• What are the land area and building needs for Kent
businesses?
• What are the Kent industrial areas comparative advantages?
• With whom does Kent compete for businesses? Internal to
the region/Washington State and external to Washington
State?
Economic Development Plan Marcb 2, 2011 Page 2
Scope of IVork
Exhibit A
SCOPE OF SERVICES
This section presents a scope of services designed to address the project
understanding and objectives summarized in the preceding section, resulting in
an economic development plan with an action agenda that addresses the
neighborhood commercial nodes, Downtown and MIC areas. This scope requires
approximately four to six months to deliver, with a budget of$43,500. A break
out of schedule and budget requirements is provided for each of the four tasks
described in detail.
Plan development and agreement will require a common understanding of the
economic context in which decisions are made. Tasks 1 and 2 will combine to
form an Economic and Market Profile that will provide current data and forecast
scenarios for stakeholders to inform their decisions. Task 3 will engage local
stakeholders to review and inform interim findings to custom fit for local plans
and action strategies. Task 4 will bring all of the work together into reports and
presentations for plan development and actions.
Task 1 . Citywide Commercial Development Profile
Community Attributes excels at producing economic and market profiles for
cities and economic development planning. The profile will include data tables
and charts, maps, pictures, and a story that leads to a course of action. The report
will be suitable for broad dissemination and reference throughout plan
development. The commercial development profile will focus on retail and
services economic activity, and retail and office development trends. Specific
analytic tasks will include the following:
• Estimate trade areas, trade capture, consumer buying power (and leakage)
for the City (citywide)
• Produce a demographic and economic profile of the City, neighborhoods
and trade area
o Assess ethnic and cultural concentrations within neighborhoods
• Identify regional draw assets and assess their significance to commercial
development (Showare center, Kent Station, Green River CC, others)
• Assess capacity and redevelopable potential of land in Downtown and
Neighborhood Commercial Centers
• Assess market data and near-term outlook for all real estate types
allowable in Downtown and the Neighborhood Commercial Centers,
including an assessment of mixed-use suitability and economic vitality
considerations.
Economic Development Plan Marcb 2, 2019 Page 3
Scope of IVork
Exhibit A
• Analyze growth forecasts of trade area to assess Kents commercial land
capacity and local commercial activity (retail sales, office absorption and
more) relative to commercial land capacity and trade capture outlook.
• Assess challenges and opportunities for commercial businesses in
Downtown and Neighborhood Commercial Centers.
Deliverables: Draft and Final Economic and Market Profile
Meetings: One formal meeting (for Tasks 1 and 2 combined), to review draft
findings; multiple phone calls and interim check-in meetings are
welcome
Budget: $11,400 (Roughly 100 hours)
Schedule: Weeks 1 through 12
Task 2. Industrial Center Assessment
The Industrial Center Assessment will provide a strategic assessment of this area
that is so important to Kent and the regional economy. CAI brings a depth of
experience with industrial land analysis in the Puget Sound region, as well as
mixed-use commercial and industrial feasibility studies. Specific tasks will include:
• Develop an industry profile of existing, new and growing businesses in
Kent's Industrial areas
• Identify key industrial assets, including marquee businesses, existing and
emerging industry clusters and key infrastructure and land assets
• Produce an occupation profile and wage trends in the MIC and in related
industries
• Assess national, regional and local growth prospects related to industrial
assets and key industry clusters
o Include assessment of all relevant clusters of the Prosperity
Partnership (C1eanTech, for example, others)
• Identify competitive areas within the region and outside of the region to
compare strengths and opportunities related to industry outlook
• Identify office and other land uses compatible with the industrial outlook
• Identify amenities to consider to improve industrial center desirability and
marketability
• Assess capacity and redevelopable potential of land in the industrial areas
• Assess market data and near-term outlook for all real estate types
allowable in Downtown and the industrial area
Economic Development Plan Marcb 2, 2019 Page 4
Scope of IVork
Exhibit A
Task 2. Industrial Center Assessment (cont.)
Deliverables: Draft and Final Economic and Market Profile
Meetings: One formal meeting (for Tasks 1 and 2 combined), to review draft
findings; multiple phone calls and interim check-in meetings are
welcome
Budget: $11,400 (Roughly 100 hours)
Schedule: Weeks 1 through 12
Task 3. Stakeholder Engagement
The plan and staff will be best served with a combination of one-on-one
discussions to surface critical issues from business leaders' perspectives, and
group forums where leaders can collaborate on issue clarification and problem
solving. This stakeholder engagement will create buy-in and produce a
compendium for strategic themes, which CAI and City staff can then leverage to
produce draft actions. The stakeholders may then reconvene to review and
augment draft strategies.
For Task 3, CAI will do the following:
• Work with City staff to identify neighborhood center stakeholders and
their needs
• Interview 10 to 15 MIC business leaders and 5 Downtown business
leaders or real estate professionals
• Interview 2 to 5 real estate professionals representing neighborhood
commercial centers.
• Produce two business leader forums
o One MIC business leader workshop to solicit input on needs and
opportunities
o One MIC forum to review and discuss draft strategies
Deliverables: Synthesized interview findings, forum materials, strategic themes
and opportunities from interviews and forums.
Meetings: Two formal meetings, to review findings from first two forums
and stakeholder input
Budget: $7,400 (60 hours)
Schedule: Weeks 6 through 16
Economic Development Plan Marcb 2, 2019 Page 5
Scope of 6Vork
Exhibit A
Task 4. Produce and Present Report
The final report will include an overview of the process and the economic
conditions and objectives that lead to the strategies and actions. The report will
be well laid out for broad dissemination and continual reference.
• Work with City staff to turn analysis and stakeholder input into draft
strategies and actions, suitable for review
• Engage key stakeholders for commitment to action items
• Produce economic development planning report suitable for broad
dissemination
• Include action agenda with timing, resources and leadership required
• Present findings to stakeholders and City Council
Deliverables: Draft and Final Economic Development Planning Report with
Strategic Themes and Potential Action Items Identified;
presentation materials for Council and stakeholder presentations.
Meetings: Two meetings, to review draft reports
Budget: $12,400 (100+ hours)
Schedule: Weeks 8 through 26
Economic Development Plan Marcb 2, 2019 Page 6
Scope of 6Vork
Exhibit A
COMMUNITY ATTRIBUTES INTERNATIONAL
Community Attributes is a Seattle-based consultancy with practice areas in
regional economics, urban land, philanthropic services and strategic planning.
The firm was founded in 2005 by Chris Mefford. Mr. Mefford leads the firm's
regional economics and urban land practice areas, and will lead the Economic
Development Plan for the City of Kent. Mr. Mefford founded the firm to
support decision-making by linking community development objectives with
economic opportunities in the context of regional economic trends.
CAI is well poised to efficiently deliver a quality analysis drawing on our
experience in private and public-sector feasibility analysis, economic development
planning and fiscal analyses for municipalities.
i;;;;;,,;;,;; Economic Analysis and Profiles. CAI is
°Q° » ` known regionally as a leader in developing
• Economic Forecast Analysis economic profiles that facilitate data-driven
• Regional and Local
Economic Indicators economic development planning. We will
• Regional Planning Analysis
• Economic clusters leverage CIS extensively in using data tables,
• Demographic Trends charts, pictures and maps to illustrate and tell
• Development Trends
• Consumer Profiles the story of Kent s place in the regional and
AOOOO global economy.
Economic Development Planning. CAI's
� ;
• Market Research • Economic Development economic development practice integrates
• Feasibility Analysis • Strategic Planning community visions, market opportunities and
• Land Use Planning • Market Research
• Corn prehensive Plans • Industry Targets fiscal sustainability. The firm's market-based
• Master Plans • Investment Analysis pragmatism aligns developers' perspectives
• Development Agreements • Financial Analysis
• Business Planning with visions and plans for local development
and job-creation strategies.
Urban Industrial Land. Mr. Mefford and CAI have been key leaders of the on-
going dialogue regarding urban industrial land use planning, environmental
constraints and development trends. CAI's objective and thoughtful analysis have
garnered respect from all stakeholders in industrial land dialogues. We help
communities and leaders understand trade-offs in industrial land policy options
with a regional development pattern perspective.
Town Center and Neighborhood Commercial Center Planning. Much of
CAI's work includes mixed-use and commercial development analysis for town
centers and neighborhood commercial plans. CAI knows the many demographics
of Kent s resident base, the Kent trade area and regional trends that will provide
opportunity for Kent businesses and residents.
Economic Development Plan Marcb 2, 2011 Page 7
Scope of IVork
Exhibit A
KEY TEAM MEMBERS
Chris Mefford, President
Chris Mefford, AICP, will manage the project and support analysis for the City.
Mr. Mefford will participate in project team calls and meetings and his
participation as project manager ensures principal level commitment in leading
the analysis. The foundation of Mr. Mefford's experience lies in working with
jurisdictions on economic development and planning projects, providing market
and feasibility analyses; economic and financial analysis; and land use and
transportation policy analysis. He brings has nearly two decades of consulting and
analysis experience with regional economies, land use and transportation patterns.
Mr. Mefford serves clients in private development, helping the private sector play
their role in implementing community visions and presenting high-quality
development plans. His breadth of planning experience combined with
development analysis expertise adds value to development teams seeking
opportunities for community-oriented development.
In addition, Mr. Mefford has leveraged his work in urban planning in serving the
Bill & Melinda Gates Foundation's U.S. Libraries initiative since 2006 in guiding
their grants to public libraries to ensure optimal economic and community impact
of their grant-making.
Prior to founding Community Attributes, Mr. Mefford led market analyses and
was a project manager with local and national consulting firms. He served as a
regional economist and senior planner for the Puget Sound Regional Council,
where he managed all of the Seattle MPO's demographic and economic data
systems.
Mr. Mefford has led or supported citywide economic development plans in the
Puget Sound region for Duvall, Issaquah, Maple Valley, Kent, Sammamish,
SeaTac, Tacoma, Woodinville as well as regional strategies for Pierce County and
Snohomish County.
Mr. Mefford holds an MBA from the University of Washington; an MS in Urban
and Regional Planning (Economic Development and Transportation
concentrations) from the University of Iowa, BA in Mathematics (with an
Economics minor) from the University of Northern Iowa. He is an alumnus and
an active member of Leadership Tomorrow Seattle, serving on the LT
Curriculum Committee, a member of the Urban Land Institute, a certified
member of the American Institute of Certified Planners (AICP) and a member of
the American Planning Association.
Economic Development Plan Marcb 2, 2019 Page 8
Scope of Work
Exhibit A
Lisa Corrado, Project Manager LEED ND
Ms. Corrado's will serve as deputy project manager for the Kent Economic
Development Plan. Lisa's professional experience is characterized by a
commitment to vibrant communities,value for stakeholder input and high
personal standards to act in the community's best interest. Her skills and
experience include data acquisition and analysis, long range planning,
redevelopment and economic development, and social participation.
Ms. Corrado joined CAI in 2011, having served as a Project Manager for the
Redevelopment Agency at the City of Henderson in Southern Nevada. Recent
projects managed include the following:
• City's Real Estate Management Strategy, an asset management plan
designed to leverage real estate to achieve economic development goals;
• A two-year visioning and master planning process which resulted in the
development of a visioning book, land use update, and marketing
collateral for the city's most valuable real estate parcel representing the
first time the City took a proactive approach to real estate management;
• The Redevelopment Agency's public relations, marketing and outreach
contract, which includes a series of activities, events and outreach with
diverse audiences to increase awareness of and participation in
redevelopment areas and incentives;
• Business and consumer branding of the Water Street District,
Henderson's historic downtown, as a business recruitment effort to gain a
competitive edge and;
• The Downtown Investment Strategy, a subarea plan that addresses retail,
commercial, public and residential uses and projects aimed to increase
community pride and revitalize the area.
Ms. Corrado holds a Master of Public Administration with a major in Urban and
Regional Affairs and a minor in International Development Planning and
Environmental Sustainability from the University of Pittsburgh.
Economic Development Plan Marcb 2, 2019 Page 9
Scope of IVork
Exhibit A
Michael Forsyth, Planning Analyst, AICP
Michael Forsyth, AICP, will serve as the lead technical analyst on the Economic
Opportunities Analysis Update. In this capacity, Mr. Forsyth will lead data
collection and coordination efforts with the City.
Mr. Forsyth brings multi-disciplinary research expertise to CAI, combining land
use and economics practices. Mr. Forsyth's recent work at CAI includes land
capacity analysis for the City of Minneapolis, analysis of the industrial economy
in Seattle, population and employment forecasts to support statewide
transportation planning, and development of a market-based methodology for
identifying redevelopable lands in urban centers to satisfying GMA requirements
in Washington State. Mr. Forsyth's technical experience in complex spreadsheet
modeling and working with various types land use data is well-suited for this
project.
Mr. Forsyth is a certificate holder in the University of Washington's Commercial
Real Estate Certificate Program and is a certified member of the American
Institute of Certified Planners (AICP). Mr. Forsyth holds an MS in Urban and
Regional Planning and a BS in Environmental Studies and Applications with a
specialization in Environmental Economics and Policy from Michigan State
University.
Tyler Schrag, Geographic Information Systems
Tyler Schrag will lead geo-systems management and cartography for the
Economic Opportunities Analysis Update. Tyler Schrag leads CAI's geographic
information systems and application to all of CAI's practice areas. Mr. Schrag
brings advanced capabilities in spatial analysis and cartography using CIS for land
use, demographics, policy analyses, as well as epidemic modeling, air photo
interpretation and web-based applications of GIS.
Mr. Schrag has supported CAI's land use capacity projects with sophisticated data
mining and data management support, along with spatial analysis of demographic
data for land use planning. Mr. Schrag currently leads integration of CIS
technologies with web-based applications to support the Bill & Melinda Gates
foundation's management of agriculture development grants throughout Africa.
He has also managed CAI's spatial analysis and cartography for strategy decision-
making with the Gates Foundation's US Programs and US Libraries initiative.
Mr. Schrag has a BA in Geography from Western Washington University with an
emphasis in environmental and resource management as well as a minor in GIS.
Economic Development Plan Marcb 2, 2011 Page 90
Scope of 6Vork
Exhibit A
CLIENT LIST
Community Attributes's experience includes the following project types and clients:
Market and Development Feasibility Analyses Economic Analyses
for Urban Centers
• Cascade Land Conservancy
• City of Bainbridge Island City of Bainbridge Island,WA
• City of Bellevue City of Minneapolis,MN
• City of Bremerton City of Seattle, Office of Economic
• City of Everett Development
• City of Lake Stevens enterpriseSeattle
• City of Lynnwood Fairwood,Washington (King County)
• City of Maple Valley King County
• City of Mountlake Terrace Kitsap County
• City of Puyallup Pierce County
• City of Redmond Seattle Public Schools
• City of Samnaamish Snohomish County Council
• City of SeaTac Washington State Department of Revenue
• City of Shoreline Washington State Department of
• City of Sumner Transportation
• City of Tacoma
• Snohomish County Council Organizational Strategy and Support
• Snohomish County Office of Economic
Development Bill&Melinda Gates Foundation
• City of Vancouver,WA Agricultural Initiative
• Washington State Department of Social Bill&Melinda Gates Foundation US
and Health Services Libraries Initiative
• Bill&Melinda Gates Foundation Early
Industrial Lands Analyses Education Initiative
• Bill&Melinda Gates Foundation
• Clark County,WA Financial Planning&Analysis Department
• City of Bellevue, WA Bill&Melinda Gates Foundation US
• City of Seattle, Office of Economic Programs
Development Big Fish Games
• City of Seattle,Department of Planning Charities Research Council
and Development College Success Foundation
• City of Sumner, WA Hawaii Communities Foundation
• City of Pacific, WA Marnell-Corrao
• City of Tacoma,WA Service Employees International Union
NW Healthcare
Economic Development Planning Thrive By Five
• Washington Filmworks
• Fukuoka City,Japan
• City of Issaquah Market Research and Development Feasibility
• City of Lynnwood Analyses
• City of Maple Valley
• City of Puyallup AgriVentures,LLC
• City of Seattle Cherokee Investment Partners
• City of Tacoma C1earPath RE
• Snohomish County Office of Economic Coyote Investments,LLC
Development La Plaza,LLC
• Presbyterian Retirement Communities
Northwest(PRCN)
Economic Development Plan Marcb 2, 2011 Page 11
Scope of 6Vork
Exhibit A
�I attrub t e s
Community Attributes tells data-rich stories about communities
that are important to decision-makers.
Community Attributes
1402 Third Ave Suite 930
Seattle, WA 98101
206.523.6683
Fx: 866.726.5717
Est. 2005
Chris Mefford, President & CEO
Economic Development Plan March 2, 2011 Page 92
Scope of 6Vork
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
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.
CERTIFICATE OF INSURANCE
This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington. Illinois
STATE FARM GENERAL INSURANCE COMPANY,Bloomington,Illinois
y ❑ STATE FARM FIRE AND CASUALTY COMPANY,Aurora, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida
❑ STATE FARM LLOYDS, Dallas,Texas
insures the following policyholder for the coverages indicated below.
Policyholder Community Attributes
Address of policyholder 1402 3" Ave Suite 930 Seattle, WA 913101
Location of operations
Description of operations rnntmunity Planner
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject
to all the terns, exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims.
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period)
Comprehensive BODILY INJURY AND
98-BF-A847 Business Liability 06/29/10 06/23l11 PROPERTY DAMAGE
This insurance includes: ❑ Products-Completed Operations
❑Contractual Liability Each Occurrence $ L,000,Duu
❑Personal Injury
❑Advertising Injury General Aggregate S ,00o,non
El
❑ Products-Completed $ j
❑ Operations Aggregate
POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit)
❑ Umbrella Each Occurrence S
❑ Other Aggregate $
j POLICY PERIOD Part I-Workers Compensation - Statutory
Effective Date Expiration Date
Workers'Compensation Part II-Employers Liability
and Employers Liability Each Accident $
Disease- Each Employee $
Disease- Policy Limit $
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date j Expiration Date (at beginning of policy period)
04e240� Auto 02/18/2011 08;1H/2C11 ..iab.i.lr y ^angle Limit ;; million
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder If any of the described policies are canceled before
7rimary Additional insured: their expiration date,State Farm will try to mail a
i:y o e Kent written notice to the certificate holder 30 days before
Pv cancellation.If however,we fail to mail such notice.
Kent, WA ''r3-1 no obligation or f t ity willbO- Wposed on. . a Farm
or its agents, ,r9wesen ves.
Signature of Authorized Representative
Multio;e Line Rep
Title use
Mary Delancy
Agent Name
Telephone Number 206-362-2660
Agent's Code Stamp
Agent Code 2620
AFO Code 497
550.994 a6 Printed in U.5 A Rev 05-09-2006
KENT Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: April 5, 2011
SUBJECT: Access Restriction Amendment - 26046 116th Avenue S.E. -
Approve
MOTION: Authorize staff to eliminate the right-in/right-out access
restriction imposed on the property located at 26046 116th Avenue SE in favor of a
site-specific safety analysis acceptable to the City Engineer.
SUMMARY: After first holding a public hearing on March 14, 2011, the Economic
& Community Development Committee recommends approval of a request to remove
the access restriction on the property located at 26046 116th Avenue SE. The
restriction was a condition of a previous rezone and comprehensive plan land use
amendment. Approval of the request would not change the established zoning or
Comprehensive Plan land use designations.
EXHIBITS: Minutes of 3/14/11 ECD Committee, and 3/8/11 Memo to ECD
Committee w/attachments A-E
RECOMMENDED BY: Economic & Community Development Committee 3/14/11
BUDGET IMPACTS: None
KENT
N/ASHINOTO
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
MARCH 14, 2011
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah
Ranniger. Councilmember Higgins stood in for Ranniger in her absence. Chair Perry
called the meeting to order at 5:30 p.m.
1. Aonroval of Minutes
Councilmember Albertson Moved and Councilmember Higgins Seconded a
Motion to approve the January 24, 2011 Minutes as amended, deleting the
sentence "Councilmember
Motion
PASSED 3-0.
2. PUBLIC HEARING Hebert Property 26046-116th Avenue SE
Senior Planner Erin George stated that this issue regards an access restriction placed
on the property via a 2006 comprehensive plan amendment and rezone. The
property owner indicated that marketing the property has been problematic with the
access restriction in place and has approached staff about other access options.
George stated that 116th Avenue SE has been widened to 5 lanes and a 2007 lot line
adjustment moved the northern lot line 100 feet to thenorth. George stated that
Development Engineering staff believe that safe access onto 116th is possible with a
site specific safety analysis and application of the City's Construction Standards. Staff
requests authorization to not apply the access restriction to the property.
Councilmember Perry opened the Public Hearing.
Daniel Balmelli, Barghausen Engineers, 18215 72nd Ave S, Kent, WA spoke about the
initial restrictions, placed on the subject property. He stated that the completion of
the 116th Street improvements will allow safe 'left turn movements to and from the
site. Balmelli stated that Roger,, Hebert took some photos that showed only 3 cars
stacked up during peak hour traffic. He appealed to the Committee for their support.
Roger Hebert,>2020 A St. SE, Auburn, WA property developer submitted 17 photos of
the subject site and the 116th Avenue SE intersection that showed traffic movement
during the peak hour of 4:45p.m. on Thursday, March 10.
Councilmember Higgins Moved and Councilmember Albertson Seconded a
Motion to accept the photos for the record. Motion PASSED 3-0.
George Basmajian, 3703 215t St SE, Puyallup, WA stated that he is an owner of a real
estate company that markets the subject property. He stated that inhibited access
has discouraged development.
Seeing no further speakers, Councilmember Albertson Moved and
Councilmember Higgins Seconded a Motion to close the Public Hearing.
Motion PASSED 3-0.
Councilmember Albertson Moved to authorize staff not to apply the right-
in/right-out access restriction imposed on the property located at 26046
116th Avenue Southeast in favor of a site-specific safety analysis acceptable
to the City Engineer. Councilmember Higgins Seconded the Motion. Motion
PASSED 3-0.
3. Misty Meadows Neighborhood Council Recognition and Resolution
Neighborhood Program Coordinator Toni Azzola introduced Misty Meadows
Community members Teresa Gregory and Lynette Hansen. She stated that Misty
Meadows consists of 162 households. The neighborhood is located to the west of
132nd Avenue SE, to the north of SE 232Dd Place, along the east and west of 128th
Place SE, and to the north and south of SE 228th Place. Misty Meadows came into the
City as part of the Panther Lake annexation area. Azzola stated that 52 people
attended the first neighborhood meeting.
Councilmember Higgins moved to recommend Council adopt the proposed
resolution which recognizes the Misty Meadows Neighborhood Council,
supports its community building efforts, and confers all opportunities
offered by the City's Neighborhood Program. Councilmember Albertson
seconded the Motion. Motion PASSED 3-0.
4. Contract for Consulting Services: Economic Development Strategic Plan
Economic Development Manager Kurt Hanson introduced the consultants with
Community Attributes International; the President and Project Manager Chris
Mefford, and the Deputy Project Manager Lisa Corrado, both of whom will provide
their services in the development of the Economic Development Strategic Plan for the
City of Kent. Hanson defined four (4) tasks that the Scope of Work consists of,
stating that this project is targeted for completion within 4-6 months, at which time
the final product will be presented to the Council Committee then moved on to the
Full Council
Councilmember Albertson moved to recommend approval of the 2011
Consultant Services Agreement with Community Attributes International, to
provide consultant services for the Economic Development Strategic Plan for
the City of Kent. Councilmember Higgins seconded the Motion. Motion
PASSED 3-0.
S. Economic Development Report
Economic Development Manager Kurt Hanson acknowledged that Pacific Grating (a
supplier who built ShoWare's catwalk structure) has moved their business from
Seattle to Kent.
Hanson stated that Kent published and sent out a Request for Proposal to the three
finalist teams on the Downtown Garage. The submittals are due back to the City by
April 28th. Hanson announced that anyone is welcome to attend a pre-submittal
meeting on Friday, March 18th at 1 p.m. in City Council Chambers East.
Hanson said that planning sessions have ceased with the Federal Aviation
Administration in their search for a site to locate a new facility, stating that this
project has probably been shelved by the GSA. Staff will bring an update back to the
Committee within a month.
For Information Only
Adiournment
Councilmember Perry Adjourned the Meeting at 6:20 p.m.
Pamela Mottram, Economic & Community Development
Committee Secretary
ECDC Minutes
March 14,2011
Paga 2 of 2
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
KENT Phone: 253-856-5454
WA5H1NGTON Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
March 8, 2011
TO: Chair Jamie Perry and Economic & Community Development Committee
Members
FROM: Erin George, AICP, Senior Planner
RE: Hebert Property at 26046 - 116th Avenue SE (#MISC-2011-1)
For March 14, 2011 public hearing
MOTION: Move to authorize staff not to apply the right-in/right-out
access restriction imposed on the property located at 26046 1161"
Avenue Southeast in favor of a site-specific safety analysis acceptable to
the City Engineer.
SUMMARY: The owner requests to remove the access restriction on the property
located at 26046 116th Ave SE, which was a condition of a 2006 Rezone and
Comprehensive Plan Amendment. If approved, this motion would release staff and
the property owner from complying with this development restriction, but would not
change the established zoning or Comprehensive Plan designations.
BACKGROUND: On March 20, 2006 the Planning & Economic Development
Committee considered a Zoning Map Amendment (#CPZ-2005-2) to change the
zoning designation of the Hebert Property from Single Family Residential (SR-6) to
Office-Mixed Use (O-MU) and a Comprehensive Plan Amendment (#CPA-2005-2(B))
to change the land use designation from Single Family Residential (SF-6) to Mixed
Use (MU). At the meeting, Committee members felt that left turns from the site
onto 116th Ave SE may be unsafe because of the proximity of the future driveway to
the intersection with Kent Kangley Road. Following discussion with staff, the
Committee approved both amendments with a condition that access to and from
the site shall be right-in and right-out only (see attached minutes). Council
subsequently adopted the two ordinances including the access restriction as
recommended by the Committee.
After adoption of the ordinances, the subject parcel's north lot line was shifted 100
feet north in a 2007 Lot Line Adjustment (see attached site plan). This adjustment
allows the future driveway to be moved further north. The City also completed the
improvement and widening of 116th Ave SE, which increased the road from 2 lanes
to 5 lanes, including new southbound left and right turn lanes (see attached "before
and after" photos). The applicant has indicated to staff that he has been unable to
develop the site in the last five years, citing the access restriction as dissuading to
potential tenants.
In light of the widened 116 th Ave SE, added left and right turn lanes and greater
distance between the driveway and intersection, Development Engineering staff
believes that safe alternative access could be designed for this site. The applicant
will submit a Traffic Analysis for Development Engineering review to ensure the
safest possible access design. Accordingly, staff recommends approval of the
proposed motion.
EG\pm\S:\Permlt\Plan\Mlsc Ordinances\2011\2011-1 Hebert Property\031411_ECDCmemo.doc
Enc: Att A- 2/2/11 Letter from Dan Balmelll
Att B- PEDC 3/20/06 Minutes
Att C- Aerial Site Photo
Att D- 116"Ave Improvement"Before"and"After" Photos
Att E- Lot Line Adjustment Site Plan j
cc: Fred Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Brennan Taylor, P.E., Development Engineering Manager
Tom Brubaker, City Attorney
Project File
Hebert Property Hearing
3/14/11 ECDC Public Hearing
Page 2 of 2
ATTACHMENT A - 3/14111 Economic & Community Development Committee Meeting 5
P�GHA(t CIVIL ENGINEERING,LAND PLANNING,SURVEYING
y February 2, 2011 \U/
s y' Email fsatterstrom@ci.kent.wa.us
o-
CT�No ENGIN��
Fred Satterstrom, Planning Director
City of Kent
Planning Services
220-4th Avenue South
Kent,WA 98032
RE: Request for Modification to Ordinances 3796 and 3797 to Remove Access Restriction on Kent
East Hill Property
Site Address: 26046— 116th Avenue S.E.
Our Job No. 14820
Dear Fred:
In response to your January 28, 2011 email, we are providing the information requested by the City in
order to initiate modification of Ordinance Nos. 3796 and 3797 to remove an access restriction on the
above-referenced property.
The following information is provided for your review and use in initiating this request.
1. The specific request is to modify Ordinances No. 3796 and 3797 on the above-referenced
property to remove the access restriction, which currently limits access from this property to
right-in/right-out only turning movements. Removal of this condition would allow the property
to obtain a full access driveway onto 116th Avenue S.E., provided that safe access can be
provided through support of a Traffic Analysis approved by the City of Kent Public Works
Department.
2. The main reason for requesting modification to the ordinances to remove the access
restriction is as follows:
• The access restriction was placed on the property in April 2006, prior to the improvement
of 116th Avenue S.E. to its current condition as a five-lane arterial roadway. Based on
current conditions of this roadway, it can be shown that full access to 116th Avenue S.E.
from the property can be provided safely by locating the access point at the far north end
of the property, thereby providing maximum separation from the intersection of Kent-
Kangley Road and 116th Avenue S.E.
• The City of Kent Public Works Department has indicated that they would support a full
access to 116th Avenue S,E, in support of a Traffic Analysis which concludes that safe
access can be provided. Although the access point would not provide the recommended
200-foot separation from the intersection of Kent-Kangley Road and 116th Avenue S.E.,
the separation which is achievable is close enough to meeting the recommended
separation and therefore, would be supported by the Public Works Department through a
deviation request. (See attached Smalls.) A Traffic Analysis was also previously
prepared in February 2006 as part of the rezone request which concluded that a full
access on 116th Avenue S.E. would be safe and functional.
• The applicant agrees to pay for any public notice publishing costs which would be
applicable 10 processing the modification.
18215 72ND AVENUE SOUTH KENT,WA 9BO32 (425)251-6222 (425)251-B782 FAX
BRANCH OFFICES ♦ OLYMPIA,WA ♦ CONCORD,CA ♦ TEMECULA,CA
www,barghausen.com
%TTACHMENT A - 3/14/11 Economic & Community Development Committee Meeting 6
Fred Satterstrom, Planning Director
City of Kent
Planning Services -2- February 2, 2011
• We are requesting that the City proceed with the modification to Ordinances No. 3796
and 3797 as soon as possible to remove the requirement that currently limits the project
site to right-in/right-out only access. This amendment is critical to achieving a successful
development project on this property. There are currently three potential pending users
interested in the project. These tenants have all indicated that it is imperative that a full
access be obtained from 116th Avenue S.E. in order to provide adequate ingress and
egress for customers.
The City has previously indicated that access to Kent-Kangley Road from the project site
would be limited to a maximum of a right-in/right-out only, and potentially only a right-out
movement. in order to obtain a right-in/right-out only access or a right-out only access,
an additional right-turn lane from the project site to the intersection of Kent-Kangley Road
may be required. Therefo?e, it is critical that a full access be obtained for the project on
116th Avenue S.E.
Other previous potential tenants have also indicated that without a full access onto 116th
Avenue S.E., development of a viable and successful project would not be achievable
due to inadequate ingress and egress for customers.
Please let me know if you have any questions or need any additional information to prepare this
modification and proposed on the March 14, 2011 ECDC Committee Agenda. Thank you for your
assistance and cooperation on this issue.
Sincerely,
Paniel . Balmelli, P.E.
Executive Vice President
DKB/dm/bd
14620c.001.doc
enc: As Noted
cc: Kurt Hanson, City of Kent Economic and Community Development
Ben Wolters, City of Kent Economic and Community Development
Charlene Anderson, City of Kent Planning Services
Erin George, City of Kent Planning Services
Roger Hebert, Hebert Construction
4TTACHMENT A - 3/14/11 Economic & Community Development Committee Meeting 7
Dan Baimelli
From: George, Erin [EGeorge@ci.kent.wa.usl
Sent: Wednesday, December 22, 2010 8:11 AM
To: Dan Balmelii
Subject: FW: 116th/KK property
Dan,
Below is the decision from Chad regarding the 116th/Kent Kangley property.
Unfortunately, getting an easement or buying a piece from the property owner to the
north would not avoid the right-in/right-out condition either. I am still waiting for
Sean's portion of the Wendy's summary letter and hope to have that out to you early
next week.
Sincerely,
KENT
Erin George, AICP, Senior Planner
Planning Services I Economic&Community Development
400 West Gowe, Kent, WA 98032
Main 253-856-5454 i Direct 253-856-5436
www.choo5ekentfrom
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
From: Wells, Sean
Sent: Tuesday, December 21, 2010 5:23 PM
To: George, Erin
Cc: Bieren, Chad
Subject: RE: 116th/KK property
Just yesterday, yes. To paraphrase Chad's thoughts: We could support a full-access on
116tn, but they need to remove the comp plan condition first. Until then, it would need
to be restricted to a right-in/right-out as conditioned. As for Kent Kangley, we cannot
support any access, not even right-in only, unless there was a separate drop-lane
westbound constructed by the applicant that also doubled as a right-turn-only lane to
northbound 116tn
Sean
I
4TTACHMENT A - 3/14/11 Economic & Community Development Committee Meeting 8
Dan Balmelli
From: George, Erin [EGeorge@cl.kent.wa.usj
Sent: Thursday, November 18, 2010 9:47 AM
To: Dan Balmelli
Cc: Hanson, Kurt
Subject: 116th & Kent Kangley Site
Attachments: CPA-2005-2.pdf; CPZ-2005-2.pdf
Hi Dan,
Following up on our meeting from last week regarding the 116th and Kent-Kangley site -
I spoke with Sean about access. Two deviation requests would be required - 116th
shouldn't be a problem but it will be harder to justify access onto Kent-Kangley because
alternate access (116th) is available. If access onto Kent-Kangley is allowed, it would
most likely be right-in only (right-out as well is unlikely). It's a good Idea to talk to
Sean directly before submitting those requests.
Regarding the Comp Plan Amendment condition, I've attached the ordinances for your
reference. The condition is included on both the CPA and the Zoning Map amendment
(see page 3 of CPA and page 2 of CPZ). You'll notice the parcel lines were different then
- that was prior to a Lot Line Adjustment that created the current configuration. Tom
Brubaker is out sick, so as soon as he's back Kurt will talk to him about how to deal with
this condition. Let me know if you have further questions.
Sincerely,
�� 1
KE T
IYAG,IIpiOX
Erin George, AICP, Senior Planner
Planning Services I Economic&Community Development
400 West Gowe, Kent, WA 98032
Main 253-856-5454 1 Direct 253-856-5436
vvww.chaosekent.com
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
«CPA-2005-2.pdf>> «CPZ-2005-2.pdf>>
I
ATTACHMENT B - 3/14/11 Economic & Community Development Committee Meeting 9
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
MARCH 20, 2006
Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Watson
The meeting was called to order by Chair Harmon at 4:00 p.m.
Approval of Minutes
Member Clark Moved and Member Watson Seconded a motion to approve the minutes of
February 27, 2006, Motion Passed 3-0.
Community Development Director Fred Satterstrom described the process for considering the
proposed comprehensive plan amendments.
#CPA-2005-2(B-C)/#CPZ-2005-(2-3) Annual Comp Plan and Zoning Map Amendments
Long Range Planner William Osborne stated that of the three amendment submittals, the
Bohannon amendment was withdrawn by the applicant, He stated that the subject property was
affected by the Urban Density Study which changed the land use and zoning designations to SF-6,
exceeding the proposal for this particular amendment.
#CPA-2005-2(B)/#CPZ-2005-2 Millennium-Kanglev Building II
Mr, Osborne stated that the subject site is located at 26046 1161h Avenue SE near the intersection
of Kent-Kangley and 1161h consisting of .06 acres in size. He stated that the existing
comprehensive plan and zoning designation is SF-6 with a proposed comprehensive plan
designation of Mixed Use (MU) and a zoning designation of Office/Mixed-Use (0-MU). Mr,
Osborne described existing zoning uses for the areas surrounding the subject property.
Mr. Osborne identified staffs issues of concern for the subject site and explained the Public Works
Department has planned 116'h Avenue Southeast street improvements, He stated that the Land
Use and Planning Board recommended approval for the amendment proposal.
#CPA-2005-2(C)/#CPZ-2005-3 Safeguard Self-Storage Phase IV
Mr, Osborne stated that the subject site (a mobile home park) is located at 509 Washington
Avenue between James and Meeker consisting of approximately ,5 acres with existing
comprehensive plan and zoning district map designations of Mobile Home Park with a proposed
comprehensive plan designation of Mixed-Use (MU) and a zoning designation of General
Commercial (GC). Mr. Osborne described existing zoning uses for the areas surrounding the
subject property and identified staffs issues of concern for the subject site. He stated that most
of the issues would be addressed as part of a site specific proposal review. He stated that the
Land Use and Planning Board recommended approval for the amendment proposal,
Mr. Osborne addressed the concerns of Members Clark and Harmon with respect to traffic Issues,
primarily focusing on vehicular access to the Millennium-Kangley subject site along 116`h Avenue
Southeast. Assistant City Attorney Kim Adams Pratt stated that the City's Development
Regulations would address the access issues and likely restrict access for the subject site to right-
In and right-out.
C�P� -aao5-Q ���
ATTACHMENT B - 3/14/11 Economic & Community Development Committee Meeting 10
#CPA ZOOS (4 7)/CPZ-2005-4 Annual Docketing Comprehensive Plan and Zoning Text
and Map Amendments Planner Gloria Gould-Wessen stated that these amendment requests are
part of the Annual Docket Report submitted by outside agencies and City Staff, Ms. Gould-Wessen
explained the rationale for each of the proposals.
Ms. Gould-Wessen responded to concerns raised by Member Clark related to #CPA-2005-7/CPZ-
2005-4 with respect to drainage, traffic and zoning Issues connected to the split zoning parcel.
Fire Marshall Division Chief Jon Napier responded to concerns raised by Member Clark with respect
to Fire and Life Safety Services Facilities Inventory, accommodating Levels of Service for potential
housing growth specifically if the Panther Lake area is annexed.
Member Clark asked that staff provide a data report that tracks population growth trends In terms
of housing in the Panther Lake Potential Annexation area.
Mr. Napier addressed a request by Member Harmon to elaborate on standards related to
commercial and high risk structural fires.
Steve Mullen Transportation Engineering Manager addressed the Committee's concerns with
development standards for access to and from the Millennium-Kangley subject site along 1161"
Avenue Southeast.
Member Clark Moved to approve the 2005 Comprehensive Plan and Zoning Map Amendments
#CPA-2005-2(B-C)/CPZ-2005-(2-3) amending #CPA-2005-2(B)/CPZ-2005-3 with the condition that
access to the subject site will be restricted to right-in and right-out only, and to approve the
Docketing Comprehensive Plan & Zoning Text and Map Amendments CPA-2005-(4-7)/CPZ-2005-4
as recommended by the Land Use and Planning Board, Member Watson Seconded the Motion.
Motion.Passed 3-0,
Growth Management Services Grant Award for Neighborhood Planning
Planner Gloria Gould-Wessen presented a Community Trade and Economic Development Grant
awarded to the City on March 8. She stated that this grant is Intended to be used to assist with
the neighborhood planning process through focus groups, made up of council and citizens in the
community, as well as funding the hiring of professionals to facilitate this process.
Member Watson Moved to accept the $35,000 Growth Management Services Grant for
Neighborhood Planning, amend the City's budget, and authorize the Mayor to sign the contract
with the Washington State Department of Community Trade and Economic Development.
Member Clark Seconded the Motion. Motion Passed 3-0.
Adiournment
Chair Harmon adjourned the meeting at 5:15 P.M.
Pamela Mottram,
Admin Secretary, Planning Services
slPermitlPlanlPlanning Committeel2006lMinute 1032006P DCmin.doc
PEDC-Mlnutes
March 20, 2006
Page 2 of 2
ATTACHMENT C-AERIAL SITE PHOTO
3/14/11 Economic& Community Development Committee Meeting 11
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Phone:253-678-2229
KENT Agenda Item: Consent Calendar - 7F
TO: City Council
DATE: April 5, 2011
SUBJECT: Consolidating Budget Adjustment Ordinance - Adopt
MOTION: Adopt Ordinance No. authorizing consolidating budget
adjustments made between January 1, 2010 and December 31, 2010 totaling
$31,625,303.
SUMMARY: Technical gross budget adjustments totaling $31,625,303 are
necessary for the actual adjustments made between January 1, 2010, and
December 31, 2010. The net amount, excluding transfers and internal service
charges, is $27,965,878.
EXHIBITS: Ordinance with Exhibit
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: Reduction of $7,232,588
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, amending the 2010 budget for
adjustments made between January 1, 2010, and
December 31, 2010.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. - Budget Adiustments. The 2010 City budget is
amended to include budget fund adjustments as summarized and set forth
in Exhibit "A," which is attached and incorporated into this ordinance.
SECTION 2. - Severability. If any section, sentence, clause, or
phrase of this ordinance should be held to be invalid or unconstitutional by
a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION 3. - Ratification. Any act consistent with the authority
and prior to the effective date of this ordinance is hereby ratified and
affirmed.
SECTION 4. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
1 2010 Budget Adjustments -
First and Second Half
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTIONS. — Effective Date. This ordinance shall take effect and
be in force five (5) days from and after its passage, approval and
publication as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of March, 2011.
APPROVED: day of March, 2011.
PUBLISHED: day of March, 2011.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
2 2010 Budget Adjustments -
First and Second Half
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments January 1, 2010 to December 31, 2010
Exhibit A
Adjustment
Fund Title Ordinance
001 General Fund 383,601
110 Street Fund (974,886)
130 Lodging Tax Fund 225,000
140 Youth/Teen Fund (47,125)
150 Capital Improvement Fund 973,052
160 Criminal Justice Fund 2,932,292
170 Environmental Fund 291,713
180 Housing & Comm Dev Fund 536,821
190 Other Operating Projects Fund (442,353)
220 Non-Voted Debt Service Fund 139,357
250 Special Assessment Debt Service Fund 125,000
310 Street Capital Projects Fund 5,483,898
320 Parks Capital Projects Fund 321,824
330 Other Capital Projects Fund (170,002)
340 Technology Capital Projects (650,000)
350 Facilities Capital Projects (436,231)
410 Water Operating Fund 11,065,494
440 Sewerage Operating 10,703,246
3 2010 Budget Adjustments -
First and Second Half
Exhibit A
480 Golf Operating 262,114
510 Fleet Services Fund (9,123)
520 Central Services Fund (75,000)
540 Facilities Management Fund 986,611
Total Gross Budget Change 31,625,303
Less:
Internal Service Funds
Other Transfers (3,100,475)
Internal Transfers (558,950)
Subtotal (3,659,425)
Total Net Budget Change 27,965,878
P:\Civil\Ordinance\BudgetMj ustment-20 10-Ordi na nce.docx
4 2010 Budget Adjustments -
First and Second Half
KENT Agenda Item: Consent Calendar — 7G
TO: City Council
DATE: April 5, 2011
SUBJECT: S. 277th ValleyCom Fiber Optics Interlocal Agreement —
Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement between
the City of Kent, Valley Communications Center and the City of Auburn for the
installation and use of fiber optic cable and equipment generally located within
the S. 277th Street corridor, subject to final approval of terms and conditions
acceptable to the City Attorney and the Public Works Director.
SUMMARY: To more effectively address public safety and related 911 emergency
dispatch needs, the City of Auburn on behalf of the Cities of Kent, Renton, Tukwila,
Auburn, Algona, Pacific and Federal Way and the Valley Communications Center
(ValleyCom) was successful in obtaining a $150,000 Department of Justice/Cops More
Grant for installation of fiber optic cable along S. 277th Street. This agreement allows
for the installation and use of fiber optic cable and equipment along the S. 277th St.
corridor, and provides the funds to the City to construct the fiber optic facilities. The
agreement allows the use of the City's existing conduit system and right-of-way along
S. 277th St. between Auburn Way N, and S. 108th St.
EXHIBITS: Memo dated 3/15/11 and Interlocal Agreement
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: None, except for staff time incurred. Funding for the project
above and beyond the COPS grant will be shared among the ValleyCom project
partners and ValleyCom will pay any project installation and construction costs
incurred in excess of grant funds received. The City of Kent will provide design
engineering, bid the project, administer construction, and provide construction
inspection services. Costs incurred by the IT Department are included in the 2011 IT
budget.
Information Technology Department
Mike Carrington, IT Director
® Phone: 253-856-4607
K 0 -'. Fax: 253 856 4700
WASH
' "cTon Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 15, 2011
TO: Kent City Council Operations Committee
FROM: Mike Carrington, Information Technology Director
SUBJECT: S. 277th St. Interlocal Agreement for Valley Communications Fiber
MOTION: Move to recommend Council authorize the Mayor to sign an Interlocal
Agreement between the City of Kent, Valley Communications Center and the City
of Auburn for the installation and use of fiber optic cable and equipment on the S.
2771h Street corridor, subject to terms and conditions acceptable to the City
Attorney and the Public Works Director.
SUMMARY:
To more effectively address public safety and related 911 emergency dispatch needs, the
City of Auburn on behalf of the Cities of Kent, Renton, Tukwila, Auburn, Algona, Pacific and
Federal Way and the Valley Communications Center (ValleyCom) was successful in obtaining
a $150,000 Department of Justice/Cops More Grant for installation of fiber optic cable along
S. 277th Street. The interlocal agreement with VallecyCom and the City of Auburn allows for
the installation and use of fiber optic cable and equipment along the S. 2771h St. corridor,
and to provide the grant and additional funds to the City of Kent to contract for the
construction of the fiber optic facilities. The agreement allows the use of the City of Kent's
existing conduit system and right-of-way along S. 277th St. between Auburn Way N. and S.
108th St.
BUDGET IMPACT:
Funding for the project above and beyond the COPS grant will be shared among the
ValleyCom project partners and ValleyCom will pay any project installation and construction
costs incurred in excess of grant funds received. The City of Kent will provide design
engineering, bid the project, administer construction, and provide construction inspection
services and will not seek reimbursement for these costs. In addition, the City of Kent will
make progress payments to the contractor for installation of the fiber, vaults, conduit and
appurtenances. The City of Auburn and ValleyCom agree to reimburse the City of Kent for
the installation and constructions costs. Costs incurred by the IT Department are included
in the 2011 IT budget.
Kent Council Operations Committee 1 S. 277th Corridor Fiber Project
March 15, 2011
INTERLOCAL AGREEMENT BETWEEN THE VALLEY
COMMUNICATIONS CENTER AND THE CITIES OF AUBURN AND
KENT FOR THE ESTABLISHMENT AND USE OF FIBER OPTIC
CABLE AND EQUIPMENT ALONG SOUTH 277T" STREET/S.E.
274T11 WAY BETWEEN AUBURN WAY NORTH AND 108TH AVENUE
S.E.
THIS INTERLOCAL AGREEMENT is entered into pursuant to the interlocal
cooperation act, Chapter 39.34 of the Revised Code of Washington among the City
of Auburn, a Washington municipal corporation ("Auburn") and the City of Kent, a
Washington municipal corporation ("Kent") and the Valley Communications Center
("VCC"), collectively the "parties."
RECITALS
1. For the last several years, there has been greater interaction between the
Valley Cities of Auburn, Kent, Renton, Tukwila, Auburn, Algona, Pacific, Federal Way
and the Valley Communications Center related to a number of different issues.
2. One of those issues is reliable and redundant public safety dispatch and
communications.
3. In order to more effectively address public safety and related dispatch needs,
the City of Auburn on behalf of the Valley Cities of Kent, Renton, Tukwila, Auburn,
Algona, Pacific, Federal Way and the Valley Communications Center was successful
in seeking funds to enhance public safety communication needs, and has become
eligible to receive grant funds in the amount of one hundred fifty thousand dollars
and no/100 ($150,000.00).
4. In order to receive those grant funds and use them in support of their
common and cooperative needs, the parties have reached agreement in connection
therewith.
IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS, PROMISES,
AND BENEFITS ESTABLISHED BELOW, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
A. RECEIPT OF GRANT FUNDS AND ASSOCIATED PROJECT COSTS. The City of
Auburn will receive the Department of Justice / Cops More Grant ("Grant"), in the
total dollar amount of one hundred fifty thousand dollars and no/100 ($150,000.00)
on behalf of the parties. The City of Auburn will administer the grant and assure
that the project is completed in compliance with grant conditions. The City of Kent
will provide design engineering, bid the project, administer construction, and
provide construction inspection services and will not seek reimbursement for these
277th Street Corridor & Valley Com Fiber Optics Interconnect Page 1 of 11
costs. In addition, the City of Kent will make progress payments to the contractor
for installation of the fiber, vaults, conduit and appurtenances. The City of Auburn
and VCC agree to reimburse the City of Kent for the installation and construction
costs. These payments shall be reimbursed from the Grant funds to the extent
those costs are grant eligible. VCC will pay any project installation and construction
costs incurred in excess of Grant funds received.
1. The Grant funds will be used to purchase materials and deploy a 288-
count single mode fiber optic cable bundle, along with any and all
applicable electronics, in the conduit system along South 2771h
Street/S.E. 274th Way from the proposed vault at the northeast corner of
Auburn Way N. and South 277th Street, called the `VCC demarcation
point," to the Valley Communications Data Center. Further, the Grant
funds will be used to purchase materials and deploy a 24-count single
mode fiber optic cable bundle between the City of Auburn's splice vault
at the southwest corner of Auburn Way N. and South 277th Street and
the VCC demarcation point.
2. VCC will pay for maintenance and relocation costs for all associated
aspects of the 288 fiber optic strands, both planned and emergent. In
particular, the parties anticipate that South 277th Street between Auburn
Way N. and I Street NE will be widened from three lanes to five lanes at
some point in the future. If that widening occurs and it results in
relocation of the 288-count fiber optic cable bundle, VCC shall pay all
costs associated with relocation of the 288-count fiber optic cable
bundle.
3. The City of Kent has sole authority to approve any change orders up to
$15,000 or any change orders required due to changed conditions in the
field that require immediate action. The City of Kent will determine
whether conditions in the field require immediate action, subject to later
ratification by the other parties. All other change orders shall be agreed
to by the designated representatives for VCC and Auburn identified in
Section C, VCC shall be responsible for the cost of all non-grant
reimbursable change orders associated with the fiber installation project.
B. FIBER APPORTIONMENT AND MAINTENANCE. One 288-count single mode
fiber optic cable bundle will be installed in a portion of conduit owned by the City of
Kent along South 2771h Street/S.E. 2741h Way between the VCC demarcation point
(at the northeast corner of Auburn Way North and South 277th Street) and the
cable vault located on the south side of S.E. 2741h Way approximately 300 feet west
of 1081h Avenue S.E. The City of Kent reserves the remainder of the conduit for its
future use. Additional conduit and one 288-count fiber will be installed between the
cable vault (on the south side of S.E. 274th Way approximately 300 feet west of
108th Avenue S.E.) and the Valley Communications Center property. The additional
conduit between the vault and Valley Communications Center will be owned and
maintained by VCC. The City of Kent and the City of Auburn will be responsible for
maintaining the fiber and related infrastructure located within each city's respective
277th Street Corridor & Valley Corn Fiber Optics Interconnect Page 2 of 11
city limits, and will coordinate with each other at demarcation points between the
two cities.
The VCC demarcation point will be where all VCC members will splice onto their
apportioned or future negotiated fiber strand allotments. From the VCC
demarcation point, one 24-count fiber optic cable will be installed in the existing
City of Auburn traffic signal conduit across the intersection of Auburn Way North
and South 277th Street providing connectivity to the City of Auburn's fiber optic
cable.
The 24-count fiber optic cable between the VCC demarcation point and the City of
Auburn's splice point located at the southwest corner of Auburn Way North and
South 277th Street will provide for Auburn's apportioned 12 fiber strands and
provide 12 dark fibers for future VCC negotiated fiber strand allotments that are
currently unknown.
Fiber strand apportionment for the VCC 288-count fiber will be assigned as follows:
1. Fibers 1 - 12 (12 fibers) will be dedicated to the City of Auburn.
2. Fibers 13 - 24 (12 fibers) future growth will be entrusted to VCC.
3. Fibers 25-36 (12 fibers) will be dedicated to the City of Kent.
4. Fibers 37 - 192 (156 fibers) will be entrusted to VCC based on the
following order of priority:
a. Upon request, use by other valley cities including: Renton 12
fibers, Federal Way 12 fibers, Tukwila 12 fibers, Algona 6 fibers,
and Pacific 6 fibers.
b. Use by Kent, Auburn, other valley cities, and/or other public
entities that benefit public safety.
C. Future fiber optic strand apportionment for these fibers will be
determined by consultation, mutual agreement, and approved
interlocal contracts drafted between Valley Communications
Center and any potential interested public sector entities.
5. Fibers 193 - 288 (96 fibers) will be entrusted to VCC for use at the sole
discretion of VCC.
Fiber strand apportionment for the 24-count fiber between the VCC demarcation
point and Auburn's splice point will be assigned as follows:
1. Fibers 1 - 12 (12 fibers) will be dedicated to the City of Auburn.
2. Fibers 13 - 24 (12 fibers) future growth will be entrusted to VCC based
on the following order of priority:
a. Upon request, use by other valley cities including: Algona 6 fibers,
and Pacific 6 fibers.
b. Future fiber optic strand apportionment for these fibers will be
determined by consultation, mutual agreement, and approved
277th Street Corridor & Valley Com Fiber Optics Interconnect Page 3 of 11
interlocal contracts drafted between Valley Communications
Center and any potential interested public sector entities.
C. DESIGNATED REPRESENTATIVES. Each party shall designate a
representative to meet, confer, evaluate and administer expenditure proposals in
connection with the Grant funds. The representatives shall meet as warranted at
dates and times determined by them to be most convenient. They are also
empowered to designate, identify and develop procedures and processes for their
interaction in connection with the administration and use of the Grant Funds.
D. INSURANCE. Each party shall be responsible for maintaining, during the
term of this Agreement, and at its sole cost and expense, insurance coverage in
amounts determined to be sufficient by each party's representative, in the amounts
described in Exhibit A attached and incorporated by this reference.
E. INDEMNIFICATION. Each party hereto agrees to be responsible and assumes
liability for its own wrongful or negligent acts or omissions, or those of its officers,
agents, or employees to the fullest extent required by law. Each party agrees to
save, indemnify, defend, or hold the other party harmless against all liability, loss,
damages, and expenses, including costs and attorney's fees, resulting from actions,
claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or
in consequence of the negligent acts or failures to act of the other party, its
employees, its subcontractors, its agents, or its assigns, which arise in any way out
of the performance of this Agreement. In the case of negligence of multiple parties,
any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party, and each party shall have the right to seek contribution
from the other party in proportion to the percentage of negligence attributable to
the other party.
F. 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 a Party's right to indemnification under
Section E of this Agreement.
G. WRITTEN NOTICE. All communications regarding this Agreement shall be
sent to the parties at the addresses listed on the signature page of the Agreement.
Any written notice hereunder shall become effective three (3) business days after
the date of mailing by registered or certified mail.
277th Street Corridor &.Valley Com Fiber Optics Interconnect Page 4 of 11
H. ASSIGNMENT. Any assignment of this Agreement by any party without the
written consent of the non-assigning parties 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.
I. 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 parties.
J. ENTIRE AGREEMENT. The written provisions and terms of this Agreement,
together with any Exhibits attached hereto, shall supersede all prior verbal
statements of any officer or other representative of the parties, 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.
K. COMPLIANCE WITH LAWS. The parties agree to comply with all federal,
state, and municipal laws, rules, and regulations that are applicable to this
Agreement.
L. 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.
M. DISCRIMINATION. In the hiring of employees for the performance of work
under this Agreement or any subcontract, the parties, or any person acting on
behalf of the parties 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.
N. DURATION. The duration of this Agreement shall be for the period of time it
reasonably takes for the performance by the parties as contemplated herein.
O. PURPOSE. The purpose of this Agreement is to use Grant Funds to deploy fiber
optic cable and related infrastructure in the 277th street corridor and to provide for the
maintenance of the cable and infrastructure.
P. FUNDING. The funding shall be out of the Grant Funds set forth in this
Agreement, except the cost of 96 strands of fiber and maintenance of 288 strands of
fiber, which shall be paid by VCC. Individual parties may choose, at their sole
discretion, to supplement the Grant Funds.
Q. ADMINISTRATION. The oversight and administration of the Agreement shall be
by the respective named representatives identified in Section C.
277th Street Corridor & Valley Com Fiber Optics Interconnect Page 5 of 11
R. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE AND RELATED
INFRASTRUCTURE. All Fiber Optic Cable, Infrastructure and Fiber Strands installed
as part of a Fiber Optic Project shall be allocated to the individual parties as specified
in Section B. The parties shall own all right and title to these allocated Fiber Strands
and Infrastructure.
1. USE OF FIBERS. A participating agency shall have complete free and
unrestricted use of the Fiber Strands installed and allocated to it under
this Agreement for any lawful purpose subject to applicable agreements,
approvals, permission and permits.
2. SALE OF FIBERS. Parties who wish to sell or otherwise transfer their
allocated fibers to any other party must obtain written and unanimous
approval from all parties, whom are also granted right of first refusal
regardless of circumstances of the sale.
3. PARTIES RIGHT OF FIRST REFUSAL. Before any allocated fibers or
related infrastructure held by a participating agency may be sold or
otherwise transferred (including transfer by gift or operation of law), the
other parties, either individually or collectively, shall have a right of first
refusal to purchase the shares on the terms and conditions set forth in
this section.
a. Notice of Proposed Transfer. The selling participating agency shall
(a) deliver to all parties a written notice stating: (i) the bona fide
intention to sell or otherwise transfer such allocated fibers or
related infrastructure; (ii) the name of each proposed purchaser
or other transferee; (iii) the number of fibers to be transferred to
each proposed transferee; (iv) the bona fide cash price or other
consideration for which the selling participating agency proposes
to transfer the allocated fibers or related infrastructure; and (v)
the material terms and conditions of the proposed transfer
("Offered Terms ) and (b) offer the allocated fibers or related
infrastructure at the Offered Terms to the other parties.
b. Exercise of Right of First Refusal. At any time within sixty (60)
days after receipt of the notice, the other parties, either
individually or collectively, may, by giving written notice to the
selling participating agency, elect to purchase all, but not less
than all, of the allocated fibers or related infrastructure proposed
to be transferred to any one or more of the proposed transferees,
at the purchase price and on the terms determined in accordance
with subsection (c) below.
C. Purchase Price. The purchase of the allocated fibers or related
infrastructure by the other parties, either individually or
277th Street Corridor & Valley Com Fiber Optics Interconnect Page 6 of 11
collectively, under this section shall be identical in all material
respects to the Offered Terms.
d. Payment. Payment of the purchase price shall be made in
accordance with the Offered Terms, within ninety (90) days after
delivery of the written notice by the other parties, either
individually or collectively, as set forth in (b) above.
e. Right to Transfer. If all allocated fibers or related infrastructure
proposed in the notice to be transferred to a given proposed
transferee are not purchased by the other parties, either
individually or collectively, the participating agency may sell or
otherwise transfer such allocated fibers or related infrastructure to
that proposed transferee, provided that such sale or other
transfer is consummated within sixty (60) days after the date of
the notice and provided further that any such sale or other
transfer is affected in accordance with Offered Terms as presented
to the other parties. If the allocated fibers or related infrastructure
described in the notice are not transferred to the proposed
transferee within such period, a new notice shall be required and
the other parties, either individually or collectively, shall again be
offered the Right of First Refusal before any allocated fibers or
infrastructure held by them may be sold or otherwise transferred.
f. Compliance with Terms and Conditions. Any entity purchasing
the right to use fibers or related infrastructure installed under a
fiber optic project agreement must agree to all the terms and
conditions of this Agreement, including the General Terms and
Conditions, Exhibits and Addenda as specified in this Agreement
and shall notify the parties of any such purchase.
g. Riaht to Grant Use. Parties may grant the right to use their fiber
or related infrastructure allocation to any other party provided the
sale or lease is approved by a majority of the other parties to this
Agreement. Such approval shall not be unreasonably withheld.
S. TERMINATION. Any party may terminate this Agreement, with or without
cause, upon providing the other parties thirty (30) days advanced written notice. A
party terminating this Agreement shall remain responsible for its proportionate share
of expenses incurred under this Agreement. If the parties do not obtain the Grant
described in Section A of this Agreement, any party may withdraw from and will not
be further bound by the Agreement effective immediately.
T. COPIES OF THE AGREEMENT. Copies of this Agreement shall be filed with the
King County Auditor's Office; the Secretary of State of the State of Washington; and
the respective Clerks of the parties hereto.
THIS AGREEMENT WILL TAKE EFFECT ON THE LAST DATE ENTERED BELOW.
277th Street Corridor & Valley Corn Fiber Optics Interconnect Page 7 of 11
CITY OF AUBURN: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Peter B. Lewis Print Name: Suzette A. Cooke
Its: Mayor Its: Mayor
(title) (title)
DATE: DATE:
Attest:
Danielle B. Daskam, City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Kent Law Department
VALLEY COMMUNICATIONS CENTER:
By.
(signature)
Print Name: Jim Haggerton
Its: Administration Board Chair
(title)
DATE:
i
P:\Civil\Flies\Open Files\1404-Regional Fiber Optic Project\7nterlocal Agreement 277th Corridor Fiber Project final 3-16.docx
277th Street Corridor &Valley Com Fiber Optics Interconnect Page 8 of II
EXHIBIT A
INSURANCE REQUIREMENTS FOR
CONSTRUCTION PROJECTS
Insurance
Each party shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by any party, its agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Each party shall obtain insurance of the types described below:
1. Automobile Liabilitv insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors
and personal injury and advertising injury. Each party shall
be named as an insured under the other parties' Commercial
General Liability insurance policy with respect to the work
performed under this Agreement.
3. Excess Liabilitv insurance covering both the Commercial
General Liability and Automobile policies.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Each party shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
EXHIBIT A (continued)
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
3. Excess Liability insurance shall be written with limits no less
than $1,000,000 per occurrence in excess of both the CGL
(combined with Products/Competed Operations coverage)
and Auto Liability policies cited above.
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:
1. Each party's insurance coverage shall be primary insurance with
respect to the other parties. Any insurance, self-insurance, or
insurance pool coverage maintained by each party shall be excess
of the other parties' insurance and shall not contribute with it.
2. Each party'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 other parties.
3. Each party shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on
behalf of the other parties and a copy of the endorsement naming
the other parties as additional insured shall be attached to the
Certificate of Insurance. Each party reserves the right to receive a
certified copy of all required insurance policies. Each party'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. Insurance for Other Losses
Each party shall assume full responsibility for all loss or damage from any
cause whatsoever to any tools, such party's employee owned tools,
machinery, equipment, or motor vehicles owned or rented by such party, or
such party's agents, suppliers or contractors as well as to any temporary
structures, scaffolding and protective fences.
EXHIBIT A (Continued)
E. Waiver of Subrogation
Each party waives all rights against each other any of their Subcontractors,
Sub-subcontractors, agents and employees, each of the other, for damages
caused by fire or other perils to the extend covered by Builders Risk
insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable
to the work. The policies shall provide such waivers by endorsement or
otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current AX Best rating of not
less than ANII.
G. Verification of Coverage
Each party shall furnish the other party or parties with original certificates
and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the Automobile
Liability and Commercial General Liability insurance of the other party or
parties before commencement of the work.
H. Subcontractors
Each party 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 each party.
KENT Agenda Item: Consent Calendar — 7H
TO: City Council
DATE: April 5, 2011
SUBJECT: Partners in Preservation Grant Agreement for Earthworks
Park — Accept
MOTION: Accept the grant from Partners in Preservation in the amount of
$70,000 to restore sculptural elements at Earthworks Park, authorize the Mayor to
sign all the necessary documents, amend the budget, and approve expenditure of
funds in accordance with the grant agreement.
SUMMARY: During the spring of 2010, the City of Kent successfully competed in
the Partners in Preservation grant program by raising community awareness about the
Herbert Bayer Earthwork via an online voting competition and a series of events. This
restoration of the Herbert Bayer Earthwork is to be supported by a grant from the
American Express Partners in Preservation program, a partnership of the National
Trust for Historic Preservation and the American Express Foundation.
The National Trust awarded the grant on July 29, 2010. Since that time, in coordina-
tion with the grantors, cultural staff has been verifying the budget and timeline for the
restoration work with Parks Planning and Development staff. Our City team is now
ready to move forward with restoration work during the months of July — September
2011.
EXHIBITS: Partners in Preservation Grant Agreement
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACTS: Budgeted in the Arts Commission Budget.
p I P I
PARTNERS IN PRESERVATION GRANT AGREEMENT
1. Grant and Budget.
The National Trust for Historic Preservation in the United States (the "Grantor") has
awarded a Grant to the City of Kent Arts Commission (the "Grantee") in the amount of
Seventy Thousand Dollars ($70,000) for the purposes stated in paragraph 2 (the "Grant").
In accepting this Grant, Grantee agrees to all the terms and conditions of this Grant
Agreement.
2. Use of Grant Funds.
Grantee shall use the Grant solely for the following purposes (the "Partners in
Preservation Project"):
The Project will restore the sculptural elements of the Herbert Bayer designed Mill
Creek Canyon Earthworks (7982, Local) to their original design.
Grant funds may not be used for administrative costs or staff salaries. Any changes in the
purposes of the Grant must be approved by Grantor in advance, in writing. Grantee
should contact the Western Regional Office of the National Trust for Historic Preservation
to discuss any proposed changes to the project.
3. Schedule.
The terms of this Grant Agreement will commence upon execution by both parties.
Administration of the Grant will follow the process described herein and summarized in
the ADMINISTRATIVE CHECKLIST appended hereto.
a) The Grant will be paid in two equal installments. The first installment of 50% of
the Grant will be paid following receipt by the Grantor of the fully executed
grant agreement. The second installment of 50% of the Grant will be paid
upon successful completion of the terms and conditions of this agreement,
including acceptance by the Grantor of the completion report required in
paragraph 3c.
b) Grantee agrees to submit an INTERIM PROGRESS REPORT and FINANCIAL
STATEMENT on or before April 31, 2011. The report shall describe the status of
the project and all expenditures made from Grant funds, and shall report on
Grantee's compliance with the terms of this Agreement. Grantee also agrees
to permit the representative of the Grantor, with reasonable notice, to inspect
the project to ensure that the work is progressing as planned and that the
grant funds are being used for the purposes stated.
Western Office National Office
5 Third Streot,Suite 707 1785 Massachusetts Ave, NW
San Francisco,CA 94103 Washington,DC 20036
P 415.947.0692 P 202.588.6000
F 419.947.0699 P 2C2.588.6038
F vvro@rthp org E Info@nthp.org
S-1119 AK,AZ CA XI ID,NV,OR,WA&the PaclNc
Island Tert[arles ., 1
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c) Work must be complete by December 31, 2011, and the FINAL REPORT and
FINANCIAL STATEMENT submitted by the Grantee no later than January 30,
2012. Extensions beyond that deadline shall be issued only for extraordinary
circumstances beyond the control of the Grantee, subject to the approval of
Grantor. Upon receipt of the FINAL REPORT, the Grantee agrees to permit the
representative of the Grantor, with reasonable notice, to inspect the
completed project to ensure compliance with the terms of this Agreement. j
The balance of the Grant will be paid upon approval of the FINAL REPORT.
d) If requested, the grantee agrees to write a 500-word blog entry, to be
featured on the National Trust's website, Preservation Nation.org.
Copies of all related submittal forms will be made available in electronic form.
4. Publicity.
Upon request, the Grantee agrees to participate in publicity events determined beneficial
by the Grantor or the American Express Foundation. Grantee further agrees to permit the
Grantor and/or American Express Foundation to use any and all submissions in the
application and in the reports for the promotion of the program and for their general
corporate purposes. Grantee is encouraged to announce this grant publicly.
5. Acknowledgement of Support.
Grantee agrees to acknowledge the support of the American Express Partners in
Preservation program in all print, audio, electronic, and film/video media that it produces
concerning the Project by including the following statement:
"This Project is supported by a grant from the American Express
Partners in Preservation program, a partnership of the National Trust for
Historic Preservation and the American Express Foundation."
Grantee agrees to display the project banner provided or similar sign featuring the
Partners in Preservation logo in a prominent location on the project site until the project is
complete. Permanent recognition of the grant appropriate to the site is required in a
manner comparable to recognition of other donors at the level of this grant.
6. Reports and Inspections.
a) Grantee agrees to submit above-specified documents and provide related
attachments completed to describe the work on the Project and all
expenditures made from Grant funds, and to demonstrate Grantee's
compliance with the terms of this Agreement. It is understood that the report
will be submitted by the Grantor to the American Express Foundation.
b) Grantee agrees to permit representatives of the Grantor, with reasonable
notice, to inspect the Project to ensure that the work is progressing as
planned and that the Grant funds are being used for the purposes stated.
Grantee also agrees to allow reasonable access to consultants and contractors
engaged by the Grantee for the Project.
7. Representations and Warranties.
Grantee hereby represents and warrants the following:
a) it is a 501(c)(3) nonprofit corporation in good standing, or a public agency;
b) if it has previously received Grantor financial assistance, all grant requirements
were satisfied or are current as of the date of this Agreement;
c) the representative executing this Agreement has the power and authority to
bind the Grantee to the terms stated herein;
d) the Project is in compliance with the Secretary of the Interior's Standards for
the Treatment of Historic Properties, unless otherwise agreed to in writing by
the National Trust.
8. Breach.
Failure to comply with the terms and conditions of this Grant Agreement, including,
without limitation, any failure to:
a) meet the deadlines and submittal of forms as specified in paragraph 3;
b) obtain the Grantor's written approval of any proposed changes in use of Grant
before implementation; or
c) complete the Project as described
shall nullify the Grant with the expectation that all funds paid to the Grantee shall be
returned, along with reasonable accrued interest.
In the event that Grantee violates or fails to carry out any provision of this Agreement,
including, without limitation, failure to submit reports when due, Grantor may, in addition
to any other legal remedies it may have, refuse to make any future grants or installment
payments of this Grant to Grantee and require the repayment of any funds that have
already been paid. Grantee agrees, in the event of breach, upon the request of Grantor, to
return any and all payments to Grantor.
9. Lobbying and Political Activities.
Grantee shall use no portion of the Grant to participate in any political campaign on behalf
of or in opposition to any candidate for public office, or to support attempts to influence
legislation of any governmental body other than through making available the results of
non-partisan analysis, study and research, to induce or encourage violations of law or
public policy, to cause any private inurnment or improper private benefit to occur, nor to
take any other action inconsistent with Section 501(c)(3) of the Code.
10. Non-Discrimination.
Grantee agrees to not discriminate against any employee or applicant for employment
because of actual or perceived race, color, national origin, creed, age, gender, marital
status, sexual orientation, religion, mental and physical disabilities, sex (including
pregnancy), personal appearance, gender identity or expression, family responsibilities,
genetic information, matriculation, political affiliation or veteran status.
11. Change in Status.
Grantee shall notify Grantor immediately of any change in (a) Grantee's tax-exempt
status, or (b) Grantee's executive staff or key staff responsible for achieving the Grant
purposes.
12. Indemnification and Hold Harmless.
Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by
law, to defend, indemnify and hold harmless the National Trust for Historic Preservation
and the American Express Foundation, their officers, directors, trustees, employees, and
agents, from and against any and all claims, liabilities, losses, and expenses (including
reasonable attorney's fees), directly or indirectly, wholly or partially, arising from or in
connection with any act or omission of Grantee, its officers, directors, employees, or
agents, in applying for or accepting the Grant, in expending or applying the proceeds of
the Grant, or in carrying out the Project.
13. Assignment.
This Agreement may not be assigned by the Grantee without the prior written approval of
the Grantor.
14. Entire Agreement.
This Agreement supersedes any prior oral or written understandings or communications
between the parties and constitutes the entire agreement of the parties with respect to
the subject matter hereof. This Agreement may not be amended or modified except in a
written document signed by both parties hereto.
Please acknowledge your acceptance of this agreement by signing and returning the
original of this letter to:
I
Anthea M. Hartig, Ph.D.
National Trust for Historic Preservation
Western Office
5 Third Street, Suite 707
San Francisco, CA 94103
Please direct questions regarding this Grant or your reporting requirements to:
Melita Juresa-McDonald, Program Assistant
415-947-0692, ext. 38221
melita_juresa-mcdonald@nthp.org
By signing and returning this Agreement you acknowledge that these grant funds will be
used expressly for the purposes described herein and are subject to the conditions
contained in herein. A copy is enclosed for your records.
We are delighted that your project has been selected to receive an American Express
Partners in Preservation grant, and we look forward to continuing to work with you to
ensure that rich heritage of Seattle-Puget Sound is preserved for the benefit and
enjoyment of present and future generations.
July 29, 2010
Anthea Hartig, Director, Western Office date
National Trust for Historic Preservation
Agreed to this day of 2010.
i
signature f
name
I
title
organization
cc: Leah Suhrstedt, Grants and Awards Coordinator, Center for Preservation Leadership
Grant# 39897
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KENT Agenda Item: Consent Calendar — 7I
TO: City Council
DATE: April 5, 2011
SUBJECT: Purchase of Play Equipment for Lake Meridian — Authorize
MOTION: Authorize the Mayor to sign the Goods and Services Agreement
with NW Playground, Inc., in the amount of $162,028.38 to purchase play
equipment for Lake Meridian Park, subject to final terms and conditions acceptable
to the City Attorney.
SUMMARY: Lake Meridian Park currently has a very small 2,700 square foot
playground. The play structure is at the end of its lifecycle. In replacing the play-
ground, we wanted to ensure that the size of the play structure met the demand of
this park and provided a draw to the park year-round. We have had great success
with new play structures at Service Club Ballfields and Wilson Playfields attracting
parents and kids during nonpeak use hours. This playground will provide direct
wheelchair access onto the play structure and become our most inclusive and
accessible playground. It will offer a creative, engaging, and challenging environment
to all children who come to the park. It's designed to encourage imaginative, social,
and natural play - all are of which are crucial to child development.
The Mayor authorized waiving the bidding requirements in compliance with Kent
Administration Policy Number 1.1.10 and City of Kent Administration Policy Kent City
Code 3.70.080 to purchase play equipment from NW Playground Equipment, Inc. The
purchase by NW Playground, Inc. is through King County Director's Association
(KCDA), a Purchasing Cooperative owned by Washington's public school districts that
helps members save money by creating volume purchasing, while fulfilling bid law
requirements. Included in the proposal is a 15% discount from National Purchasing
Partners (NPP), a group purchasing organization, and a 10% discount from NW
Playground Equipment, Inc. for a total cost of $177,421.08, including state sales tax
and delivery.
EXHIBITS: Draft agreement and signed waiver
RECOMMENDED BY: Parks & Human Services Committee
BUDGET IMPACTS: Budgeted in REET II Funds, carried forward in Capital Budget
PARKS, RECREATION AND COMMUNITY SERVICES II
Jeff Watling, Director !,
220 4T" Ave S
® Kent, WA. 98032-5895
Fax: 253-856-6050
WASHINGTON Phone: 253-856-5100
Memorandum
DATE: March 4, 2011
TO: Mayor Suzette Cooke
FROM: Brian Levenhagen, Project Manager
CC: Jeff Watling, Director, Parks, Recreation and Community Services
RE: Waiver for Play Equipment Purchase for Lake Meridian Park
We are asking for a written determination waiving the bidding requirements in
compliance with City of Kent Administration Policy, Number 1.1.10: "Waiver" and
Kent City Code, Section 3.70.080: "Use an Existing Bid of Another Agency," to
purchase play equipment from NW Playground Equipment, Inc. for Lake Meridian
Park. The estimated cost of the play equipment is $177,421.08, including state
sales tax and delivery. This purchase will be paid for out of our Lake Meridian Play
Equipment account which is funded with prior years' REET 2 funds carried forward
in our capital budget.
Purchase of the play equipment is going through the King County Director's
Association (KCDA), a Purchasing Cooperative owned by Washington's public
school districts that helps members save money by creating volume purchasing,
while fulfilling bid law requirements. Included in the purchase price is a 15% from
National Purchasing Partners (NPP), a group purchasing organization, owned by
Virginia Mason Medical Center, and a 10% from NW Playground Equipment, Inc.
If you determine that this waiver is justified, please sign below and contract
negotiations will proceed.
F-Suz tte ook�Mayor Date
"I CO of ent
ICE * T
GOODS & SERVICES AGREEMENT
between the City of Kent and
Northwest Playground Equipment, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Northwest Playground Equipment, Inc. organized under
the laws of the State of Washington, located and doing business at PO Box 2410 Issaquah, WA
98027 P: 425-313-9161 F: 425-313-9194 (hereinafter the "Vendor"). A
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and ,materials" and/or perform the following
services for the City:
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Playground equipment for the Lake, Nleridian Park,playground renovation at Lake
Meridian in Kent, Washington as described in the vendor's proposal dated March 4,
2011 attached and incorporated as Exhibit A.
Vendor acknowledges and understands that"it�is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF'COMPLETION\, Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by June 18, 2011.
III. ''rCOMPENSATION. The City shall pay the Vendor an amount not to exceed One
Hundred Sixty Two Thousand' Twenty Eight Dollars and Thirty Eight Cents ($162,028.38), plus
applicable Washington State Sales Tax (9.5%) for a total of One Hundred Seventy Seven
Thousand Four Hundred Twenty One Dollars and Twenty Eight Cents ($177,421.08), for the
goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor
the following amounts according to the following schedule:
GOODS & SERVICES AGREEMENT - 1
(Over $10,000,00, including WSST)
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Vendor shall deliver playground equipment and submit final invoice from which the
City will pay.
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If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to, withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and
\Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct ;these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S' ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED, BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS'MADE.
IV. INDEPENDENT CONTRACTOR. "',,The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Chi. 5108 RCW, the parties make the following
representations;
A. The Vendor has the ability to control and direct the performance and details
of its work, the City' being interested only in the results obtained under this
Agreement.
S, The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
'business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
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GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice aat its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any"change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this.Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or ,should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs, or time for performance, the City will
make an equitable adjustment. The City will attempt, in good.faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties ore unable to agree, the City will
determine the equitable adjustment as it deems appropriate. TheNendor shall proceed with the
amended work upon receiving either a written amendment from, the, City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives pits'right to make any claim or submit f
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must,, complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section j
VII, Claims, below.
The Vendor accepts all requirements,of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3)' not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VI{ CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation;, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall s give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date'the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the Claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing tlhe schedule change or
disruption if the Vendor is asserting, a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving -rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
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The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is;'\�alid, the City will adjust payment
for work or time by an equitable adjustment. No\�djustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work, In„spite of any claim, the Vendor shall
proceed promptly to provide the goods,; materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or, oral order (including directions, instructions, interpretations, and
determination)
E. Failure to Follow. Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations;and determination).
VIII., LIMITATION 'OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT''WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD,
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
GOODS & SERVICES AGREEMENT - 4
(Over $10,000,00, including WSST)
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or.'any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perfor'"m the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment ,Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon complofon of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold 'the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs 'and , attorney fees, arising out of or in
connection with the Vendor's performance of this Agreeme t, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any;df Vendor's work when completed shall not be
grounds to avoid any of these covenants of'lncJemnificatidn., ,
IT IS FURTHER SPECIFICALLY ',AND EXPRESSLY' UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE,, 'TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES €FURTHERACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor 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 by a
court having jurisdiction (or other. agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor 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 Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000,00, including WSST)
XIV. MISCELLANEOUS PROVISIONS.
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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, differe ;nce 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 611 appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragrap h shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice-hereunder shall'pecorrie effective three (3) business days after the
date of mailing by registered orFertfied 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 ot,this, Agreement shall continue in full force and effect and no
further assignment shay be, made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
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.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature) ,..
Print Name: Print Nam, e, 'Suzette Cooke
Its Its Mayor
(title) �
DATE: DATE,:
I
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Candice DeShurley Brian Levenhagen
Northwest Playground Equipment, Inc. City,of Kent
PO box 2410 220 Fourth:Avenue South
Issaquah, WA 98027 Kent, WA 98032
425 313-9161 (telephone) �' ' (253) 856-5116 (telephone)
425-313-9194 (facsimile), (253) 856-6050 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
WkeM rJan Pleygmund EGup)pen[
GOODS & SERVICES AGREEMENT - 7
(Over $10,000.00, including WSST
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.
I
The following questions specifically identify the requirements the City''d�ems 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:Agree ment Yg 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,ad ministrative,policy number 1.2.
2. During the time of this Agreement',I�w' ill,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 tlie. 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 2011.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jirn,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 andi 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 opportunityemployer: ,
2. Actively consider for promotion and 'advancement available minorities and women.
, I
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 Ior part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
i
i
EEO COMPLIANCE DOCUMENTS - 2 of 3
i
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 com�pany was the prime
contractor for the Agreement known as that
entered into on
the (date), betVveen the firm I represent and the City of
Kent.
i
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 Decla ration,City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement,
Dated this day,of ! 2011.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
h, . Northwest Playground Equipment, Inc.
PO Box 2419,Issaquah,WA 11127-1109
Phone(425)313-9161 FAX(425)313-9194
Finait candiceonwplayground.com
BUDGET QUOTE
Quote#314111-CD-1
To: Lake Meridian Park Date: SW2011
Contact Name: Brian Levenhagen Phone:
Email;.bileyenhaoen(B.cl.kent.wa.us. Fax:
Item# Qty Description Price TotalPrios
EQUIPMENT
IHD-012.11F 1 Playwdrld systems Custom Structure which includes: $ 101,855.00
Please see attached drawings for full description _
ZZXXO020 1 Playworid Systems Large Playweb $ 28,931.00
1 Pleyworld Systems Arch Swing-(2)Bay with(2)ADA Seat(2)Belt $ 5,333.00
Seats
ZZXX0409 1 Playworld Systems Pup Tent $ 3,090.()0
ZZBDO016 1 Piayworld Systems Ridge Boulder $ 13,004,00
1 Dynamo DX Apollo with Floor $ 19,350.00
National purchasing partners-NPP-sign up for free at
www.mympp.com
Equipment Subtotal $ 171,563.00
Discount: NPP 15.00% $ :(22,831.95)
Discount: NPEI 10.00% $ (1,935.00)
(2)Full Truck loads-Piayworid Freight: $ 13,922.28
Dynamo Freight: S 1,3%05
Equipment Total(less tax) $ 162,028.38
INSTALLATION
Not included
Installation Total $ -
Tax: 0.5% $ 15,392.70
ORDER TOTAL: $ 177,421.08
All quotes are subject to material and fuel surcharges.
Acceptance of Proposal:
(Please be sure you have read,signed and understand the Terms and Conditions on Page 2 of this Quote)
The items,prices and conditions listed herein are satisfactory and are hereby accepted.
Candice DeShurley
Sales Assistant Customer Signature Date -
Thank you for considering Northwest Playground Equipment,Inc.for your
Park,Playground, Shelter and Sports Equipment requirements.
PAGE 1 or 2 Revised 2/11/2010
a Northwest Playground Equipment,Inc.
An
POBox 24111,hssaquah,WA 98027-0109
Phone(425)313-9161 FAX(425)313�9194
Email:Candice@nwplayground.com
Project Name: Lake Meridian Park Quote# 314111-CD-1
TERMS AND CONDITIONS
QUOTE CONDITIONS AND ACCEPTANCE:
This quote Is valid for 30 days.
.Orders placed or requested for delivery after these dates are subject to price increases.
It is the Buyer's responsibility to verify quantitles and description of items quoted,
once your order has been placed,any changes Including additions,deletions or color changes,,will delay your shipment.
EXCLUSIONS:Unless specified,this quote specifically excludes all of the following:
Required Permits;Davis Bacon,Certified Payroll or Prevailing Wage fees
Performance/Payment Bonds
Site work and landscaping
Removal of existing equipment
Unloading;Receiving of inventory or equipment;Storage of equipment
Equipment assembly and/or installation
Safety surfacing;Borders or drainage requirements
FREIGHT AND DELIVERY:
Shipping is FOB Origin.A 24-hr Call Ahead is available at additional cast.
Delivery js currently 5+weeks after order submittal.Unless otherwise noted,all equipment is delivered unassembled.
Buyer is responsible to meet and provide a minimum of 2 persons to unload truck
A Check List,detailing all items shipped,will be mailed la you and a copy will be included with the Shipment.
Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check.List.
Shortages or damages must be noted on the driver's delivery receipt.Shortages or damages not noted become the Buyer's
financial responsibility.
:Damaged Freight must be refused.Please notify Northwest Playground Equipment immediately of any damages.
Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery.
A reconsignment fee will be charged for any changes made to deivery address after order has been placed.
TAXES:
All orders delivering in Washington are subject to applicable sales tat unless tax exempt or a Reseller Permit is on file at the
time the order is placed.
PAYMENT TERMS;50%due at time of order with balance due on delivery,unless other credit terms have been approved.
Interest may be charged on unpaid balances at an annual rate of 18%.
RESTOCKING:I lems canceled,returned or refused will be subject to a minimum 25%restocking fee.All return freight
charges are the responsibility of the Buyer. '..
MAINTENANCEIWARRANTY:
Manufacturers standard product warranties apply and cover equipment replacement and freight costs only;labor is not included.
Northwest Playground Equipment offers no additional warranties.
Maintenance of the equipment and safety surfacing is the responsibility of the customer.
Any unauthorized alterations or modifications to the equipment(Including layout)will void your warranty. '..
INSTALLATION:(if applicable)
A private locate service for underground Utilities must be completed before your scheduled installation.
Site must be level and free of loose debris(this includes ground cover/chips).
A minimum 6 foot opening with good access must be available-to the sitafor delivery trucks and tractor.
An orelts dumpster must be Provided for disposal of packaging materials.
Arrangements must be made in advance for the disposal of dirt/rocks from within the installation area.
Arrangements must be made in advance for the removal/disposal of existing equipment.
Additional charges may apply if large rocks or concrete are found beneath the surface.
Access to power and water must be available.
Site supervision Is quoted in 8-hour days.
Acceptance of Terms &Conditions
Accept ce of this proposal,made by an authorized agent of your company,indicates agreement to the above terms and conditions.
i
Candice DeShurley
Sales Assistant Customer Signature Date
PAGE 2 of 2 Thank ynu for choosing Northwest Playground Equipment Revised VIIl =
KENT Agenda Item: Consent Calendar - 73
TO: City Council
DATE: April 5, 2011
SUBJECT: Centennial Center Third Floor Tenant Improvement Project -
Accept as Complete
MOTION: Accept the Centennial Center Third Floor Tenant Improvement
Project as complete.
SUMMARY: On September 7, 2010, Council awarded the agreement to TW
Vance Company, Inc. to complete the Centennial Center Third Floor Tenant
Improvement Project. The project is complete and was approved by the Project
Manager on March 15, 2011. The one-year warranty period will remain in effect
through February 28, 2012.
EXHIBITS: Acceptance Letter from Project Manager
RECOMMENDED BY: Parks & Human Services Committee
BUDGET IMPACTS: None
i
I
FACILITIES MANAGEMENT
Charles Lindsey
.,
Superintendent
220 4"Avenue South
KENT Kent,WA 98032
WA Fax: 253-856-6080
�1,PNc._.2c�5.6r�•A�A, I
March 15, 2011
Adam Vance
TW Vance Company, Inc.
720 South 333rd St Suite #200
Federal Way, Wa, 98003
I
RE; Centennial Center Third Floor Tenant Improvement
I
Dear Adam:
I have made a final inspection of the City of Kent Centennial Center Third Floor
Tenant Improvement, and found that the project has been completed to my
satisfaction. This letter serves as final acceptance of the Public Works Project
effective February 28, 2011.
The one-year warranty period will remain in effect through February 28, 2012,
Please make sure that all necessary State documents have been completed and
filed.
If you have any questions, please call me at (253)856-5081.
r
Charlie Lindsey, Sup erint dent of Parks Facilities
City of Kent Parks Facilities
C: Jeff Watling Parks Director
Recreation & Community Services
Chauntelle Kristek
C
y
U II
0' MAYOR SUZETTE COOKE
City of Kent Parks, Recreation &Community Services
Jeff Watling, Director
KENT Agenda Item: Consent Calendar - 7K
TO: City Council
DATE: April 5, 2011
SUBJECT: Contract with Kennedy/Jenks Consultants for Guiberson
Corrosion Control Facility - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Kennedy/Jenks Consultants for the purpose of providing construction support
and additional design engineering services, in an amount not to exceed $40,990
for the Guiberson Corrosion Control Facility Project, subject to final terms and
conditions acceptable to the City Attorney and the Public Works Director.
SUMMARY: Kennedy/Jenks Consultants will be involved in support of the
construction contract and will provide additional engineering services related to the
water treatment facility.
EXHIBITS: Public Works Memo dated 2/24/11 and Consultant Services Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Cost for this work has been budgeted as part of the project and
will be paid for out of the Water Utility Fund. The Guiberson Corrosion Control Water
Treatment Facility was included in the 2008 Water System Plan and related water
rates, which were adopted by Council in 2009.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 24, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: March 21, 2011
From: Dave Brock, P.E. Utility Engineer
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Contract with Kennedy/Jenks Consultants - Guiberson Corrosion
Control Facility
Item - 2
Motion:
Move to recommend Council authorize the Mayor to sign the Consultant
Services Agreement with Kennedy/Jenks Consultants, in an amount not to
exceed $40,990.00 for the purpose of providing construction support and
additional design engineering services for the Guiberson Corrosion Control
Facility Project, subject to final terms and conditions acceptable to the City
Attorney and the Public Works Director.
Summary:
The Public Works Department contracted with Kennedy/Jenks Consultants for the
design of the Guiberson Corrosion Control Facility drinking water project. The
project was bid and the contract awarded at the February 15, 2011 Council meeting.
As the engineer of record, Kennedy/Jenks Consultants will need to be involved in
support of the construction contract and provide additional engineering services
related to the water treatment facility. The proposed Agreement amount is
$40,990.
Budget Impact:
Cost for this work has been budgeted as part of the project and will be paid for out
of the Water Utility Fund. The Guiberson Corrosion Control Water Treatment Facility
was included in the 2008 Water System Plan and related water rates, which were
adopted by Council in 2009.
0T
WA5 NIN6TON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Kennedy/Jenks Consultants
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Kennedy/Jenks Consultants organized under the laws of the State
of Washington, located and doing business at 32001 32"d Avenue S., Suite 100, Federal Way,
WA 98001, Phone: (253) 874-0555/Fax: (253) 952-3435, Contact: Milt Larsen (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 construction support and additional design engineering
services for the Guiberson Corrosion Control Facilities. For a description, see the
Consultant's Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2012.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Forty Thousand, Nine Hundred Ninety Dollars ($40,990.00) for the services
described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the; City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Opportunity Policy Declaration, Comply ;with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached.Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of,any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, 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
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 this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$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 Ind jurisdiction of the King County Superior Court,
King County, Washington, unless thei: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. Assi. nment. 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 ih',wciti'ng 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
(Over$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 grigirial, 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:
Milt Larsen Timothy J. LaPorte, P.E.
Kennedy/Jenks Consultants City of Kent
32001 32"d Avenue S., Suite 100 220 Fourth Avenue South
Federal Way, WA 98001 Kent, WA 98032
(253) 874-0555 (telephone) (253) 856-5500 (telephone)
(253) 952-3435 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Kennedy Jenks-Corrosion Control Fac-Constr/Brock
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A .
City of Kent
Guiberson Corrosion Control Facilities
Construction Services
Scope of Services
Understanding
The City of Kent (Kent) is awarding a construction contract for Schedules I and III
(Guiberson Corrosion Control Facility and Additional Temporary Erosion and
Sedimentation Control Measures). Schedule II (Guiberson Reservoir Aeration
Improvements) will not be awarded.
Kent plans to provide a primary Resident Engineer/Inspector who will be responsible for
preparing inspection reports, obtaining special inspections (such as those required by the
Washington and City Codes), reviewing the Contractor's schedule and a portion of the
Contractor's submittals, responding to some of the Contractor's requests for information
(RFIs), reviewing and processing progress payments and change orders, taking and
distributing construction meeting minutes.
Kennedy/Jenks Consultants will assist`the City of Kent during construction of the
Corrosion Control Facilities by providing tho,following services listed below. The budget is
based on a construction contract award in February 2011, a construction duration of 15
months, and funding limitations. The level of effort is limited to the authorized budget.
Should effort beyond the budget be required, additional budget must be provided before
work can be performed.
Kent agrees that in accordance with generally accepted construction practices, the
construction contractor will be required to assume sole and complete responsibility for
jobsite conditions during the course of the project, including safety of all persons and
property and that this responsibility shall be continuous and not be limited to normal
working hours.
Kennedy/Jenks Consultants agrees that where RFI's (Request for Information) or site
visits reveal corrections to be made to the plans, materials or specifications that are the
result of major errors or omissions on the part of Kennedy/Jenks, or one of their sub-
consultants, the City shall not be charged hours for the initial review or for any
subsequent time and materials to review, correct, redesign and/or re-inspect the
corrected materials or construction.
Task 1 - Project Management
Consultant Services:
1. Prepare a project memorandum to be issued to Kennedy/Jenks' team members
that describes the project and provides background information for the referenced
1
project, City contacts, outlines the scope of services, summarizes the project
deliverables, indentifies project team members' responsibilities and budgets, and
QC requirements. The project memorandum will include a hazard appraisal and
recognition plan for Kennedy/Jenks' staff.
2. Prepare and execute subcontracts with the structural, landscape and geotechnical
subconsultants and manage the subconsultant's activities.
3. Track project costs and prepare monthly invoices.
4. Coordinate and manage the activities of our staff.
5. Provide QC review of deliverables:
Deliverables
1. Monthly invoices.
Task 2 - Submittal Review
Assumptions:
1. It is understood that the City staff will review the majority of the Contractor's
submittals and forward submittals to Kennedy/Jenks for review only as needed.
2. The budget includes $9,610 for review of substitutions, submittals and
resubmittals. The actual time will be influenced by the quality of the submittals, the
number of resubmittals, number of Contractor proposed substitutions, and the
number of submittals reviewed by City staff.
3. The Contractor includes the Submittal and Response Form (Exhibit GC-2 in
Section 01999) with each submittal,
Consultant Services
1. Kennedy/Jenks will review shop drawings, product data, samples, and other
submittals required by the construction Contract Documents as requested by the
City. We will transmit review comments to the City for distribution to the General
Contractor. This review shall be for conformance with the design concepts and
general compliance with the construction contract documents. This review is not in
any way an assumption of responsibility for the Contractor's means and methods,
sufficiency of shoring, safety of the job, or compliance with laws and regulations. It
shall not include review of.gUantties, dimensions, weights or gauges, fabrication
processes, construction methods, coordination with the work of other trades, or
construction safety precautions. Kennedy/Jenks will not be responsible for review
of deviations from the contract documents which are not clearly noted by the
Contractor. Acceptance of Contractor's sheeting, shoring and dewatering design
on behalf of the City shall not include a review or approval of the designs.
Deliverables
1. Kennedy/Jenks will return one of the two copies submitted by the City with the
Submittal Response Form except'#or structural submittals. Kennedy/Jenks will
2
return one of the three of structural submittal copies submitted by the City with the
Submittal Response Form.
Task 3 —Office Support Services
Assumptions:
1. It is understood that the City staff will review a portion of the Contractor's RFIs and
forward those needed to Kennedy/Jenks for review.
2. The budget includes $12,659 for office services such as preparation of
clarifications and responses to the Contractor's RFIs and providing engineering
advice.
Consultant Services
1. Be available for telephone contact with the City's Resident Engineer to provide
assistance during construction. City will be responsible for initiating contact when
assistance is needed.
2. Prepare clarifications and interpretations of the plans and specifications including
responses to requests for information when requested to do so by the City.
3. Provide engineering advice and consulting services to City staff during the
construction period. We will utilize Landau Associates to address concerns over
geotechnical conditions raised during construction.
Deliverables
1. Responses to Requests for Information
2. Clarifications
Task 4— Site Visits and Construction Meetings
Assumptions:
1. The budget includes $5,336 for site visits and construction meetings during the
construction period.
2. The budget includes $2,884 to assist the City in the preparation of the punch list
and review the construction and associated documentation for completion of the
Washington State Department of Health (WADOH) Construction Completion
Report. The City will provide Kennedy/Jenks inspection reports with digital
installation photos of buried infrastructure, test results, and written confirmation
that submittals approved by the City, the Contractors construction work, and
disinfection and testing not observed by Kennedy/Jenks were substantially
completed in conformance with the construction documents, state regulations,
and/or WADOH approved City of Kent Construction Standards.
3. Budget assumes that the -City will provide inspection and special inspection
services including geotechnical inspection.
3
Consultant Services
1. Kennedy/Jenks will attend construction progress meetings with the Construction
Contractor when requested by the City.
2. Kennedy/Jenks will observe the progress of construction during periodic site visits
and provide input to City staff where our observations indicate corrective action is
desirable.
3. This task includes assisting the City in the preparation of the final punch list of
work items to be completed by the Contractor and providing a Construction
Completion Report to be filed by the City to the WADOH prior to facility start-up.
Task 5— Programming
Assumptions:
1. The City will be responsible for preparing the facilities PLC program and
documentation. Documentation for each rung of logic will explain what the logic
does. The budget includes $1,368 for reviewing the City's PLC program.
2. City staff will develop the Wonderware SCADA screens.
3. City staff will provide radio program..logic and configure radio hardware.
Consultant Services
1. Kennedy/Jenks will review the City's PLC program and documentation and provide
comments as appropriate within the budget.
Deliverables
1. Return submittal of the City's PLC program with comments.
Task 6 - Startup Assistance & Training
Assumptions:
1. The budget includes $408 for review of the Contractor's start up and testing plan.
2. The budget assumes that the City will witness equipment startup and testing and
Kennedy/Jenks will not be on site for this activity.
3. The budget includes $1,548,for preparation and onsite training.
4. Equipment suppliers will provide detailed training in the operation and
maintenance of their equipment.
5. The budget includes $2,704 to provide advice to the City to modify and fine tune
the PLC program during startup.
6. The budget does not include post startup assistance, warranty enforcement
assistance, and an 11-month inspection.
7. Kennedy/Jenks Consultants will not operate any equipment.
4
Consultant Services
1. Kennedy/Jenks will review the facility start up plan and schedule developed by the
contractor for testing and commencing operation of the facilities
2. Operator training services consists of one half day of onsite training of City
employees in corrosion control principals, and a general overview of the operation
of the Corrosion Control Facilities and testing procedures.
3. Provide advice to the City to modify the PLC program during startup to tune the
response.
4. Respond to questions from operations personnel during the startup period.
Deliverables
1. Written review comments on the Contractor's startup and testing plan.
5
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KENT Agenda Item: Consent Calendar - 7L
TO: City Council
DATE: April 5, 2011
SUBJECT: Contract with Mayes Testing Engineers for Guiberson
Corrosion Control Facility - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement with
Mayes Testing Engineers, Inc. for the purpose of providing materials inspection and
special inspection services, in an amount not to exceed $35,024 for the Guiberson
Corrosion Control Facility Project, subject to final terms and conditions acceptable
to the City Attorney and the Public Works Director.
SUMMARY: On February 15, 2011, Council awarded the above Guiberson
Corrosion Control Facility project. It is a requirement of the Kent Building Department
that various aspects of the construction have material inspection and special
inspections as outlined in the rules and regulations of the City of Kent and the
Washington Association of Building officials.
EXHIBITS: Public Works Memo dated 2/21/2011 and Consultant Services Agreement
and site map
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Cost for this work has been budgeted as part of the project and
will be paid for out of the Water Utility Fund. The Guiberson Corrosion Control Water
Treatment Facility was included in the 2008 Water System Plan and related water
rates, which were adopted by Council in 2009.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 21, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: March 21, 2011
From: Peter Tenerelli, Construction Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Contract/Mayes Testing Engineers, Inc. - Kent Guiberson
Corrosion Control Facilities Materials and Special Inspections
Item - 3
Motion:
Move to recommend Council authorize the Mayor sign a consultant
services agreement with Mayes Testing Engineers, Inc. in an amount not
to exceed $35,024 for the purpose of providing materials and special
inspection services for the Guiberson Corrosion Control Facilities Project,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
Summary:
On February 15, 2011 the Kent City Council authorized award of the above
referenced project to be built by McClure and Sons Inc. The contract for this work
has been signed and work is scheduled to begin in late April. It is a requirement of
the Kent Building Department that various aspects of this construction have material
inspection and special inspections as outlined in the rules and regulations of the City
of Kent and the Washington Association of Building Officials (WABO). This type of
inspection is highly specialized and is beyond the expertise and equipment
capabilities of City staff.
There is not a more cost effective or sufficient quality control option than to have
this work performed by a consultant who has the appropriate personnel and
equipment to perform these duties.
BUDGET IMPACT:
Cost for this work has been budgeted as part of the project and will be paid for out
of the Water Utility Fund. The Guiberson Corrosion Control Water Treatment
Facility was included in the 2008 Water System Plan and related water rates, which
were adopted by Council in 2009.
0 T
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Mayes Testing Engineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Mayes Testing Engineers, Inc. organized under the laws of the State
of Washington, located and doing business at 20225 Cedar Valley Road, Lynnwood, WA 98036,
Phone: (425) 742-9360/Fax: (425) 745-1737, Contact: Paul Myers (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 inspection and materials testing services for the
Guiberson Corrosion Control Facilities Project. For a description, see the
Consultant's March 10, 2011 Scope of Work which is attached as Exhibit A and
incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted'professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2012.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Thirty Five Thousand, Twenty Four Dollars ($35,024.00) for the services
described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the-Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT- 2
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
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 extentof�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
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 this
Agreement.
VIII. INSURANCE. The Consultant_shall procure and maintain for the duration of the
Agreement, insurance of the types—and in the amounts described in Exhibit C attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of he City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT- 3
(Over$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 l.egal,costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all iappeals, 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
(Over$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:
Paul Myers Timothy J. LaPorte, P.E.
Mayes Testing Engineers, Inc. City of Kent
20225 Cedar Valley Rd, 220 Fourth Avenue South
Lynnwood, WA 98036 Kent, WA 98032
(425) 742-9360 (telephone) (253) 856-5500 (telephone)
(425) 745-1737 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Mayes-Gulberson/ienerel0
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of _ 20 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all ory part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY,OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
In addition to special inspections and materials testing that Mayes Testing Engineers will provide,
we will utilize subconsultants GPI/Greenman-Pedersen for coatings inspection and GeoDesign for
geotechnical engineering services. We understand our scope of work to include:
• Soil Density Testing of Backfill
• Reinforced Concrete Inspection
• Proprietary Anchor Inspection
Masonry Inspection
• Structural Steel Fabrication Inspection
• Structural Steel Erection Inspection
• Geotechnical Construction Observation (GeoDesign)
- Site Grading Observation
- Foundation Subgrade Excavation Observation
- Proofrolling Observation
- Soil Bearing Verification
• Attend preconstruction meetings, participate in periodic project progress meetings.
• Provide onsite construction inspection and recommendations regarding construction
materials as requested.
• Observe placement and procedures of materials. Provide a WABO certified inspector
where required.
• Provide density tests to confirm compaction and testing specification requirements. Sample
imported material to evaluate and confirm specification requirements. This includes
laboratory testing for each material type imported to the site. Testing methods will be
performed according to current applicable standards.
• Provide miscellaneous professional services related to this project as directed, photograph
construction materials and methods as appropriate or as directed by the Owner's
Representative.
• Provide to the owner notification of failing test results within 2 hours of discovery during
normal working hours related to materials testing, concrete cylinder breaks or other critical
test results as determined by the Owner's Representative.
• Provide time sheets with each invoice that verify Consultant employee(s), day, date and
times worked, hourly rate, total per day, mileage; tests performed and test fees, and any
other pertinent information required to verify invoiced charges.
• Hourly rates include all test equipment for our services. A Licensed P.E. reviews all reports
and computer-generated copies are mailed to all parties on the project distribution list.
Hours are broken down according to task in the fee schedule.
• Equipment and materials will include equipment used by an inspector the field in the
performance of normal working duties.
• Unit rates valid for anticipated duration of the project.
MAYES TESTING ENGINEERS, INC.
EXHIBIT B
City of Kent Guiberson Corrosion Control Facility
Testing and Inspection Services
Mayes Testing Engineers Cost Estimate No. 11110T - Revision Two
Estimated No. Extended
Item of Units Unit Price Total
Inspection Services
Soils Technician (Includes density testing of backfilled material for
utility lines only) 48 Hours 60.00 /hr 2,880.00
Estimate 12 inspections at 4 hours per inspection
Reinforced Concrete Inspection 50 Hours 53.00 /hr 2,650.00
Estimate 10 inspections at 5 hours per inspection
Proprietary Anchor Inspection (Includes expansion and epoxy
grouted anchors) 12 Hours 53.00 /hr 636.00
Estimate 3 inspections at 4 hours per inspection
Masonry Inspection 32 Hours 53.00 /hr 1,696.00
Estimate 8 inspections at 4 hours per inspection
Structural Steel Fabrication Inspection 8 Hours 58.00 /hr 464.00
Estimate 2 inspection at 4 hours per inspection
Structural Steel Erection Inspection 16 Hours 58.00 /hr 92&00
Estimate 4 inspections at 4 hours per inspection
Asphalt Technician 8 Hours 60.00 /hr 480.00
Estimate 1 inspection at 8 hours per inspection
Concrete Slab Moisture Emissions Testing 20 Hours 125.00 /hr 2,500.00
Geotechnical Construction Observation (Sub consultant-
GeoDesign for geotechnical monitoring of overexcavations and fill,
includes 10% markup)
Senior Associate 45 Hours 160,00/hr 7,200.00
Technician 30 Hours 80.00 /hr 2,400.00
Laboratory, Project Management 1,310.00
10% Subconsultant Markup 1,090.00
Coatings Inspections (Subconsultant-GPI
Greenman/Petersen,includes 10%markup)
Inspection Services 48 Hours 90.00 /hr 4,320.00
Supplies, Project Management 680.00
10% Subconsultant Markup 500.00
Project Management (Includes meetings, site visits, report
review, mix design review, and misc. consultation) 30 Hours 95.00 /hr 2,850.00
MAYES TESTING ENGINEERS, INC.
City of Kent Guiberson Corrosion Control Facility
Testing and Inspection Services
Mayes Testing Engineers Cost Estimate No. 11110T - Revision Two
Estimated No. Extended
Item of Units Unit Price Total
Laboratory Services
Soil Moisture Density Relationship Test(Proctor) 2 Each 200.00 ea 400.00
Sieve Analysis Test (includes particles finer than#200) 2 Each 200.00 ea 400.00
Concrete Compressive Strength Cylinder Test 40 Each 22.00 ea 880.00
Masonry Prism Test (grouted or ungrouted) 6 Each 110.00 ea 660.00
Asphalt Rice Density Test 1 Each 100.00 ea 100.00
Miscellaneous Services
Cylinder Pick-up No Charge
Mileage No Charge
Secretarial Services (Types reports, marl,postage, etc.) No Charge
Total Estimated Costs: $ 35,024.00
A four-hour minimum charge per call applies to all inspections. A premium rate of 1.5 times the regular will be charged
for all work outside of normal working hours in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays.
Payment is net 30 days. This estimate is valid for 90 days.
MAYES TESTING ENGINEERS, INC.
MAYES TESTING ENGINEERS, INC.
11 FEE SCHEDULE AND GENERAL CONDITIONS
Concrete Inspection (includes Reinforcing Steel, Concrete Placement, Shotcrete,
Augercast Grout, Grout, Batchplant) 60.00 /hour
Post Tension Concrete Inspection (includes placement and stressing) 60.00 /hour
Proprietary Anchor Inspection (includes Epoxy Grouted and Expansion Anchors) 60.00 /hour
Masonry Inspection (includes cmu and brick veneer) 60.00 /hour
Lateral Framing Inspection (includes wood and light gauge) 60.00 /hour
Seismic Resistance System Inspection 60.00 /hour
Fiber-Reinforced Polymer Inspection 60.00 /hour
Fireproofing Inspection 60.00 /hour
Intumescent Paint Inspection 65.00 /hour
Soils Technician (includes nuclear densometer) 67.00 /hour
Asphalt Technician (includes nuclear densometer) 67.00 /hour
Asphalt or Concrete Coring Technician 75.00 /hour
Laboratory Technician 75.00 /hour,
Lead Inspector 67.00 /hour
Structural Steel/Welding Inspection (includes bolting) 65.00 /hour
Non-Destructive Testing
Dye Penetrant Testing 70.00 /hour
Magnetic Particle Testing 70.00 /hour
Ultrasonic Testing 70.00 /hour
Concrete Testing
Air Dry Unit Weight Test 40.00 each
Concrete Absorption, Unit Weight and Moisture Content Test 45.00 each
Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (includes
curing, breaking& report) 22.00 each
Concrete Compressive High Strength Cylinder Test(over 10,000 psi) 30.00 each
Concrete Core Compressive Strength Test(includes trimming and testing) 66.00 each
Concrete Flexural Strength Beam Test 50.00 each
Concrete Shrinkage Test(ASTM C157-set of 3) 300.00 each
Length of Concrete Core Test (ASTM C174) 30.00 each
Mix Design 1 Point Verification & 3 Point Water Cement Curve quoted on request
Modulus of Elasticity Test 100.00 each
Shotcrete Panel Test (includes 4 cores) 140.00 each
Voids and Density of Hardened Concrete Test (ASTM C642) 75.00 each
Masonry Testing
Brick Absorption Test (24 hour soak) 45.00 each
Brick Absorption Test (5 hour boil) 70.00 each
Brick or Masonry Efflorescence Test (set of 5) 85.00 each
Brick or Concrete Paver Compression Test 45.00 each
Masonry Absorption, Unit Wt. And Moisture Content Test 45.00 each
Masonry Unit Compression Test 55.00 each
Masonry Drying Shrinkage Test(set of 3) 300,00 each
Masonry Grout or Mortar Compressive Stength Test 22.00 each
Masonry Prism Test(grouted or ungrouted) 110.00 each
Retaining Wall Unit Absorption Test 45.00 each
Retaining Wall Unit Compression Test 110.00 each
Asphalt Testing
Asphalt Marshall Mix Design Test(5 points) 3500.00 each
Asphalt Core Density Test 35.00 each
Asphalt Ignition & Gradation Test 250.00 each
Asphalt Marshall Set Test(flow, stability, voids) 440.00 each
Asphalt Oil Content Test 80.00 each
Asphalt Rice Density Test 100.00 each
Asphalt Stripping Test 30.00 each
Asphalt Superpave Set Test (VMA, VFA and VA) 550.00 each
Soils and Aggregate Testing
Atterberg Limits Tests 120.00 each
Liquid Limit Only Test 75.00 each
Plastic Limit Only Test 55.00 each
California Bearing Ratio Test (CBR-with proctor) 550.00 each
Clay Lumps and Friable Particles Test 90.00 each
Degradation Test 135.00 each
Flat and Elongated Particles Test 90.00 each
LA Abrasion Test 150.00 each
Lightweight Pieces in Aggregate Test(coal and lignite) 80.00 each
Organic Impurities Test 45.00 each
Organic Matter Analysis (loss on ignition by weight) 60,00 each
R-Value Test 325.00 each
Sand Equivalent Test 60.00 each
Sieve Analysis Test(dry only) 130.00 each
Sieve Analysis Test (includes particles finer than#200) 200.00 each
Sodium Sulfate Soundness Test 250.00 each
Soil Hydrometer Analysis 225,00 each
Soil Moisture Content Test(natural) 30.00 each
Soil Moisture Density Relationship Test(proctor) 200.00 each
Soil Relative Density Test 225.00 each
Soil Specific Gravity Test 85.00 each
Specific Gravities Coarse Aggregate Test 55.00 each
Specific Gravities Fine Aggregate Test 85.00 each
Unit Weight Test 45.00 each
Miscellaneous Testing
Fractured Face Count Test 75.00 each
Fiber-Reinforced Polymer Tensile Test (set of 5) 600.00 each
Fireproofing Density Test 80.00 each
Machining Tensile Test Cost+ 15%
Macroetch Test (evaluation only or sample preparation) 50.00 each
Moisture Emission Test Kits 30.00 each
Reduced Section Tensile Coupons Test 45.00 each
Reinforcing Steel#10-#18 Tensile Test 85.00 each
Reinforcing Steel#3 -#9 Tensile Test 60,00 each
Splitting Tensile Test 80.00 each
Stressing Strand Tensile Test (breaking strength only) 60.00 each
Tensile Test on Coupon Assembly (with slippage#3-#9) 80.00 each
Tensile Test on Coupon Assembly (with slippage#10-#18) 105.00 each
Universal Test Machine&Operator 125.00 /hour
Weld Fracture Test 80.00 each
NDE Level III Consultation 150.00 /hour
Principal Engineer 150.00 /hour
Staff Engineer 125.00 /hour
Engineering Technician 105.00 /hour
Project Manager 95.00 /hour
Floor Flatness Testing 125.00 /hour
Impact Echo Testing 125.00 /hour
Load Testing 125.00 /hour
Moisture Emissions Testing 125.00 /hour
Pachometer Testing 125.00 /hour
e
Mileage (charged only outside our regular service area) 0.65 /mile
Subsistence (lower 48 states) Federal GSA Rate
Reimbursable Expenses (commercial travel, rentals, consumables, etc.) Cost+ 15%
Subconsultants Cost+ 15%
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KENT Agenda Item: Consent Calendar - 7M
TO: City Council
DATE: April 5, 2011
SUBJECT: Amendment No. 2, Agreement with Gray & Osborne for 640
Zone Water Reservoir Construction Support Services -
Authorize
MOTION: Authorize the Mayor to sign Amendment No. 2 to the Consultant
Services Agreement with Gray & Osborne, Inc. in an amount not to exceed
$25,200, for the purpose of providing construction support for the 640 Zone Water
Reservoir Project, subject to final terms and conditions acceptable to the City
Attorney and the Public Works Director.
SUMMARY: The contract with Gray & Osborne, Inc. includes additional services
not identified in Amendment No. 1.
EXHIBITS: Public Works Memo dated 2/9/11 and Consultant Services Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Cost for this work has been budgeted as part of the 640 Zone
Water Reservoir Project and will be paid for out of the Water Utility Fund. The
reservoir and related improvements were included in the 2008 Water System Plan and
related water rates, which were adopted by Council in 2009.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 9, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: March 21, 2011
From: Ken Langholz, Engineering Supervisor
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Amendment No. 2/Gray & Osborne, Inc. - 640 Zone Water
Reservoir Project Support Services
Item - 4
Motion:
Move to recommend Council authorize the Mayor to sign Amendment No. 2
to the Consultant Services Agreement with Gray & Osborne, Inc. in an
amount not to exceed $25,200 for the purpose of providing construction
support for the 640 Zone Water Reservoir Project, subject to final terms
and conditions acceptable to the City Attorney and the Public Works
Director.
Summary:
Public Works Engineering contracted with Gray & Osborne, Inc. for the design of the
640 Zone Water Reservoir. As the engineer of record, Gray & Osborne, Inc. has
been involved in support of construction. Through the course of construction,
additional services have been identified that were not included in Amendment No. 1.
The current contract amount is $214,470. The contract amendment is $25,200 for a
revised contract total of $239,670.
In general, design and construction engineering services constitute 18 - 20% of
project costs for jobs of this size. The proposed contract amendment along with
engineering services provided by City staff (civil design and construction
management and inspection would bring the anticipated total for engineering
services to 18%. Construction of the project is roughly 50% complete and
underground work is largely completed, which reduces the chance for future change
orders.
Budget Impact:
Costs for this work have been budgeted as part of the 640 Zone Water Reservoir
project and will be paid out of the Water Fund. The reservoir and related
improvements were included in the 2008 Water System Plan and the water rates
adopted by Council in 2009.
KENT
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: Gray & Osborne, Inc.
CONTRACT NAME & PROJECT NUMBER: 640 Zone Reservoir
ORIGINAL AGREEMENT DATE: December 11, 2009
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor's work is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
Provide additional design and construction services for the 640
Zone Reservoir, as well as a grounding plan recommendation
for the Blue Boy Reservoir. For a description, see the
Consultant's March 10, 2011 Scope of Work which is attached
as Exhibit A and incorporated by this reference.
2. The contract amount and time. for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are modified as follows:
Original Contract Sum, $131,970.00
including applicable WSST
Net Change by Previous Amendments $82,500.00
including applicable WSST
Current Contract Amount $214,470.00
including all previous amendments
Current Amendment Sum $25,200.00
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $239,670.00
AMENDMENT - 1 OF 2
Original Time for Completion 12/31/10
(insert date)
Revised Time for Completion under 12/31/11
prior Amendments
(insert date)
Add'I Days Required (f) for this 0 calendar days
Amendment
Revised Time for Completion 12/31/11
(insert date)
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it ma,y have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title) (title)
DATE: DATE:
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
Gray&Osbome-630 Zone Amd 2/0 9ho11,
AMENDMENT - 2 OF 2
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EXHIBIT A
March 10,2011
Mr, Chad Bieren, P.E.
Assistant Public Works Director
City of Kent
400 West Gowe Street
Kent, Washington 98032
SUBJECT: PROPOSAL FOR ADDITIONAL ENGINEERING SERVICES,
640 ZONE RESERVOIR CONTRACT AMENDMENT NO. 2
CITY OF KENT, KING COUNTY, WASHINGTON
G&O#09578,00
Dear Mr. Bieren:
As you are aware, Gray& Osborne is currently under contract to provide construction
support services for the 640 Zone Reservoir. During the course of construction,our firm
has been asked to provide support services in addition to those defined in Contract
Amendment No. 1 dated September 20,2010. These services are described below:
® Gray&Osborne will provide a revised drain design at the City's request
and in response to on-site construction issues.
® Gray& Osborne will provide a revised.power service design at the City's
request.
M Gray&Osborne will provide an on-site review of interior ring wall soil
conditions and fill recommendations at the request of the City.
® Gray&Osborne will provide a preliminary design for a reservoir mixer
with a recommendation for conductor and accessory installation. It is
anticipated that the mixer installation will be in the future.
The not-to-exceed cost for the additional engineering services is$22,000. A copy of the
tasks, costs, and hours is attached. With this amendment, Gray& Osborne's total
contract fees for the 640 Zone Reservoir are$236,470 including$154,403 for design.
The estimated construction cost is$4 million. The total engineering contract amount for
both design and construction support is approximately 6 percent of the construction cost.
All, Dexfoi ✓a gntw N., L11.1e 200
Mr. Chad Bieren, P.E.
March 10,2011
Page 2
ADDITIONAL,ENGINEERING SERVICES
Gray & Osborne will also provide a grounding plan recommendation for the Blue Boy
Reservoir including a site visit and recommendation. This work is at the request of the
City for issues that arose during the construction of improvements to the Blue Boy
Reservoir under a separate contract with a different contractor, In addition to the
grounding recommendation,Gray&Osborne will also perform a structural analysis of the
existing reservoir to determine if some deformation discovered in the field was of
concern.
The not-to-exceed cost of the work for the Blue Boy Reservoir is $3,200. A copy of
tasks,costs, and hours is attached.
The total not-to-exceed cost for Contract Amendment No. 2, including the additional
construction support for the 640 Zone Reservoir and work at the Blue Boy Reservoir, is
$25,200.
Please contact the undersigned if you have questions.
Very truly yours,
GRAY & OSB- RNE iNC.
r
Russell Porter, P.E.
RLP/hhj
Encl.
cc: Mr. Ken Langholz,Design Engineering Supervisor,City of Kent
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KENT Agenda Item: Consent Calendar - 7N
TO: City Council
DATE: April 5, 2011
SUBJECT: Mill Creek Confluence/Green River Restoration Design Project
Grant Agreement - Authorize
MOTION: Authorize the Mayor to sign the Salmon Project Funding
Agreement in an amount not to exceed $200,000, direct staff to accept the grant
and establish a budget for the funds to be spent within the Mill Creek Confluence/
Green River Restoration Design project, subject to final terms and conditions
acceptable to the City Attorney and the Public Works Director.
SUMMARY: The Mill Creek Confluence/Green River Restoration project was
previously funded by the Salmon Recovery Funding Board (SRFB) for a Feasibility
Study and 30% Design, which were completed in 2009. This grant agreement is for
Final Design and permitting of the project.
The 8.6 acre site is owned by the City and is also known as the Leber Homestead.
EXHIBITS: Public Works Memo dated 3/1/11 and Salmon Project Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: The Salmon Recovery Funding Board (SRFB) agreement
provides $200,000 for final design and permitting of the Mill Creek Confluence/Green
River Restoration project, with no matching funds required from the City.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 1, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: March 21, 2011
From: Mike Mactutis, Environmental Engineering Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Grant/Mill Creek Confluence/Green River Restoration
Design Project
Item - 5
Motion:
Move to recommend Council authorize the Mayor to sign the Salmon Project
Funding Agreement in the amount of $200,000.00, direct staff to accept the
grant and establish a budget for the funds to be spent within the Mill Creek
Confluence/Green River Restoration Design project subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
Summary:
The Mill Creek Confluence/Green River Restoration project was previously funded by
the Salmon Recovery Funding Board (SRFB) for a Feasibility Study and 30% Design,
which were completed in 2009. This grant agreement in the amount of $200,000 is
for Final Design and permitting of the project. The restoration project will create
off-channel habitat in the Green River near the confluence of Mill Creek, will increase
floodplain refuge habitat for Chinook and other salmonids, enhance riparian habitat,
and restore floodplain functions. The 8.6 acre site is owned by the City and is also
known as the Leber Homestead.
Budget Impact:
The SRFB grant agreement provides $200,000 for final design and permitting of the
Mill Creek Confluence/Green River Restoration project, with no matching funds
required from the City.
-h� WASHINGTON STATE
Recreation and
r Conservation Office Salmon Project Agreement
Salmon Funding Accounts
Project Sponsor: Kent City of Project Number:10-1125P
Project Title: Mill Creek Conf./Green River Design Approval Date:12/10/2010
A. PARTIES OF THE AGREEMENT
This project grant agreement(agreement)is entered into between the State of Washington by and through the
Salmon Recovery Funding Board(SRFB),P.O.Box 40917,Olympia,Washington 98504-0917 and City of Kent
(sponsor),220 Fourth Ave S,Kent,WA 98032-5895 and shall be binding on the agents and all persons acting by or
through the parties.
B. PURPOSE OF AGREEMENT
This agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the
State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for
the project named above.
C. DESCRIPTION OF PROJECT
The subject project is described on the attached project summary.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 10,2010 and end on June 10,2012. No expenditure
made before or after this period is eligible for reimbursement unless incorporated by written amendment into this
agreement or specifically provided for by funding board/office policy.
Requests for time extensions are to be made at least 60 days before the agreement end date. If a request for a time
extension is not made at least 60 days before the agreement end date,the request may be denied.If the request is
made after the agreement end date,the time extension will be denied.
E. ON-GOING OBLIGATION
The Project Sponsors on-going obligation for the project shall be the same as the Period of Performance period
identified in Section D.
F. PROJECT FUNDING
The total grant award provided by the funding board/office for this project shall not exceed$200,000.00. The funding
board/office shall not pay any amount beyond that approved for funding of the project. The sponsor shall be
responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this
project at a minimum shall be as indicated below:
Percentage DoilarAmount
SRFB-Salmon Federal Projects 100.00% $200,000.00
Project Sponsor 0.00% $0.00
Total Project Cost 100,00% $200,000.00
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this agreement are subject to this agreement and its attachments,as now
existing or hereafter amended,including the sponsor's application,project summary,eligible scope activities,and
project milestones,all of which are incorporated herein.
Except as provided herein,no amendment/deletions of any of the terms or conditions of this agreement will be
effective unless provided in writing. All such amendmentideletions except those concerning the period of
performance,must be signed by both parties. Period of performance extensions need only be signed by RCO's
director or designee.
The sponsor has read,fully understands,and agrees to be bound by all terms and conditions as set forth in these
documents.
H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES
This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and
regulations,including Chapter 77.85 RCW,Chapter 420 WAC,and published agency policies,which are incorporated
herein by this reference as if fully set forth.
Salmon Project Agreement-RICO#10-1125P Salmon Funding Accounts
Chapter 77.85 RCW,Chapter 420 WAC Page 1 of 14
PROJAGR.RPT
I. SPECIAL CONDITIONS
This project is conditioned to meet the following design criteria, per SRFB Policy Manual#18,
March 2010,Appendix D:
Final Project Design
The final design process must address and resolve all substantial issues that may have been
raised in the permitting and stakeholder review process, so that all stakeholders agree on the
final plans.As with the preliminary design work, preparation of the final design must be done
under the supervision of a licensed professional engineer. (For certain projects,where liability
concerns are minimal, a licensed professional engineer may not be required. Consult RCO staff
if you are NOT planning to use a licensed professional engineer.)
Final design tasks include the following:
1. Revision of preliminary design drawings
2. Preparation of additional detailed drawings as needed to clarify the design of specific
work items
3. Preparation of technical specifications to fully describe each part of the work
4. Preparation of a final construction cost estimate
5. Preparation of contract bidding documents and general contract conditions
Final project design concludes with a comprehensive and detailed set of project drawings,
technical specifications, and contract documents(if the project is to be advertised for contractor
bidding).An"engineer's estimate"of construction cost must also be prepared by the designer,
for comparison with estimates provided by general contractors(bids).
I
J. FEDERAL FUND INFORMATION
A portion or all of the funds for this project are provided through a federal funding source.
Funds provided from the US Dept of Commerce must be reported under CFDA#11.438-Salmon Restoration and
Award Number NA10NMF4380435 for federal fiscal year 2010.
If the sponsor's total federal expenditures are$500,000.00 or more during the sponsor's fiscal-year,the sponsor is
required to have a federal single audit conducted for that year in compliance with Office of Management and Budget
Circular A-133. A copy of the final audit report must be provided to RCO within nine months of the end of the sponsor'
s fiscal year,unless a longer period is agreed to in advance by the cognizant or oversight agency.
Failure to provide required A-133 audits will lead to a suspension of payments and may lead to a suspension of RCO
agreements.
K. PROJECT AGREEMENT REPRESENTATIVE
All written communications sent to the sponsor under this agreement will be addressed and delivered to:
Protect Contact SRFEI
Name: Michael Mactutis Recreation and Conservation Office
Title: Environmental Engineering Mgr Natural Resources Building
Address: 220 Fourth Ave S PO Box 40917
Kent,WA 98032-5895 Olympia,Washington 98504-0917
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIREAGREEMENT
This agreement,with all amendments and attachments,constitutes the entire agreement of the parties. No other
understandings,oral or otherwise,regarding this agreement shall exist or bind any of the parties.
M. EFFECTIVE DATE
This agreement,for project 10-1125P,shall be effective on signing by all parties. Reimbursements for eligible and
allowable costs incurred prior to the effective date and those costs incurred within the period of performance are
allowed only when this agreement is signed by all parties and an original is received by RCO. The period of
performance is identified in section D.
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The signators listed below represent and warrant their authority to bind the parties to this agreement.
City of Kent
By: Date:
Name: (printed)
Title:
State of Washington
On behalf of the Salmon Recovery Funding Board(SRFB)
By: Date:
Kaleen Cottingham
Director, Recreation and Conservation Office
Pre-approved as to form:
By: /s/ Date: April 1,2009
Assistant Attorney General
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(+„ WASHINGTON STATE
Recreation and
Conservation Office Standard Terms and Conditions
of the Project Agreement
Project Sponsor: Kent City of Project Number:10-1125P I
Project Title: Mill Creek Conf./Green River Design Approval Date:12/10/2010
SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version at the date of project agreement and/or any revisions in
the future.
B. Headings used in this agreement are for reference purposes only and shall not be considered a substantive part of this
agreement.
C. Definitions.As used throughout this agreement,the following terms shall have the meaning set forth below:
acquisition-The gaining of rights of ownership by purchase,negotiation,or other means,of fee or less than fee interests in real
property.
agreement-The accord accepted by all parties to the present transaction;this agreement,any supplemental agreements,any
amendments to this agreement and any intergovernmental agreements.
applicant-Any agency or organization that meets the qualifying standards,including deadlines,for submission of an application
soliciting a grant of funds from the funding board.
application-The forms and support documents approved by the funding board or its director for use by applicants in soliciting
project funds administered by RCO.
asset-Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this agreement.This
definition is restricted to non-fixed assets,inducing but not limited to vehicles,computers or machinery.
cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements.
contractor-Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this
project under a separate agreement with the sponsor.The term"contractor"and"contractors"means contractor(s)in any tier.
corporate sponsor-Any corporate form of business,including nonprofit organizations,under RCW 23,23B and 24.
development/renovation-Construction of or improvement of site or site facilities.
director-The chief executive officer of the Recreation and Conservation Office or that person's designee.
funding board-The board that authorized the funds in this agreement,either the Recreation and Conservation Funding Board
(RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter
77.85.110 RCW.
landowner agreement-A landowner agreement is required between a sponsor and landowner for projects located on land not
owned,or otherwise controlled,by the sponsor.
milestone-An important event with a defined deadline for an activity related to implementation of a funded project.
period of performance-The time period specified in the agreement,under Section D,period of performance.
post evaluation summary-One of the documents used to summarize and describe the actions undertaken in the agreement.
project-The undertaking that is the subject of this agreement and that is,or may be,funded in whole or in part with funds
administered by RCO on behalf of the funding board.
RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and
Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters
79A.25.110 and 79A.25.150 RCW and charged with administering this agreement by Chapters 77.85.110 and 79A.25.240 RCW.
reimbursement-Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the
agreement.
restoration/enhancement-Bringing a site back to its original function as part of a natural ecosystem or improving the ecological
functionality of a site.
scope items-Components defined as part of the scope of work,see Section 26 B.
sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed agreement;includes its
officers,employees,agents and successors.
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor shall undertake the project as described in this agreement,post evaluation summary,the sponsor's application,and in
accordance with the sponsors proposed scope described in the application or documents submitted with the application,all as finally
approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein.The Order of
Precedence is covered in Section 34.
Timely completion of the project is important.Failure to meet critical milestones or complete the project,as set out in this agreement,
is a material breach of the agreement.
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SECTION 3. ASSIGNMENT
Neither this agreement,nor any claim arising under this agreement,shall be transferred or assigned by the sponsor without prior
written consent of the funding board.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this agreement,the project
itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,or to any third
party,other than as is expressly set out in this agreement.The responsibility for the implementation of the project,is solely that of the
sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the project.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law,the sponsor expressly agrees to and shall indemnify,defend and hold harmless the State
and its agencies,officials,agents and employees from and against all claims,actions,costs,damages,or expenses of any nature
arising out of or incident to the sponsor's or any contractor's performance or failure to perform the agreement.Sponsor's obligation to
indemnify,defend and hold harmless also includes any claim by sponsor's agents,employees,representatives or any contractor or its
employees.Sponsor's obligation to defend includes payment of any costs or attorneys'fees.
Sponsor's obligation shall not include such claims that may be caused by the sole negligence of RCO,its officials,agents,and
employees. If the claims or damages are caused by or result from the concurrent negligence of(a)RCO,its agents or employees and
(b)the sponsor,its contractors,agents,or employees,this indemnity provision shall be valid and enforceable only to the extent of the
negligence of the sponsor or its contractors,agents,or employees.The sponsor expressly agrees to waive his/her immunity under
Title 51 RCW to the extent required to indemnify,defend,and hold harmless the State and its agencies,officials,agents or
employees.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this agreement are not officers,employees or agents of the funding board
or RCO.The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,a funding board or of the state of
Washington,nor will the sponsor make any claim of right,privilege or benefit which would accrue to an employee under Chapters
41.06 or 28B RCW.
The sponsor is responsible for withholding and/or paying employment taxes,insurance,or deductions of any kind required by federal,
state,and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal,RCO may,in its sole discretion,by written notice to
the sponsor terminate this agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act,Chapter 42.52 RCW;or any similar statute involving the sponsor in the procurement of,or performance under,this
agreement.
In the event this agreement is terminated as provided above,RCO shall be entitled to pursue the same remedies against the sponsor
as it could pursue in the event of a breach of the agreement by the sponsor.The rights and remedies of RCO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
SECTION& ACKNOWLEDGMENT AND SIGNS
A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to
this project in any release or other publication developed or modified for,or referring to,the project.
B. Signs.The sponsor also shall post signs or other appropriate media at project entrances and other locations on the project which
acknowledge the applicable grant program's funding contribution,unless exempted in funding board policy or waived by the
director.
C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies.
D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other
documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly
state:
1. The percentage of the total costs of the project that is financed with federal money;
2. The dollar amount of federal funds for the project;and
3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources.
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SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the agreement in accordance with applicable federal,state,and local laws,regulations and RCO and
funding board policies.
The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and
local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage;
Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances,
Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health Administration/washington
Industrial Safety and Health Act);and Buy American Act.
Endangered Species
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence
with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203(b)(8),limit 8 or until an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this
requirement may be grounds for terminating this project agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
Nondiscrimination Laws
The sponsor shall comply with all applicable federal,state,and local nondiscrimination laws and/or policies,including but not limited
to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act. In the event of the sponsor's noncompliance or
refusal to comply with any nondiscrimination law or policy,the agreement may be rescinded,cancelled,or terminated in whole or in
part,and the sponsor may be declared ineligible for further grant awards from the funding board,The sponsor is responsible for any
and all costs or liability arising from the sponsor's failure to so comply with applicable law.
Prevailing Wage
The sponsor agrees to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the performance of any part
of this contract when required by state law to do so,and to comply with the provisions of the Davis-Bacon Act,other federal laws and
Chapter 39.12 RCW,as amended,and the rules and regulations of the Department of Labor and Industries.
Restrictions on Grant Use
No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,pamphlet,booklet,publication,radio,
television,or video presentation designed to support or defeat legislation pending before the U.S.Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such
sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any state
legislature.
SECTION 10. ARCHAEOLOGICAL AND CULTURAL RESOURCES
The real property acquired,developed,renovated,or restored through this grant is subject to Governor's Executive Order(EO)05-05
or compliance with Section 106 of the National Historic Preservation Act concerning the review,analysis,and consultation with the
Washington State Department of Archaeology and Historic Preservation and affected Tribes for archaeological and cultural resources.
The funding board requires documented compliance with EO 05-05 or Section 106 of the National Historic Preservation Act,
whichever is applicable to the project. In the event that a federal agency declines to consult,the sponsor shall comply with EO 05-05.
The sponsor must comply with EO 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. RCO will
issue a notice to proceed(if applicable)when appropriate documentation has been received. RCO will not reimburse for construction
related activity until the sponsor demonstrates compliance.
In the event that archaeological or historic materials are discovered during project activities,work in the location of discovery and
immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes'
cultural staff and cultural committees,RCO,and the State Department of Archaeology and Historic Preservation. In the event that
human remains are discovered during project activity,work in the location of discovery and immediate vicinity must stop instantly,the
area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee,RCO,State
Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50.
SECTION 11. HAZARDOUS SUBSTANCES
A. Definition."Hazardous substance,'as defined in Chapter 70.105D.020(11)RCW,means:
1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5)and(6)RCW,or any dangerous or
extremely hazardous waste designated by rule pursuant to Chapter 70.105 RCW;
2. Any hazardous substance as defined in Chapter 70.105.010(14)RCW or any hazardous substance as defined by rule
pursuant to Chapter 70.105.RCW;
3. Any substance that,on March 1,198%is a hazardous substance under section 101(14)of the federal cleanup law,42
U.S.C.Sec.9601(14);
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4. Petroleum or petroleum products;and
5. Any substance or category of substances,including solid waste decomposition products,determined by the director[or
director's designee]of the department of ecology by rule to present a threat to human health or the environment if released
into the environment.
6. The term hazardous substance does not include any of the following when contained in an underground storage tank from
which there is not a release:Crude oil or any fraction thereof or petroleum,if the tank is in compliance with all applicable
federal,state,and local law.
B. Certification.The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the
presence of hazardous substances and certify:
1. No hazardous substances were found on the site,or
2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws,and the site deemed"clean."
C. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in
Chapter 70.105D RCW.
D. Hold Harmless.The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents,from
and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of
any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous
substances on the property being acquired.
SECTION 12. RECORDS MAINTENANCE
The sponsor shall maintain books,records,documents,data and other evidence relating to this agreement and performance of the
services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all
direct and indirect costs of any nature expended in the performance of this agreement.Sponsor shall retain such records for a period
of six years from the date RCO closes the project. At no additional cost,these records,including materials generated under the
agreement,shall be subject at all reasonable times to inspection,review or audit by RCO,personnel duly authorized by RCO,the
Office of the State Auditor,and federal and state officials so authorized by law,regulation or agreement.
If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,
claims,or audit findings involving the records have been resolved.
SECTION 13. PUBLIC RECORDS
Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this agreement shall be a public record as
defined in chapter 42.56 RCW. Additionally,in compliance with RCW 77.85.130(8),sponsor agrees to disclose any information in
regards to expenditure of any funding received from the funding board.
SECTION 14. ACCESS TO DATA
In compliance with chapter 39.29 RCW,the sponsor shall provide access,when requested,to data generated under this agreement
to RCO,the Joint Legislative Audit and Review Committee,and the State Auditor at no additional cost.This includes access to all
information that supports the findings,conclusions,and recommendations of the sponsor's reports,including computer models and
methodology for those models.
SECTION 16. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the
sponsor discontinues use of the asset(s)for the purpose for which it was funded,RCO will require the sponsor to deliver the
asset(s)to RCO,dispose of the asset according to RCO policies,or return the fair market value of the asset(s)to RCO.Assets
shall be used only for the purpose of this agreement,unless otherwise provided herein or approved by RCO in writing.
B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
SECTION 16. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to RCO,or any of its officers,or to any other authorized agent or official of the
state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance,
and/or quality assurance under this agreement.
If a landowner agreement has been executed,it will further stipulate and define the funding board and RCO's right to inspect and
access lands acquired or developed with funding board assistance.
SECTION 17. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or
RCO.Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the
funding board.
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SECTION 18. DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS
"Lower tier participants"refer to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee,
subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by RCO. In this section,the sponsor certifies
to RCO that neither they nor their subgrantees are suspended or debarred. Any grantee,subgrantee,or contractor of any grantee or
subgrantee from the original sponsor certifies to the sponsor directly.
For any federally funded projects,sponsors are required to follow any federal requirements. Furthermore any federal funding
requirements will be passed on to any other entity to whom the sponsor passes funds(also referred to as a lower tier participant).
The sponsor(prospective lower tier participant)certifies,by signing this agreement,that neither it nor its principals nor any other lower
tier participants are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this transaction by any Federal department or agency. The sponsor(prospective lower tier participant)shall provide
immediate written notice to RCO if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
Should the prospective lower tier participant enter into a covered transaction with another person at the next lower tier,the sponsor
(prospective lower tier participant)agrees by signing this agreement that it will verify that the person with whom it or its lower tier j
participant intends to do business is not excluded or disqualified. The sponsor(prospective lower tier participant)will do this by:
A. Checking the federal Excluded Parties List System (www.epls.gov)for that person;or
B. Collecting a certification from that person;or
C. Adding a clause or condition to the covered transaction with that person.
The sponsor(prospective lower tier participant)agrees by signing this agreement that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this
covered transaction,unless authorized by the department or agency with which this transaction originated. A participant in a covered
transaction tray rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,
suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.
SECTION 19. PROJECTFUNDING
A. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this
agreement,unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into this agreement.
B. Before the Agreement.No expenditure made,or obligation incurred,by the sponsor before the effective date of this agreement
shall be eligible for grant funds,in whole or in part,unless specifically provided for by funding board policy,such as a waiver of
retroactivity or program specific eligible pre-agreement costs.The dollar amounts identified in this agreement may be reduced as
necessary to exclude any such expenditure from reimbursement.
C. After the period of performance.No expenditure made,or obligation incurred,following the period of performance shall be
eligible,in whole or in part,for grant funds hereunder.In addition to any remedy the funding board may have under this
agreement,the grant amounts identified in this agreement shall be reduced to exclude any such expenditure from participation.
SECTION 20. PROJECT REIMBURSEMENTS
A. Sponsors may only request reimbursement after eligible and allowable costs have already been paid and remitted to their
vendors.
B, Compliance and Payment.The obligation of RCO to pay any amount(s)under this agreement is expressly conditioned on strict
compliance with the terms of this agreement by the sponsor.
C. Compliance and Retainage.RCO reserves the right to withhold disbursement of the final ten percent(10%)of the total amount of
the grant to the sponsor until the project has been completed.A project is considered"complete"when:
1. All approved or required activities outlined in the agreement are done;
2. On-site signs are in place(if applicable),
3. A final project report is submitted to RCO;
4. Any other required documents are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed;and
8. Fiscal transactions are complete.
D. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly.
Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30. Sponsors must refer to current RCO policies and procedures
regarding reimbursement requirements.
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SECTION 21, ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this agreement are limited to grants approved by
the SRFB and must comply with SRFB policy. See WAG 420-12-060(5).
SECTION 22. RECOVERY OF PAYMENTS
In the event that the sponsor fails to expend funds under this agreement in accordance with state and federal laws,and/or the
provisions of the agreement,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of
noncompliance in addition to any other remedies available at law or in equity.
The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the agreement.Repayment by the
sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO.Interest shall accrue at the rate of
twelve percent(12%)per annum from the time that payment becomes due and owing.
SECTION 23. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this agreement on an
agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business.RCO shall have the right,in the event of breach
of this clause by the sponsor,to terminate this agreement without liability or,in its discretion,to deduct from the agreement grant
amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee.
SECTION 24. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this agreement is for development/restoration of land or
facilities for outdoor recreation,habitat conservation,or salmon recovery:
A. Document Review and Approval.The sponsor agrees to submit one copy of all development/restoration or construction plans and
specifications to RCO for review.Review and approval by RCO will be for compliance with the terms of this agreement.
B. Contracts for Development or Restoration.Sponsor shall award all contracts for construction,development or restoration using
whatever method is appropriate and required for the sponsor.
C, Contract Change Order.Only change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval.
D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(land owner agreement,long term
lease agreement,easement,or fee simple ownership)for the land proposed for development or restoration. The documentation
must meet current RCO requirements.
E. Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project:
"During the performance of this contract,the contractor agrees to comply with all
federal and state nondiscrimination laws,regulations and policies."
F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of
the Washington State Aquatic Habitat Guidelines(AHG)Program.The best management practices are described in three
documents:"Stream Habitat Restoration Guidelines:Final Draft",2004;"Design of Road Culverts for Fish Passage",2003;and
"Integrated Streambank Protection Guidelines",2002.These documents and other information can be found on the AHG website.
SECTION 25. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this agreement is for the acquisition of interest in real property
(including easements)for outdoor recreation,habitat conservation,or salmon recovery purposes:
A. Evidence of Land Value.Before disbursement of funds by RCO as provided under this agreement,the sponsor agrees to supply
evidence to RCO that the cost of the property rights acquired has been established according to funding board policy.
B. Evidence of Title.The sponsor agrees to show the type of ownership interest for the property that has been acquired.This shall
be done before any payment of financial assistance.
C, Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding
assistance provided through this project agreement(and protected by a recorded conveyance of rights to the State of
Washington)shall be incorporated into the agreement before final payment.
D. Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real
property rights(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document
conveying certain rights and responsibilities to RCO,on behalf of the State of Washington. These documents include a Deed of
Right,Assignment of Rights,Easements and Leases. The sponsor agrees to use document language provided by RCO,to
record the executed document in the County where the real property lies,and to provide a copy of the recorded document to
RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not
those rights are being acquired in perpetuity.
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1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or
use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
sponsor has acquired a perpetual easement for public purposes.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will
depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
E. Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat.1894(1970)—Public Law 91-646,as
amended by the Surface Transportation and Uniform Relocation Assistance Act,PL 100-17-1987,and applicable regulations
and procedures of the federal agency implementing that Act.
2. When state funds are part of this agreement,the sponsor,if required by law,agrees to comply with the terms and conditions
of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8.26.010
RCW,and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs,as required by federal law set out in subsection(1)
above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to
provide any housing and relocation assistance required.
F, Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery.
Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 10-
Archaeological and Cultural Resources before structures are removed or demolished.
G. Archaeological and Cultural Resources. The sponsor agrees that any real property interests acquired under this agreement,if to
be developed in the future,is subject to section 10(Archaeological and Cultural Resources)prior to any ground disturbing
activity.
SECTION 26. RESTRICTION ON CONVERSION OF REAL PROPERTYAND/OR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property or facility acquired,developed,and/or restored pursuant to this agreement
to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with
applicable statutes,rules,and funding board policies. It is the intent of the funding board's conversion policy,current or as amended
in the future,that all real property or facilities acquired,developed and/or restored with funding assistance remain in the public domain
in perpetuity unless otherwise identified in the agreement or as approved by the funding board.
When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding
board policies.
A. A conversion occurs when one or more of the following has taken place,whether affecting an entire site or any portion of a site
funded by the funding boards.
1. Conveyance. Property interests are conveyed for purposes inconsistent with the original grant request..
2. Conveyance to Ineligible Third Party. Property interests are conveyed to a third party not otherwise eligible to receive grants
in the program from which funding was derived.
3. Non-eligible Uses. A use occurs that is inconsistent with the original grant request.
4. Non-eligible Facilities.Non-eligible facilities are developed within the project area.
5. Termination of Public Use. When public use,as described in the original grant request,is temporarily or permanently
terminated or excluded.
6. Environmental Functions. For habitat projects,if the property acquired,restored or enhanced no longer provides the
environmental functions for which funding board grants were originally approved.
Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts
Chapter 77.85 RCW,Chapter 420 WAC Page 10 of 14
PROJAGR.RPT
B. Changing a project's scope items. When approved by the funding board or director,certain scope items may be changed from
the sponsor's obligation in the agreement without being considered a conversion. In the following instances the board may
authorize changes without invoking the requirement to replace the scope items.Such changes are allowed when the funding
board or director determines that the scope items are not needed or cannot be retained due to one or more of the following
conditions:
1. Obsolescence
2. Extraordinary vandalism
3. Acts of Nature
4. Designed life expectancy reached
5. Fire
6. Permit requirements that disallow specific elements
7. Reversion Order(National Trails System Act 8(d), 16 U.S.C.§1247(d);WAC 286-27-060(2)).
SECTION 27. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS
Sponsors must ensure that properties or facilities assisted with funding board funds,including undeveloped sites,are built,operated,
used,and maintained:
A. According to applicable federal,state,and local laws and regulations,including public health standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws,regulations and policies.
Facilities open to the public must:
A. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes,Uniform
Federal Accessibility Standards,guidelines,or rules,including but not limited to:the International Building Code,the Americans
with Disabilities Act,and the Architectural Barriers Act,as updated.
B. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods.
C. Be available for use at reasonable hours and times of the year,according to the type of area or facility.
SECTION 28. INCOME AND INCOME USE
A. Income.
1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the
funding source and the agreement.
2. Fees.User and/or other fees may be charged in connection with land acquired or facilities developed with funding board
grants if the fees are consistent with the:
(a) Value of any service(s)furnished;
(b) Value of any opportunities furnished;and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)for which a
facility/range fee must not be charged(Chapter 79A.25.210 RCW).
B. Income use. Regardless of whether income or fees in a project work site(including entrance,utility corridor permit,cattle grazing,
timber harvesting,farming,etc.)are gained during or after the reimbursement period cited in the agreement,unless precluded by
state or federal law,the revenue may only be used to offset:
1. The sponsor's matching funds;
2. The project's total cost;
3. The expense of operation,maintenance,stewardship,monitoring,and/or repair of the facility or program assisted by the
funding board grant;
4. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's
system;and/or
5. Capital expenses for similar acquisition and/or development.
SECTION 29. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential
reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained
on the basis of residence.Even so,the funding board discourages the imposition of differential fees.Fees for nonresidents must not
exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident
fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities.
Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts
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SECTION 30. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS
A corporate sponsor,including any nonprofit sponsor,shall:
A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the
sponsor's obligation to the project as identified in the agreement.
B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to assume any ongoing project responsibilities.A qualified successor is any party eligible to apply for funds in
the subject grant program and capable of complying with the terms and conditions of this agreement.RCO will process an
amendment transferring the sponsor's obligation to the qualified successor if requirements are met.
C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only).
SECTION 31. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A. The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability
insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer
damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that
facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person.
B. The liability insurance policy,including any endorsement or addition,shall name Washington State,the funding board,and RCO
as additional insured and shall be in a form approved by the funding board or director.
C. The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be
kept in force throughout the sponsor's obligation to the project as identified in this agreement.
D. The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to
RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10)
calendar days following any termination of the policy by the sponsor.
E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government
which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or
activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that
program or policy as a part of its application to the funding board.
F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury,
or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates.
Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or
others,for any and all remedies that may be available by law.
SECTION 32. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal
Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program
Federal Financial Assistance Manual are also made part of this agreement. The sponsor shall abide by these LWCF General
Provisions as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO with reports or documents
needed to meet the requirements of the LWCF General Provisions.
SECTION 33. FARMLAND PRESERVATION ACCOUNT
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections
will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
• Section 8-Acknowledgement and Signs,
• Section 11 -Hazardous Substances,
• Section 17-Stewardship and Monitoring
• Section 26-Restriction on Conversion of Real Property and/or Facilities to Other Uses,and
• Section 25-Provisions Applying to Acquisition Projects Sub-sections D,E,F and G.
SECTION 34. ORDER OF PRECEDENCE
This agreement is entered into,pursuant to,and under the authority granted by applicable federal and stale laws.The provisions of
the agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this agreement,or
between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in
the following order:
A. Applicable federal and/or state statutes,regulations,policies and procedures including RCO/funding board policies and
procedures,applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders;
B. Project agreement including attachments;
C. Special Conditions;
D. Standard Terms and Conditions of the Project Agreement.
Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts
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PROJAGRAPT
SECTION 36. AMENDMENTS
This agreement may be amended by mutual agreement of the parties only.Such amendments shall not be binding unless they are in
writing and signed by personnel authorized to bind each of the parties. Period of performance extensions and minor scope
adjustments need only be signed by RCO's director or designee.
SECTION 36. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority
to alter,amend,modify,or waive any clause or condition of this agreement.Furthermore,any alteration,amendment,modification,or
waiver of any clause or condition of this agreement is not effective or binding unless made in writing and signed by RCO.
SECTION 37. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the
agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the
original agreement.
SECTION 38. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH
The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope
of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this
agreement.
SECTION 39. TERMINATION AND OTHER REMEDIES
The funding board and RCO will require strict compliance by the sponsor with all the terms of this agreement including,but not limited
to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the
sponsor in its application for a grant as finally approved by the funding board.
The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this agreement:
A. In the event of any breach by the sponsor of any of the sponsor's obligations under this agreement;or
B. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this agreement. Included in progress is adherence to milestones and other defined deadlines.
In the event this agreement is terminated by the funding board or director,under this section or any other section after any portion of
the grant amount has been paid to the sponsor under this agreement,the funding board or director may require that any amount paid
be repaid to RCO for redeposit into the account from which the funds were derived.
The funding board and RCO may enforce this agreement by the remedy of specific performance,which usually will mean completion
of the project as described in this agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO.No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect
to exercise any,a combination of,or all of the remedies available to it under this agreement,or under any provision of law,common
law,or equity.
SECTION 40. NON-AVAILABILITY OF FUNDS
If amounts sufficient to fund the grant made under this agreement are not appropriated by the Washington State Legislature,or if such
funds are not allocated by the Washington State Office of Financial Management(OFM)to RCO for expenditure for this agreement in
any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary
action by the Legislature or OFM occurs.If RCO participation is suspended under this section for a continuous period of one year,
RCO's obligation to provide any future funding under this agreement shall terminate.Termination of the agreement under this section
is not subject to appeal by the sponsor.
SECTION 41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this agreement,RCO may,by ten(10)days written notice,beginning on the second day after the
mailing,terminate this agreement,in whole or in part. If this agreement is so terminated,RCO shall be liable only for payment
required under the terms of this agreement for services rendered or goods delivered prior to the effective date of termination.
Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts
Chapter 77.85 RCW,Chapter 420 WAC Page 13 of 14
PROJAGR.RPT
I,
i
SECTION 42. DISPUTE HEARING
Except as may otherwise be provided in this agreement,when a dispute arises between the sponsor and the funding board,which
cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request
for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties; '....
C. The sponsor's name,address,project title,and the assigned project number. '..
In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the j
procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons
consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons
initially appointed. If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair.
Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the
nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The
disputes panel shall be governed by the provisions of this agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the
authority of either or both parties to perform,as necessary,or is otherwise unlawful
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be
delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other
party which it wishes to dispute.The written agreement to use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 43. ATTORNEYS'FEES
In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs.
SECTION 44. GOVERNING LAWNENUE
This agreement shall be construed and interpreted in accordance with the laws of the State of Washington.In the event of a lawsuit
involving this agreement,venue shall be proper only in Thurston County Superior Court.The sponsor,by execution of this agreement
acknowledges the jurisdiction of the courts of the State of Washington.
In the cases where this agreement is between the funding board and a federally recognized Indian Tribe,the following governing
law/venue applies:
A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian Tribe arising out of or
relating to the performance,breach or enforcement of this agreement in Federal Court.Interpretation shall be according to the
law of the State of Washington.in the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve
the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court,but the parties
agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks subject
matter jurisdiction.
B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from the action
shall be binding and enforceable on the parties. Any money judgment or award against a Tribe,tribal officers and members,or
the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project Funding of the
Agreement in order to satisfy the judgment.
C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section,and to the implementation of any
judgment. This waiver is only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any
assignee or delegate of the parties. In any enforcement action,the parties shall bear their own enforcement costs,including
attorneys'fees.
SECTION 45. SEVERABILITY
The provisions of this agreement are intended to be severable.If any term or provision is illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the validity of the remainder of the agreement.
Salmon Project Agreement-RCO#10-1125P Salmon Funding Accounts
Chapter 77.85 RCW,Chapter 420 WAC Page 14 of 14
PROJAGRAPT
Salmon Program
Federal Recovery Projects
Post-Evaluation Project Summary
TITLE: Mill Creek Conf./Green River Design NUMBER: 10-1125
TYPE: (Planning)
STATUS: Board Funded
SPONSOR: City of Kent EVALUATION SCORE:
BOARD RANKING:
COSTS: SPONSOR MATCH:
Salmon Federal Projects $200,000 100%
Total $200,000 100%
DESCRIPTION:
This project is identified in the WRIA 9 Green/Duwamish and Central Puget Sound Watershed Final Salmon Habitat
Plan-August 2005 as a priority project, LG-7, Lower Mill Creek. A preliminary design project was previously funded
by SRFB for Feasibility and 30%Design,project#05-1519, and was completed in February 2009.This project
request is for Final Design and permitting of the Mill Creek Confluence/Green River Restoration Project.The
purpose of creating off-channel habitat in the Green River near the confluence of Mill Creek is to increase floodplain
refuge habitat for Chinook and other salmonids,enhance riparian habitat and to restore floodplain functions. In order
to restore floodplain functions, the project will create a side channel off the Green River east of the confluence of Mill
Creek. A bench is proposed at the mouth of the side channel to provide low-water salmonid habitat. The final
design will include the removal of invasive plants, native riparian planting plan including more diversity and density.
The upland portion will include trees and shrubs. Final design will address size and location of log structures, snags
and brush piles, sedimentation and potential creation of a more natural sinuous side channel. Coho and Chinook
salmon,cutthroat,steelhead and bull trout populations still make extensive use of Mill Creek,the only major tributary
to the Green River between Soos Creek-Auburn and the mouth of the Duwamish River that provides unrestricted
salmonid access.
LOCATION INFORMATION:
King County
LEAD ENTITY ORG: WRIA 9 LE(King County)
COUNTY: King WRIA: Duwamish-Green(9)
SCOPE(WORK TYPES):
Cultural resources Habitat surveys
Final design and permitting
SALMON INFORMATION: (*indicates primary)
Species Targeted
Bull Trout Cutthroat
Chinook Salmon-Puget Sound ESU Pink Salmon-Odd year ESU
Chum Salmon-Puget Sound/Strait of Georgia ESU Steelhead-Puget Sound DPS
Coho Salmon-Puget Sound/Strait of Georgia ESU
Habitat Factors Addressed
Biological Processes Riparian Conditions
Channel Conditions Streambed Sediment Conditions
Floodplain Conditions* Water Quality
Loss of Access to Spawning and Rearing Habitat Water Quantity
FISCALYEAR: 2011 DATE PRINTED: February 1, 2011
1PAPSUM7.RPT Mill Creek Conf./Green River Design
Eligible Scope Activities
Project Sponsor: Kent City of Project Number: 10-1125
Project Title: Mill Creek Conf./Green River Design Project Type: Planning
Program: Salmon Federal Projects Approval: 12/10/2010
Planning Metrics ,
Worksite#1, Leber Homestead
Targeted salmonid ESU/DPS: Chinook Salmon-Puget Sound ESU,
Chum Salmon-Puget Sound/Strait of
Georgia ESU, Coho Salmon-Puget
Sound/Strait of Georgia ESU, Pink
Salmon-Odd year ESU,
Steelhead-Puget Sound DPS
Bull trout, cutthroat
Targeted species(non-ESU species): Bull Trout,Cutthroat
Area Encompassed(acres): 8.6
Design for Salmon restoration
Final design and permitting
Name of Plan: Feasibility Study&30%Design-Confl.
of Mill Creek&Green River Restoration
Project-see note
Feasibility Study and 30 Percent Design
Confluence of Mill Creek and Green
River Restoration Project
Kent, Washington
February 2009
Prepared for the City of Kent
Prepared by AMEC Geomatrix, Inc.
3500 188th Street SW, Suite 600
Lynnwood, WA 98037-4763
425-921-4000
Description of Plan: Final Design-Confl. of Mill Creek&
Green River Project-see note
ELIGREIM.RPT February 1,2011 Page: 1
Eligible Scope Activities
A. Project Description
The Mill Creek/Green River Restoration
Project is the creation of side channels
and an overwintering pond to increase
access to floodplain habitat for Chinook
and other salmonids and to restore
floodplain functions. The lower quarter
mile of Mill Creek is deeply incised and
no longer connected to its floodplain. In
order to restore the floodplain functions,
the project will create a side channel and
winter pond complex. Additional phases
of the restoration project will include
removal of invasive plants down to the
bottom of the root zone, native riparian
re-vegetation, and installation of woody
debris structures.
Hydraulics and soils studies are required
to determine feasibility of connecting the
side-channel to the mainstem of the
Green River, examine the issues of
sedimentation, and maintenance of the
channel/pond, and the potential for
re-using excavated material on site. As
' the project site was an orchard prior to
1969, soil chemistry must be tested to
ensure the soil can be re-used on site.
This will also include investigating the
feasibility of wasting spoils along the SR
167 ROW which would provide a larger
area for flood inundation. The feasibility
study will also include hydraulic and
geotechnical analysis of the banks of Mill
Creek and the Green River on this site,
and the feasibility of reshaping and
restoring the banks to provide stability
for the restoration of fish habitat through
this reach.
B. Project Works Tasks
1. Soil chemistry tested to ensure soil
can be re-used on site, assess soils and
slope stability on both Mill Creek and
Green River.
2. Soil study to assess on site soil
conditions that would effect design
and/or feasibility of this project.
3. Hydraulics study to determine the
feasibility of connecting a side channel
to the mainstem of the Green River,
examine issues of sedimentation and
maintenance of the channel/pond.
4. Hydraulic and geotechnical analysis
of the banks of Mill Creek and the Green
River and the feasibility of reshaping and
restoring the banks to provide stability
for restoration and enhancement.
5. Analysis of biologic benefits for
salmonids and other wildlife species, life
ELIGREIM.RPT February 1,2011 Page. 2
Eligible Scope Activities
stages and time of year with focus on
salmonids.
6. 30%design of project proposal for
the Mill Creek side channel.
The feasibility study presented an
analysis of the original proposed project
and the conceptual design for anI,
alternative restoration project based on
results of project-specific field
investigations conducted by AMEC
Geomatrix, Inc. In the revised design,
the side channel connects directly to the
Green River, and the mouth of Mill
Creek is altered to enhance fish
passage. The channel will extend onto
the site to the south. A bench would be
created at the mouth of the proposed
side channel around elevation 19 to 20
feet to provide low-water habitat. The
revised design provides almost
continuous access for juvenile
salmonids to increased low-water
rearing habitat in comparison to the
original concept of a side channel off Mill
Creek. It provides for an increase in
potential wetlands area, overall habitat
area, floodplain storage, and better
opportunities for riparian habitat
enhancement.
Salmonid Habitat Assessment I Inventory
Habitat surveys
Acres of habitat assessed: 7.5
Low Water Habitat Area-0.9 acre
Quality of Low Water Habitat-Good
Frequency of Low Water Habitat
Availability-About 100%
Total Area Near Habitat Features-3
across
Wetland Area-2.1 acres
Floodplain Storage- 1.5 acre food
Accessibility to Green River-Direct
Amount Of Habitat Assessed That Needed Restoration: 7.5
Type of Habitat Assessment: Floodplain mapping, Forest inventories,
Invasive species, Overall watershed
condition assessment or mapping,
Riparian condition, Stream typing,
Upland habitat conditions, Wetlands
Cultural Resources
Cultural resources
ELIGREIM.RPT February 1,2011 Page: 3
Milestone Report By Project
Project Number: 10-1125 P
Project Name: Mill Creek Conf./Green River Design
Sponsor: Kent City of
Project Manager: Marc Duboiski
en
Date c6mrnentsibaacriptic���
Project Start 12/10/2010
RFP Complete/Consultant Hired 05/01/2011
I Progress Report Submitted 06/30/2011
Annual Project Billing 07/31/2011
Applied for Permits 08/30/2011
I Cultural Resources Complete 12/01/2011
Draft Design to RCO 01/15/2012
Final Design to RCO 05/31/2012
Special Conditions Met 05/31/2012
! Agreement End Date 06/10/2012
Permits Complete 09/01/2012
Final Billing to RCO 09/10/2012
Final Report in PRISM 09/10/2012
X=Milestone Complete
I=Critical Milestone
i iLESTO.RPT February 01,2011 Paget 1
Press Release Template
Kent City of offered grant to develop a plan or assessment for salmon recovery.
(Kent)-Kent City of was awarded a grant of$200,000.00 from the Salmon Program.The grant was
awarded by the Salmon Recovery Funding Board(SRFB),and will be used for the following:
Kent will use this grant to complete the final design and get permits for a project to create
off-channel habitat in the Green River east of its confluence with Mill Creek.The
off-channel habitat will increase floodplain refuge habitat for Chinook and other salmon
species, enhance riverbank habitat and restore floodplain functions. A bench is proposed
at the mouth of the side channel to provide habitat for salmon when the river is low. The
design also will include a plan for removing invasive plants and replanting the area, as well
as information about the size and location of log structures,snags and brush piles,
sedimentation and potential creation of a more natural sinuous side channel. Coho and
Chinook salmon,cutthroat, steelhead and bull trout use of Mill Creek,the only major
tributary to the Green River between Soos Creek in Auburn and the mouth of the
Duwamish River,that provides unrestricted fish access.
There were ninety-four applications submitted for consideration in the Salmon Program. Each project
went through an evaluation process prior to being recommended for funding. The SRFB Board
approved funding for projects on Friday, December 10,2010.
Funding for the Salmon Program comes from funds administered by NOAA Fisheries.
Contact: Michael Mactutis,(253)856-5520(sponsor project manager)
Marc Duboiski,(360)902-3137, marc.duboiski@rco.wa.gov(SRFB project manager)
KENT Agenda Item: Consent Calendar - 70
TO: City Council
DATE: April 5, 2011
SUBJECT: Contract with Historical Research Associates for Mill Creek
Confluence/Green River Restoration Design Project -
Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Historical Research Associates, Inc. (HRA) in an amount not to exceed
$10,059 for archaeological studies, and establish a budget for the funds to be
spent within the Mill Creek Confluence/Green River restoration Design Project,
subject to final terms and conditions acceptable to the City Attorney and the Public
Works Director.
SUMMARY: The Mill Creek Confluence/Green River Restoration project has been
awarded $200,000 from the Salmon Recovery Funding Board (SRFB) for Final Design
and permitting of the project. The archaeological and cultural resources study is a
requirement of the SRFB grant.
EXHIBITS: Public Works Memo dated 3/2/2011 and Consultant Services Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: The HRA contract will be funded through the SRFB grant for the
Mill Creek Confluence/Green River Restoration project, with City funds as required.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 2, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: March 21, 2011
From: Mike Mactutis, Environmental Engineering Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Contract/Historical Research Associates, Inc (HRA) — Mill Creek
Confluence/Green River Restoration Design Project
Item - 6
Motion:
Move to recommend Council authorize the Mayor to sign a Contract with
Historical Research Associates, Inc. (HRA) in an amount not to exceed
$10,059.00 for archaeological studies, establish a budget for the funds to
be spent within the Mill Creek Confluence/Green River Restoration Design
project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
Summary:
The Mill Creek Confluence/Green River Restoration project has been awarded
$200,000 from the Salmon Recovery Funding Board (SRFB) for Final Design and
permitting of the project. The restoration project will create off-channel habitat in
the Green River near the confluence of Mill Creek, will increase floodplain refuge
habitat for Chinook and other salmonids, enhance riparian habitat, and restore
floodplain functions. The 8.6 acre site is owned by the City and is also known as the
Leber Homestead. An archaeological and cultural resources study is a requirement
of the SRFB grant.
Budget Impact:
The HRA contract will be funded through the SRFB grant for the Mill Creek
Confluence/Green River Restoration project, with no City funds required.
'�!5110
WENT
YI I.S NI iO
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Historical Research Associates, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Historical Research Associates, Inc. organized under the laws of the
State of Washington, located and doing business at 1904 Third Ave., Suite 240, Seattle, WA
98101, Phone: (206) 343-0226/Fax: (206) 343-0249, Contact: Lynn Compas (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 an archaeological and cultural resources inventory for
the Leber Homestead site. For a description, see the Consultant's January 27, 2011
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.
III. 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 1, 2011.
— III.COMPENSftT—01V.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Ten Thousand, Fifty Nine Dollars ($10,059.00) for the services described in
this Agreement. This is the maximum amount to be paid under this Agreement for
the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed
amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT - 1
(Over.$10,000)
p
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 iunder this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a .set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. . .If the .City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the.Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. .Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of.any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of.indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, 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
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 this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and
incorporated by this reference.
IX. EXCHANGE OF �NFO�tMQT�QI`I, T11 _City wi_U uroyldP_it,slzesffoCtso 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 flies available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$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. Tie 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 maifl; .and shall be deemed sufficiently given if sent to
rnA adrir �co _aY—the—a.ddr-ess—stated—ua�:bis_Agree.meat—or_such__otia.er_addr_eS�as may_bP
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,.,afteration, or modification of any of the provisions of this
Agreement shall be binding unless in *ifing 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
(Over$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, andr 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:
Lynn Compas Timothy 1. LaPorte, P.E.
Historical Research Associates, Inc. City of Kent
1904 Third Ave., Suite 240 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
(206) 343-0226 (telephone) (253) 856-5500 (telephone)
acsimi e (2 - acsimi e
APPROVED AS TO FORM:
Kent Law Department
HR4 Leber HomesteaE/Bartel[
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000) -
I
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 - i
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 Jor the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants.and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity, requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state-and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 120
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
January 27,2011
Robyn Eartlet
Conservation Coordinator
City of Kent,Public Works Department,Environmental Engineering
220 Fourth Avenue South
SEATTLE Kent,>WA 98032
PORTLAND
SPOKANE RE: Proposal for an Archaeological Resources Study for the Mill Creek
WASHINGTON DC
Confluence/Green River Restoration Project,King County,WA.
Dear Robyn:
Historical Research Associates,Inc.(HRA)is pleased to provide this proposal to conduct
the above referenced project for the City of Kent.Please find enclosed a Statement of
Work(SOW)and Cost Estimate to conduct an archaeological resources inventory for the
project.We understand that the City of Kent intends to construct a side channel with a
mid-slope bench on the east side of the main stem of the Green River and the mouth to
Mill Creek will be altered to enhance fish habitat,in King County,WA. The work will
be conducted in compliance with Executive Order 05-05 and SEPA.
Our SOW is based on phone calls and e-mails conducted between January 25 and 26,
2011.Our assumptions are listed in the attached SOW.
If you have any questions,please give me a call at 206343-0226. 1 also respond quickly
to e-mail adellert@brassoe.com).
Sincerely,
Jenny Dellert
RmEARcH ARCHAEOLOGIST
enc. Statement of Work and Cost Estimate for an Archaeological Resources
Inventory,Mill Creek Confluence/Green River Restoration Project,King County,
asainglorl
1904 Third Avenue
Suite 240
Seattle,WA 98101
(206)343-0226 Since 9974
PAx(206)343-0249 Researching the Past for Today's Solutions
Statement of Work
Archaeological Resources Inventory, Mill Creek
Confluence/Green River Restoration Project, King
County, Washington
HRA is pleased to provide cultural resources services to the City of Kent for the construction of a side
channel on the east side of the main stem of the Green River and alterations to the mouth of Mill Creek to
enhance fish habitat located in King County,Washington(Project).The Project Area is 8.6 acres and
includes two parcels of land south of the Green River and east of Mill Creek Aubum.The following
Statement of Work(SOW)and Cost Estimate(CE)are for conducting archival research,fieldwork,and
report preparation.
1.0 Project Approach
HRA proposes three tasks to accomplish this project:conduct archival research,conduct field work,and
prepare one draft and one final report.
Task L Conduct Archival Background.Research.Based on maps and descriptions of the proposed
Project,to be provided by the City of Kent,HRA will conduct a records search using the State
Department of Archaeology and Historic Preservation's(DAHP)web portal WISAARD to determine
what previous studies have been conducted within and in the vicinity of the proposed Project.This
research will identify previously recorded archaeological sites in the Project vicinity and collect copies of
the records for these resources.Additional background research will be conducted in HRA's cultural
resource reference library and on-line accessing historic map data bases and other information about the
project area.The information obtained will help to establish the context for potential resources in the
vicinity and will be used to write the background sections of the study report.
Task 2. Conduct Archaeological Fieldwork HRA staff will conduct the following fieldwork for the
Project. .
1. Using maps of the Project area and plans provided by the City of Kent,I-IRA will conduct a 100
percent archaeological pedestrian survey of the Project Area. Archaeologists will walk two
i�i ac
the inventory,the archaeologist will seek out and examine ground exposures(e.g.,ditches,
plowed areas,etc.).HRA will excavate up to 35 archaeological shovel probes to further assess the
probability for buried cultural materials.The probes will be spaced approximately 65 ft(20 m)
apart but are adjustable based on field conditions and topographic circumstances.
2. If archaeological materials are identified,their location and the category of cultural materials
found will be documented on a Washington Archaeological Site Inventory or Isolate form_
Photographs will be taken to accompany the foam,and a sketch map will be prepared showing
City of Kent January 27, 2011
Mitt Creek Confluence/Green River Restoration Project, Page 1
King County, Washington
Historical Research Associates, Inc.
any intrasite resource patterns and the site in relation to the surrounding topography and
developments.The location of the archaeological site or isolate will be documented using a GPS
instrument.The attached cost estimate assumes that no more than one archaeological site will be
recorded by this project.
Task 3.Prepare Draft and Final Technical Reports.
1. HRA will prepare one Accbaeological Resource Inventory Report summarizing the results of the
background research and field work This report will reflect professional standards for format and
content as expressed in the guidelines prepared by DAIIP.A draft of the report will be submitted
to the City of Kent for comment in electronic format(Adobe pdf).HRA will make any necessary
revisions to the Draft report in response to comments by the City of Kent and will submit tbree
hard copies,including one copy with the DAHP submittal form inserted,and an electronic version
of a final report for submittal to the DAHP.The report will include:
• A description of the Project and applicable laws and regulations,
• A summary of the results of the background literature and records research,
• The methods used during the archaeological fieldwork and the results of the
archaeological resources inventory,
• A description of any cultural resources found,
• A summary assessment of potential effects to any identified resources based on our
knowledge of the resource type,soil conditions,and extent to which the proposed project
may affect the resource,
• Recommendations for completion of any additional cultural resources compliance
obligations stemming from the results of our study,
• A summary of Project procedures that should be followed in the event of an unanticipated
discovery of buried cultural materials or human remains during construction,and
• References cited,
The report will include such tables,maps,photographs,and other graphics as are needed to depict
the scope of the study and results.Forms for any recorded resources will be included in an
appendix to the report.
2. 14PA staff will be available for teleconferences with the City of Kent,agencies and DAHP as
necessary,regarding the inventory and our findings.
2.0 Schedule
HRA staff can initiate the first phase of the Project(background research)within two(2)business days of
receipt of a written notice to proceed(NTP).The field reconnaissance would occur within ten(10)days of
NTP. A draft reconnaissance report would be accomplished within ten(10)days of the completion of the
fieldwork.Upon completion of review of the initial Draft report,submittal of the final Draft report,
responding to your questions and comments,would occur within ten(10)days.Revisions in response to
City of Kent January 27, 2011
Mill Creek Confluence/Green River Restoration Project, Page 2
King County, Washington
Historical Research Associates, Inc.
i
any comments on the final Draft report would occur within(10)days.Delays to this schedule resulting
from the actions or inaction of other parties cannot be HRA's responsibility.
3.0 Cost Proposal
HRA proposes to conduct the project(Tasks 1-3 described in Section 1)on the schedule presented in
Section 2 for a cost of$10,059.00,applied on a time and materials basis(see attached spreadsheet). Our
estimate was made with the following assumptions in mind'.
• if the Project Area changes at any time during the course of the Project and an additional
inventory is undertaken,the cost estimate will be adjusted accordingly.
• HRA will have full access to the Project Area,with approved rights of entry(ROE)to conduct
subsurface probes within the Project Area HRA will not be responsible for obtaining ROE,but
will be happy to notify property owners of the presence of our crews in the time that they request.
• All consultation with DAl1P and Tribes will be conducted by the City of Kent.
• HRA will survey up to&6 acres and excavate up to 35 shovel probes in 2 days using one Project
Archaeologists and two field technicians.
• No more than one archaeological site will be identified and recorded.
• No buildings,structures or objects over 50 years of age that will be affected by the Project exist
within the Project Area;therefore,an architectural inventory will not be conducted
• Teleconferences with the City of Kent will not exceed two hours over the term of the Project.
• The City of Kent will provide a text description of the proposed Project for HRA to use in its
report.
• The City of Kent will provide maps(G1S shape files are preferred)of the Project Area and design
plans of the proposed Project to HRA in a format that can be adapted for use in the field and in its
report.
• Reporting will not include the preparation of NEPA or SEPA document sections or agreement
documents(e.g.,Memoranda of Agreement).
City of Kent January 27, 2011
Mill Creek Confluence/Green River Restoration Project, Page 3
King County, Washington
Historical Research Associates, Inc.
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KENT Agenda Item: Consent Calendar - 7P
TO: City Council
DATE: April 5, 2011
SUBJECT: Amendment No. 1, Historical Research Associates Consultant
Services Agreement for Horseshoe Bend Levee Cultural
Resources Study - Authorize
MOTION: Authorize the Mayor to sign Amendment No. 1 to the Consultant
Services Agreement with Historical Research Associates Inc., in an amount not to
exceed $15,911 to prepare a cultural resources study for the Horseshoe Bend
Levees, subject to final terms and conditions acceptable to the City Attorney and
the Public Works Director.
SUMMARY: The contract with, Historical Research Associates Inc. includes
cultural and an archeological resources study which is a requirement of all state-
funded construction projects.
EXHIBITS: Public Works Memo dated 3/11/2011 and Consultant Services Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: This work will be fully charged to the $10 million Department of
Ecology (DOE) Grant, with no City funds required.
0. PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 11, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: March 21, 2011
From: Mark Madfai, Design Engineering Supervisor
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Amendment No. 1/Historical Research Associates, Inc. (HRA) —
Horseshoe Bend Levee, Cultural Resources Study
Item - 7
Motion:
Move to recommend Council authorize the Mayor to sign the Consultant
Services Agreement with Historical Research Associates Inc., to prepare a
cultural resources study for the Horseshoe Bend Levees in an amount not to
exceed $15,911.00, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
Summary:
In order to construct the levee improvements required at the Horseshoe Bend for
levee certification, the City must complete a cultural and archeological resources
study. This is a requirement of all state-funded construction projects. HRA is under
contract to perform these services on our other levee projects along the Green
River. This amendment would allow the City to capitalize on the work already
completed by HRA for the rest of the levee.
Budget Impact:
This work will be fully charged to the $10 million Department of Ecology (DOE) Grant,
with no city funds required.
KENT
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Historical Research Associates Inc.
CONTRACT NAME & PROJECT NUMBER: Green River Levee Certification
ORIGINAL AGREEMENT DATE: December 17, 2010
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor's work is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
Conduct a Cultural Resources Study for the Horseshoe Bend
Levee. For a description, see the Consultant's February 8, 2011
Scope of Work which is attached as Exhibit A and incorporated
by this reference.
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are modified as follows:
Original Contract Sum, $62,859.00
including applicable WSST
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $62,859.00
including all previous amendments
-----------------
Current Amendment Sum $15,911.00
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $78,770.00
AMENDMENT - 1 OF 2
Original Time for Completion December 31,2011
(insert date)
Revised Time for Completion under 0
prior Amendments
(insert date)
Add'I Days Required (f) for this 0 calendar days
Amendment
Revised Time for Completion December 31,2011
(insert date)
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title) (title)
DATE: DATE:
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
HRA-GR Levees Amd 1/Madfai
AMENDMENT - 2 OF 2
� 1
EXHIBIT A
SEATTLE
MISSOULA February 8, 2011
PORTLAND
SPOKANE
WASHINGTON DC
Robyn Bartlet
Conservation Coordinator
City of Kent,Public Works Department, Environmental Engineering
220 Fourth Avenue South
Kent,WA 98032
RE: Proposal for an Cultural Resources Study for the
Horseshoe Bend Levy Project,King County, WA
Dear Robyn:
Historical Research Associates, Inc. (HRA) is pleased to provide this proposal to
conduct the above referenced project for the City of Kent. Please find enclosed a
Statement of Work(SOW) and Cost Estimate to conduct a cultural resources
study for the project.We understand that the City of Kent is purchasing two
parcels, demolishing structures within the parcels and constructing a levy in the
City of Kent, King County, WA. The work will be conducted in compliance with
SEPA.
Our SOW is based on phone calls and a-mails conducted between February 2 and
February 7, 2011. Our assumptions are listed in the attached SOW.
If you have any questions,please give me a call at 206-343-0226. I also respond
quickly to e-mail(lcompas@hrassoc.com).
Sincerely,
�.
Lynn Compas ,
ASSOCIATE ARCHAEOLOGIST
enc. Statement of Work and Cost Estimate for a Cultural Resources Study,
Horseshoe Bend Levy Project,King County, Washington
1904 Third Avenue
Suite 240
Seine,WA98101 Since 1974
(206)343-0226 Researching the Past for Today's Solutions
FAX(206)343-0249
� d
Statement of Work
Cultural Resources Study, Horseshoe Bend
Levy Project, King County, Washington
HRA is pleased to provide cultural resources services to the City of Kent for the demolition of
buildings and construction of a levy in the Horseshoe Bend area of the Green River located in the
City of Kent, King County, Washington (Project). The Project Area is composed of two
locations totaling 14.1 acres. The following Statement of Work(SOW) and Cost Estimate(CE)
are for conducting archival research, fieldwork, and report preparation.
1 .0 Project Approach
HRA proposes three tasks to accomplish this project: conduct archival research, conduct field
work, and prepare one draft and one final report.
Task 1. Conduct Archival Background Research
1. Based on maps and descriptions of the proposed Project, to be provided by the City of
Kent, BRA will conduct a records search using the State Department of Archaeology and
Historic Preservation's (DAHP)web portal WISAARD to determine what previous
studies have been conducted within and in the vicinity of the proposed Project. This
research will identify previously recorded archaeological sites in the Project vicinity and
collect copies of the records for these resources. Additional background research will be
conducted in HRA's cultural resource reference library and on-line accessing historic
map data bases and other information about the project area. The information obtained
will help to establish the context for potential resources in the vicinity and will be used to
write the background sections of the study report.
2. HRA's staff will conduct parcel searches to determine the age of all structures within
200 feet of the project area for above ground developments using the King County Parcel
Viewer. The outcome of the parcel search will be cross-referenced with the HPI forms
collected from the DAHP website.
3. HRA's staff will conduct archival research for each building at the Puget Sound Branch
of the Washington State Archives in Bellevue.
City of Kent
Horseshoe Bend Levy Project, King County, Washington February 8, 2011
Historical Research Associates, Inc. Page 1
Task 2. Conduct Archaeological and Architectural Fieldwork.
HRA staff will conduct the following fieldwork for the Project.
1. Using maps of the Project area and plans provided by the City of Kent, HRA will conduct
a 100 percent archaeological pedestrian survey of the Project Area. Archaeologists will
walk two parallel transects that will be spaced at intervals of less than 65 feet(ft) (20
meters [m]). During the inventory, the archaeologist will seek out and examine ground
exposures (e.g., ditches, plowed areas, etc.). HRA will excavate up to 35 archaeological
shovel probes to further assess the probability for buried cultural materials. The probes
will be spaced approximately 65 ft (20 m) apart but are adjustable based on field
conditions and topographic circumstances.
2. If archaeological materials are identified, their location and the category of cultural
materials found will be documented on a Washington Archaeological Site Inventory or
Isolate form. Photographs will be taken to accompany the form, and a sketch map will be
prepared showing any intrasite resource patterns and the site in relation to the
surrounding topography and developments. The location of the archaeological site or
isolate will be documented using a GPS instrument. The attached cost estimate assumes
that no more than one archaeological site will be recorded by this project.
3. For areas where new above ground facilities will be constructed an HRA Architectural
Historian will conduct an intensive level inventory of up to ten (10)potentially historic
structures that are 50 years of age and older that are located within or immediately
adjacent to the Project Area. These will require inventory and evaluation according to the
National Register of Historic Places (NRHP), Washington Heritage Register(WHR) and
King County Register Criteria. The buildings will be recorded on a Washington Historic
Property Inventory form, a determination of their eligibility for inclusion in the NRHP,
WHR, and King County Register will be made, and an assessment of potential effects to
eligible properties will be made in the Technical Report.
Task 3. Prepare Draft and Final Technical Reports
I. HRA will prepare one Cultural Resource Inventory Report summarizing the results of the
background research and field work. This report will reflect professional standards for
format and content as expressed in the guidelines prepared by DAHP. A draft of the
report will be submitted to the City of Kent for comment in electronic format(Adobe
pdf). HRA will make any necessary revisions to the Draft report in response to comments
by the City of Kent and will submit three hard copies, including one copy with the DAHP
submittal form inserted, and an electronic version of a final report for submittal to the
DAHP. The report will include:
• A description of the Project and applicable laws and regulations,
• A summary of the results of the background literature and records research,
City of Kent
Horseshoe Bend Levy Project, King County, Washington February 8, 2011
Historical Research Associates, Inc. Page 2
• The methods used during the archaeological fieldwork and the results of the
archaeological resources inventory,
• A description of any cultural resources found
• A summary assessment of potential effects to any identified resources based on
our knowledge of the resource type, soil conditions, and extent to which the
proposed project may affect the resource,
• Recommendations for completion of any additional cultural resources compliance
obligations stemming from the results of our study,
• A summary of Project procedures that should be followed in the event of an
unanticipated discovery of buried cultural materials or human remains during
construction, and
• References cited.
The report will include such tables, maps, photographs, and other graphics as are needed
to depict the scope of the study and results. Forms for any recorded resources will be
included in an appendix to the report.
2. HRA staff will be available for teleconferences with the City of Kent, agencies and
DAHP as necessary, regarding the inventory and our findings.
2.0 Schedule
HRA staff can initiate the first phase of the Project(background research)within two (5)
business days of receipt of a written notice to proceed(NTP). The field reconnaissance would
occur within ten (10)days of NTP. A draft reconnaissance report would be accomplished within
ten (10) days of the completion of the fieldwork. Upon completion of review of the initial Draft
report, submittal of the final Draft report,responding to your questions and comments, would
occur within ten (10) days. Revisions in response to any comments on the final Draft report
would occur within (10) days. Delays to this schedule resulting from the actions or inaction of
other parties cannot be HRA's responsibility.
3.0 Cost Proposal
HRA proposes to conduct the project(Tasks 1-3 described in Section 1) on the schedule
presented in Section 2 for a cost of$15,911.00, applied on a time and materials basis (see
attached spreadsheet). Our estimate was made with the following assumptions in mind:
• If the Project Area changes at any time during the course of the Project and an additional
inventory is undertaken, the cost estimate will be adjusted accordingly.
• HRA will have full access to the Project Area, with approved rights of entry(ROE)to
conduct subsurface probes within the Project Area. HRA will not be responsible for
City of Kent
Horseshoe Bend Levy Project, King County, Washington February 8, 2011
Historical Research Associates, Inc. Page 3
obtaining ROE,but will be happy to notify property owners of the presence of our crews
in the time that they request.
• All consultation with DAHP and Tribes will be conducted by the City of Kent.
• HRA will survey up to 14.1 acres and excavate up to 35 shovel probes in 2 days using
one Project Archaeologists and two field technicians.
• No more than one archaeological site will be identified and recorded.
• No more than ten (10)above ground resources will be recorded and Historic Property
Inventory (HPI) forms will be prepared accordingly.
• Teleconferences with the City of Kent will not exceed two hours over the term of the
Project.
• The City of Kent will provide a text description of the proposed Project for HRA to use
in its report.
• The City of Kent will provide maps (GIS shape files are preferred) of the Project Area
and design plans of the proposed Project to HRA in a format that can be adapted for use
in the field and in its report.
• Reporting will not include the preparation of NEPA or SEPA document sections or
agreement documents (e.g., Memoranda of Agreement).
City of Kent
Horseshoe Bend Levy Project, King County, Washington February 8, 2011
Historical Research Associates, Inc. Page 4
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KENT Agenda Item: Consent Calendar — 70
TO: City Council
DATE: April 5, 2011
SUBJECT: Smith Avenue & Lincoln Street Sidewalk Improvements —
Authorize
MOTION: Authorize the Mayor to direct the Public Works Department Staff
to bid the Smith Street and Lincoln Avenue Sidewalk Improvements project and
return to Council for bid acceptance and project approval, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: Several years ago King County was successful in obtaining a federal
grant from the Puget Sound Regional Council (PSRC) for the Smith & Lincoln Avenue
intersection. This project will construct a new left turn lane at the intersection of
Smith & Lincoln as well as new curbs, gutters and sidewalks along Smith Street.
There would be no new grant agreement related to the amount of the eligible funds
because until bids are accepted, the City would still be eligible to receive the full
$659,841. If Council elects to move ahead with the minimized scope of work, the City
would bill the grant for the maximum available amount without a traffic signal and
reduced project scope - $529,841.
This item came before the March 15, 2011. City Council meeting for acceptance of the
grant. During that meeting, approval was given to authorize the Mayor to accept the
grant. However, the Council directed the Public Works Committee to re-evaluate and
further consider the project at its March 21, 2011, meeting. Staff provided the
Committee additional information and the Committee approved the motion to
authorize the Mayor to bid the project.
EXHIBITS: Public Works Memo dated 2/18/2011, Special Use Permit by King County
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: $110,000 will be used out of the sidewalk fund and $60,000
from the drainage fund. Both expenses were included in the 2011 budget.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 18, 2011
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: March 21, 2011
From: Mark Howlett P.E., Design Engineering Manger
Through: Chad Bieren, P.E., City Engineer
Subject: Smith and Lincoln Sidewalk Improvements
Item - 8
Motion:
Move to recommend Council authorize the Mayor to direct Public Works
Department staff to bid the Smith Street and Lincoln Avenue Sidewalk
Improvements project and return to Council for bid acceptance and project
approval.
Summary:
In response to the March 15, 2011 Council motion sending the Smith Street and
Lincoln Avenue Sidewalk Improvements back to the Public Works Committee for
further consideration we are providing more information related to the grant and the
project itself. There were three areas of where additional information was desired.
1. The total construction cost discussed at the February 28, 2011 Public Works
Committee meeting was $1,100,000. This included $660,000 in grant funds
and $440,000 in City funds ($300,000 from the Transportation budget and
$140,000 from the Storm Drainage Utility). The Committee noted that
spending the entire 2011 sidewalk budget at Lincoln/Smith was not desirable.
In response, Public Works staff reduced the scope of the project to minimize
City expenditures while still meeting grant requirements. This reduced the
cost of the project to $700,000 - $530,000 in grant funds and $170,000 in
City funds ($110,000 from the Transportation budget and $60,000 from the
Storm Drainage Utility). Staff will present graphics illustrating the change in
scope.
2. Councilman Harmon noted concerns with the parking agreement between
King County and Kent. We have attached a copy of the agreement and
highlighted the provision (see part H, page 9) that protects both the City and
County.
3. The original grant included a left-turn lane and traffic signal. The traffic signal
would only be warranted if the Park and Ride property were developed. Since
this has not occurred, the Puget Sound Regional Council (PSRC) approved
removal of the signal from the scope of work; however, it also required that if
the final project cost was less than the original $1,100,000 estimate, that the
federal grant portion of the project would be reduced by the estimated cost of
the signal - $130,000. Following the February 28, 2011 Public Works
Committee meeting, staff reduced the project scope to minimize City
participation, and thus assumed that the eligible portion of the federal grant
would be reduced from $659,841 to $529,841.
There would be no new grant agreement related to the amount of the eligible
funds because until bids are accepted, the City would still be eligible to
receive the full $659,841. Assuming that Council elects to move ahead with
the minimized scope of work, the City would bill the grant for the maximum
available amount without a traffic signal and reduced project scope -
$529,841.
Budget Impact:
As described above an estimated $110,000 will be used out of the sidewalk fund and
$60,000 from the drainage fund. Both expenses were included in the 2011 budget.
KING COUNTY
Department of Construction and Facilities Management ,
Property Services Division
500 King County Administration Building ,
SOD Fourth Avenue
Seattle, WA 98104 �206) 296-7456 FAX 296-0196
SPECIAL USE PERMIT
Use of County Owned Property
PERMIT NUMBER: S-5-09 FILE NO. DATE: 01/27/20D9 -
PERMITTEE:
CITY OF RENT - FACILITIES MANAGER
220 FOURTH AVENUE SOUTH
MET, WA 96032-
DAY PHONE: OTHER/FAX PHONE:
PURPOSE:
TO USE A PORTION OF KING COUNTY TRANSIT PARK 6 RIDE FOR SURFACE PARKING AND
RELATED PEDESTRIAN USES FOR EVENTS BELD AT THE CITY OF KENt EVENT CENTER.
LEGAL DESCRIPTION 1/4 Sec 'Avp Rge Account E. Kroll Page
NW 24 22 04 621W
' KSNT PARK E RIDE LOT R2 PARCEL P242204-9191
WITHIN THE BOUNDARIES OF THE ABOVE REFERENCED PARCEL.
EXPIRATION: This permit shall not be valid for more than 5 YEARS
and expires on the 31ST day of DEMOMER 2014.
PERMIT FEE: $ 500.00 INSPECTION FEE: $ 0.00
ADMINISTRATIVE FEE: $ 0.00 PLAN REVIEW FEE: $ 0.00
LAND USE FEE: $ 9,843.75 OTHER FEE: $ 0.00
BOND MOUNT: $ 0.00 INSURANCE AMDUNT: $ 1,000,000.00
Permittee MUST notify NANCY GORDON AT: 675-1411
AT LEAST 72 HOURS PRIOR TO BEGINNING WORK RED IMME➢IATELY UPON COMPLETION.
By this permit King County authorizes the usm of the above described
property:
Custodial Approval SIGNATURE ON FILE ➢ato/27/09
Property Services Approval SIGNATURE ON FILE Date 2/27/09
The Permittee agrees to comply with the terms and conditions contained
herein.
SEE REVERSE SIM, FOR TERMS AND CONDITIONS.
Signature of Permittee SIGNATURE ON FILE Data 2/27/99
NOTE: Permit not valid without all necessary signatures and expiration date.
Ordinance 4099, King County Code 14.46
SPECIAL USE PERMIT
Issued to CITY OF KENT,WASHINGTON
by KING COUNTY For Incidental Evening
Use and Limited Day Use of Kent/James Street Park and Ride
WHEREAS, the City of Kent wishes to secure evening parking rights at the King
County James Street Park and Ride in Kent to address overflow parking by visitors
to events at the ShoWare Center at Kent; and
WHEREAS, King County wishes to secure day use of the ShoWare Center Parking
Lot to address overflow parking by visitors to the Malang Regional Justice Center;
NOW THEREFORE,the Parties agree as follows:
BASIC PROVISIONS
Permittee: City of Kent, Washington, a municipal corporation of the State of
Washington
Property for which this Special Use Permit Is Issued: Kent/James Park-and-
Ride. LOT 2 of CITY OF KENT SHORT PLAT NO. SP-2001-09 (KING CO METRO
PARKBc RIDE SHORT PLAT) RECORDING NO 20030206900004 (BEING A PORTION
OF NE QTR NW QTR STR 24-22-04), PARCEL NUMBER 2422049191 (Property). A
depiction of the Property Is attached hereto as Exhibit A and made a part hereof.
Permittee Address and Contact Information:
City of Kent
Attn: Facilities Manager
220 Fourth Avenue south
Kent, WA 98032
King County Address and Contact Information:
King County
Attn: Manager, Real'Estate Services Section
King County Administration Building
500 Fourth Avenue, Room 500
Seattle, WA 98104
Permitted Use: Surface parking only, and related pedestrian use, for employees
and visitors to events of the City of Kent ShoWare Center, generally from 5:30 p.m.
to 2:30 a.m. on weekdays and from 7:00 a.m. to 2.30 a.m. the following day on
Saturdays, Sundays, and holidays recognized by King County, only on the dates
identified in the Event List (defined below). Permittee shall limit Its use of the
Property to only those times and activities specified in this Permit.
SPECIAL USE PERMIT- 1
Between King County&Qty of Kent fie;James St.Park-n-Ride
_ Benefit to King_Coun The Permitted Use will provide a mutual benefit
County through issuance to the County by the Permittee of a companion special use
permit for day use of the City of Kent ShoWare Center parking lot for overflow
visitor parking for the Norm Malang Regional Justice Center (the "ShoWare Center
at Kent Permit').
Permit Start Date, March 1, 2009
Permit End Date: December 31, 2013
TERMS AND (CONDITIONS
1.' PERMIT REVOCATION: Except as otherwise provided herein, this
Permit is revocable at any time by King County upon 18 months advance written
notice; provided that King County may revoke on shorter notice (not less than 30
days in advance of the revocation date) if required by the Federal Transit Agency
`i because of a public transit need for the Property. The right to revoke is expressly
reserved to King County (herein"County"or"King County").
2. INDEMNITY AND HOLD HARMLESS: The Permittee for itself, its
successors and assigns, shall defend, indemnify, and hold harmless King County, its
appointed and elected officials, and employees from and against liability for all
claims, demands, suits, and judgments including costs of defense thereof for Injury
to persons, death, or property damage which is caused by, arises out of, or is
incidental to Permittee's exercise of rights and privileges granted by this Permit, but
only to the extent of Permittee's negligence or willful misconduct. The Permittee's
obligation under this section shall Include: a) the duty to promptly accept tender of
defense and provide defense to the County at the Permittee's own expense; b)
indemnification of claims made by the Permittee's own employees or agents; and c)
waiver of the Permittee's immunity under the industrial insurance provisions of Title
51 RCW,which waiver has been mutually negotiated by the parties.
In the event it is necessary for the County to Incur attorneys. fees, legal
expenses, or other costs to enforce the provisions of this section, all such fees,
expenses, and costs shall be recoverable from the Permittee.
In the event it is determined that RCW 4.24.115 applies to this Permit, the
Permittee agrees to defend, hold harmless, and indemnify King County to the
maximum extent permitted thereunder, and specifically for its negligence
concurrent with that of King County to the full extent of Permittee's negligence,
Permittee agrees to.defend, indemnify, and hold harmless King County for claims
by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW,
which waiver has been mutually negotiated by the parties.
3. ANTI-DISCRIMINATION: In all hiring or employment made possible or
resulting from this Permit, there shall be no'discrimination against any employee or
applicant for employment because of race, color, ancestry, religion, national origin,
age, sex, sexual orientation, marital status, or the presence of any sensory, mental'
or physical handicap in an "otherwise q'ualified'.Kandicapped"person unless based
SPECIAL USE PERMIT- 2
eetweeri King County&City of Kent Re:James St Park-n-Ride
i
upon a bona fide occupational qualification, and this requirement shall apply to but
not be limited to the following: employment, advertising, lay-off or termination,
rates of pay or other forms of compensation, and selection for training including
'apprenticeship. No person shall be denied, or subjected to discrimination in receipt
of the benefit of any services or activities made possible by or resulting from this
Permit on the grounds of race, color, ancestry, religion, national origin, age (except
minimum age and retirement provisions), sex, sexual orientation, marital status,,
parental status, the presence of any sensory, mental or physical handicap, or the
use of a trained guide-dog by a blind or deaf person. Any violation of this provision
shall be considered a violation of a material provision of this Permit and shall be
grounds for cancellation,termination or suspension in whole or in part of the Permit
by the County, and may result In Ineligibility for further County permits..
4. PERMITTED USE: Permittee shall limit its use of the Property to only
those activities specified in this Permit. Permittee shall take measures to ensure
that its patrons are discouraged from using the adjacent King County Park and Ride
lot, known as the"small lot"or Lot 1 (also depicted.on Exhibit A),
S. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or
construed to be an exclusive right. It does not prohibit King County from granting
any other permits to other public or private entities, nor shall it prevent King
County from using any public place for any and all public use or affect its
jurisdiction over any part of them; provided, that any such other permits or use by
the County shall not unreasonably interfere with Permittee's use of the Property as
authorized by this Permit.
6. ASSESSMENTS: Permittee shall be required to pay any general or
special assessments incurred by King County, which are directly attributable to or
arising from any actions, occupancy, or usage authorized herein.
7, TERMINATION BY PERMITTEE: The Permittee may terminate the
Permit by written notice to the Manager of Real Estate Services Section upon first
giving not less than eighteen (18) months prior written notice.
8. RETURN OF PREMISES: Permittee shall construct no improvements on
the Property without prior written approval of King County. if such improvements
are authorized, upon revocation, termination, or abandonment, the Permittee shall
remove, at Permittee's expense, any facilities placed on the Property by the
Permittee, and restore the Property to a condition which is equivalent in all respects
to the condition existing prior to installation of the facilities. if the Permittee has not
accomplished removal and restoration at the end of a ninety-day period following the
effective date of revocation, termination, expiration, or abandonment, King County
may accomplish all of the necessary work and charge all of the costs to the
Permittee.
9. REPAiRING DAMAGE BY PERMITTEE: In the event that damage of any
kind is caused by the Permittee in the course of making use of the Property_
(beyond normal wear and tear) authorized by this Permit, Permittee shall repair
SPECIAL USE PERMIT- 3
Between King County&City of Kent Re:James St.Park-n-Rlde
_ said damage at its sole cost and expense._Repair work shall begin without delay._-_
and continue without interruption until completed. If damage is extensive,the time
allowed for repair will be prescribed by the County agent. If the County determines
it is necessary, the County may accomplish the work and charge all the costs to the
Permittee. Nothing in this section shall relieve the Permittee of duties under Terms
and Conditions No. 2 above.
10. ABATEMENT OF UNSAFE CONDITIONS: The County may do, order, or
have done al work considered necessary to restore to a safe condition any area
described in Permit that exists.in a condition dangerous to life or property. Nothing
in this section shall relieve the Permittee of duties under Terms and Conditions No.
2 above.
11. RIGHTS AND OBLIGATIONS RESERVED TO COUNTY: The County
reserves the right to use, occupy, and enjoy its Property for such purposes as it
(' shall desire including, but not limited to, constructing or installing structures and
facilities on the Property, or developing, improving, repairing or altering the
Property. The parties acknowledge that transit riders may elect to park on Lot 2
and that such uses will be permitted at all times; other than such transit rider use,
the County agrees that it will not reduce, temporarily or permanently, the total
number of parking spaces on confirmed event days below 550 during the
established Property use time frames for that event. The County shall maintain the
Property in its "Be Is" condition, subject to regular wear and tear, which
maintenance, shall include regular tree.and brush trimming and removal, quarterly
surface sweeping, monthly litter control, and maintenance of all light fixtures;
provided however that the County is under no obligation to re-stripe, resurface;
seal-coat, joint seal, undertake curb or paving repair or slab replacement of Lot 2
during the term of this Permit, The-County is under no obligation to perform any
adverse weather response to Lot 2 including but not limited to snowplowing,
sanding or other activity; however, the City is authorized to perform that activity
when necessary.
12. OTHER APPLICABLE LAWS: Issuance of this Permit does not in any
way relieve the Permittee from complying with any other applicable laws in
performing the work or making use of the Property as authorized by this Permit.
13. AMENDMENTS: This .Permit may be 'amended only by written
agreement of King County and the Permittee.
14. TITLE: This Permit grants only the'right to use King County's interest
in the Property, and the granting of this Permit is not a warranty that good title to
any specific property is vested in King County.
15. CONDITION OF PROPERTY: Prior to March 15, 2009, the Permittee will
inspect.the Property and prepare a report of that inspection. The Permittee
understands and agrees that the Property is taken for its use, as described in the
inspection report, in Its-"AS-IS"condition and.that King County has_no.obiigation to.
the Permittoo 'to 'make any changes, 'improvements, or to incur any*expense
SPECIAL USE PERMIT-4
Between King County&City of Kent Re:James St Park-n-Ride
whatsoever for environmental and/or other problems associated with the Property
to facilitate Permittee's authorized use of the Property, The Permittee shall be
responsible for the condition of the sidewalk that abuts and serves the Property.
16. ASSIGNMEN f: The Permittee shall not assign any of its rights under
this Permit without the prior written consent of the County.
17. SPECIAL TERMS AND CONDITIONS:
a. Event List. Not later than November 15 of each year this Permit is in
effect, the Permittee shall, providde King County for its, review and
approval (in writing) a preliminary list of not to exceed 125 days in the
following calendar year(7anuary 1 - December 31)that will require the
use of the Property for evening overflow parking between the hours of
5:30 p.m. and 2:30 a.m. '(Event List), For events in 2009, the
preliminary Event List shall be provided on or before March 15, 2009.
The County will confirm its, approval of the Preliminary Event List
within 15 days of receipt. The Permittee shall confirm all event dates
as soon as possible, but in any event not less than thirty (30) calendar
days in advance of any booked event, The Event List shall identify the
event booked at the ShoWare Center associated With each requested
date of use, as specifically as possible as that information becomes
available. The Permittee shall only authorize use of the Property on
the approved dates specified and confirmed on the Event List, Nothing
in this section, however, authorizes King County to approve or deny
any event based on the nature of the proposed event or its content,
King County's approval or denial shall solely be based on its projected
parking needs or other scheduled use of the Property on any given
date.
b. Daytime Events. Up to twenty (20) of the events allowed by
subsection 17(a) above, may occur between the hours of 7:00 a.m.
and 2:30 a.m. of the following day. On those days only, the surface
parking rights, provided to Permittee will commence after 11:00 a.m.,
but only on daytime event days.
C. Annual Permit Fee,The Permittee shall pay the amount of$1,968.75
annually (Annual Fee) for the use of the Property, (exclusive of the
initial permit processing fee of$500).The fee for 2009 shall be paid on
or before March IS. The Fee for subsequent years shall be paid
annually on or before December 31st.
d. Additional Events. In the event the Permittee desires to schedule
either tentative or firm dates of use for the Property in addition to
those identified on the approved Event List,the Permittee shall provide
King County written notice of such request not less than thirty (30)
days in advance. King County shall allow use of the Property for such
purposes so long as they are consistent with the scope of use
SPECIAL USE PERMIT- 5
Between Kng County&City of Kent Re:James St.Park-n-Ride
i
otherwise permitted herein and so long as icing County has not issued
any other special use permits for the Property for such dates and
times. King County shall within fifteen. (IS).calendar days provide
notification in writing to the Permittee whether or not King County has
approved the Additional Event: If an event is so approved, the
Additional Event shall be deemed added to the Event list, and use of
the Property on such approved Additional Event day(s) shall be subject
to and conditioned upon the incorporation of each and every term
contained in this Permit. The Permittee shall pay $15.75 for each
Additional Event day in which the.total number of approved event days .
exceeds 125 days of use. Additional Event fees, If any, shall be paid In
arrears twice each year, on 7une.30th and December 31st. Nothing In
this section, however, shall prohibit the County and Permittee, by
mutual written agreement, to add or amend event days on shorter
notice.
i 1
e. Remittance of Fee UponRevocation or Termination of permit:If
the Permit is revoked or terminated prior to the end of a year, the
Annual Fee shall be prorated based on the number of days the Permit
was in effect in the current year and King County shall return any
amounts paid by Permittee for the remainder of the year less any
Additional Event Fees owing.
f. Additional Conditions of Use.
1. No structure shall be constructed or installed on the Property..
2. Event parking and/or activities shall not obstruct transit
operations, passenger boarding and/or bus layover, on the
Property and on any adjacent property owned by King County, if
any.
3. The Permittee shall not place, or allow placement of, any
materials, displays, stands, (other than temporary parking and
directional signage) or equipment on the Property without prior
written approval from King County.
4. The Permittee shall provide its own trash receptacles and shall
be responsible. for cleaning-up, removing and disposing of all
debris and materials associated with Its use after each Permittee
event to an off site location, including cleaning up, removing
and disposing of all debris from in and around the landscaped
areas, including without limitation any advertising flyers or other
pamphlets that are distributed during any event or placed on
parked vehicles.
5. If Permittee desires to extend the Term of this Permit, the
Permittee must make a .written request to, and approved in
writing by, King County and, In the 'sole and absolute discretion
SPECIAL USE PERMIT- 6
Between King County&City of Kent Re:James St.Park-n-Ride .
of King County, a new special use permit may be issued, or an
amendment made to this Permit, or some other type of
agreement executed 'prior to the expiration of the Term of this
Permit.
6, The Permittee shall use its best efforts to keep the traveled
roadways and.sidewalks immediately adjacent to the Permit
Property open and unimpeded at all times during its authorized
use of the Permit Property.
7. The Permittee shall be responsible for providing appropriate
measures for insuring the safety of pedestrians and vehicles to
and from the ShoWare Center including, but not limited to,
providing adequate lighting, temporary signage, cones and
flaggers. All traffic controls shall comply with the Manual on
Uniform Traffic Control Devices ("MUTCD') or' the local
jurisdiction's traffic control requirements that would supersede
the King County's MUTCD.
8. The Permittee shall be responsible at its own cost and liability
for providing security and protection during events, as
necessary,to protect against injuries to people, including death,
and theft, damage or loss to equipment, materials,
improvements and any other property, personal or real, during
the Term. The Permittee shall not allow any vehicle on the
Property that exceeds 10,000 pounds in weight.
% The Permittee's use of the Property shall not damage nor in any
way interfere with King County's use of the Property as a park
and ride lot or the use of the Property by transit passengers as a
park and ride lot. Permittee shall not use the driver comfort
station located on Lincoln Street, which is only for use'by King �-
County Metro Transit operators. The Permittee 'shall not have
the right to tow any King County Metro Transit passenger
vehicles which may still be using the Property during any Event.
10. Permittee shall undertake no activities inconsistent with the
terms of this permit on the Property without prior written
approval of the County.
g. Environmental Indemnification. The Permittee further agrees, for
itself, its successors and assigns, to defend, indemnify and hold
harmless the King County.from and against any and all environmental
problems, including the cost of defense related thereto, which arise
from, in connection with or incident to the acts or omissions of
Permittee, its appointed and elected officials, employees, agents and
contractors (hereinafter, "Permittee actors'j in the exercise of
Permittee's rights and privileges granted by this Permit or the
SPECIAL USE PERMIT- 7
Between King County&City of Kent Re;lames St.Park-n-Ride
Permittee's use of, or activities on, the Property or any surrounding_
— .. --.
King County—properly-,'By way of example only,the obligations of the
Permittee under this section shall include, but are not limited to, (a)
the cost of removing and disposing of any pre-existing Hazardous
Substances uncovered in the course of the activities by Permittee
actors under this Permit, related permit's or activities as may be
required by law; (b) the cost of taking necessary steps to comply with
and paying penalties assessed for failure to comply with the provisions
of any federal, state dr local environmental statutes, ordinances or
regulations. Futhermore, Permittee shall notify the King County Real
Estate Services Section Permit & Franchise Unit and any other public
agency as required by law, in the event the Permittee or its
contractors obtain knowledge of any environmental problems on the
Property, For purposes of this Permit, the term "environmental
problems"shall mean any claim, complaint, demand, action, cause of
action, suit, loss, contribution action, action by an instrumentality of a
federal, state or local government, cost, damage, fine, penalty,
expense,judgment or liability.of any kind which directly or indirectly
relates to noise or the existence, use, release, threatened release,
leakage, spillage, discharge, disturbance, dispersal, movement,
uncovering, treatment, handling, storage, transport, or disposal of
Hazardous Substance(s), whether in, on, into, onto or from soil,
surfaces, improvements, air,surface water, or ground water.
1. For the purposes of this Permit, "Hazardous Substances," shall
Include:
1. Any toxic substances or waste, sewage, petroleum
products, radioactive substances, heavy metals, medical,
corrosive, noxious, acidic, bacteriological or disease-
producing substances; or
ii Any dangerous waste or hazardous waste as defined in:
a. Washington Hazardous Waste Management Act as
now existing or hereafter amended (RCW Ch.
70.105); or
b. Resource Conservation and Recovery Act as now
existing or hereafter amended (42 U.S.C. Sec.
6901 et seq.) or
III. Any hazardous substance as defined in:
a. Comprehensive Environmental Response,
Compensation and Liability Act as now existing or
hereafter..amended (42 U.S.C. Sec. 9601 et seq. or
SPECIAL.USE PERMIT- B
Between King County&City of Kent Re:lames St.Park-n-Wde
b. Washington Model Toxics Control Act as now
existing or hereafter amended (RCW Ch. 70.10513);
or
iv. Any other pollutants, contaminants, substances, or
materials posing a danger or threat to public health or
welfare, or to the environment, which are regulated or
controlled by any federal, state and local laws and
regulations now-or hereafter amended.
2. The Permittee`s obligations contained in this Section g. shall
survive any termination or expiration of this Permit and any
subsequent transfer by King County of its interest in the
Property.
h. Permit Conditioned an ShoWare Center Day Use Parking
Agreement. This Permit Is issued expressly in consideration of the
agreement.of Permittee to issue County a special use permit granting
the County the right to use the ShoWare Center parking lot from 7:00
a.m. to S:30 p.m. daily, as overflow parking for the Maleng Regional
Justice Center; as further described In that certain Special Use Permit
for ShoWare Center Parking Lot Day Use, dated as of March 1, 2009
between Permittee and County (MRJC Parking Permit). In.the event,
for any reason whatsoever, the Permittee terminates the MRJC Parking
Permit, King County shall have the absolute right to terminate this I
Permit. Notwithstanding the Termination Notice provided in Section 1
above, King County may terminate this Permit to coincide with the
date that the Permittee terminates the MRJC Permit.
L Insurance Required. Permittee is a self-insured governmental
entity. Permittee agrees to maintain commercial general liability
insurance, including personal injury and property damage, in an
amount of at least one million dollars ($1,000,000.00) per occurrence.
This requirement may be satisfied by self-insurance (to be evidenced
by a letter from Permittee).
• P:\avll\Flles\OpenFllas\So>i\SpetlaWcepetmlbKenNselamesStParkNWdeAri009QFAN.doc
SPECIAL USE PERMIT- 9
Between King County&City of Kent Re:James 5t.Park-n-Ride
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_ 4'
KENT Agenda Item: Consent Calendar - 7R
TO: City Council
DATE: April 5, 2011
SUBJECT: Arco AM/PM Bill of Sale - Accept
MOTION: Accept the Bill of Sale for the ARCO AM/PM project for 158
linear feet of frontage improvements, located at 13054 SE Kent Kangley Road.
SUMMARY: The ARCO AM/PM Project - Permit #2090031 is located at 13054 SE
Kent Kangley Road.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Revenue
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
® ATTN:
KEN ^�' 220 — 4 TH AVENUE SOUTH
j
WASH i u ar Q H KENT, WASHINGTON 98032
Project: 4 rV1 ov,
Permit #: = U i t 3/
Location: l U i t, 5 Cc c r �[ �L<y dl. ✓�'
CITY OF KENT Parcel #:
FEB 2 5 it"I
BILL OF SALE
ENGINEERING DFPT CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this 3 day of P%v, 20 ( 1 by and between
, hereinafter called
"Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called
"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain„- sell to Grantee the following
described Improvements:
A. WATERMAINS•
Together with a total of gate valves at $ each, hydrants at
$ each and/or any other appurtenari'ces thereto.
ON FROM TO
(street, easement, etc.) j
` I
Including linear feet at $ per LF of
(size &type) waterline.
B. SANITARY SEWERS: r
Together with a total of manholes at $ each and/or any other appurtenances
thereto.
ON FROM TO
(street, easement, etc.),fl �
Including linear feet at $ per LF of
(size &type) sewerline.
Bill of Sale
1 of 5
C. NEW STREETS I�!
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
I
i`
Including linear feet at $ per LF of
(size &type) (improvement).
D. FRONTAGE IMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
16- !1-3 /
Including 15 ?( linear feet at $ 11? ' per LF ofrP
(size &type) 5r"dc �.lia e cb tr (Improvement).
(lot G Gjid C
E. STORM SEWERS:
Together with a total of manholes at $ /' each or total of catch
i
basins at $ each, LF of biofiltration swale or drainage ditch
with a total cost of $ I cubic feet of detention pond storage
with a total cost of $ and/or any other appurtenances thereto.
ON iROM TO
(street, easement, etc.)
PL
Including linear feet at`$ per LF of
(size &type) / sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the same Is free
from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in its utility system and to maintain them as provided In the applicable
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
Bill of Sale
2of5
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of E13 -' 20 LI
i
IN WITNESS WHEREOF, the undersigned has caused this Instrument to be executed on this
J
day of 20 if
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this 93" day of (-P6rd0PV 20 _L� , before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared r,1,Kk K 1,011d to me known to be the Individual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
Instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this (934'j day of fP6rud ri.J 20 t l .
No?ary Public Notary Public in for the State of
State of Washington Washington, residing at
BRAD V PAFYFR
My,Appointment Explres Oct 9, 20f2
My Commission Expires:
o C/ C!�
Bill of Sale
3of5
I
STATE OF WASHINGTON )
) SS
COUNTY OF KING ) 11__
On this day of F-e VJ un f y 20 _ , before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared 5ha' ti K621(d 14v501f-) and to me to be the
Seller and respectively of
the that executed the foregoing
instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said
per so'" for the uses and purposes therein mentioned, and on oath stated that '....
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary ublic in a for the State of
Wary Public. Washington, residing at
State of wa.l>!agio n
eBRAD M t,4LYER
Lpolrrtmeiit.
Expirs Oc 9, 2012 My Commission Expires: 7
n4 7 alg
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the day of
20
i
I
Bill of Sale
4of5
it
\S%7
0
WASNINOTQN
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for project
dated for the same said
project. 1 ,411- p 1471 5IE47 <2 L the undersigned
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and
is an employee of Co1vS61e- riAV 5 AFly,� uV4FAILs , the firm
responsible for the preparation of the record drawings.
I
Signature i+,LI • ••^c
(Engineer stamp required)
i
Bill of Sale
5of5
KENT Agenda Item: Consent Calendar - 7S
TO: City Council
DATE: April 5, 2011
SUBJECT: Estes Short Plat Bill of Sale - Accept
MOTION: Accept the Bill of Sale for the Estes Short Plat for 6 gate valves,
3 hydrants, and 813 linear feet of waterline; 4 sanitary sewer manholes, and
413 linear feet of sanitary sewer line; 460 linear feet of new street; 120 linear feet
of frontage improvements; 3 storm sewer manholes, 22 catch basins, 62,000 cubic
feet of detention pond storage and 1,770 linear feet of storm sewer line. Located
at 94th Avenue S. & S. 224th Street.
SUMMARY: The Estes Short Plat, Permit RECC-2063248 is located at 94th
Avenues S. & S. 224th Street. Parcel numbers 880240-0687, 880240-0688 and
880240-0689.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Revenue
MAIL TO:
CITY OF KENT '..
ENGINEERING DEPARTMENT
40 ® ATTN: Jim Ausburn-
,_�,�... 1L/' 220 — 4TH AVENUE SOUTH
KENT KENT, WASHINGTON 98032
WASHINGTON
Project: Estes Short Plat
ENGINE RING DEPT Permit #: RFCC-2063248
Location: 94th Avenue S. &S. 2241h Street
Parcel #: 880240-0667, 0688, -0689
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this day of August 2010, by and between
Garrison Reach I. LLC hereinafter called "Grantors", and City of Kent, a municipal
corporation of King County, State of Washington, hereinafter called
"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements:
A. WATERMAINS:
I
Together with a total of 6 gate valves at $ 800.00 each, 3 hydrants at
$ 3,800.00 each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
S. 2251h Street 94"Avenue S. 450'Easterly
94th Court S. S. 2251h Street 280' Northerly li
Including 813 linear feet at $ 34.00 per LF of 81,
(size &type) D.I. waterline.
B. SANITARY SEWERS:
Together with a total of 4 manholes at $ 2,600.00 each and/or any other appurtenances
thereto.
ON FROM TO
(street, easement, etc.)
S. 225`h Street 94th Court S. 941h Place S.
Bill of Sale
1 of 5 11792.033.doc
Including 413 linear feet at$ 30.00 per LF of 8"
(size &type) PVC sewerline.
C. NEW STREETS:
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
S. 2251h Street 94th Avenue S. - 94t" Place S.
Including 460 linear feet at$ 94.00 per LF of asphalt road
(size &type) 28'wide curb, outter, and sidewalk (Improvement).
D. FRONTAGE IMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
pN FROM TO
(street, easement, etc.)
941h Avenue S. S. 225th Street
Including 120 linear feet at $ 80.00 per LF of curb, gutter, asphalt & storm
drainage (size &type) 5'of asphalt street widening (improvement).
E. STORM SEWERS:
Together with a total of _ 3 manholes at $ 2,200.00 each and total of
22 catch basins at $ 900.00 each, 0 LF of biofiltration swale or
drainage ditch with a total cost of $ 62,000 cubic feet of
detention pond storage with a total cost of$ 65,000.00 and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
S. 2251h Street 94rh Avenue S. 941h Place S.
i
Including 1,770 linear feet at $ 25,00 per LF of storm drainage
pipe (size &type) 12" and 8" PVC sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free
from all encumbrances; that all bills for labor and materials have been paid; that It has the right to sell
the same aforesaid; that It will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in Its utility system and to maintain them as provided in the applicable
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
Bill of Sale
2 of 5 11792.033.doc
IN WITNESS WHEREOF, the undersigned has caused this Instrument to be executed on this
day of 20 / b
t
i
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of 20
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this �J� day of 20 before me, the
undersigned A Notary Publlii�c�in�and for the State of Washing n, duly commissioned and sworn, personally
appeared CQ to me known to be the individual described in and
who executed the foregoing Instrument, and acknowledged to me that he/she signed and sealed this
instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of—�'� 20 w
g.
ti ¢ Mary Public in and for the State of
Washington, residing at
�%".. .�'pig My Commission Expires:
I
Bill of Sale
3 of 5 11792.033.doc
i
i
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of 20 before me, the
undersigned A Notary Public in and for the State of Washington, duty commissioned and sworn, personally
appeared and to me to be the
and - respectively of
the that executed the foregoing
instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said Instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the State of
.Washington, residing at
My Commission Expires: I,
i
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the day of
I
20
it
Bill of Sale
4 of 5 11792.033.doc
40 del
\447 Ic F-1
WASH IN GTON
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for the Estes Short Plat project dated September
13, 2007, for the same said Estes Short Plat project. Hal P. Grubb, the undersigned
P.E. or land surveyor, is the person responsible for the preparation of the Bill of Sale and
is an employee of Barghausen Consulting Engineers, Inc. , the firm responsible for
the preparation of the record drawings.
V. GR
Signature
slam required) ® p� drys ;v
(Engineer p 9 ) � ��s ,n Sei R�
SAo eN � '
Bill of Sale
5 of 5 11792.033.doc
I
Kent City Council Meeting
Date: April 5, 2011
Category: Consent
1. SUBJECT: ESTES SHORT PLAT - ACCEPT
2. SUMMARY STATEMENT:
Authorization to accept the Bill of Sale for the Estes Short Plat project,permit 42003246,
for 6 gate valves, 3"liydrants, and 813 linear feet of waterline; 4 sanitary sewer manholes,
and 413 linear feet )f'sanitary sewer line; 460 linear feet of new street; 120 linear feet of
frontage improvements; storm sewer manholes, 22 catch basins, 62,000 cubic feet of
detention pond storage, and\1770 linear feet of storm sewerline.
3. EXHIBITS: Bill of Sale \
4. RECOMMENDED BY: Public Works Dird for
(Committee, Staff, Examiner, Commission, et
5. FISCAL IMPACT:
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount
6. CITY COUNCIL ACTION:
Councihnember moves, Councilmember seconds
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DISCUSSION:
i
ACTION:
Council Agenda
Item No.
Z KENT
HA r Agenda Item: Bids - 9A
TO: City Council
DATE: April 5, 2011
SUBJECT: S. 277th ValleyCom Fiber Optics Interconnect Agreement -
Accept
MOTION: Move to award the S. 277th Street ValleyCom Fiber Optics
Interconnect contract with Robinson Brothers Construction in the amount of
$201,997.94 and authorize the Mayor to sign all necessary documents, subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: The bid opening for this project was held on Tuesday, March 8, 2011
with six (6) bids received. The low responsive bid was submitted by Robinson
Brothers Construction in the amount of $201,997.94.
EXHIBITS: Public Works Memo dated 3/8/11
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Grant Funded - 2010 COPS Grant up to $150,000 of eligible
costs. Remaining cost to be paid by Valley Cities Consortium per Interlocal
Agreement - to Council for Approval on April 5, 2011.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
KENT Address: 220 Fourth Avenue S.
W A S H I N c 7 o N Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: March 8, 2011
TO: Mayor Cooke and Kent City Council
FROM: Tim LaPorte, P.E. Public Works Director
RE: S. 277th Street ValleyCom Fiber Optics Interconnect
Bid opening for this project was held on March 8, 2011 with six (6) bids received.
The low responsive bid was submitted by Robinson Brothers Construction in the
amount of $201,997.94. The Engineer's estimate was $255,293.78. The Public
Works Director recommends awarding this contract to Robinson Brothers
Construction.
Bid Summary
1. Robinson Brothers Construction $201,997.94
2. South Bay Excavating $257,129.93
3. Totem Electric $258,081.36
4. Transportation Systems $267,400.81
5. Canon Construction $287,264.60
6. * Prime Electric $199,058.71
* Non-responsive bid. Contract awarded to second low bidder.
Engineer's Estimate $255,293.78
REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
KENT
WASHINGTON
OPERATIONS COMMITTEE MINUTES
March 1, 2011
Committee Members Present: Debbie Raplee, Les Thomas (Chair), Dennis Higgins,
filling in for Jamie Perry.
The meeting was called to order by L Thomas at 4:01 p.m.
1. APPROVAL OF MINUTES DATED FEBRUARY 15, 2011
D Raplee moved to approve the Operations Committee minutes dated
February 15, 2011. D Higgins seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED FEBRUARY 15, 2011
D Higgins moved to approve the vouchers dated February 15, 2011. D Raplee
seconded the motion, which passed 3-0.
3. RECOMMEND THAT THE MAYOR SIGN THE AGREEMENT AMONG VALLEY
COMMUNICATIONS CENTER AND KENT FIRE DEPARTMENT REGIONAL FIRE
AUTHORITY AND THE CITY OF KENT, SUBJECT TO APPROVAL OF FINAL
TERMS AND CONDITIONS BY THE CITY ATTORNEY.
Pat Fitzpatrick, Deputy City Attorney, was presenting in Tom Brubaker's absence. This
agreement among the Valley Communications Center ("VCC"), Kent Fire Department
Regional Fire Authority ("KFDRFA"), and the City of Kent supplements and amends the
rights and obligations between the city and VCC only as it pertains to the KFDRFA.
This agreement states that VCC will provide fire and emergency medical dispatch services to
the city and KFDRFA pursuant to the VCC member city interlocal agreement. The KFDRFA
will receive the funding member rate. If the KFDRFA governing board chooses to have an
elected board versus the half city half Fire District, the member rate would potentially not be
given.
Pat explained this motion is now coming to Committee rather than back in July when the
KFDRFA was formed because the KFDRFA, being such a new entity and that the process
includes three separate governing entities (City of Kent, KFDRFA Board and VCC Board, has
been in negotiation up to this time.
D Raplee recommends that the Mayor sign the agreement among Valley
Communications Center and Kent Fire Department Regional Fire Authority and the
City of Kent, subject to approval of final terms and conditions by the City Attorney.
D Higgins seconded the motion, which passed 3-0.
4. MOVE TO RECOMMEND CITY COUNCIL TO AUTHORIZE THE MAYOR TO
APPROVE A PURCHASE ORDER WITH ASTRAL COMMUNICATIONS COMPANY
IN THE AMOUNT NOT TO EXCEED $110,858.88, INCLUSIVE OF APPLICABLE
STATE TAXES.
The Information Technology Department is looking to purchase 60 Sierra Wireless Pinpoint X
mobile routers to replace the Police Department's Motorola RD-LAP systems. The routers will
provide delivery to and from mobile units for Police CAD data. The Motorola's are being
replaced because the units are at "end of life" and not supported any longer. We are
Operations Committee Minutes
March 1, 2011
Page: 2
putting parts in them to keep them running. In addition, the City has been given a deadline
from Valley Communications to be off the particular units by the end of May.
These funds are budgeted in the 2010 Information Technology Plan as adopted by council in
December of 2009. Those funds carry over each year and IT budgets out each year what
they are going to do based on the Plan.
D Higgins moved to recommend City Council to authorize the Mayor to approve a
purchase order with Astral Communications Company in the amount not to exceed
$110,858.88, inclusive of applicable state taxes. D Raplee seconded the motion,
which passed 3-0.
S. FINANCIAL REPORT FOR THE MONTH OF JANUARY 2011. NO ACTION
TAKEN, INFORMATION ONLY.
Bob Nachlinger, Finance Director presented the January 2011 financial report.
Bob summarized the highlights of January, which are that Sales and Utility taxes are up
from last year even with the absence of the phone revenue. The lowlights are that Building
Permits are off 30% of the projected budget, Plan Check fees are at 50% of projected
budget or $55,000.00 lower than anticipated, and Recreation Fees are off 40% or
$66,000.00 below budget. Water, Sewer and Drainage are coming in over budget.
We are still waiting to do the final close for year end. Bob anticipates closing February of
2011 on March 91h. It will be March 14 before he does the final close on 2010.
Referring to the fold out sheets, Bob commented the last four-year January comparisons are
on a number basis and with the departure of the fire Department, on a dollar basis, the
numbers are skewed. However, when comparing actual revenue and expenditures to our
budget, revenues for January as a percent of budget are up 1.4% from previous year and
higher than any of the three previous years. On the Expenditures side of the budget, our
total expenditures are 2% better than last year and lower than any previous years. We are
$2.2 million better than 2010.
The close of the February Report should be available to council the first meeting in April
along with the year-end close numbers.
Retail for Kent was $190,000 better than last year; maybe not up to expectation, but better.
The meeting was adjourned at 4:20 p.m. by L Thomas.
��✓/I�,�� 1, �f�.
Pamela Clark
Operations Committee Secretary
y
4900 City of Kent
Y
KENT Parks and Human Services Committee
"�TG" Meeting Minutes of February 17, 2011
Council Present: Dennis Higgins, Elizabeth Albertson, Les Thomas sat in for Debbie
Ranniger. Dennis Higgins chaired the meeting.
Call to Order: Dennis Higgins called the meeting to order at 5:03 p.m.
I'
1. Minutes of January 20, 2011 - Approve
I
Les Thomas moved to approve the minutes of January 20, 2010.
Elizabeth Albertson seconded. The motion passed 3-0.
2. 2010 Consolidated Annual Performance Evaluation Report - Approve
Dinah Wilson reported that the 2010 Consolidated Annual Performance and
Evaluation Report (CAPER) for the City of Kent, Washington is an annual report
required by the U.S. Department of Housing and Urban Development (HUD) on
the City's activities and accomplishments using the Community Development
Block Grant (CDBG) and other funds. In 2010, HUD allocated $848,557 in
CDBG funds to the City. An additional $821,869 in funds allocated from the
City's General Fund budget was used in conjunction with CDBG funds to
provide for a wide range of human services and affordable housing needs. The
CAPER includes information on how CDBG funds were used to further the goals
and strategies of the Consolidated Plan, what the outcomes were, as well as
other activities executed by the City.
Elizabeth Albertson spoke of the Mobile Medical van and the Mobile Dental van
that provide services throughout the community.
Dennis Higgins complimented the thoroughness of the report and a joy to learn
what we do with the CDBG funds. He remarked on the current threat to these
funds and made a personal plea that these are important funds that are well
used by the city and hopes that Congress sees fit to continue these programs.
Jeff Watling shared that Mayor Cooke forwarded on to our Federal delegates a
letter that was composed by staff that speaks to the investments we have
made to the community with these funds.
Elizabeth Albertson moved to recommend approving the 2010
Consolidated Annual Performance and Evaluation Report and
authorizing the Mayor to submit the report to the Department of
2/17/11 Meeting Minutes
Page 1
Housing and Urban Development. Les Thomas seconded. The motion
passed 3-0.
3. 2011 City Art Plan and Five Year Plan - Approve
Cheryl dos Remedios explained details of the City Art Plan projects for 2011
and art expenditures planned for 2011-2015, as part of the 5 year plan. The
Visual Arts Committee worked with staff to craft the plan which was approved
by Kent Arts Commission on November 30, 2010.
l
Cheryl explained that, as outlined in the Art Plan, most of the funding is
dedicated towards bringing more public awareness to the public art we
currently have. The City was fortunate to receive two grants related to
Earthworks that will support numerous projects on the list from last year
related to projects that enhance programs to be completed this year. In
addition, some planning around park improvement projects is being done.
Cheryl detailed the new projects in the City Art Plan:
Earthworks Greenway Art Plan. Parks Planning is leading a Master Plan project
for the Earthworks Greenway. A Planning Artist would be hired to participate in
the Design Team process, identifying opportunities for landscape oriented
artwork interventions. Staff agree that integrating art into the greenway was a
high priority of future storm water and recreational planning. A focus of the
artist's work will be the relationship between the park and connections to the
surrounding community.
Cheryl clarified that the money will be used to integrate how artwork would be
integrated into the park through a collaborative spirit that was brought to the
park initially.
Jeff shared that the Earthworks Master Plan was identified in the 2011 budget
and the goal is to open up the campus and 1 1/2 mile long greenway and
connect East Hill with downtown. The Request for Proposals for will go out in
March, with selection by the end of March.
Earthworks Bicycle Tour Artwork, Parks Cultural Division is leading a cultural
tourism project that provides bicycle access to the Green River Earthworks.
Multiple, small-scale sculptures and/or other artistic expressions will be located
at key points along the bicycle route to increase public use and help with
way-finding.
In 2010, the Kent Cultural Division received a $25,000 grant from the National
Endowment for the Arts to create a bicycle tour that connects four properties
that stretch from Tukwila and Renton to show a regional approach. With the
closing of the Green River Trail for bicyclists for the next 4-5 years, this tour
2/17/11 Meeting Minutes
Page 2
offers an alternative, destination-based route and encourages cultural tourism
and highlight these artistic solutions to storm water management. Jeff added
that these four sites stretch from Tukwila to Renton to encourage bicycle use.
This represents connectivity throughout the valley, along with way-finding
stations through downtown.
Elizabeth Albertson pointed out the link to the Communities Putting Prevention
to Work (CPPW) grant the City is using to encourage health, fitness and better
connectivity within the City.
Panther Lake Fiber Art Program. Fiber arts (fabric, beadwork, knitting) are
practiced and appreciated across diverse cultures. This project would create a
partnership between community artists and a professional textile artist with the
intent of validating artistic traditions and creating entrepreneurial opportunities.
With the annexation of Panther Lake, Kent is now home to the three largest
King County Housing Projects. This project would take place at Cascade, which
has a large immigrant population. The goal would be to bring people together
from differing backgrounds in a partnership between the Cultural Division and
Housing & Human Services Division.
Park Orchard Art Plan. Parks Planning is leading a Master Plan project for Park
Orchard Park. A Planning Artist would be hired to participate in the Design
Team process, identifying opportunities to connect Park Orchard Elementary to
the park.
Artist Designed Interpretive Signage. Many of our parks have historic
significance, including Van Doren's and Lake Meridian and this project would
inform the community of Kent's past. Additionally, much of the City Art
collection is unmarked. Working with local historians, an artist would be hired
to research locations; create a "look and feel" for historic and public art
signage; fabricate and install the first phase of signage projects.
Youth Training Artwork. Artwork fabricated and installed by Kent youth. Youth
to work with professional teaching artist and potentially a local artisan.
In 2009, the King County Youth Training program partnered with the Kent
Resource Center and Kent Arts Commission to create murals on the East Hill
and at Glenn Nelson Park, led by teaching artist Louis Chinn. The program was
repeated at Kent Meridian High School in 2010. We plan to repeat this project
at a new location in 2011.
Portable Collection Purchases. Purchase quality artworks from area artists that
enhance the value of the City Portable Art collection. The artworks are
exhibited in publicly accessible areas of City facilities.
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Page 3
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Collection Maintenance and Programming. Projects in-progress include outdoor
sculpture maintenance and collection repair. This fund may be used for
maintaining and providing programming for existing artworks.
Community Park Reinvestment Program. The Parks Master Plan is focused on
rehabilitation and reinvestment in aging parks. This funding would be available
to create "place making" amenities at parks.
The amount of $30,700 was previously designated for Clark Lake Park.
Development has slowed for a variety of reasons, so the amount is being made
available to other parks such as Tudor Square and Seven Oaks as
redevelopment moves forward in 2011 and 2012.
Earthworks Interpretive & Public Access Program. Provide audio podcasts;
provide interpretive signage onsite; provide activities and programs during the
National Endowment for the Arts inaugural bike ride.
Cheryl commented that Tudor square and Seven Oaks Parks projects are part
of the park reinvestment effort to restore aging parks. Funds from projects
slowed at Clark Lake Park. Staff is looking at public outreach in both parks. The
dollar amounts don't appear on the original plan, but are listed under
previously approved projects in 2010.
Les Thomas asked about the Danny Pierce mural that is gone from the building
bordering Kent Kherson Park. Cheryl explained that the building is privately
owned and the owners didn't want to pay to refurbish the mural. Staff have
been working with the community leaders who are restoring Danny Pierce
murals. They are hoping to continue this work and will keep that wall in mind.
The new murals are portable.
Dennis Higgins added that the city passed an Ordinance in 1985, for a $2 per
capital tax to allocate towards the arts.
Les Thomas moved to recommend Council approve the 2011 City Art
Plan and Five Year Plan. Elizabeth Albertson seconded. The motion
passed 3-0.
4. Communities Putting Prevention to Work Grant Budget Amendment -
Authorize
Jeff Watling reminded the Committee of the $180,000 grant awarded to Kent
by the Seattle/King County Health Department under the Community Putting
Prevention to Work (CPPW) grant program. Grant funds are designated to
complete bicycle pedestrian connectivity planning, analyze options to increase
access to healthy food, and implement nutritional standards within City
facilities. This amendment reallocates funds that were not used in 2010 and
2/17/11 Meeting Minutes
Page 4
carries them over to use in 2011 & 2012.
A large public advisory committee will be created to engage the public in this
endeavor. Staff is in the process of developing the application process. An
information meeting will be scheduled for early March with meetings beginning
in April. A public outreach will be created and hosted by the advisory
committee and City staff. An internal working group has been created,
consisting of staff from Parks, Public Works and Planning. The success of this
program is going to be creating a vision of what connectivity looks like, as well
as creating some new internal relationships and processes as we integrate that
connectivity.
Dennis Higgins spoke of the awareness already in the biking community and
the interest a citizen shared with him wanting to participate on the advisory
committee. Elizabeth Albertson referenced the provision for encouraging more
community gardens, access to gardens, and healthy eating habits and those
are items discussed at the Council's two day work sessions in February.
Elizabeth Albertson moved to recommend authorizing the Mayor to
sign the Budget Amendment to the Communities Putting Prevention to
Work Grant Agreement and approve the expenditure of the funds in
accordance with the grant agreement. Les Thomas seconded. The
motion passed 3-0.
5. 2011 King County ASA Umpires Association Agreement - Authorize
Lori Hogan explained that participating teams in the Adult Softball Program
annually select their preferred umpires association to provide umpire coverage
for league play, Each year up to 180 teams will play in league games covered
by the King County ASA Umpires Association. As a result, the 2011 contract will
likely exceed $25,000.00 and requires Council approval. All costs for this
program are covered by participant fees.
Les Thomas moved to recommend authorizing the Mayor to sign the
King County ASA Umpires Association Agreement for the 2011 season.
Elizabeth Albertson seconded. The motion passed 3-0.
6. 2011 Washington State Slo-Pitch Umpires Association Agreement -
Authorize
Lori Hogan reported that participating teams in the Adult Softball Program
annually select their preferred umpires association to provide umpire coverage
for league play. Each year, up to 180 teams will play in league games covered
by the Washington State Slo-pitch Umpires Association Agreement. As a result,
the 2011 contract will likely exceed $25,000.00 and requires Council approval.
All costs for this program are covered by participant fees.
2/17/11 Meeting Minutes
Page 5
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Elizabeth Albertson moved to recommend authorizing the Mayor to
sign the Washington State Slo-pitch Softball Umpires Association
Agreement for the 2011 season. Les Thomas seconded. The motion
passed 3-0.
7. Director's Report
Resource Center
As part of the budget reductions in 2010, the Resource Center was closed.
All programs and services were consolidated to the Kent Commons. As a
result, $200,000 was reduced from the adopted budget. The primary costs
that made up the reduction were the building allocation costs of $111,500
and staffing reductions associated with the consolidation at $85,000.
Currently, there is no building cost allocation to the Resource Center. The
Facilities Division manages that space as a mothballed facility. The building
is heated at a minimum level to protect the asset. It is in no way currently
funded/supported as an opened and operational pubic building.
In recent months, a variety of interested parties have asked about possible
use of the Resource Center. The City needed to decide what to do with the
Resource Center. The following options initiated discussion of the center's
future and an opportunity to weigh the pros and cons of each path forward.
Given the current fact that no facility costs are allocated to that building,
the options are divided into two categories.
Category 1: Options that can be pursued within the current budget.
Option A: Lease the building to a tenant at market rate. Initiate an RFP process
that finds the best sustained tenant that can operate independently of City
operational support.
Option B: Surplus the building and sell it.
Category 2: Options that would require an amendment to the 2011 budget
for allocating funds to that building.
Option C: Lease the building to a community service oriented tenant. Initiate an RFP
that identifies criteria for selecting the highest rate community-based partner.
Option D: Operate the building as a Center for multiple community groups to share.
Each group having office space, then sharing the program space in a coordinated
manner.
2/17/11 Meeting Minutes
Page 6
The Committee spoke of the history of the building and reiterated that the City
didn't want to, but chose to shut down the Resource Center building and move staff
to Kent Commons because of the budget deficit. That consolidation allowed Parks to
preserve other jobs and services and saved the City $200,000 per year. Jeff led
discussion on the options. Since a number of groups have contacted the City and
are interested in leasing the building, an RFP will advertised sometime in March.
S. Director's Report
Suzanne Vega Outreach
The Kent Arts Commission's "Spotlight Series" hosted a performance by
Grammy Award-winning singer-songwriter, Suzanne Vega. While here, Ms. Vega
presented a very successful educational outreach activity to 38 students and 10
staff at Kent-Meridian High School. The hour-long session focused on creative
writing and song-writing, the music business, and how to define and develop
your artistic vision and voice. Kudos to Ronda Billerbeck, Manager of Cultural
Services for this outreach opportunity and many thanks to the Arts Commission
for their support. There were stories shared by participants of how Ms. Vega's
music positively impacted on their lives.
Upcoming Events
Handsome Little Devils
When: Saturday, March 12
Time: 3:00 p.m.
Location: Kent-Meridian Performing Arts Center
Tickets: $18 general, $16 senior, $12 youth
Alpin Hong
When: Friday, March 18
Time: 7:30 p.m.
Location: Kent-Meridian Performing Arts Center
Tickets: $26 general, $24 senior, $20 youth
Mr. Hong has scheduled four outreach programs within the Kent School District.
Plant the Planet
Kent's award winning youth tree education program begins its 11`h year on
March 1, and runs for five weeks through March 31. Over 1,900 of the available
bare root plants have already been committed. Staff will be visiting 18 schools
and assist 2,040 kids in planting their own native tree or shrub (the goal this
year is 2,011 plantings).
Rebecca Alstrom, President of the Kent Community Foundation attended the
meeting and was recognized for their donation of $1,000. The money will be
used to support the printing of Plant the Planet instructional pamphlets that are
given to each student, along with their seedling.
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2/17/11 Meeting Minutes
Page 7
Vision/Strategies
Jeff is meeting with all the work groups in the deparatment to share the Vision
and Strategies that were developed at the City Council Retreat in early
February.
Safe Havens
Safe Havens, now known as Safe and Sound is open and operating under Sound
Mental Health. Supervised visitation for families and kids has been a very
important service and staff will find a way through this non-profit agency to
further the program.
You, Me, We Event
The You, Me We event is Friday, February 18, at ShoWare from 6:00 p.m. to
9:30 p.m. It will have an indoor street fair feel with 42 vendors participating.
Hats off to Lori Hogan, Julie Stangle and the Youth/Teen staff for putting on this
community event.
Dennis complimented staff for reaching out and working with the youth
community.
Les Thomas shared his appreciation of staff working toward park land acquisition
in the new Panther Lake annexation area.
Dennis Higgins adjourned the meeting at 6:00 p.m.
Respectfully Submitted,
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Council Committee Recorder
2/17/11 Meeting Minutes
Page 8
KENT
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
JANUARY 24, 2011
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger.
Chair Perry called the meeting to order at 5:00 p.m.
1. Approval of Minutes
Councilmember Ranniger MOVED and Councilmember Albertson SECONDED a Motion
to approve the December 13, 2010 Minutes. Motion PASSED 3-0.
2. Update on Traffic Impact Fees (TIFs) Implementation and Recommendations
Economic and Community Development Director Ben Wolters stated that the first part of
staff's presentation analyzes fees and charges related to new development and includes a
conceptual comparison with other cities as requested by the City Council, Kent Downtown
Partnership and the Kent Chamber of Commerce.
Wolters addressed issues raised with respect to Kent's fee structure. Wolters explained how
revenues collected from Kent's fee base are used to make improvements primarily to the
transportation infrastructure that connects Kent to the rest of the region.
Wolters stated that Kent increased drainage fees in response to the threat Kent faces with the
City's declining levy system that needs maintenance and upgrading to new Federal Standards.
Principal Planner, Matt Gilbert presented an analysis that addressed the issue of
competitiveness, illustrating how cities differ in the way they assess fees to permits and
collect money for the various services they provide.
Gilbert addressed the misleading language in the TIF ordinance recommending amending the
change of use language to state: "as long as the land use category where the use is located is
not changing no TIF will be required". Gilbert addressed the circumstances under which TIFs
would apply.
Gilbert stated that staff recommends adding language to the TIF ordinance clarifying that 'TIF
is not required when an Environmental Mitigation Agreement (EMA) is already in place".
Public Works Director Tim LaPorte stated that the City is faced with determining if existing
projects were qualified by SEPA or by issuance of their building permit. He stated that the
EMAs were created specifically for construction of the cross valley corridors.
City Attorney Tom Brubaker stated once the TIFs were enacted, the City no longer required
EMAs under SEPA for new development. For projects moving forward from today, there will be
no EMAs assessed except for the 1961h Street corridor east leg. Brubaker stated that the City
is in the processing of clearing up historical properties that underwent SEPA review at the
time those subdivisions were applied for.
Gilbert stated that staff recommends increasing the 3-year grace period credit in vacant
buildings to 5-years. Gilbert said that this recommendation applies only to empty commercial
buildings. Wolters addressed the impacts of vacant buildings on marketplace competitiveness.
Gilbert spoke about the annual fee increase escalator that the ordinance provides for. He
stated that City Council may wish to review those fees annually along with the budget rather
than allow automated fee increases. Gilbert addressed the issue of exempting uses, stating
that staff is recommending no direct action on exempting any specific use.
Gilbert addressed the justification for allowing lower rates in the downtown area referencing
the ordinances rate study. He cited RCWs 82.02 which states that TIFs must be used only to
accommodate increased capacity in the transportation system.
Andrea Keikkala, Executive Director, Chamber of Commerce, 524 W. Meeker, Suite 1, Kent,
spoke in support of staff's recommendation to add language to clarify what constitutes
change of use and supports raising the threshold on vacant buildings from 3 to 5 years.
Keikkala recommended that vacant buildings be exempted from the TIF for an additional 3
years or until they are occupied to promote development and eliminate the blight of existing
vacant buildings. She stated that she supports a recommendation to eliminate TIFs.
Keikkala spoke in support of an amendment requiring Council action to raise the TIF and
examine the financial liability of these fees on a yearly basis. Keikkala recommended that fee
collection should be spread out over several years to ease start up costs for new businesses.
Tom Sharp, PO Box 918, Maple Valley, spoke about the unintended consequences resulting
from the adoption of the TIF Ordinance. He suggested that Council consider establishing a
group of 7 people comprised of staff, the business and development community to evaluate
the TIFs Ordinance and report back to the Committee within 90 days.
Sam Pace, Association of Realtors, 29839 1541h Ave SE, Kent stated that there is a perception
that Kent is a high cost area relative to other jurisdictions related to TIF. The public
perception is that Kent's TIF is costing opportunities for new private sector jobs. Pace spoke
in support of a C of C recommendation that the City prioritize their list of transportation
capital improvement projects in a way that recognizes the economy we have including limited
private sector access to both equity capital and debt financing.
Greg Haffner, Curran Law Firm, 555 W Smith, Kent, spoke on behalf of the Kent Downtown
Partnership (KDP). He voiced support of the Chamber of Commerce's position. He stated that
the City should reevaluate the projects generating the need for TIFs and eliminate some of
those projects. Haffner recommended a broader based development tax and eliminating TIF.
He voiced support for a 5 year grace period for vacant buildings.
Council members Perry, Ranniger and Albertson supported staff's recommendations for;
Options A & B on Change of Use, for TIF vs. EMA, supported raising the validity period to five
(5) years, supported suspending the fee rates increases via the escalator clause in lieu of
requiring that Council review those fees annually as part of the budget and agreed that there
should be no action taken with respect to daycares.
The Committee Members concurred that a task force should be established to consider the
city's overall transportation funding and to review the 30 proposed projects with consideration
towards reducing the number of those projects. Councilmember Perry stated that she
recommends rejecting the TIF with Council members Albertson and Ranniger concurring.
Wolters addressed the feasibility of collecting TIF payments over the course of several years
and spoke about the use of Local Improvement District (LID) fees.
Wolters stated that a focus group needs to look at how the City funds transportation
requirements and at mechanisms that would allow for the collection of those funds over time.
Councilmember Perry requested that staff convey their recommendations on to the Public
Works Committee at their next meeting through a memo.
For Information Only
3. Economic Development Report
Economic and Community Development Director Ben Wolters stated that a significant
distributor proposes doubling their facility's size from 250,000 sf. to 500,000 sf.
Wolters stated that a Committee has reviewed and chosen 3 proposals for the City garage
site. Staff will bring a recommendation to the ECDC upon completion of John Hodgson and
Mayor Cooke's review.
For Information Only
Adiournment
Councilmember Perry Adjourned the Meeting at 6:40 p.m.
Pamela Mottram, Economic & Community Development
Committee Secretary
ECDC Minutes
January 24,2011
Page 2 of
PUBLIC WORKS COMMITTEE
Minutes of Monday, March 7, 2011
COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis
Higgins were present. The meeting was called to order at 4:05 p.m.
ITEM 1 — Approval of Minutes Dated February 28, 2011:
Committee Member Harmon MOVED to approve the minutes of February 28,
2011. The motion was SECONDED by Higgins and PASSED 3-0.
Item 2— Right of Way Dedication — Guiberson Corrosion Control Facility:
Utility Engineer, Dave Brock explained that additional right-of-way for Kennebeck Avenue
across the frontage of the new Guiberson Corrosion Control Facility is necessary for the
project. The dedication of this narrow strip of City-owned land addresses this need.
The new treatment facility, which is located northwest of the existing facility, abuts
Kennebeck Avenue on Scenic Hill. The City has owned this parcel for close to 100 years.
Presently the parcel of land is vacant. Historically the parcel was used for an open air
reservoir which was built around 1915 and demolished in the early 1970's. The
treatment facility project will remove existing concrete from the parcel, and the parcel
will house a pH adjustment facility to treat the effluent of water from the Guiberson
Reservoir. The treatment facility is necessary because we are now mixing water with the
City of Tacoma's water.
Higgins MOVED to recommend Council authorize the Mayor to sign necessary
documents to dedicate a portion of City-owned property in connection with the
Guiberson Corrosion Control Facility as right-of-way, subject to terms and
conditions acceptable to the City Attorney and the Public Works Director. The
motion was SECONDED by Harmon and PASSED 3-0.
Item 3— Puget Sound Energy (PSE)/Easement — Guiberson Corrosion Control
Facility:
Utility Engineer, Dave Brock explained that the City is in the process of constructing
improvements to the Guiberson Corrosion Control Facility located in the Scenic Hill
portion of the City. As part of constructing the new facility, power service needs to be
installed to this facility. An easement to Puget Sound Energy is necessary to install new
equipment to provide electrical service to the facility.
Harmon MOVED to recommend Council authorize the Mayor to execute the
necessary documents to grant Puget Sound Energy an easement across a
portion of City-Owned property in connection with the Guiberson Corrosion
Control Facility, subject to terms and conditions acceptable to the City Attorney
and the Public Works Director. The motion was SECONDED by Higgins and
PASSED 3-0.
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PUBLIC WORKS COMMITTEE
Minutes of Monday, March 7, 2011
Item 4 Contract with Noel Inc. - Green River Flood Protection Engineering
Services:
Environmental Engineering Manager, Mike Mactutis explained that the City is working on
a number of projects along the Green River which involve flood protection and ecosystem
restoration. Public Works has found that hiring certain retirees is advantageous to the
department because they provide invaluable experience.
Noel Gilbrough retired from the Army Corps of Engineers in 2009 with over 35 years
experience. Noel knows the Corp of Engineers and federal process very well and has
been a big help with the Green River Levee flood control projects, the City's FEMA
certification efforts, and the Green-Duwamish ecosystem restoration projects. The new
contract is for services through 2011 to help with four east side certification requests and
ecosystem restoration projects (Lake Meridian Outlet and Riverview Park).
Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with Noel Inc. for Engineering Services related to Green
River Levee Certification and related work in an amount not to exceed $22,100
subject to terms and conditions acceptable to the City Attorney and Public
Works Director. The motion was SECONDED by Harmon and PASSED 3-0.
Item 5 - Sewer Latecomer Agreement/Panther Lake Elementary School:
City Engineer, Chad Bieren stated that the Kent School District opened the new Panther
Lake Elementary School in September 2009 on S. 2161h Street. The City required the
District to connect the new school to the nearest sewer line, which is located on 981h
Avenue S. - roughly 1,700 feet away. The cost of the new sewer line was $433,581.97
and was part of the total cost to construct the school.
The sewer main is now owned by the City; the Latecomer Agreement would allow the
School District to recuperate up to $274,752.88 of the original cost to construct the new
line. Reimbursement would come from fees charged to neighboring property owners that
make connections to the new sewer line over the next 20 years.
Most of the adjacent homes in this area are sewered. Higgins asked how much of the
City is still on septic. LaPorte said approximately 5% of the City - Derbyshire, a
neighborhood southeast of Lake Meridian, a few pockets in the Panther Lake annexation
area, and a few areas on the west hill between I-5 and Highway 99.
Harmon MOVED to recommend Council authorize the Public Works Director to
sign the Sewer Latecomer Agreement with the Kent School District for the
Panther Lake School sewer extension, subject to terms and conditions
acceptable to the City Attorney and the Public Works Director. The motion was
SECONDED by Higgins and PASSED 3-0.
Page 2 of 5
PUBLIC WORKS COMMITTEE
Minutes of Monday, March 7, 2011
Item 6 — Ordinance to Revise Parking Code:
Transportation Engineering Manager, Steve Mullen stated that he was asked to explore
the issue of motorists parking cars on the newly constructed Safe Walking Routes to
School routes. The new asphalt pathways are located along SE 2481h Street from 1091h to
1161h and along 1161h Avenue S. from 2481h to 2561h. Mullen recommends revising the
"No Parking Zones" Ordinance to prohibit parking along the south side of SE 2481h from
1041h to 1161h and along 1161h Avenue S. between 2481h and 2561h
Higgins asked if the north side of 2481h, east of Daniel Elementary was included in the
revised zone. Mullen stated that the walking route is entirely on the south side, and the
north side, easterly end is offset more from the roadway, so not likely to encourage
parking. However if the north side becomes a problem, he will come back to amend the
Ordinance and include the north side.
Harmon MOVED to recommend Council amend Section 9.38.020 of the Kent City
Code, entitled "No Parking Zones," to add No Parking Zones along Southeast
2481h Street and 1161h Avenue South, subject to terms and conditions acceptable
to the City Attorney and the Public Works Director. The motion was SECONDED
by Higgins and PASSED 3-0.
Item 7 — Information Only/Kent Kanaley Pedestrian Safety Grant — 1041h Ave.
SE to 1241h Ave. SE:
Transportation Engineering Manager, Steve Mullen stated that the City was invited to
apply for a Washington State Department of Transportation (WSDOT) Pedestrian Safety
Grant. WSDOT identified corridors that had high incidents of pedestrian and bicyclists
collisions. The area identified for Kent was Kent Kangley Road from 1041h Avenue to
1241h Avenue. Recipients of the grant will not be announced until June or July of this
year, but Kent is ranked third out of 39 applicants, and was informed that we were most
likely to receive the grant. This is under the assumption that the State Legislature will
fund this program this year. No match is necessary.
Senior Transportation Planner, Cathy Mooney explained the details of the proposed
improvements and strategies through an informative PowerPoint Presentation. The grant
requires Education, Enforcement, and Engineering components to reduce the liklihood of
collisions which Cathy covered in her presentation.
Education Component:
• A pedestrian safety campaign
• A pedestrian safety video for TV21 &website
• Poster, brochures and promotional items
• Walking Ambassadors
Enforcement Component:
• City's Traffic Enforcement Unit
• "Directed" pedestrian enforcement patrols
Engineering Component:
• Restripe crosswalks and stop bars
• Upgrade curb ramps to ADA standards
Page 3 of 5
PUBLIC WORKS COMMITTEE
Minutes of Monday, March 7, 2011
• Upgrade pedestrian signals to countdown message modules and ADA-standard push
buttons
• Inventory and upgrade pedestrian signs
• Add two new pedestrian crossings with Rectangular Rapid Flashing Beacons and
median refuge islands
Higgins inquired if there is the ability to add bike safety as part of the education
component. Mooney stated this was not a bike route, however we can add as part of the
every day education to "be safe out there".
Staff time invested in the grant application is not reimbursable.
Information Only/No Motion Required
Item 8 — Information Only/Ouiet Zone - Update:
Public Works Director, Tim LaPorte stated that staff is committed to keep Committee and
Council updated on this topic. Transportation Engineering Manager, Steve Mullen said
that they have been investigating what other cities and counties have done and he has
attended a couple of workshops and talked to several different agencies who have
implemented a quiet zone or wayside horns. He has also talked locally to Steilacoom,
Tacoma, and Sound Transit who is currently installing wayside horns to help facilitate a
quiet zone in a new section of the City of Tacoma who is extending their Sounder service
to the City of Lakewood.
Also, staff has a Request for Qualifications that is currently advertising. This process will
look at different consultants and vendors who have ideas, and Mullen has been contacted
by several of them. He has found the exchange to be very helpful, with a lot of interest
expressed. The next steps is to review the proposals received and figure out what might
best apply within our community, explore funding, and where to go from there. Mullen
will look at which strategies work best for which crossing.
The only other wayside horns in the area are 2 in Steilacoom, 1 in Tacoma, with an
additional 6 to be installed in Tacoma. Kent may be the first city in King County.
Mullen also investigated Tualatin in Oregon who went into effect this past January. Their
process will be significantly different then ours however since Tualatin is primarily for
their light rail transit service. They also went through an exhaustive community outreach
engagement process. Our costs will be less because everything we are looking at are
things that the feds have approved in other cities. We will continue to look at what the
various options are and what is most cost effective.
Mullen also looked into a $590,000,000 grant for high speed rail corridors that was
awarded to the State. There may be more federal dollars for rail applications that may
be turned back and become available. Mullen contacted the State and asked to be added
to their list to be considered for future funding asks to help mitigate for high speed rail.
LaPorte stated that we are continuing to work on a relationship with the railroads and
gathering information. We will also need to figure out a political strategy.
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PUBLIC WORKS COMMITTEE
Minutes of Monday, March 7, 2011
Higgins inquired about the $500,000 that was set aside for the 2011 budget for this
project and asked if we are tapping this. LaPorte confirmed that it is still in reserve and
he would bring any contract back to Committee for prior authorization. Harmon
mentioned that in February there was a $1 million budget adjustment brought to
Operations Committee, $500,000 coming from monies set aside for the quiet zone and
$500,000 from the road overlay program. Harmon is still seeking clarification. LaPorte
said he would pass this along to John Hodgson, but that we are not proposing to spend
any of it at this time.
Harmon inquired about the road overlay program. LaPorte said that we are continuing to
prepare plans for the asphalt overlay program. We have a menu of roads that are in
need of overlays (132"' 2121h) and we'll continue to work on getting the project ready to
bid. We are waiting for second quarter results (July/August) to determine if we will be
bidding the project.
Information Only/No Motion Required
The meeting was adjourned at 5:01 p.m.
Nancy Yoshitake
Public Works Secretary
Page 5 of 5
SPECIAL PUBLIC WORKS COMMITTEE
Minutes of Monday, March 14, 2011
COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis
Higgins were present. The meeting was called to order at 4:06 p.m.
ITEM 1 — Approval of Minutes Dated March 7, , 2011:
Committee Member Higgins MOVED to approve the minutes of March 7, 2011.
The motion was SECONDED by Harmon and PASSED 3-0.
Item 2— 2011 Public Works Work Plan:
Public Works Director, Tim LaPorte gave an informative PowerPoint Presentation on the
2011 Public Works Work Plan. He explained that the plan is a working document. The
following personnel presented information regarding their divisions.
Tim LaPorte, Public Works Director and Bill Thomas, Street Superintendent presented
location maps on the following Transportation Issues:
• Residential Traffic Calming Program, Signalized Intersection, Welded Lighting
System Status, Street Maintenance Projects, Street and Sign Improvements,
Vegetation Zones and Hazardous Tree Removal, Overlay Projects, Pothole Repairs
from 2009 to 2011 and Wheel Path Repairs
LaPorte and Greg Reed, Utilities Superintendent went over the following location maps on
the Sanitary and Storm System:
• Sanitary Sewer Annual Line Cleaning and Camera Inspections, Sanitary Sewer
System Repetitive Problems and Storm and Sanitary Sewer Pump Stations.
LaPorte and Mike Mactutis, Environmental Engineering Manager showed area maps of the
following projects:
• Lower Green River Levee Protection Areas, Surface Drainage Facilities,
Stormwater Ponds and Maintenance Projects, HCP Mitigation Projects, Tall Grass
and Weeds Response Hot Spots, NPDES Storm Pond Maintenance and Flood Flight
and Levee Projects.
LaPorte and Brad Lake, Water Superintendent showed location maps of the following
Water System issues:
• Water Main Cubing, Flushing and Water Service Area Map, 640 and numerous
Water Projects that are underway throughout the City.
LaPorte and Mark Howlett, Design Engineering Manager presented area maps showing
various projects that are underway or in the planning process throughout the City.
Information Only/No Motion Required
Page 1 of 2
SPECIAL PUBLIC WORKS COMMITTEE
Minutes of Monday, March 14, 2011
Item 3— Storm Utility Rates — How to Bill Private Streets:
Tim LaPorte, Public Works Director introduced John Ghilarducci of FCS Group. Ghilarducci
is a rate analyst for public utilities. Ghilarducci compared Kent City Code with other
municipal codes and researched how the private roads are charged in other
municipalities.
Ghilarducci's initial findings have determined that our neighboring valley cities charge for
private roads under the storm drainage utility code, which is consistent with the City of
Kent.
Information Only/No Motion Required
The meeting was adjourned at 5:26 p.m.
Cheryl Viseth
Public Works Secretary
Page 2of2
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION